1. Agreement to Terms and Definitions
These Terms of Service ("Terms") are entered into by and between Visibility Zone LLC, a New Mexico limited liability company ("Visibility Zone," "we," "us," or "our"), and the individual or organization accepting these Terms ("Customer," "you," or "your").
By accessing or using the Visibility Zone API, platform, website, or professional services (collectively, the "Services"), you agree to be bound by these Terms. If you are an individual accepting on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If your organization has a signed Order Form or enterprise agreement, the terms in that document take precedence where they conflict with these Terms.
Definitions. "Customer Content" means any text, images, audio, video, or data you submit to the Services. "Output" means the analysis results, insights, rankings, or recommendations that the Services generate based on Customer Content or public data. "Documentation" means the technical and user documentation available at /docs/. "Order Form" means any signed agreement or order specifying fees, scope, or service levels. "Services" means the API endpoint, subscription platform, professional services, and related tools and features.
2. The Services
Visibility Zone provides:
- API. A REST endpoint at
POST /v1/analyzethat performs multimodal analysis of images, audio, text, and combined content, billed per API call according to your Order Form or account tier. - Subscription Platform. A web-based platform that monitors and reports how AI assistants (including but not limited to ChatGPT, Google Gemini, Perplexity, and Google AI Overview) answer questions and provide recommendations related to your brand or products, and that tracks app-store reviews, SEO rankings, local search signals, Google Business Profile information, reputation and brand mentions, and marketplace pricing and visibility.
- Professional Services. Optional consulting, integration, training, or data analysis services, as detailed in a separate statement of work or Order Form.
The Services are provided subject to these Terms, your Order Form (if any), and the Documentation. We may update the Documentation at any time.
3. Accounts, API Keys, and Security
You are responsible for maintaining the confidentiality of your account credentials and API keys. You may not share, disclose, or permit unauthorized access to your API keys or account. All activity under your account or keys is your responsibility, and you are liable for any misuse.
If you discover or suspect unauthorized access, you must notify us immediately at [email protected]. We may invalidate compromised keys or suspend your account pending investigation.
You must not use the Services in a manner that could impair or degrade the security, availability, or performance of the Services or our infrastructure.
4. Acceptable Use
You agree to comply with the Acceptable Use Policy, which is incorporated by reference into these Terms. The Acceptable Use Policy prohibits illegal activity, biometric identification or face recognition without lawful basis and documented consent, covert surveillance, emotion inference for protected decision-making, scraping or analysing content you do not have rights to, deanonymization, unlawful discrimination, and other misuses.
Violation of the Acceptable Use Policy may result in immediate suspension or termination of your account.
5. Customer Content and Licence
You retain all ownership rights in Customer Content. By submitting Customer Content to the Services, you grant Visibility Zone a limited, worldwide, royalty-free licence solely to process, analyse, and display that content for the purpose of providing the Services to you and your authorized users.
Model Training. Customer Content is not used to train general-purpose machine learning models or AI systems without your prior written permission. Any such use beyond providing the Services requires a separate written agreement.
Warranty of Rights. You warrant that: (a) you own or have the right to submit all Customer Content; (b) any third-party materials, images, audio, or text are either in the public domain, properly licensed to you, or included with appropriate consent; and (c) Customer Content does not infringe any third party's intellectual property rights and does not contain personal data of identifiable individuals without their consent (or as otherwise lawfully required).
6. Output and Analysis Results
Visibility Zone makes no guarantee regarding the accuracy, completeness, or reliability of any Output. You acknowledge that Output is generated algorithmically and may contain errors, omissions, or inaccuracies.
Not Professional or Legal Advice. Output is provided for informational purposes only and is not professional, legal, financial, medical, or business advice. You must not rely on Output as the sole basis for decisions affecting individuals' legal rights, employment status, insurance eligibility, access to credit, or other protected matters.
Visibility Outcomes Not Guaranteed. The Services monitor and report data about how brands appear in AI assistant responses, search rankings, marketplace pricing, and reputation signals. We make no warranty that your brand will appear in any AI response, achieve any search ranking, maintain any visibility position, or achieve any specific outcome. Appearance and ranking in third-party AI systems and search engines are beyond our control.
Where Output is generated from Customer Content you provide, you hold the exclusive right to use that Output. Where Output is generated from public data, that Output is provided under these Terms.
7. Fees and Billing
Metering and Payment. The API is billed based on call volume; the subscription platform is billed on a recurring subscription basis, as specified in your Order Form or account settings. We meter all usage and will invoice you monthly or according to your Order Form terms.
Invoices and Late Payment. Invoices are due net 30 days from the invoice date, unless your Order Form specifies different terms. If payment is not received within 30 days, we may charge interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law, and we may suspend your account until payment is made in full.
Taxes. All fees are exclusive of taxes. You are responsible for any applicable sales, use, VAT, GST, or other taxes, unless you provide a valid tax exemption certificate.
No Refunds. Fees are non-refundable except as required by law. If you wish to dispute a charge, you must notify us within 30 days of the invoice date.
Price Changes. We may increase fees with 30 days' written notice. Your continued use of the Services after the notice period constitutes acceptance.
8. Free Trials and Beta Features
We may offer free trials, pilot programmes, or beta features at no charge. These are provided on an "as is" basis without any warranty or support obligation. We may modify, limit, or discontinue free trials and beta features at any time without notice or liability. Beta features are not production-ready and may not be stable or complete.
9. Service Levels and Modifications
Service levels, uptime commitments, and support response times, if any, are detailed in your Order Form or in a separate service level agreement. If your Order Form does not specify service levels, no uptime guarantee is provided.
We may modify or deprecate API features, endpoints, or platform functionality with reasonable advance notice (at least 30 days) for breaking changes. Continued use after the notice period constitutes acceptance of the changes.
10. Third-Party Services and Data Sources
The Services depend on publicly available data, third-party APIs, and third-party AI systems (including ChatGPT, Google Gemini, Perplexity, Google AI Overview, and search engines) that we do not operate or control. The availability, accuracy, and terms of service of these third-party systems may change at any time. We are not responsible for delays, outages, or changes in third-party services.
When monitoring how AI assistants and search engines answer questions on your behalf, we retrieve and observe publicly available information. The policies and results of these third-party systems are their responsibility, not ours.
11. Confidentiality
Each party agrees to maintain the confidentiality of the other party's non-public information, including technical details, code, and business information, and to use such information only for the purpose of performing these Terms. This obligation does not apply to information that: (a) is or becomes publicly available through no breach; (b) is rightfully received from a third party without a confidentiality obligation; (c) was independently developed; or (d) must be disclosed by law or court order, provided the disclosing party gives prompt notice to allow the other party to seek protective measures.
12. Intellectual Property
You retain all rights in Customer Content. Visibility Zone retains all right, title, and interest in the Services, including all code, algorithms, databases, documentation, designs, and methodologies, and in any Output generated from public data (as opposed to Customer Content).
Any feedback, suggestions, or improvement ideas you provide are voluntary and may be used by Visibility Zone in any way without obligation or compensation.
13. Term, Suspension, and Termination
Term. These Terms commence on the date of acceptance and continue until terminated. If you have an Order Form, the subscription or usage period is specified there.
Suspension. We may immediately suspend your account if: (a) you violate the Acceptable Use Policy or these Terms; (b) there is a security risk or evidence of unauthorized access; (c) you pose a legal or operational risk; or (d) we are required to do so by law. We will provide notice where feasible.
Termination. Either party may terminate these Terms for convenience on 30 days' written notice. Either party may terminate immediately if the other materially breaches and does not cure within 15 days of written notice. These Terms also terminate automatically if you cease operations or become insolvent.
Effect of Termination. Upon termination: (a) your account access is immediately revoked; (b) you remain liable for all usage charges through the termination date; (c) we will delete your Customer Content within 30 days unless you request extended storage, after which it will be permanently deleted; and (d) Sections 5, 6, 12, 14, 15, 16, 17, 18, and 20 survive.
14. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, VISIBILITY ZONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ANY DEFECTS WILL BE CORRECTED; (C) OUTPUT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR PURPOSES; (D) YOUR BRAND WILL APPEAR IN ANY AI ASSISTANT RESPONSE, SEARCH RESULT, MARKETPLACE LISTING, OR REVIEW; (E) YOU WILL ACHIEVE ANY VISIBILITY, RANKING, OR REVENUE OUTCOME; OR (F) THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VISIBILITY ZONE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL AGGREGATE LIABILITY OF VISIBILITY ZONE UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (US$100.00).
These limitations apply to all claims arising from these Terms, the Services, or any related matter, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, and regardless of whether Visibility Zone has been advised of the possibility of such damages.
16. Indemnification
Customer Indemnity. You agree to indemnify, defend, and hold harmless Visibility Zone from any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use or misuse of the Services; (b) any Customer Content you submit; (c) your violation of these Terms or the Acceptable Use Policy; or (d) infringement of a third party's rights caused by Customer Content.
Visibility Zone Indemnity. Visibility Zone agrees to indemnify, defend, and hold harmless you from any claim that the Services, as provided by Visibility Zone and not modified by you, infringe a third party's patent, copyright, or trade secret, provided that: (i) you promptly notify us of the claim; (ii) we have sole control of the defence and settlement; and (iii) you provide reasonable cooperation. If the Services are held to infringe, or in Visibility Zone's reasonable opinion are likely to be held to infringe, we may obtain the right for you to continue using the Services, modify the Services to be non-infringing, or terminate your use and refund any prepaid fees for the remainder of the term.
17. Data Protection
To the extent we process personal data on your behalf, we do so as a data processor. The Privacy Policy and Data Processing Addendum (DPA) govern such processing and are incorporated by reference. You are responsible for: (a) obtaining all necessary consents and providing all required notices for personal data you submit; and (b) complying with applicable data protection laws.
18. Export Control and Sanctions
The Services are subject to US export control regulations, including the Export Administration Regulations (EAR) and the Office of Foreign Assets Control (OFAC) restrictions. You agree not to: (a) access or use the Services if you are located in, organized under the laws of, or ordinarily resident in any country subject to US embargo or sanctions; (b) use the Services for any purpose prohibited by OFAC or the EAR, including for any end use prohibited by the EAR or by US sanctions programmes; or (c) knowingly permit access by any person or entity on any restricted-party list.
19. U.S. Government End Users
If the Services are used by or on behalf of the U.S. Government, the Services are "commercial computer software" or "commercial computer software documentation" as defined in the Federal Acquisition Regulation (FAR) at 48 CFR 12.212 and the Defense Federal Acquisition Regulation Supplement (DFARS) at 48 CFR 227.7202. The Services are licensed to the U.S. Government only with the rights granted to all other customers under these Terms.
20. Governing Law and Dispute Resolution
Governing Law. These Terms are governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Binding Arbitration. Except as set out below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) under its Comprehensive Arbitration Rules. The arbitration shall be conducted on an individual basis (not on a class or collective basis) in Bernalillo County, New Mexico, and shall be conducted in English. Each party shall bear its own costs and attorneys' fees, and arbitration fees shall be split equally unless the arbitrator orders otherwise.
Small Claims Carve-Out. You may bring claims in a small claims court in Bernalillo County, New Mexico, if the dispute qualifies.
Opt-Out Right. You may opt out of binding arbitration by sending a written notice to [email protected] with Attn: Legal within 30 days of first accepting these Terms. Your notice must include your name, address, email address, and a clear statement that you are opting out of binding arbitration. If you opt out, all other terms of these Terms apply, but the parties agree to resolve any dispute in the state or federal courts located in Bernalillo County, New Mexico, and you consent to the exclusive jurisdiction and venue of those courts.
Class Action Waiver. BY ACCEPTING THESE TERMS, EACH PARTY WAIVES THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
Jury Waiver. Each party waives the right to a jury trial.
21. General Provisions
Assignment. You may not assign these Terms without our prior written consent. Any attempt to assign without consent is void. We may assign these Terms to a successor or affiliate without notice.
Force Majeure. Neither party is liable for failure to perform under these Terms if the failure is caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, natural disaster, epidemic, or governmental action, provided that the affected party gives prompt notice and uses reasonable efforts to resume performance.
Notices. Notices required under these Terms may be sent to you at the email address associated with your account or by postal mail to your registered address. Notices to Visibility Zone must be sent to Visibility Zone LLC, Attn: Legal, 1209 Mountain Road PL NE, STE N, Albuquerque, NM 87110, United States, or by email to [email protected]. Notices are effective upon receipt.
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force, and the invalid provision is reformed to the minimum extent necessary to make it enforceable.
Waiver. No failure or delay in exercising any right constitutes a waiver of that right. Waiver of a breach does not constitute waiver of any subsequent breach.
Entire Agreement. These Terms, together with any Order Form and the Privacy Policy, constitute the entire agreement between the parties regarding the Services and supersede all prior negotiations, understandings, and agreements. In case of conflict, the order of precedence is: (1) any signed Order Form; (2) these Terms; (3) the Privacy Policy and Documentation. No course of dealing, usage of trade, or oral agreement modifies these Terms.
Changes to Terms. We may update these Terms at any time. Material changes will be communicated by email to the address associated with your account at least 30 days before the change takes effect. Your continued use of the Services after the notice period constitutes acceptance. If you do not accept, you may terminate these Terms under Section 13.
22. Contact Information
For questions, support, or inquiries regarding these Terms or the Services, please contact us at:
Visibility Zone LLC
1209 Mountain Road PL NE, STE N
Albuquerque, NM 87110
United States
[email protected]