Acceptance of these terms
These Terms of Service (the Terms) are a binding agreement between you (the Customer, you) and SearchDaddy, Inc. (the Company, we, us) governing your access to and use of our websites, applications, dashboards, audits, and related professional services (together, the Service).
Operating entitySearchDaddy, Inc. is currently operated as a sole proprietorship pending incorporation. References to "the Company" mean that operator until a corporate entity is formed, at which point these Terms will be assigned to and assumed by [SearchDaddy, Inc., Inc., a ___ corporation] and this notice will be removed.
By creating an account, requesting an audit, clicking "I agree," or otherwise using the Service, you accept these Terms. If you are entering into these Terms on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" refers to that organization. If you do not agree, do not use the Service.
Definitions
- AI Engine — a third-party generative AI or answer system we query on your behalf, such as ChatGPT, Claude, Gemini, Perplexity, or Google AI Overviews.
- AI Share of Voice™ (SoV) — our proprietary metric estimating how often AI Engines recommend a business relative to its competitors for a defined set of prompts.
- Customer Data — information you submit to the Service or that we collect on your behalf, including business details, prompts, competitor lists, and audit inputs.
- Done-for-You Services — the professional remediation work we perform to improve your AI visibility (the "fix" engagements).
- Subscription — a paid plan giving you access to the Service for a recurring term.
The service
SearchDaddy, Inc. measures and helps improve how AI Engines describe and recommend your business. The Service may include automated monitoring, the SoV metric and supporting diagnostics, audit reports, competitor analysis, and Done-for-You Services. Features vary by plan and evolve over time. We may add, change, or remove features, provided we do not materially reduce the core functionality of a paid plan during a term you have already paid for.
Eligibility & accounts
You must be at least 18 and able to form a binding contract. You are responsible for the accuracy of your account information, for keeping your credentials secure, and for all activity under your account. Notify us promptly of any unauthorized use. You may not share access in a way that circumvents plan limits.
Free audits & trials
We may offer a free initial audit or trial. Free offerings are provided "as is," may be limited in scope, and may be modified or withdrawn at any time. We may require business and contact details to run an audit. Running an audit does not create a Subscription and does not obligate you to purchase.
Subscriptions, fees & billing
Fees and payment
Paid plans are billed in advance on the cadence shown at purchase (for example, monthly or annually). Payments are processed by our payment processor, Stripe; by subscribing, you authorize recurring charges to your payment method. Fees are stated exclusive of taxes, and you are responsible for applicable taxes other than taxes on our income.
Renewal and cancellation
Subscriptions renew automatically for successive terms unless cancelled before the renewal date. You may cancel at any time; cancellation takes effect at the end of the current paid term, and you retain access until then. Done-for-You Services are billed as described in the applicable order or statement of work.
Refunds and price changes
Except where required by law or expressly stated, fees are non-refundable and we do not provide refunds or credits for partial periods. We may change pricing for future terms with at least 30 days' notice before your renewal; continued use after a price change takes effect constitutes acceptance.
Your data & content
As between you and us, you own your Customer Data. You grant us a worldwide, non-exclusive license to host, process, transmit, display, and analyze Customer Data solely to provide, secure, and improve the Service and to perform Done-for-You Services you request. Our handling of personal information is described in our Privacy Policy, and where we process personal data on your behalf, in our Data Processing Addendum.
You represent that you have the rights necessary to submit your Customer Data and that our authorized use of it will not violate any law or third-party right.
Acceptable use
You agree not to, and not to permit others to:
- use the Service to violate any law or third-party right, including intellectual property, privacy, or publicity rights;
- submit data you are not authorized to share, or that is unlawful, deceptive, or harmful;
- probe, scrape, overload, reverse engineer, or interfere with the Service or its security;
- resell, sublicense, or provide the Service to third parties except as expressly permitted;
- use the Service to generate or distribute spam, malware, or deceptive content; or
- misrepresent the SoV metric or any diagnostic as a guarantee, certification, or endorsement by any AI Engine.
We may suspend access to protect the Service, our users, or third parties, or to investigate suspected violations.
Third-party AI engines
The Service queries independent AI Engines that we do not own or control. To provide the Service, we may transmit prompts and limited business information to those engines and their providers. Their outputs are generated by their models, change frequently, and may be inaccurate, inconsistent, or biased. We do not endorse, and are not responsible for, the content any AI Engine produces. Your use of the Service must comply with the applicable usage policies of those engines, and we may adjust the Service to remain compliant with them.
No guarantee of results
ImportantAI visibility depends on factors outside our control, including the behavior of third-party AI Engines, your market, and competitor activity. We do not warrant or guarantee any specific Share of Voice, ranking, recommendation, citation, traffic, lead, or revenue outcome.
The SoV metric and our diagnostics are estimates and analytical tools, not assurances of performance. Past or sample results do not predict future results. Done-for-You Services are performed on a commercially reasonable, best-efforts basis.
Intellectual property
The Service, including its software, content, methodologies, scoring models, and the marks SearchDaddy, Inc. and AI Share of Voice™, is owned by the Company or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your term, subject to these Terms. No other rights are granted.
Certain materials we publish separately under open-source terms (for example, the CORD-AEO protocol) are governed by their own licenses and not by these Terms. If you submit feedback or suggestions, you grant us a perpetual, royalty-free license to use them without restriction or obligation to you.
Confidentiality
Each party may access non-public information of the other. The receiving party will use such information only to perform under these Terms and will protect it with at least reasonable care. Confidentiality does not apply to information that is public through no fault of the receiving party, independently developed, or rightfully obtained from a third party. We may disclose information if required by law, giving notice where lawful.
Term & termination
These Terms apply while you use the Service. You may stop using the Service and cancel at any time. We may suspend or terminate your access for material breach (including non-payment) that is not cured within a reasonable period after notice, or immediately for conduct that risks harm to the Service or others. On termination, your right to use the Service ends. We will make Customer Data available for export for a limited period and then delete or de-identify it consistent with our retention practices and the DPA. Sections that by their nature should survive (including IP, disclaimers, liability limits, indemnity, and governing law) survive termination.
Disclaimer of warranties
The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any result, metric, or output will be accurate or achieve any objective. Some jurisdictions do not allow certain disclaimers, so some of these may not apply to you.
Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Service or these Terms, even if advised of the possibility.
The Company's total aggregate liability arising out of or relating to the Service or these Terms will not exceed the amounts you paid to the Company for the Service in the 12 months immediately preceding the event giving rise to the claim. These limits apply regardless of the theory of liability and form an essential basis of the bargain.
Indemnification
You will defend, indemnify, and hold harmless the Company and its operator, personnel, and contractors from third-party claims, damages, and reasonable costs arising out of your Customer Data, your use of the Service in violation of these Terms or applicable law, or your infringement of a third party's rights. We will provide prompt notice of any claim and reasonable cooperation; you will not settle any claim that imposes obligations on us without our consent.
Governing law & disputes
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. The exclusive venue for any dispute that is not subject to arbitration will be the state and federal courts located in Orange County, California, and each party consents to that jurisdiction.
The parties will first attempt to resolve any dispute informally by contacting each other. [Optional, pending your decision and counsel review: any unresolved dispute will be resolved by binding arbitration on an individual basis, and the parties waive any right to a jury trial or class action.]
Changes
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or in-product notice) before they take effect. Changes apply prospectively; your continued use after the effective date constitutes acceptance. We will keep the version and effective date current at the top of this page.
General
These Terms, together with the Privacy Policy, DPA, and any order or statement of work, are the entire agreement between the parties regarding the Service and supersede prior agreements on the subject. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or successor, including upon incorporation or in connection with a merger or sale. Neither party is liable for delays caused by events beyond its reasonable control. Notices to you may be given through the Service or to your account email.
Contact
Questions about these Terms: legal@searchdaddy.com.