Terms of Service

1. Scope and Parties

The Service is offered by Topify AI, Inc. ("Topify," "we," "us," or "our"), a corporation incorporated in the State of California with its principal place of business in San Francisco, California.

The Service is intended for use by businesses, marketing teams, agencies, and professional users. If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

Any deviating or supplemental terms proposed by the Customer will not become part of the agreement unless expressly accepted by Topify in writing.

2. Service Description

2.1 What Topify Provides

Topify is a Generative Engine Optimization ("GEO") platform that helps brands track, measure, and optimize how AI systems recommend them across major AI platforms, including ChatGPT, Gemini, Perplexity, Google AI Overview, and others. Specifically, the Service enables you to:

• Monitor and track how frequently your brand appears in responses generated by large language models in response to user queries
• Measure brand Visibility, Sentiment (scored 0–100), and Position relative to competitors
• Track AI Volume — the estimated monthly user traffic searching for a given topic through AI tools
• Analyze the websites and domains that AI platforms cite when generating responses, including citation coverage and depth
• Monitor competitor brand performance across the same dimensions
• Generate and manage prompts for tracking, including AI-assisted prompt suggestions
• Receive a Conversion Visibility Rate ("CVR") estimate reflecting the likelihood that an AI response will drive user engagement with your brand
• Access optimization recommendations and, where available, AI-generated content designed to improve your brand's performance in AI search

2.2 What Topify Does Not Provide

Topify does not:

• Guarantee that your brand will appear in any AI-generated response or that any specific visibility, sentiment, or position outcome will be achieved
• Promote, influence, or directly modify LLM outputs or the training data of any third-party AI model
• Provide legal, financial, or professional strategic advice
• Control or guarantee the continued availability, accuracy, or outputs of third-party AI platforms

2.3 Availability and Modifications

Topify aims to maintain a monthly Service availability of 99% at the delivery point. Scheduled maintenance windows, force majeure events, and outages caused by third-party AI platforms outside of Topify's reasonable control shall not count against this availability target. Topify may make reasonable changes to the Service to improve performance, security, or legal compliance, provided that such changes do not eliminate core features.

2.4 Third-Party AI Platforms

The Service relies on data collected from third-party AI platforms (e.g., ChatGPT, Gemini, Perplexity). The availability and output quality of those platforms are outside of Topify's control. Topify expressly reserves the right to add, modify, or remove the AI platforms monitored as part of the Service.

3. Account Registration and Use

3.1 Eligibility. You must be at least 18 years of age to use the Service. By registering, you represent and warrant that you meet this requirement and that all registration information you provide is truthful, accurate, and current.

3.2 Account Security. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify Topify immediately at support@topify.ai upon becoming aware of any unauthorized access to or use of your account.

3.3 Account Types. The Service supports Agency accounts (for marketing agencies managing multiple client brands) and Brand / In-house Team accounts (for internal marketing teams). You agree to select and use the account type that accurately reflects your role.

3.4 Team Members. You may invite additional team members to your workspace. Admin roles have full permissions; Viewer roles are limited to viewing data. You are responsible for ensuring that all team members comply with these Terms.

4. Customer Responsibilities and Acceptable Use

4.1 Lawful Use. You agree to use the Service only for lawful business purposes and in compliance with all applicable laws and regulations.

4.2 Prohibited Uses. You shall not:

• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or models underlying the Service
• Use the Service to build a competing product or service, or to scrape, harvest, or extract Topify's underlying data or analytics methodologies
• Circumvent, disable, or interfere with any security, rate-limiting, or usage-control features of the Service
• Upload or submit inputs that contain unlawful, defamatory, infringing, or malicious content
• Attempt to gain unauthorized access to any other user's account or to Topify's backend systems
• Use the Service in any manner that could damage, disable, or impair Topify's systems or servers
• Misrepresent your identity or affiliation when registering or using the Service

4.3 Consequences of Violation. In the event of a breach of this Section 4, Topify is entitled, after reasonable notice where feasible, to temporarily suspend or permanently terminate your access to the Service.

5. Intellectual Property

5.1 Topify's Intellectual Property. All intellectual property rights in the Service — including the platform software, GEO algorithms, AI visibility models, analytics methodologies, and documentation — are and remain the exclusive property of Topify AI, Inc. Subject to your compliance with these Terms, Topify grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during the term of your subscription for your internal business operations.

5.2 Customer Data. You retain all rights to the brand data, URLs, competitor lists, and other materials you upload or provide to Topify ("Customer Data"). By providing Customer Data, you grant Topify a limited license to process and use that data solely to the extent necessary to provide the Service. Topify will not sell or share your Customer Data with third parties outside of delivering the Service, except as required by law.

5.3 Outputs. Analytics reports, visibility scores, sentiment scores, position rankings, CVR estimates, and other data outputs generated for your account ("Outputs") are provided for your internal business use. You may not resell, publicly distribute, or commercially exploit Outputs without Topify's prior written consent.

5.4 AI-Generated Content. To the extent the Service generates content suggestions, articles, or similar materials, such content is provided on an "as-is" basis. You are responsible for reviewing and verifying any generated content before use.

5.5 Feedback. If you provide Topify with any suggestions, ideas, or feedback regarding the Service, you hereby grant Topify a perpetual, irrevocable, royalty-free license to use and incorporate such feedback in any manner, without any obligation of confidentiality or compensation to you.

6. Subscription Plans, Fees, and Payment

6.1 Subscription Plans. The Service is offered through tiered Subscription Plans. Current plans include Basic, Pro, and Enterprise tiers, each with defined limits on tracked prompts, AI response analyses, projects, seats, research credits, and content generations. Topify reserves the right to modify, add, or remove Subscription Plans at any time.

6.2 Fees and Billing. Fees are billed monthly or annually as selected, in advance, and will automatically renew at the end of each billing period unless you cancel before the renewal date. All fees are stated in United States Dollars and are exclusive of applicable taxes.

6.3 Payment. You authorize Topify (or its payment processor) to charge your payment method on file for all amounts due. If payment fails, Topify may suspend your access to the Service until outstanding amounts are resolved.

6.4 Price Changes. For existing paid subscribers, Topify will provide at least thirty (30) days' prior written notice before any fee increase takes effect. If you do not agree to the fee change, you may cancel your subscription before the new fees take effect.

6.5 Refunds. Except as required by applicable law, all fees are non-refundable. If Topify terminates your account without cause, Topify will provide a pro-rata refund for any prepaid fees covering the unused portion of your then-current billing period.

6.6 Free Trial. Trial access is provided for evaluation purposes only, may be subject to feature and usage limitations, and may be suspended or terminated by Topify at any time. Continued use of the Service after the trial period ends will require a paid Subscription Plan.

7. Data Protection and Privacy

Your use of the Service is governed by Topify's Privacy Policy, which is incorporated into these Terms by reference. With respect to any personal data you submit, you are the data controller and Topify acts as a data processor on your behalf.

If you are located in the European Economic Area, United Kingdom, or Switzerland, the parties may enter into a Data Processing Agreement ("DPA") upon request. Topify implements appropriate safeguards for cross-border data transfers, including Standard Contractual Clauses where applicable.

Topify retains Customer Data for as long as your account is active. Upon termination, Topify will retain Customer Data for thirty (30) days to allow you to export your data, after which it may be deleted from Topify's active systems.

8. Disclaimers

9. Limitation of Liability

9.1 Exclusion of Consequential Damages. To the maximum extent permitted by applicable law, in no event shall Topify or its officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, loss of goodwill, business interruption, or cost of substitute services.

9.2 Liability Cap. To the maximum extent permitted by applicable law, Topify's total liability for any claims arising out of or related to these Terms or your use of the Service will not exceed the greater of: (a) the total fees actually paid by you to Topify in the twelve (12) months preceding the event giving rise to the claim; or (b) one hundred United States dollars (USD $100).

9.3 Exceptions. The limitations in this Section 9 do not apply to: (a) either party's indemnification obligations; (b) either party's liability for willful misconduct or gross negligence; or (c) your violation of Section 4.2 (Prohibited Uses).

9.4 Indemnification. You agree to indemnify, defend, and hold Topify and its officers, directors, employees, and agents harmless from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service in violation of these Terms; (b) Customer Data you submit; (c) your violation of applicable laws; or (d) any claim that your use of the Service infringes third-party intellectual property or privacy rights.

10. Term and Termination

10.1 Term. The agreement begins when you create an account or otherwise accept these Terms and continues for the duration of your subscription term.

10.2 Cancellation by You. You may cancel a monthly subscription at any time, effective at the end of the current billing cycle. Annual subscriptions require thirty (30) days' notice prior to the end of the annual term. Notice must be provided through your account settings or in writing to support@topify.ai.

10.3 Termination by Topify. Topify may suspend or terminate your access to the Service: (a) immediately, if you materially breach these Terms and fail to remedy it within ten (10) business days of written notice; (b) immediately, upon your insolvency or bankruptcy; or (c) for convenience, upon thirty (30) days' written notice.

10.4 Effects of Termination. Upon termination, your right to access and use the Service will cease and Topify will deactivate your account. Sections 5, 7, 8, 9, 11, 12, and 13 survive termination.

11. Confidentiality

Each party agrees to keep confidential all non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential given its nature. Each party agrees to protect the other's confidential information using at least the same degree of care it uses to protect its own confidential information, and not to disclose it to any third party except to employees, contractors, or advisors who need to know such information and are bound by comparable confidentiality obligations.

12. Reference Use

Topify may publicly refer to you as a customer for marketing and promotional purposes, including use of your company name and logo in reference lists, on its website, and in other marketing materials, provided this is done in a factual and appropriate manner. You may withdraw this consent at any time by notifying Topify in writing at support@topify.ai.

13. Dispute Resolution

13.1 Informal Resolution. Before initiating any formal dispute resolution proceeding, the parties agree to attempt in good faith to resolve any dispute informally within thirty (30) days of written notice describing the nature of the dispute.

13.2 Arbitration. If the parties are unable to resolve a dispute informally, either party may submit the dispute to binding arbitration administered by JAMS pursuant to its applicable rules. The arbitration will be conducted on an individual basis; class arbitrations and class actions are not permitted. This Section does not prevent either party from seeking emergency injunctive relief to protect intellectual property rights or confidential information.

13.3 Opt-Out. You may opt out of the agreement to arbitrate by sending written notice to Topify AI, Inc., Attn: Legal, San Francisco, California, within thirty (30) days of first accepting these Terms. Your opt-out notice must include your name, mailing address, account email, and a clear statement that you wish to opt out of arbitration.

13.4 Waiver of Class Action. To the maximum extent permitted by law, you and Topify each agree that any proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Governing Law and Jurisdiction

These Terms and any disputes arising out of or relating to them are governed by the laws of the State of California, United States, without regard to its conflict of law rules. For any disputes not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in San Francisco County, California.

15. Changes to Terms

Topify reserves the right to modify these Terms at any time. For existing subscribers, Topify will provide at least thirty (30) days' prior written notice before material changes take effect. If you do not agree to the modified Terms, you may terminate your subscription before the changes take effect. Continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms.

16. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy and any Subscription Plan order form or DPA, constitute the entire agreement between the parties with respect to the Service.

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Assignment. You may not assign or transfer any of your rights or obligations under these Terms without Topify's prior written consent. Topify may freely assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

Force Majeure. Neither party will be liable for any delay or failure to perform its obligations under these Terms to the extent caused by events beyond that party's reasonable control, including acts of God, natural disasters, pandemic, war, or failure of third-party service providers.

Relationship of the Parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between the parties.

17. Contact Information

For questions or communications regarding these Terms, please contact: