Terms of Service

1. Acceptance of Terms

By accessing or using the AI Visibility service ("Service") operated by Nyman Media ("we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

We reserve the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Description of Service

The AI Visibility provides analysis and recommendations regarding how websites may be perceived by AI systems and search engines. The Service includes:

• Website audits and analysis
• AI visibility snapshot scoring and metrics
• Recommendations and action plans
• AI sentiment analysis

3. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from the Service will be accurate, reliable, or complete
• Any recommendations will achieve specific outcomes or improvements
• The Service will meet your specific requirements or expectations
• Any analysis reflects how AI systems will actually process or rank your content
• The Service will be available at any particular time, or for any particular duration
• Performance, response time, throughput, processing time, or quota allocations will meet any benchmark
• Stored data, audit history, or any other user content will be retained, backed up, recoverable, or available indefinitely

NO SERVICE-LEVEL AGREEMENT (SLA). We do not offer and are not bound by any service-level agreement, uptime commitment, response-time commitment, or availability commitment, regardless of subscription tier (including Premium and Partner). Quoted daily or monthly quotas are best-effort allocations, not guarantees, and may be reduced, throttled, suspended, or revoked at any time.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NYMAN MEDIA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or goodwill
• Decreased website traffic, rankings, or visibility
• Negative impacts on search engine optimization or AI discoverability
• Any damages arising from actions taken based on our recommendations
• Any damages arising from reliance on the Service's analysis or scores
• Business interruption or any other commercial damages or losses

THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.

5. No Guarantee of Results

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• Recommendations are advisory only. Any recommendations, action plans, or suggestions provided by the Service are for informational purposes only and do not guarantee any specific outcome.
• AI systems are unpredictable. The behavior of AI systems, search engines, and large language models is constantly evolving and outside our control. We cannot predict or guarantee how any AI system will process, rank, or represent your content.
• Implementation is at your own risk. Any changes you make to your website or content based on our recommendations are made entirely at your own risk and discretion.
• Results may vary. The effectiveness of any recommendations depends on numerous factors beyond our control, including but not limited to your industry, competition, content quality, technical implementation, and changes to AI algorithms.
• No professional advice. The Service does not constitute professional SEO, marketing, legal, or business advice. You should consult appropriate professionals before making significant business decisions.

6. Indemnification

You agree to indemnify, defend, and hold harmless Nyman Media, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Any actions taken based on recommendations from the Service
• Any content you submit to the Service

7. User Accounts

To access certain features, you may need to create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

8. Subscription and Payment

Premium features require a paid subscription. By subscribing, you agree to:

• Pay all applicable fees as described at the time of purchase
• Automatic renewal unless cancelled before the renewal date
• Provide accurate billing information

8.1 Refund Policy

We offer a 14-day money-back guarantee on Premium subscriptions. If you are not satisfied with the Service within 14 days of your initial subscription, contact us at support@nyman.media for a full refund. After the 14-day period, subscription fees are non-refundable.

8.2 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused portions of a billing period.

9. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to the Service or its systems
• Interfere with or disrupt the Service or servers
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems to access the Service beyond normal usage
• Resell or redistribute the Service without authorization
• Submit malicious URLs or content designed to harm the Service
• Circumvent any usage limits or access controls

10. Intellectual Property

The Service, including its design, features, content, and underlying technology, is owned by Nyman Media and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

You retain ownership of any content you submit to the Service. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and analyze that content solely for the purpose of providing the Service.

11. Third-Party Services

The Service may integrate with or rely on third-party services (including AI providers, payment processors, and analytics tools). We are not responsible for the availability, accuracy, or conduct of any third-party services.

12. Service Availability

The Service is provided on an “as available” basis only. We do not guarantee uninterrupted access, any minimum uptime, any minimum performance level, or any data preservation. We may rate-limit, throttle, modify, suspend, restrict, degrade, or discontinue the Service (or any feature, endpoint, quota, account, or dataset) at any time, with or without notice and with or without cause. We shall not be liable for any such action, nor for any loss of data, access, or business opportunity that results.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Nyman Media is incorporated, without regard to conflict of law principles.

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of a recognized arbitration body, except where prohibited by law. You waive any right to participate in class action lawsuits or class-wide arbitration.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nyman Media regarding the Service and supersede all prior agreements and understandings.

16. Contact

For questions about these Terms, please contact us at:

Email: legal@nyman.media