Terms of Service
These Terms form a binding agreement between you, the organization you represent, and Percepture, Inc., the operator of Prime AI Visibility (“Prime,” “we,” “us,” or “our”). They govern the Prime application, reports, content tools, APIs, and related services (collectively, the “Service”).
1. Acceptance and authority
You accept these Terms when you affirmatively agree during account creation, complete a paid checkout that references them, sign an order form that incorporates them, or continue using the Service after receiving notice of an updated version. If you use Prime for an organization, you represent that you have authority to bind that organization. “Customer” means that organization and its authorized users. If you lack that authority or do not agree, do not create an account or use the Service.
The Service is intended for business use by people who are at least 18 years old and legally able to enter a contract. Mandatory rights that cannot lawfully be waived remain unaffected.
2. The Service and orders
Prime measures and analyzes how brands, websites, competitors, and topics appear in selected AI-assisted answer and search services. Features may include website research, question discovery, scheduled or on-demand checks, saved answers and citations, reporting, and draft content recommendations. Available providers, limits, credit costs, and check cadence are the ones shown in the Service or in your applicable order when the work is requested; they may change as third-party services change.
Subject to these Terms and payment of applicable fees, Prime grants Customer a limited, non-exclusive, non-transferable right during the subscription term to use the Service for Customer’s internal business purposes and, on an Agency or other authorized multi-workspace plan, for client work Customer is authorized to perform.
A signed order form, statement of work, or enterprise agreement may add to these Terms. If documents conflict, the signed order controls for its specific commercial subject, then any data processing addendum, then these Terms, then product documentation.
3. Accounts, administrators, and client domains
Customer must provide accurate account and billing information, protect credentials, use reasonable access controls, and promptly report suspected unauthorized access. Customer is responsible for actions taken through its account and for managing administrators, members, invitations, client workspaces, and connected services.
An organization administrator may manage users, workspaces, plans, billing, integrations, schedules, and data on Customer’s behalf. Customer authorizes Prime to rely on those instructions. Agencies and consultants may submit a client’s non-public data or connect a client account only when authorized by that client and remain responsible for their client relationship and permissions. Public websites may be analyzed for legitimate competitive research without implying ownership, endorsement, or access to private data.
4. Customer content and permissions
“Customer Content” includes domains, URLs, prompts, questions, brand details, audience and market settings, files, instructions, connected-service data, and other material Customer submits. As between the parties, Customer retains its rights in Customer Content. Customer grants Prime and its subprocessors a worldwide, non-exclusive license to host, copy, transmit, crawl, retrieve, transform, and otherwise process Customer Content only as reasonably necessary to provide, secure, support, and improve the Service and as described in the Privacy Policy.
Customer represents that it has all rights and permissions needed for Customer Content and any non-public data or connected accounts. Customer may analyze publicly available domains and sources for legitimate competitive research but may not misrepresent ownership, affiliation, or authorization. Do not submit passwords, secret keys, payment card data, protected health information, children’s data, government identifiers, or other regulated or highly sensitive personal data unless a separate written agreement expressly permits it.
Prime may retrieve publicly available webpages and third-party sources as part of ordinary research. Public availability does not transfer ownership, and Customer remains responsible for how it uses third-party facts, excerpts, links, or other material shown by Prime.
5. AI results and generated materials
AI-assisted answers are variable snapshots, not permanent rankings. A provider may return a different answer at another time, for another user, market, device, account, or wording. Prime does not guarantee that a result is complete, current, accurate, available, unbiased, original, or representative of every user experience. Mentions, citations, demand estimates, scores, recommendations, and discovery candidates are measurement signals, not promises of future traffic, sales, reputation, placement, or provider behavior.
Drafts, images, recommendations, summaries, and other generated materials may contain errors, unsupported claims, third-party material, or similarities to other works. Customer must review facts, sources, claims, rights, brand rules, and legal or regulatory requirements before relying on, publishing, or distributing them. Unless a feature expressly says otherwise and Customer separately confirms the action, Prime does not publish changes to Customer’s website.
Prime is not a legal, medical, financial, compliance, or other professional adviser. Service output is not professional advice and should not be used as the sole basis for a high-impact decision.
6. Acceptable use
Customer and its users must not:
- use the Service unlawfully or to violate another person’s rights;
- submit content Customer lacks authority to use or analyze;
- misrepresent identity, affiliation, ownership, results, or evidence;
- probe, disrupt, overload, bypass, or defeat security, rate limits, access controls, or billing controls;
- reverse engineer or copy the Service except where law expressly allows it;
- use automated means outside documented interfaces to scrape or resell the Service;
- introduce malware or use the Service for fraud, harassment, discrimination, surveillance, or deceptive manipulation; or
- use output without the human review reasonably required by its context.
Prime may investigate suspected violations and may limit or suspend affected access when reasonably necessary to protect customers, providers, the Service, or the public.
7. Plans, subscriptions, credits, and billing
Paid self-service plans are billed monthly in U.S. dollars unless checkout or a signed order expressly states another cadence. The price, included credits, plan limits, and renewal cadence shown at checkout are part of your order. Taxes and payment-processing adjustments may apply where required.
Automatic renewal. A paid subscription automatically renews for successive monthly periods, and Customer authorizes the recurring charge shown at checkout, until an authorized administrator cancels. Customer may cancel online through Settings and the secure billing portal. Unless the checkout or order says otherwise, cancellation takes effect at the end of the current paid period and access continues through that date.
Except where law requires otherwise or Prime agrees in writing, subscription fees and credit-pack purchases are non-refundable, and partial periods are not prorated after cancellation. Prime may issue a discretionary refund or service credit without creating an ongoing obligation to do so.
Credits meter eligible Service activity and have no cash value. They may not be sold, transferred outside the Customer account, or redeemed for money. Unless the pricing page, checkout, or order expressly says otherwise, included and purchased credits do not expire while they remain in the account, but an active plan may be required to use particular features. Prime reserves credits when work starts and returns unused reserved credits when no usable result is saved; completed or partially completed work may consume the credits shown for the saved output.
Customer must maintain a valid payment method and promptly resolve failed payments. Prime may suspend paid features for overdue amounts. Price changes apply prospectively, no earlier than a future renewal after any notice required by law. Chargebacks or payment disputes do not remove Customer’s obligation to pay valid charges.
An upgrade or other plan change may take effect immediately and may create a prorated charge or account credit, as shown before confirmation in the secure billing portal. A scheduled downgrade takes effect as shown in that portal and may reduce future plan limits or feature access.
8. Ownership, output, feedback, and aggregate data
Prime and its licensors own the Service, software, workflows, templates, designs, documentation, and related intellectual property. No rights are granted except the limited use right in these Terms.
As between Prime and Customer, and subject to Customer’s payment obligations and any third-party rights, Customer may use generated deliverables created specifically for Customer to the extent the law permits. Prime does not guarantee that generated material is eligible for copyright protection or that it does not resemble third-party material. Third-party provider outputs, public sources, names, marks, and links remain subject to their respective rights and terms.
Customer grants Prime a perpetual, royalty-free right to use voluntary feedback without identifying Customer. Prime may create and use aggregated or de-identified statistics that do not reasonably identify Customer, a person, a confidential prompt set, or a client workspace, including to operate, secure, benchmark, and improve the Service.
9. Confidentiality, privacy, security, and subprocessors
Each party will use reasonable care to protect the other party’s non-public information identified as confidential or that reasonably should be understood as confidential, and will use it only to perform or receive the Service. This obligation does not cover information already lawfully known, independently developed, publicly available without breach, or rightfully received from another source. A party may disclose information when legally required after giving notice where permitted.
Prime’s collection and use of personal information is described in the Privacy Policy. Customer authorizes Prime to use hosting, authentication, payment, analytics, communications, search, AI, and other subprocessors reasonably needed to provide the Service. If the parties sign a data processing addendum, that addendum controls covered personal-data processing.
Prime uses reasonable administrative, technical, and organizational safeguards, but no online service can promise absolute security. Customer is responsible for configuring its account appropriately and for lawful notices, consents, and instructions relating to data it submits or connects.
10. Availability, support, and changes to the Service
Prime may update, add, limit, or discontinue features, providers, integrations, models, limits, or interfaces. Third-party services may change or become unavailable without Prime’s control. Prime will use commercially reasonable efforts to avoid materially reducing a paid Service during a current paid period, but emergency, security, legal, and provider changes may require immediate action. Beta or preview features may be changed or withdrawn at any time and are provided without a service-level commitment unless a signed order says otherwise.
11. Suspension, termination, and data
Customer may stop using the Service at any time and may cancel a paid subscription as described in Section 7. Prime may suspend or terminate access for material breach, nonpayment, security risk, unlawful use, harm to the Service or third parties, or when required by law. When reasonably practicable, Prime will give notice and an opportunity to cure a remediable breach.
Before termination, Customer should use available export tools for data it wishes to keep. After termination, Prime may delete or de-identify Customer data according to the Privacy Policy, applicable retention requirements, backups, legal holds, and any signed order. Sections that by their nature should survive termination do survive, including ownership, payment, disclaimers, liability, indemnity, and dispute terms.
12. Disclaimers
To the maximum extent permitted by law, the Service and all results, sources, estimates, recommendations, and generated materials are provided “as is” and “as available.” Prime disclaims all express, implied, and statutory warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and warranties arising from course of dealing or usage of trade.
Prime does not warrant uninterrupted or error-free operation; that any provider will return, cite, rank, mention, or recommend a brand; that output will be accurate, original, complete, or legally usable; or that use of the Service will produce traffic, revenue, reputation, rankings, or any other business result.
13. Limitation of liability
To the maximum extent permitted by law, neither Prime nor its affiliates, suppliers, or licensors will be liable for lost profits, revenues, goodwill, data, business interruption, replacement services, or any indirect, special, incidental, consequential, exemplary, or punitive damages, even if advised that they are possible.
To the maximum extent permitted by law, the aggregate liability of Prime and its affiliates, suppliers, and licensors arising out of or related to the Service or these Terms will not exceed the amount Customer paid Prime for the Service during the 12 months before the event giving rise to the claim. For a free Service, the cap is $100.
These exclusions and caps apply regardless of the theory of liability and allocate risk between the parties. They do not apply to liability that cannot legally be excluded or limited.
14. Indemnity
Customer will defend, indemnify, and hold harmless Prime, its affiliates, and their personnel from third-party claims, damages, losses, liabilities, costs, and reasonable attorneys’ fees arising from Customer Content, Customer’s or its users’ unlawful or prohibited use of the Service, an allegation that Customer lacked authority to submit or analyze a domain or data, Customer’s publication or use of generated material, or Customer’s material breach of these Terms. Prime will promptly notify Customer and reasonably cooperate at Customer’s expense. Customer may not settle a claim in a way that admits fault by or imposes an obligation on Prime without Prime’s written consent.
15. Governing law and disputes
These Terms are governed by Delaware law, without regard to conflict of laws rules. The state and federal courts located in Delaware have exclusive jurisdiction over disputes arising from these Terms or the Service, and each party consents to their personal jurisdiction and venue. Either party may seek injunctive or equitable relief to protect confidential information, security, or intellectual property. Before filing a claim, the parties will first try in good faith for 30 days to resolve it through written notice to the contacts in Section 18.
16. Changes and notices
Prime may update these Terms prospectively. The current version and effective date will be posted here. For a material change, Prime will provide notice through the Service, by email, or by another reasonable method and will request renewed acceptance when appropriate or required by law. Changes do not retroactively authorize a materially different use of previously collected personal information without any notice or consent required by law.
Operational notices may be sent to the account email or shown in the Service. Legal notices to Prime must be sent to the email and mailing address in Section 18. Email notice is effective when received; mailed notice is effective on documented delivery.
17. Miscellaneous
Neither party is liable for delay caused by events beyond its reasonable control, except payment obligations. Customer may not assign these Terms without Prime’s written consent; Prime may assign them in connection with a merger, reorganization, financing, or sale of the relevant business or assets. The parties are independent contractors. These Terms do not create third-party beneficiaries.
If a provision is unenforceable, it will be modified only as needed and the rest remains effective. Failure to enforce a provision is not a waiver. Headings are for convenience. These Terms and incorporated orders and policies are the entire agreement about the Service and replace prior terms on that subject.
18. Operator and contact
Prime AI Visibility is operated by Percepture, Inc.
Attn: LegalPercepture, Inc.
104 W. 40th Street, Floor 5, New York, NY 10018
hello@percepture.com (subject: “Legal Notice”)
Privacy requests: hello@percepture.com (subject: “Privacy Request”) . See the Privacy Policy.
