TERMS OF
SERVICE

1. Introduction

These Terms of Service ("Terms") form a legally binding agreement between Yours Sincerely Marketing And Pr Ltd ("we", "us", "our") and the individual or organisation ("you", "Customer") that creates an account and uses the Visbly platform and associated services (the "Service").

By creating an account, starting a free trial or making a payment, you confirm that you have read and agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

If you are accepting these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation.

2. The Service

Visbly is a software-as-a-service platform that measures and tracks how brands appear in AI-generated responses across major language models. The Service includes dashboard access, automated and manual pipeline runs, reporting, analytics, and related features as described on our website and at sign-up.

We may update, modify or improve the Service from time to time. We will try to give reasonable notice of significant changes but reserve the right to alter features and functionality at our discretion.

The Service relies on third-party systems, including AI models, search providers and data providers, which are outside our control. We are not responsible for any errors, interruptions, changes, deprecations, throttling or failures caused by such third-party systems, including model output changes, API changes, outages or revoked access. We do not guarantee the accuracy, completeness, consistency or availability of AI-generated outputs or third-party data, which are provided for informational and tracking purposes only.

Features designated as beta, preview, early access or experimental are provided on an "as is" basis without any warranties and may be modified, withdrawn or made unavailable at any time without notice.

3. Accounts

To use the Service you must create an account and provide accurate, complete information. You are responsible for keeping your credentials secure and for all activity that occurs under your account.

You must notify us promptly if you become aware of unauthorised access to your account.

We may refuse, suspend or terminate accounts at our discretion where we have reasonable grounds to believe that these Terms have been violated, that the account is being used for fraudulent or abusive purposes, or that continued access poses a risk to the Service or to other users.

4. Subscriptions and payment

Access to paid features requires a current, active subscription. Subscription fees, billing periods and included features are described on our pricing page and at checkout.

Payments are processed by Paddle as our authorised reseller and merchant of record. By subscribing you also agree to Paddle's terms and any applicable payment processing conditions.

Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. Cancellation can be managed through your account billing settings or by contacting us.

We reserve the right to change subscription pricing. Where pricing increases affect your current plan, we will give reasonable advance notice and the change will apply from your next renewal date.

All fees are non-refundable except as expressly set out in our Refund Policy.

5. Free trials

We may offer a free trial period to new customers. Trial access is subject to these Terms and any specific terms shown at sign-up.

At the end of the trial, your account will require a paid subscription to continue accessing the Service. If you do not subscribe, access to certain features will be restricted and your account will enter a paused state. Your data will be preserved for a reasonable period.

We reserve the right to modify or withdraw trial offers at any time.

6. Acceptable use

You may use the Service only for lawful purposes and in accordance with these Terms. You must not:

• use the Service for any unlawful purpose or in any way that violates applicable laws or regulations;
• attempt to access, interfere with or disrupt the Service, its infrastructure, or other users' accounts;
• reverse engineer, decompile, copy, reproduce or extract the underlying software or algorithms;
• use the Service, its outputs or any data obtained from it to train, fine-tune, evaluate or otherwise improve any machine learning or artificial intelligence model;
• use the Service to scrape, harvest or systematically extract data at a scale that is not consistent with normal use;
• use the Service to create a competing product or to benchmark us for the purposes of building a competing service;
• submit false, misleading or fraudulent information to the Service;
• resell, sublicense or transfer access to the Service to third parties without our prior written consent;
• share account credentials with individuals outside your authorised team.

We may impose usage limits, rate limits or fair-use restrictions at our discretion to protect the integrity, security and performance of the Service. We will use reasonable efforts to communicate such limits where they materially affect normal use.

7. Intellectual property

The Service, including all software, features, designs, methodologies, scoring systems and content created by us (including the Earned Visibility Score™ methodology), is owned by or licensed to Yours Sincerely and protected by applicable intellectual property laws.

We grant you a limited, non-exclusive, non-transferable licence to use the Service for your internal business purposes during your subscription. This licence does not include any right to copy, modify, distribute, sell or sublicense any part of the Service.

Nothing in these Terms transfers ownership of any intellectual property from us to you.

8. Customer data

You retain ownership of any data, brand information, prompts and other content you submit to the Service ("Customer Data"). By submitting Customer Data, you grant us the right to process it for the purpose of providing and improving the Service.

We will handle Customer Data in accordance with our Privacy Policy. We will not sell Customer Data to third parties or use it to compete with your business.

You are responsible for ensuring that any Customer Data you submit does not infringe third-party rights and complies with applicable laws.

9. Confidentiality

Each party may receive confidential information from the other in connection with the Service. Each party agrees to use the other's confidential information only for the purposes of these Terms and not to disclose it to third parties without the other's written consent, except where required by law.

Your account data, results and reports are treated as confidential. We will not share them with third parties except as set out in our Privacy Policy or where required by law.

10. Warranties and disclaimers

We will provide the Service with reasonable care and skill and will take reasonable steps to ensure it is available and functional. We aim for high uptime but do not guarantee uninterrupted access, and scheduled or emergency maintenance may occasionally affect availability.

To the fullest extent permitted by law, the Service is provided on an "as is" and "as available" basis. We make no representations or warranties about specific outcomes, results, rankings, scores, traffic, revenue or business performance.

No reliance. You acknowledge that the Service — including all scores, metrics, insights, recommendations, AI-generated outputs and reports — is provided for informational purposes only and should not be relied upon as the sole basis for any business, legal, financial, marketing or strategic decision. You are responsible for independently verifying any information before acting on it.

Results from AI models are generated by third-party systems outside our control. We do not warrant that AI-generated outputs are accurate, complete, up to date, reproducible or fit for any particular purpose.

To the fullest extent permitted by law, we exclude all other warranties, conditions or representations, express or implied, including as to fitness for a particular purpose, merchantability, accuracy or non-infringement.

Nothing in these Terms limits or excludes liability that cannot be excluded under applicable law, including liability for death or personal injury caused by negligence or for fraud.

11. Limitation of liability

To the fullest extent permitted by law, our total aggregate liability to you arising out of or in connection with these Terms or the Service — whether in contract, tort (including negligence), breach of statutory duty or otherwise — will not exceed the total fees paid or payable by you in the twelve months preceding the event giving rise to the claim.

Where you are a free user, trial user, beta user or otherwise have not paid fees in the twelve months preceding the event giving rise to the claim, our total aggregate liability is capped at £100.

In no event will we be liable for any indirect, incidental, consequential, special or punitive damages, or for loss of profits, revenue, data, business, goodwill, anticipated savings, customers or business opportunities, even if we have been advised of the possibility of such damages.

These limitations apply to the fullest extent permitted by applicable law.

12. Indemnity

You agree to indemnify, defend and hold harmless Yours Sincerely, its directors, employees, contractors and affiliates against any claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms; (b) your misuse of the Service; (c) any Customer Data you submit to the Service, including any infringement of third-party rights or violation of applicable laws; or (d) your acts or omissions in connection with the Service.

We will give you reasonable notice of any claim subject to this indemnity and will reasonably co-operate with you in responding to it.

13. Termination

You may cancel your subscription and close your account at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period.

We may suspend or terminate your access to the Service with notice if you breach these Terms and do not remedy the breach within a reasonable period. We may suspend or terminate access immediately, without notice, where the breach is serious, where continued access poses a risk to the security, integrity, performance or reputation of the Service or other users, where required by law, or where we reasonably believe such action is necessary to protect our legitimate interests.

On termination, your access to the Service will cease. We do not guarantee the availability or recoverability of Customer Data after termination and recommend that you export any data you wish to retain before cancelling. We will retain Customer Data for a reasonable period after termination, after which it may be deleted permanently and without further notice. You remain responsible for any fees accrued before termination.

Sections covering intellectual property, liability, indemnity, confidentiality and governing law will survive termination.

14. General

Entire agreement. These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements or understandings.

Changes. We may update these Terms from time to time. The updated version will be published on this page with a revised effective date. Continued use of the Service after changes are published constitutes acceptance. For material changes, we will notify you in advance via the Service or by email.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights in connection with a merger, acquisition or sale of assets.

Waiver. A failure or delay in exercising a right does not constitute a waiver of that right.

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

Governing law. These Terms are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

Questions about these Terms? Contact us at team@yourssincerely.online.