Terms of Service

Last Updated: October 1, 2026

These Terms of Service have two parts. Part A is the master agreement for every service bought from VisibilityStack under a signed Order Form, including our Guaranteed Outcomes programs. Part B governs use of our website and platform. Part A supersedes and controls over anything in Part B that conflicts with it, including Part B's no-refund policy, pricing changes, changes to these Terms and its entire-agreement wording.

PART A: GUARANTEED OUTCOMES SERVICES

Version of October 1, 2026. Part A applies to every Order Form signed between FirstPrinciples Growth Advisory LLC, a Wyoming limited liability company doing business as VisibilityStack, with its registered address at 1309 Coffeen Avenue, Suite 1200, Sheridan, WY 82801 ("VisibilityStack", "we", "us"), and the client named in that Order Form ("Client", "you"). In Part A, "these Terms" means Part A.

A1. Order Forms

A1.1 An Order Form signed by both parties, together with these Terms, is the agreement for the services it describes (the "Agreement" and the "Services").

A1.2 The Order Form controls its own scope, fees, dates, term, guarantee and remedy, and any term it states as specific to that order. These Terms control everything else. An Order Form changes another section of these Terms only by naming it.

A1.3 The version of these Terms in force on the date an Order Form is signed governs that Order Form for its whole life. A later version applies only to Order Forms signed after it is published.

A1.4 Changes: changes to scope that do not affect price or effort may be agreed by email. Changes that affect price or effort require a written amendment signed by both parties.

A1.5 Not included: services not listed in the Order Form are excluded and available only under a separate written agreement. Without limitation this includes website redesign or rebuild, any program other than the one named in the Order Form, pages or tracking on any domain other than the one named in the Order Form, paid advertising, and outbound sales or lead follow-up on Client's behalf.

A2. Term

A2.1 Onboarding begins on signature.

A2.2 Program Start Date: the date stated in the Order Form. The Guarantee Period, the rollout and the monthly deliverable counts run from the Program Start Date.

A2.3 Initial Term: the number of consecutive monthly billing cycles stated in the Order Form, beginning on the Program Start Date. The Initial Term is a firm commitment and may not be terminated by either party except under Section A11.1.

A2.4 Renewal: after the Initial Term, the Agreement renews automatically for successive one-month periods until either party gives at least 30 days' written notice of non-renewal. It then ends on the last day of the billing cycle in which those 30 days run out.

A3. Fees and Payment

A3.1 Fee: the Monthly Fee stated in the Order Form.

A3.2 Subscription billing: the Monthly Fee is charged in advance, automatically, to the credit card or bank account Client places on file, and Client authorizes VisibilityStack to charge that payment method for every amount due under the Agreement. The first Monthly Fee is charged as the Order Form states. Each later Monthly Fee is charged on the billing day stated in the Order Form.

A3.3 Failed payments: if a charge fails, VisibilityStack will retry and notify Client. If payment has not cleared within 7 days of the due date, VisibilityStack may pause the Services and the Guarantee Period until it clears. Overdue amounts accrue interest at 1.5% per month, or the highest rate the law allows if that is lower.

A3.4 Annual increase: the Monthly Fee is fixed for the first 12 months from the Program Start Date. It then increases by 7% once every 12 months. VisibilityStack will remind Client in writing 30 days before each increase.

A3.5 Fees are in US dollars and exclude taxes. Client is responsible for any sales, use or similar tax that applies.

A3.6 The Monthly Fee continues during any pause of the Services or the Guarantee Period.

A4. Guarantee

A4.1 Commitment: the guarantee, the period it runs over (the "Guarantee Period") and its remedy are stated in the Order Form (the "Guarantee").

A4.2 Measurement basis: within 14 days of the Program Start Date, the parties will agree in writing the prompts the Guarantee is measured against (the "Target Prompt List") and, where the Guarantee includes sources, the sources it is measured against (the "Target Sources"), together the "Guarantee Set". The Guarantee Set is the sole basis for measuring the Guarantee.

A4.3 What counts:

  • (a) The Guarantee is measured on responses from ChatGPT, Google AI Overviews or Perplexity, or their successor products.
  • (b) A citation means the engine cites Client or Client's domain as a source, by name or by link, in the answer text or in its sources list. Being quoted is not required.
  • (c) Each engine is queried on its current generally available model, or the release immediately before it, as available on VisibilityStack's platform at the time of the check, from the country named in the Order Form, or the United States if none is named, in English, without a signed-in account, in the engine's default mode.
  • (d) Client is on a Target Source when that source publishes a live listing, profile, page or mention of Client.
  • (e) VisibilityStack checks every item in the Guarantee Set with its platform every 14 days and reports the results of each check to Client.
  • (f) An item that meets the target in any check during the Guarantee Period or the Remedy Period counts.

A4.4 Verification and re-check:

  • (a) Client may verify any item in the Guarantee Set at any time, including through an independent AI visibility platform of its choosing.
  • (b) If Client's result is inconsistent with VisibilityStack's report, Client notifies VisibilityStack in writing within 10 business days of that report, naming the item, the engine and the report date.
  • (c) The parties re-check that item within 5 business days of the notice.
  • (d) A re-check means running the item three times on the named engine on the same day through VisibilityStack's platform, with Client free to observe and the results shared with both parties.
  • (e) If any one of the three responses meets the target, the item counts. If none does, it does not, and VisibilityStack corrects its record.
  • (f) A re-check is final and replaces only the disputed result. A credit earned in any other check stands. The Guarantee is counted on VisibilityStack's check results, as corrected by re-checks, and nothing else.

A4.5 Remedy: if the Guarantee is not met by the end of the Guarantee Period, Client receives the remedy stated in the Order Form. Where that remedy is continued Services with the Monthly Fee waived (the "Remedy Period"), the Agreement continues through the Remedy Period even if it runs past the Initial Term, a notice of non-renewal does not take effect before it ends, and the Monthly Fee resumes on the day it ends, prorated to the next billing day. The remedy stated in the Order Form is Client's sole and exclusive remedy for any shortfall under the Guarantee.

A4.6 Conditions: the Guarantee is conditional on Client meeting its obligations in Section A5. Any day on which Client is late on an approval, access or material listed in Section A5 pauses the Guarantee Period for that day.

A5. Client Responsibilities

A5.1 Approve the Brand DNA and the Guarantee Set in writing within 5 business days of delivery. Neither is approved until Client approves it in writing. Any approval not given within that window pauses the Guarantee Period day for day until it is given.

A5.2 Review before first publish: review each batch of new Deliverables within 3 business days of delivery. No Deliverable containing claims about product performance, specifications, certifications, warranties, customer results or pricing is published without Client's written approval. For other content, a rejection names the Deliverables and states the reason; VisibilityStack revises the named Deliverables and redelivers them under this Section. A reasonable rejection for a factual, technical, brand, legal, regulatory or safety reason does not pause the Guarantee Period. Any approval not given within 3 business days of delivery pauses the Guarantee Period day for day until it is given.

A5.3 Reoptimization after publish: once a Deliverable is published, VisibilityStack may revise, refresh or rebuild it without further review, provided the revision makes no new claim of the kind listed in A5.2 and stays within the approved Brand DNA. Each revision is logged and reported, and Client may reject any revision within 3 business days of the report for the reasons in A5.2, in which case VisibilityStack restores or corrects it.

A5.4 Standing approval: Client may at any time, in writing, approve Deliverables for publication without review, for all content or for named categories. VisibilityStack then publishes on delivery. Standing approval may be withdrawn in writing with effect from the next batch. Section A7.3 applies to everything published under it.

A5.5 Within 14 days of the Program Start Date, provide the access VisibilityStack needs to publish and manage Deliverables on Client's domain, including a one-time DNS or Cloudflare configuration where pages are published in a managed subfolder, and CMS or hosting access where changes are made to existing pages, and keep that access in place for the term of the Agreement. VisibilityStack will supply written instructions or complete it live with Client's team. If the access is removed or disabled, the Services and the Guarantee Period pause until it is restored.

A5.6 Within 5 business days of the Program Start Date, provide the brand materials, product information and reference material VisibilityStack requests at onboarding, and warrant that they are accurate and that Client has the right to provide them. Days past that window pause the Guarantee Period day for day.

A5.7 Name at least one representative for delivery and one for billing in the Order Form. The same person may hold both.

A5.8 During the Guarantee Period and any Remedy Period, Client will not edit, remove, redirect, noindex or block a Deliverable or any managed subfolder in order to impair measurement of the Guarantee. Client may change or remove any Deliverable at any time for a factual, technical, legal, regulatory, safety, security, customer or brand reason. Such a change does not end the Remedy Period; where it materially affects an item in the Guarantee Set, the parties adjust the measurement of that item in good faith.

A6. Ownership

A6.1 Client owns the Deliverables. On payment of the fees for the period in which they are delivered, or on delivery during a Remedy Period, all pages, copy, images and site changes VisibilityStack creates for Client under the Agreement (the "Deliverables") are Client's property. Deliverables exclude VisibilityStack's templates, schema code, software and tools, which Client may keep using as part of the Deliverables under a perpetual, non-exclusive license. Client may export the Deliverables at any time.

A6.2 VisibilityStack keeps its platform. VisibilityStack retains all rights in its software, prompt research methods, measurement tools, templates, know-how, and any data that is not specific to Client.

A6.3 Brand license: Client grants VisibilityStack a license to use Client's name, logo, product information and materials solely to perform the Services during the term.

A7. AI-Generated Content and Third-Party Engines

A7.1 Deliverables are produced with the assistance of AI tools and reviewed by a VisibilityStack expert before delivery. Client's approval under Section A5.2 is acceptance of a Deliverable.

A7.2 VisibilityStack does not control ChatGPT, Google, Perplexity, Gemini, Claude or any other AI engine, nor any third-party site, directory or review platform. They change how they select, cite and display sources without notice. Except for the Guarantee, VisibilityStack makes no promise about rankings, citations, accuracy on third-party platforms, traffic, leads, conversions or revenue.

A7.3 Client is responsible for the accuracy of facts it supplies, and its approval of a Deliverable confirms the statements in it about Client's products, performance, certifications and pricing. VisibilityStack will not knowingly publish false or misleading claims and will correct any factual error in a Deliverable promptly on notice.

A8. Confidentiality

A8.1 Each party will keep the other's non-public business, technical and financial information confidential, use it only for the Agreement, and protect it with reasonable care, for the term and two years after.

A8.2 This does not cover information that is public through no fault of the receiving party, already known to it, independently developed, or received from a third party without restriction. Disclosure required by law is permitted with prompt notice where lawful.

A8.3 VisibilityStack will not publish Client material that Client marked confidential in writing before the Deliverable was delivered. Client's approval of a Deliverable is consent to publish everything in it.

A9. Visitor Data

A9.1 Where the Services include visitor identification, VisibilityStack provides reports that attempt to identify the companies, and where available the individuals, visiting the Deliverables, using third-party data sources. Client acknowledges that this identification is not always accurate, is often company-level only, and is unavailable in some countries.

A9.2 Visitor data is provided as is. Client is responsible for its use of visitor data after receipt. VisibilityStack warrants that its collection, identification, transfer and processing of visitor data in providing the Services complies in all material respects with applicable privacy and data-protection laws and with the terms of its third-party data sources. This warranty is subject to Section A13.2.

A9.3 The parties will cooperate to put in place any privacy notice or consent the law requires for visitor identification on Client's domain before Deliverables go live. VisibilityStack will provide the disclosures, technical information and suggested wording reasonably needed and, on request, will sign a data processing agreement. VisibilityStack processes visitor data only as Client's service provider to perform the Services and does not sell it.

A10. Publicity

VisibilityStack may name Client as a client and display its logo. VisibilityStack may publish a case study describing the results of the Services with Client's prior written approval of the content, which Client may refuse only for a stated reason.

A11. Termination

A11.1 Breach: either party may terminate on written notice if the other materially breaches the Agreement and fails to cure within 15 days of notice. Non-payment is a material breach.

A11.2 Effect: if Client fails to cure non-payment under Section A11.1 or tries to end the Agreement during the Initial Term, the unpaid Monthly Fees for the Initial Term become due at once. They are the agreed price of the firm commitment in Section A2.3. VisibilityStack may then stop the Services. On any termination the Services stop, Client keeps the Deliverables it owns under Section A6.1, VisibilityStack will supply an export of them on request, and VisibilityStack may stop serving any managed subfolder 30 days after termination. Sections A3 (for amounts accrued), A6 to A10, A12, A13 and A14 survive, together with any Order Form term stated to survive.

A12. Warranties and Disclaimer

A12.1 Each party warrants it has authority to enter the Agreement. VisibilityStack warrants it will perform the Services in a professional manner consistent with industry standards.

A12.2 Except as stated in the Agreement, the Services and Deliverables are provided as is, and all other warranties, express or implied, including merchantability and fitness for a particular purpose, are disclaimed.

A13. Liability

A13.1 Neither party is liable to the other for indirect, incidental, consequential or special damages, or for lost profits or revenue, however arising.

A13.2 Each party's total liability under the Agreement is capped at the fees paid by Client in the 12 months before the claim arose.

A13.3 These limits do not apply to a party's breach of Section A8, to Client's payment obligations, or to either party's indemnity under Section A13.4.

A13.4 Indemnities: VisibilityStack will defend and indemnify Client against third-party claims that a Deliverable, excluding Client-supplied material, infringes a third party's intellectual property. Client will defend and indemnify VisibilityStack against third-party claims arising from material Client supplies, statements Client confirms under Section A7.3, Client's use of visitor data, or a missing notice or consent under Section A9.3.

A13.5 The indemnified party gives prompt notice of a claim, lets the indemnifying party control the defense and settlement, and cooperates at the indemnifying party's cost. No settlement may admit fault on the other party's behalf without its consent.

A14. General

A14.1 Independent contractor: VisibilityStack is an independent contractor. Nothing creates a partnership, joint venture or employment relationship.

A14.2 Assignment: neither party may assign the Agreement without the other's written consent, except to a successor in a merger or sale of substantially all its assets.

A14.3 Notices: by email to the representatives in the Order Form, effective on the business day sent. "In writing" includes such an email. Either party may change its representatives by notice.

A14.4 Force majeure: neither party is liable for delay caused by events beyond its reasonable control, excluding payment obligations.

A14.5 Governing law and venue: the Agreement is governed by the laws of the State of Wyoming, without regard to conflict-of-law rules. Any dispute will be brought in the courts located in the defendant's principal place of business, and each party consents to that jurisdiction. The prevailing party in any dispute recovers its reasonable attorneys' fees and costs.

A14.6 Entire agreement: for the Services, the signed Order Form and these Terms are the entire agreement between the parties on their subject and replace every prior discussion and communication. Where anything in Part B conflicts with Part A or a signed Order Form, Part A and the Order Form control. The Agreement may be amended only in a writing signed by both parties, except as Section A1.4 allows.

A14.7 Severability and waiver: if any provision is unenforceable, the rest remains in effect. A party's failure to enforce a provision is not a waiver.

A14.8 Signatures: the Order Form may be signed electronically and in counterparts, each of which is an original.

PART B: WEBSITE AND PLATFORM TERMS

Part B governs your access to and use of the VisibilityStack website and platform, and is subject to Part A for any services bought under an Order Form.

These Terms of Service ("Terms") govern your access to and use of the VisibilityStack 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 VisibilityStack, 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

2.1 AI Visibility Optimization Platform

VisibilityStack 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 [email protected] 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 VisibilityStack 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.

11.3 Performance Disclaimers

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 [email protected]
  • 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.

17.3 Informal Resolution

Before initiating formal legal proceedings, you agree to attempt informal resolution by contacting us at [email protected] 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.

19. CONTACT INFORMATION

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: [email protected]
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.