Terms of Service

1. Acceptance

By checking the acceptance box and clicking “Create Account” (or by continuing to access or use the Service), you (“Customer,” “you”) enter into a binding agreement with Discov.ai (“Company,” “we”) on these Terms of Service (the “Agreement”). If you do not agree, do not create an account or use the Service.

You represent that you are at least 18 years old and, if you are accepting on behalf of a business, that you are authorized to bind that business to this Agreement. Company represents that it has the full right, power, and authority to enter into and perform this Agreement.

This is a click-wrap agreement: your affirmative click is equivalent to a handwritten signature. Company does not sign individual paper agreements or NDAs for standard self-serve accounts. Enterprise/custom-contract customers are governed by a separately negotiated Master Services Agreement that supersedes this document where explicitly stated; absent explicit MSA coverage of a given section, this Agreement’s terms apply by default.

2. The Service; Definitions

Discov.ai provides an AI-driven search-visibility platform (the “Service”) that: (a) scores a business’s discoverability by AI systems (the “Visibility Score”), (b) generates and injects structured data and content fixes, and (c) in “Cruise Mode,” autonomously generates and publishes content to Customer’s connected third-party accounts (including business-listing profiles, content management systems, and social media accounts) on a recurring schedule without per-post human review. Customer may instead select “Review Mode” (Customer approves each piece of generated content before it publishes) or “Draft Mode” (Customer manually publishes generated content, with no automated publishing).

3. AI Output Disclaimer

The Service uses third-party large language models to generate scores, recommendations, and published content. All AI-generated output is provided on an “AS-IS” and “AS-AVAILABLE” basis. Company does not warrant that any Visibility Score, ranking prediction, generated content, or automated publish action is accurate, complete, brand-appropriate, free of factual error, or will produce any particular business outcome (traffic, ranking, leads, or revenue). Customer is responsible for reviewing generated content wherever the Service offers Review Mode, and assumes the risk of content published in Cruise Mode without review, as authorized under Section 7.

The Service applies automated filters intended to reduce, though not eliminate, the likelihood that Cruise Mode publishes content that is unlawful, defamatory, hateful, or infringing before it goes live. These filters are a risk-reduction measure only, are not a guarantee of legality, accuracy, or non-infringement, and do not create any obligation on Company to review, pre-screen, or approve any specific piece of content.

4. Third-Party Infrastructure & Subprocessors

The Service is built on, and transmits Customer Data to, third-party subprocessors that are not owned or controlled by Company. These subprocessors provide functions including:

• Large-language-model and AI content generation
• AI visibility and mention-checking (read-only queries used to assess how Customer’s business appears in AI-generated answers; this function does not generate customer-facing content)
• Database, backend, and authentication infrastructure
• Hosting and deployment
• Payment processing
• Transactional email delivery
• Search-engine, ranking, and business data aggregation
• Direct publishing integrations with Customer-authorized business-listing platforms, content management systems, and e-commerce platforms
• Customer-authorized publishing to Customer’s connected social media accounts, via a social-media publishing aggregator

“Customer Data” means any data Customer submits to, or connects via, the Service, including business information, content inputs, and connected third-party account credentials and tokens. Customer acknowledges and consents to Customer Data being transmitted to and processed by these subprocessors solely to provide the Service, subject to Company’s Privacy Policy and Data Processing Agreement (the “DPA”). Company maintains a standardized, pre-drafted DPA covering these subprocessors and will provide it to Customer promptly upon request at support@discov.us, without requiring individual negotiation; once provided, the DPA is incorporated into this Agreement by reference. Company will not use Customer Data to train, fine-tune, or otherwise develop its own foundation models or proprietary AI algorithms. Company selects and configures its subprocessors specifically to prevent them from using Customer Data to train their own foundation models. If Company becomes aware that a subprocessor’s terms no longer support this restriction, Company will promptly transition to an alternative subprocessor or configuration that does, and will notify Customer without undue delay if Customer Data was processed by that subprocessor in the interim.

5. Data Ownership

Customer retains all ownership rights in Customer Data submitted to the Service and in the output the Service generates for Customer’s own business (subject to the underlying AI subprocessors’ own output-licensing terms, which Company passes through unmodified). Company does not sell Customer Data. Company uses aggregated, de-identified data (e.g., which content types perform well by category/location) to improve the Service, as described in the Privacy Policy.

6. Company Intellectual Property

Company retains all right, title, and interest in and to the Service, including its software, algorithms, the Visibility Score methodology, and all Company trademarks and branding. Except for the limited right to access and use the Service as permitted under this Agreement, no rights are granted to Customer in Company’s intellectual property. Customer will not reverse-engineer, scrape, resell, or white-label the Service without Company’s prior written consent.

7. Autonomous Publishing Authorization (Cruise Mode)

Cruise Mode operates on a shared-responsibility basis. Company implements automated content-filtering guardrails designed to reduce the likelihood that Cruise Mode publishes content that is unlawful, defamatory, hateful, or infringing, and is responsible for maintaining those guardrails to a commercially reasonable standard. Customer is responsible for the business information, inputs, and configuration it provides to the Service, and for the accuracy of Customer’s own business operations as reflected in published content. Cruise Mode publishes AI-generated content directly to Customer’s connected accounts (including business-listing profiles, content management systems, and social media accounts) without human review before publication.By enabling Cruise Mode, Customer expressly authorizes the Service to generate and publish content to those connected accounts on Customer’s behalf, on the configured schedule, until Customer disables Cruise Mode or disconnects the relevant account. Customer may switch to Review Mode or Draft Mode at any time. Company is not liable for the content or consequences of any Cruise Mode publication except to the extent caused by Company’s gross negligence or willful misconduct.

Customer acknowledges that content published via Cruise Mode is published under Customer’s own account, business name, and public-facing profiles, and that a third party who believes such content is false, defamatory, or infringing may bring a claim against Customer, Company, or both. As between Company and Customer, and without limiting Section 12, Customer is responsible for such third-party claims to the extent arising from Customer’s decision to enable Cruise Mode. This Agreement governs the relationship between Company and Customer only; it does not bind, and confers no rights or obligations on, any third party, and nothing in Section 11’s General Cap limits Customer’s own liability to a third party arising from content published to Customer’s accounts, whether via Cruise Mode, Review Mode, or Draft Mode.

This allocation applies to content Company generated and published as authorized under the affected Customer’s own Cruise Mode enablement. It does not apply to a claim arising from Company publishing content to a Customer account other than the one whose Cruise Mode authorization triggered the publish action; that scenario is instead governed by, and not excluded from, Section 11’s General Cap.

Upon receiving a good-faith notice that Cruise Mode has published content that is false, defamatory, or infringing, sent to support@discov.us (or the notice address in Section 21), Company will remove or disable the flagged content from Company-initiated publish channels, where technically feasible, within one (1) business day of verified notice.

Company strongly recommends that Customer maintain commercially reasonable general liability and/or media/cyber liability insurance covering claims arising from content published to its own business accounts. Enabling Cruise Mode is not conditioned on providing proof of such coverage, but Customer remains responsible for its indemnification obligations under Section 12 regardless of whether such insurance is in place.

8. Acceptable Use Policy

Customer will not use the Service to:

• publish or generate content that is illegal, defamatory, or infringes a third party’s rights;
• send unsolicited bulk communications or spam through connected accounts;
• attempt to reverse-engineer, scrape, or circumvent rate limits or usage metering on the Service;
• connect, or attempt to connect, a third-party account that Customer is not authorized to control or administer;
• send automated requests at a volume or pattern inconsistent with ordinary single-business use, or otherwise abuse shared infrastructure or unmetered endpoints; or
• engage in publishing conduct that Company reasonably determines risks suspension or termination of Company’s own API access with a publishing platform (e.g., a business-listing platform or a social media platform).

Violation of this section constitutes “abuse” for purposes of Section 19.

9. Service Availability

Company distinguishes between two categories of availability:

• Core Platform Availability: the application interface, database, authentication, and scheduling infrastructure that Company directly operates and controls.
• Excused AI Downtime: any failure, degradation, or unavailability caused directly or indirectly by an upstream third-party subprocessor outage, including AI model API downtime, hosting or database provider outages, or publish-destination API failures.

Excused AI Downtime does not constitute a breach of this Agreement and is excluded from any uptime commitment Company makes with respect to Core Platform Availability. This exclusion does not relieve Company of its obligation to use commercially reasonable efforts to select and monitor its subprocessors. In the event of an upstream AI subprocessor outage, Company will use commercially reasonable efforts to maintain service continuity, which may include queuing automated tasks for later execution or temporarily routing requests to alternative available infrastructure.

10. Subscription, Billing & Cancellation

Subscription fees are billed in advance on a recurring monthly or annual basis and automatically renew until Customer cancels. Customer may cancel at any time in-app; cancellation takes effect at the end of the current billing period, and fees already paid are non-refundable except where required by law. Company will provide at least 30 days’ notice before any price increase takes effect on a renewal. If a payment fails, Company will notify Customer and provide a fourteen (14) day cure period to update billing information before suspending the Service for non-payment, as further described in Section 19. Upon cancellation or termination, Customer Data remains available for export for 60 days, after which it may be permanently deleted.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOST DATA; AND (b) EACH PARTY’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT, INCLUDING EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 12, WILL NOT EXCEED THE FEES CUSTOMER PAID TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM (the “General Cap”).

The General Cap does not apply to: (i) Customer’s payment obligations; (ii) either party’s liability arising from its own gross negligence, willful misconduct, or fraud; or (iii) either party’s indemnification obligations for third-party intellectual-property infringement claims under Section 12, which are instead subject to a separate cap equal to five (5) times the fees Customer paid to Company in the twelve (12) months preceding the claim (the “IP Cap”). The IP Cap is set higher than the General Cap because an intellectual-property claim can expose the defending party to litigation costs disproportionate to ordinary subscription fees. Nothing in this section limits liability that cannot be limited under applicable law.

12. Indemnification

Companywill defend Customer against third-party claims that the Service, as provided by Company (excluding AI-generated output and excluding Customer’s own content or configuration), infringes a valid patent, copyright, or trademark under the laws of the United States, the European Union, the United Kingdom, or Canada, and will pay resulting damages and costs finally awarded, subject to the IP Cap in Section 11.

Customerwill defend and indemnify Company against third-party claims arising from Customer Data, Customer’s use of the Service in violation of this Agreement or law, content published via Cruise Mode (whether or not individually reviewed by Customer, given Customer’s affirmative opt-in and standing authorization under Section 7), or content published via Review Mode that Customer approved, exceptto the extent the claim arises from Company’s own gross negligence or willful misconduct, or from Company publishing content to a Customer account other than the one whose Cruise Mode authorization triggered the publish action. This indemnification obligation applies whether the third-party claim is brought against Company, Customer, or both, and is subject to the General Cap in Section 11 except where Section 11 provides otherwise.

13. Warranty Disclaimer

EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The content-filtering measures described in Section 3 are a risk-reduction measure only and do not constitute a warranty of any kind.

14. DMCA / Copyright Complaints

Company respects intellectual property rights. If you believe that content published through the Service infringes your copyright, send a detailed notice to support@discov.us. Company will review the notice and may remove or disable access to the identified content at its discretion. Company maintains a policy of terminating, in appropriate circumstances, the accounts of Customers who are repeat infringers; repeated substantiated infringement notices against a Customer’s account constitute “abuse” for purposes of Section 19.

15. Data Breach Notification

If Company becomes aware of a security incident affecting Customer Data (including one originating at a subprocessor named in Section 4), Company will notify affected Customers without undue delay and in any event within the timeframe required by applicable law (e.g., without unreasonable delay under most US state breach-notification statutes; without undue delay and, where feasible, within 72 hours of Company’s own awareness, consistent with GDPR Article 33 flow-down obligations where applicable). Company requires its subprocessors to notify Company of a security incident affecting Customer Data without undue delay, so that Company can in turn meet the notification timeframes above. Customer’s substantive privacy rights (including GDPR access/deletion/portability rights and CCPA rights to know, delete, and opt out of sale/sharing) are set out in Company’s Privacy Policy, which forms part of this Agreement by reference.

16. Changes to Terms

Company may update this Agreement. Material changes will be notified by email or in-app notice and will require re-acceptance (a new click-wrap event) before continued use. Non-material changes take effect on posting.

17. Arbitration & Class Action Waiver

For Customers located in the United States, disputes arising from this Agreement will be resolved by binding individual arbitration under the rules of the American Arbitration Association, and Customer waives any right to participate in a class, collective, or representative action. Either party may bring an individual claim in small-claims court instead of arbitration where the claim qualifies.

This Section 17 applies only to Customers located in the United States. For Customers located outside the United States, disputes arising from this Agreement will be resolved by the courts identified in Section 18, except where a Customer’s local consumer-protection law mandates a different forum.

18. Governing Law

This Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-law principles, except where a Customer’s local consumer-protection law mandates otherwise.

19. Termination

Either party may terminate this Agreement for convenience; Customer may do so at any time via the in-app cancellation flow, and Company may do so by providing thirty (30) days’ written notice to Customer. Company may suspend or terminate immediately for a material breach or abuse (as defined in Section 8) of the Service. For non-payment specifically, Company will first notify Customer and provide a fourteen (14) day cure period to update billing information, as described in Section 10, before suspending the Service; Company may terminate for non-payment only if Customer fails to cure within that period. Sections 4, 5, 6, 7 (as to content already published before termination), 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 20, and 21 survive termination.

20. General Provisions

This Agreement is the entire agreement between the parties on this subject. If any provision is held unenforceable, the remaining provisions remain in full effect. Neither party’s failure to enforce a provision is a waiver of it. Either party may assign this Agreement, in whole, without the other party’s consent, in connection with a merger, reorganization, acquisition, or sale of substantially all of its assets, provided that the assignee is not a direct competitor of the other party and assumes all obligations under this Agreement. Except as permitted in the preceding sentence, neither party may assign or transfer this Agreement or, in Customer’s case, its account, in whole or in part, without the other party’s prior written consent; any attempted assignment in violation of this section is void. This Agreement creates no rights for any third party. Neither party is liable for delay caused by events beyond its reasonable control. Customer represents it is not located in, or subject to sanctions in, an embargoed country and will not use the Service in violation of applicable export control or sanctions laws.

21. Notices

Legal notices to Company must be sent electronically to support@discov.us. Notices to Customer will be sent to the email address on the Customer’s account. Notice is deemed given one business day after transmission.