Last Updated: September 16, 2025
These Terms of Service ("Terms") govern your access to and use of the Visibility Stack platform (the "Service" or "Platform") provided by FirstPrinciples Growth Advisory, LLC ("Company," "we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms.
INTERPRETATION AND DEFINITIONS
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms of Service:
- Account means a unique account created for you to access our Service or parts of our Service
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority
- AI Agents means our automated artificial intelligence software that performs visibility optimization, content analysis, and recommendation generation on your behalf
- AI Platforms means third-party artificial intelligence services including ChatGPT, Claude, Perplexity, Google AI Overviews, and Gemini that we integrate with to provide visibility scoring
- Application refers to Visibility Stack, the software program provided by the Company
- Business Context Data means the information you provide about your company including Ideal Customer Profile (ICP), competitors, industry details, geographic markets, and business priorities
- Company (referred to as either "the Company", "we", "us" or "our" in this Agreement) refers to FirstPrinciples Growth Advisory, LLC, 1309 Coffeen Avenue STE 1200, Sheridan, Wyoming 82801, United States
- Content means any text, data, information, software, or other materials that appear on or are generated by the Service
- Customer Data means all data, content, and information provided by you or collected on your behalf through your use of the Service
- Device means any device that can access the Service such as a computer, cellphone, or digital tablet
- Fees means the subscription fees and other charges payable by you for the Service as set forth in your subscription plan
- Service refers to the Application and website accessible at visibilitystack.ai
- Subscription means your paid plan that provides access to the Service features and AI Agents
- Third-Party Services means external services we integrate with including Stripe (payments), SendGrid (email), HubSpot (CRM), Google Analytics, and Mixpanel
- User-Generated Content means any content you create, upload, or submit to the Service
- Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application may be made available
- Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service
- Terms and Conditions (also referred to as "Terms") mean these Terms of Service that form the entire agreement between you and the Company regarding the use of the Service
- You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
These are the Terms of Service governing the use of this Service and the agreement that operates between you and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using our Service, you confirm that:
- You are at least 18 years of age or the age of majority in your jurisdiction
- The Company does not permit those under 18 to use the Service
- You have the legal authority to enter into these Terms on behalf of yourself or your organization
- You agree to comply with all applicable laws and regulations
- You accept all terms and conditions outlined in this agreement
If you disagree with any part of these Terms then you may not access the Service.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
Your access to and use of the Service is also conditioned on your acceptance of and compliance with our Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Service and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.
2. DESCRIPTION OF SERVICE
Visibility Stack is an AI-powered platform that helps businesses optimize their visibility across artificial intelligence search platforms. Our Service includes:
- AI Visibility Scoring: Automated scoring of your brand's visibility across ChatGPT, Claude, Perplexity, Google AI Overviews, and Gemini
- Citation Analysis: Comprehensive reporting of sources that mention your brand in AI platform responses
- Competitive Intelligence: Visibility scoring and citation analysis for up to 5 competitors
- AI Agent Automation: Intelligent agents that provide recommendations and can execute optimization strategies with varying levels of autonomy
- Topic-Based Analysis: Visibility scoring across Top-of-Funnel (TOFU), Middle-of-Funnel (MOFU), and Bottom-of-Funnel (BOFU) query categories
- Dashboard and Reporting: Real-time visibility dashboards and comprehensive performance reports
2.2 Service Availability and Dependencies
Our Service integrates with third-party AI platforms and services. We cannot guarantee uninterrupted access to these external services and are not responsible for their availability, performance, or changes to their terms of service or pricing.
3. ACCOUNT REGISTRATION AND MANAGEMENT
3.1 Account Creation
To use our Service, you must:
- Create an account with accurate and complete information
- Provide a valid email address and business contact information
- Set up payment information through our secure payment processor (Stripe)
- Accept these Terms of Service and our Privacy Policy
3.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Immediately notifying us of any unauthorized use of your account
- Ensuring your account information remains accurate and up-to-date
3.3 Account Restrictions
We reserve the right to suspend or terminate accounts that:
- Violate these Terms of Service
- Engage in fraudulent or illegal activities
- Compromise the security or integrity of our Service
- Misuse our AI Agents or attempt to reverse-engineer our algorithms
4. SUBSCRIPTION PLANS AND BILLING
4.1 Subscription Types
We offer various subscription plans including:
- Monthly Subscriptions: Billed monthly with month-to-month terms
- Annual Subscriptions: Billed annually with discounted pricing
- One-Time Purchases: Proof-of-concept projects and specific analyses
- In-App Purchases: Additional features, credits, or premium services
4.2 Free Trial
We may offer free trial periods for new subscribers. Free trials:
- Provide limited access to Service features
- Automatically convert to paid subscriptions unless cancelled
- Are available once per customer and cannot be combined with other offers
- May require valid payment information to activate
4.3 Billing and Payment Terms
ALL PAYMENT OBLIGATIONS ARE NON-CANCELABLE AND ALL AMOUNTS PAID ARE NON-REFUNDABLE, except as specifically provided for in this Agreement.
- Payment Processing: All payments are processed through Stripe, our secure payment processor
- Automatic Billing: Subscriptions automatically renew at the end of each billing period
- Payment Authorization: You authorize us to charge your payment method for all fees
- Failed Payments: We will retry failed payments and may suspend service for non-payment
- Price Changes: We may change our pricing with 30 days' prior written notice
- Taxes: You are responsible for all applicable taxes, duties, and assessments
4.4 No Refund Policy
All sales are final. We do not provide refunds for:
- Monthly or annual subscription fees
- One-time purchases or proof-of-concept projects
- In-app purchases or additional services
- Unused portions of subscription periods
- Dissatisfaction with Service results or AI recommendations
Before initiating any payment disputes with your credit card company or bank, you must contact us directly at hq@visibilitystack.ai to attempt resolution.
4.5 Subscription Cancellation
- You may cancel your subscription at any time through your account settings
- Cancellation takes effect at the end of your current billing period
- You retain access to the Service until the end of your paid period
- No refunds will be provided for early cancellation
5. USE OF SERVICE
5.1 Permitted Use
You may use our Service to:
- Monitor your brand's AI visibility across supported platforms
- Analyze competitor performance and citation sources
- Configure and manage AI Agents for optimization recommendations
- Generate reports and dashboards for internal business use
- Integrate with authorized third-party services (HubSpot, etc.)
5.2 Prohibited Use
You may not:
- Use the Service for any illegal, harmful, or fraudulent purposes
- Attempt to gain unauthorized access to our systems or other users' accounts
- Reverse engineer, decompile, or attempt to extract our proprietary algorithms
- Use automated scripts or bots to access the Service (other than our provided AI Agents)
- Share your account credentials with unauthorized third parties
- Submit false, misleading, or inaccurate business information
- Use the Service to spam, harass, or harm others
- Violate any applicable laws, regulations, or third-party rights
5.3 Compliance Responsibilities
You are responsible for:
- Ensuring your use of the Service complies with all applicable laws
- Obtaining necessary permissions for any data you provide to us
- Complying with the terms of service of AI platforms we integrate with
- Monitoring and reviewing all AI Agent actions and recommendations
- Implementing appropriate security measures for your account access
6. AI AGENTS AND AUTOMATED DECISION-MAKING
6.1 AI Agent Functionality
Our AI Agents operate at three levels of autonomy:
- Recommendation Mode: AI provides suggestions for your review and manual implementation
- Semi-Autonomous Mode: AI executes pre-approved actions with your oversight and approval
- Fully Autonomous Mode: AI operates independently within parameters you define
6.2 Human Oversight and Responsibility
You retain full responsibility for all decisions and actions taken based on AI Agent recommendations.
- AI Agents provide recommendations and analysis for informational purposes only
- All AI outputs are provided "as-is" without warranties of accuracy, completeness, or fitness for any particular purpose
- You must exercise human judgment in evaluating and implementing AI recommendations
- You are solely responsible for any business decisions based on AI analysis or automation
6.3 AI Service Limitations
- AI recommendations are based on available data and may not reflect complete market conditions
- AI Agents cannot guarantee specific visibility improvements or business outcomes
- External AI platform changes may affect the accuracy or availability of our analysis
- AI-generated content may contain errors, biases, or inconsistencies inherent to machine learning systems
7. DATA AND PRIVACY
7.1 Customer Data Ownership
You retain ownership of all Customer Data you provide to our Service. We do not claim ownership rights to your business information, competitive data, or any analysis results generated specifically for your account.
7.2 Data Processing and Usage
Your data remains siloed to your account. We do not:
- Use your Customer Data to train AI models for other customers
- Share your business information with competitors or third parties (except as required by law)
- Cross-reference your data with other customer accounts for benchmarking
7.3 Data Retention and Deletion
- Customer Data is retained while your account remains active
- Upon account cancellation, your data is deleted within 90 days
- Billing records are retained for 7 years as required by law
- You may request data deletion at any time through your account settings
For complete information about data handling, see our Privacy Policy at visibilitystack.ai/privacy.
8. THIRD-PARTY LINKS AND SERVICES
8.1 Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
9. INTELLECTUAL PROPERTY
9.1 Company Intellectual Property
We own all rights, title, and interest in:
- The Visibility Stack platform, software, and algorithms
- Our proprietary AI visibility scoring methodologies
- All trademarks, service marks, logos, and brand elements
- Documentation, training materials, and marketing content
- Platform improvements, updates, and new features
9.2 Customer Intellectual Property
You retain ownership of:
- Your business information and Customer Data
- AI-generated reports and analysis specific to your account
- Your company trademarks, branding, and proprietary information
9.3 AI-Generated Content
AI-generated content (reports, recommendations, analysis) created specifically for your account is provided to you under a non-exclusive license for your business use. However, pure AI-generated content may not be eligible for copyright protection under current U.S. law.
9.4 Feedback and Suggestions
By providing feedback, suggestions, or ideas about our Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, reproduce, and distribute such feedback for any purpose, without any obligation to compensate you.
10. THIRD-PARTY INTEGRATIONS AND SERVICES
10.1 Third-Party Dependencies
Our Service integrates with various third-party services:
- AI Platforms: ChatGPT, Claude, Perplexity, Google AI Overviews, Gemini
- Payment Processing: Stripe for billing and payment management
- Communication Services: SendGrid for email delivery
- Analytics Services: Google Analytics and Mixpanel for usage tracking
- CRM Integration: HubSpot for customer data synchronization (when authorized)
10.2 Third-Party Terms and Availability
- You acknowledge that third-party services have their own terms of service and privacy policies
- We are not responsible for the availability, performance, or changes to third-party services
- Third-party service interruptions may temporarily affect our Service functionality
- You must comply with all applicable third-party terms of service
10.3 API Costs and Limitations
- Third-party API usage costs are transparently passed through to you
- You will be notified of any API rate limits or usage restrictions
- We reserve the right to implement usage limits to manage costs and performance
11. SERVICE LEVEL AGREEMENT
11.1 Availability Commitment
We target 99.5% uptime for our Service, calculated monthly and excluding:
- Scheduled maintenance windows (maximum 12 hours annually with 48-hour notice)
- Force majeure events beyond our reasonable control
- Third-party service outages or API limitations
- Customer-caused issues or security incidents
11.2 Maintenance and Updates
We may perform maintenance that temporarily interrupts Service availability. We will provide reasonable advance notice for scheduled maintenance, except for emergency security updates.
WE DO NOT GUARANTEE SPECIFIC BUSINESS OUTCOMES, VISIBILITY IMPROVEMENTS, OR AI PLATFORM RANKING CHANGES. Our Service provides analysis and recommendations; actual results depend on factors beyond our control including:
- Changes to third-party AI platform algorithms
- Competitive market dynamics
- Quality and implementation of optimization strategies
- External factors affecting your business visibility
12. WARRANTIES AND DISCLAIMERS
12.1 Limited Warranty
We warrant that our Service will perform substantially in accordance with our published documentation under normal use conditions.
12.2 DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service.
WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING:
- Merchantability: We do not warrant that the Service is suitable for commercial use or will meet your requirements
- Fitness for a Particular Purpose: We do not guarantee the Service meets your specific business needs or will achieve any intended results
- Non-Infringement: We do not warrant that the Service will not infringe third-party rights
- Accuracy: We do not guarantee the accuracy, completeness, or reliability of AI analysis or recommendations
- Uninterrupted Service: We do not warrant that the Service will operate without interruption, meet any performance or reliability standards, or be error-free
- Compatibility: We do not warrant that the Service will be compatible or work with any other software, applications, systems or services
Without limiting the foregoing, neither the Company nor any of the Company's service providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
12.3 AI-Specific Disclaimers
ARTIFICIAL INTELLIGENCE LIMITATIONS:
- AI recommendations are for informational purposes only and do not constitute professional advice
- AI analysis may contain errors, biases, or inaccuracies inherent to machine learning systems
- AI outputs should not be relied upon as the sole basis for business decisions
- We do not warrant the accuracy of AI platform integrations or third-party data sources
13. LIMITATION OF LIABILITY
13.1 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT PURCHASED ANYTHING THROUGH THE SERVICE, WITH A MINIMUM FLOOR OF FIVE HUNDRED DOLLARS ($500) FOR PAYING CUSTOMERS.
13.2 Excluded Damages
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:
- Lost profits, revenue, or business opportunities
- Business interruption or downtime costs
- Loss of data, information, or privacy
- Cost of substitute services or technology
- Damage to business reputation or relationships
- Any damages arising from third-party claims
13.3 Carve-Outs from Limitation
The liability limitations above do not apply to:
- Our breach of confidentiality obligations
- Intellectual property infringement claims
- Gross negligence or willful misconduct
- Data breach notification costs and direct response expenses
- Violations of applicable law that cannot be limited by contract
13.4 Jurisdictional Variations
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
13.5 Essential Basis of Bargain
These limitations are an essential element of the basis of the bargain between us. We would not provide the Service without these limitations.
14. INDEMNIFICATION
14.1 Your Indemnification Obligations
You agree to defend, indemnify, and hold harmless the Company, our affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorney fees) arising from:
- Your use of the Service in violation of these Terms
- Your Customer Data or any content you provide to the Service
- Your violation of any third-party rights or applicable laws
- Any actions taken by AI Agents based on your business data or instructions
- Claims that your use of the Service infringes third-party intellectual property rights
14.2 Indemnification Process
We will promptly notify you of any claim subject to indemnification and cooperate in the defense. You may not settle any claim without our prior written consent.
15. FORCE MAJEURE
We shall not be liable for any failure or delay in performance under these Terms which is due to circumstances beyond our reasonable control, including:
- Acts of war, hostility, terrorism, or sabotage
- Acts of God, natural disasters, or extreme weather events
- Government restrictions, regulations, or orders
- Internet outages, cyberattacks, or infrastructure failures
- Third-party service provider outages or API limitations
- Pandemic, epidemic, or public health emergencies
- Labor disputes, strikes, or other work stoppages
During force majeure events, our obligations will be suspended to the extent affected, and we will use reasonable efforts to resume performance as soon as practicable.
16. TERMINATION
16.1 Termination by You
You may terminate your account at any time by:
- Cancelling your subscription through account settings
- Contacting us at hq@visibilitystack.ai
- Following the cancellation procedures outlined in your subscription plan
16.2 Termination by Us
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
We may suspend or terminate your account immediately for:
- Material breach of these Terms that remains uncured for 30 days after notice
- Non-payment of fees after reasonable notice and opportunity to cure
- Violation of our Acceptable Use Policy or applicable laws
- Fraudulent, abusive, or harmful conduct
- Poses security risks to our Service or other users
Upon termination, your right to use the Service will cease immediately.
16.3 Effect of Termination
Upon termination:
- Your access to the Service will be immediately suspended
- All AI Agents associated with your account will be deactivated
- Your Customer Data will be deleted within 90 days (except as required by law)
- No refunds will be provided for prepaid but unused subscription periods
- All payment obligations for services used prior to termination remain due
16.4 Survival
The following provisions survive termination: intellectual property rights, payment obligations, limitation of liability, indemnification, and dispute resolution.
17. DISPUTE RESOLUTION
17.1 Governing Law
These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles.
17.2 Jurisdiction and Venue
Any disputes arising under these Terms shall be resolved in the state or federal courts located in Sheridan County, Wyoming. You consent to the personal jurisdiction of such courts.
Before initiating formal legal proceedings, you agree to attempt informal resolution by contacting us at hq@visibilitystack.ai with a detailed description of the dispute. We will work in good faith to resolve disputes amicably.
17.4 For European Union (EU) Users
If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.
17.5 United States Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
17.6 Limitation Period
Any claims against us must be brought within one (1) year after the cause of action accrues, or such claim will be permanently barred.
18. GENERAL PROVISIONS
18.1 Entire Agreement
These Terms, together with our Privacy Policy and any subscription agreement you execute, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.
18.2 Modifications to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
We may modify these Terms at any time by:
- Posting updated Terms on our website with a revised "Last Updated" date
- Providing email notice of material changes to registered users
- Requiring acceptance of new Terms before continued Service use
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Your continued use of the Service after modifications constitutes acceptance of the updated Terms.
18.3 Severability
If any provision of these Terms is found 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.
18.4 Assignment
You may not assign or transfer your rights under these Terms without our written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.
18.5 Waiver
Except as provided herein, our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision, and the failure to exercise a right or to require performance of an obligation under these Terms shall not affect 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.
18.6 Relationship of Parties
These Terms do not create any partnership, joint venture, agency, or employment relationship between you and us. You are an independent contractor using our Service.
18.7 Electronic Communications
You consent to receive communications from us electronically, including through email, in-app notifications, and website postings. Electronic communications satisfy any legal requirement for written communications.
18.8 Export Controls
The Service may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export and import laws and will not export or re-export the Service to prohibited countries or persons.
18.9 Language and Translation
These Terms are written in English. Any translations are provided for convenience only, and the English version shall control in case of conflicts. If we have made these Terms available to you in other languages on our Service, you agree that the original English text shall prevail in the case of a dispute.
For questions about these Terms of Service, please contact us:
FirstPrinciples Growth Advisory, LLC
1309 Coffeen Avenue STE 1200
Sheridan, Wyoming 82801
United States
Email: hq@visibilitystack.ai
Phone: +1 (646) 569-9629
By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
