Terms of Use

Last Updated: October 14, 2024

1. Introduction

Welcome to AISearchWatch.com ("the Service"), a software-as-a-service (SaaS) platform. These Terms of Use ("Terms") govern your access to and use of the Service. By accessing or using AISearchWatch.com, you agree to comply with and be bound by these Terms. If you disagree with any part of the Terms, you may not access or use the Service.

2. Definitions

"AISearchWatch," "we," "us," or "our" refers to the company operating the Service. "You" or "your" refers to the individual or entity accessing or using the Service. "Content" refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted through the Service.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. If you are accessing or using the Service on behalf of a business or entity, you represent and warrant that you have the authority to bind that business or entity to these Terms.

4. Account Registration

To access certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

5. Use of Services

AISearchWatch.com provides services related to tracking and analyzing AI search engine results. You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

(a) in any way that violates any applicable federal, state, local, or international law or regulation; (b) to transmit any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (c) to impersonate or attempt to impersonate AISearchWatch, an AISearchWatch employee, another user, or any other person or entity; (d) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm AISearchWatch or users of the Service or expose them to liability.

6. Intellectual Property

All content on AISearchWatch.com, including but not limited to text, graphics, logos, and software, that is created by AISearchWatch.com or its content suppliers (collectively, "AISearchWatch Content") is the property of AISearchWatch.com and is protected by United States and international copyright laws.

You, as a user, retain all rights, including copyright, to any content that you submit, post, or display on or through the Service ("User Content"). By default, all User Content is private and secure within the Service.

If and only when you choose to make your User Content public (such as by posting in Public Mode or sharing a public link), you grant AISearchWatch.com a limited, worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute such publicly shared User Content solely for the purpose of providing and promoting the Service. This license applies only to the specific User Content you've chosen to make public and does not transfer ownership of your User Content to AISearchWatch.com.

You retain the right to use your User Content in any way you see fit, and you retain full responsibility and liability for any User Content you choose to make public. AISearchWatch.com is not responsible for any consequences that may arise from your decision to share User Content publicly.

Nothing in these Terms of Use shall be construed as transferring any rights in the AISearchWatch Content to you or any other users. AISearchWatch.com reserves all rights not expressly granted herein.

7. Third-Party Services

By using AISearchWatch.com, you agree that your non-personally identifiable data may be collected and processed by third-party services such as Google Analytics. This helps us understand how our website is being used. The data collected is anonymous and is used solely for the purpose of improving our services. For more details on how we handle your data, please refer to our Privacy Policy.

8. Disclaimer of Warranties

AISearchWatch.com is provided on an "as is" and "as available" basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Furthermore, while we strive for accuracy, AISearchWatch.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website, including any calculations, analysis, or insights derived from the use of our service. Any reliance you place on such information is strictly at your own risk.

9. Limitation of Liability

In no event shall AISearchWatch.com, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

(i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) unauthorized access, use or alteration of your transmissions or content;

whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Specifically, AISearchWatch.com shall not be liable for any errors, inaccuracies, or incorrect calculations in the analysis or results provided by the Service. Users acknowledge that any decisions made based on the information or analysis provided by AISearchWatch.com are at their own risk, and AISearchWatch.com shall not be held responsible for any consequences arising from such decisions.

10. Indemnification

You agree to defend, indemnify and hold harmless AISearchWatch.com and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

11. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. This choice of law applies to all users worldwide. You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such action or proceeding.

12. Dispute Resolution

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled in Delaware, United States, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. This provision applies to all users worldwide. By using the Service, you expressly waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

14. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

15. Entire Agreement

These Terms of Use constitute the entire agreement between you and AISearchWatch.com regarding your use of the website and supersede all prior and contemporaneous written or oral agreements between you and AISearchWatch.com.

16. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without AISearchWatch.com's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. AISearchWatch may freely assign or transfer these Terms without restriction.

17. User Responsibilities

You are responsible for all activities that occur under your account and are expected to maintain the confidentiality of your account information.

18. Termination

We reserve the right to terminate or suspend access to AISearchWatch.com for any reason, including breach of these Terms of Use, without prior notice or liability.

19. Changes to These Terms

We reserve the right to modify these Terms of Use at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. Your continued use of AISearchWatch.com after any such changes will signify your acceptance of the adjusted terms.

20. International Use

If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the AISearchWatch content accessed through AISearchWatch.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

21. Contact Information

If you have any questions about these Terms, please contact us at legal@aisearchwatch.com.

22. Acknowledgment

By using AISearchWatch.com, you acknowledge that you have read these Terms of Use, understood them, and agree to be bound by them. You further acknowledge that these Terms of Use, together with our Privacy Policy, represent the complete and exclusive statement of the agreement between us and supersede any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of these Terms of Use. If you do not agree to these Terms of Use, you are not authorized to use the Service.