Terms of Service

Last updated: October 2, 2026

1. Agreement

These Terms are a binding contract between you and Sam Miller, doing business as MentionAudit (“we”), and govern your use of the MentionAudit website, dashboard, and APIs (the “Service”). By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you use the Service for an organization, you confirm you have authority to bind it.

2. Accounts

You must be at least 16 and able to enter a contract. The Service is intended for business use.
You are responsible for your credentials and for all activity under your account, and will keep your registration details accurate.

3. Subscription billing

This section covers the recurring plans listed on our pricing page. One-time purchases are covered in section 4.

Prices and plan limits are shown on our pricing page and confirmed at checkout. Payments are processed by Stripe; we never store full card numbers.
Subscriptions renew automatically each billing period until you cancel from your account settings. Cancellation stops the next renewal; subscription fees already paid are non-refundable except where required by law. This does not affect the refund condition for one-time purchases in section 4.
Prices exclude taxes, which you are responsible for. If you start a paid Pro subscription at $99 per month, that subscription price does not change while it remains active without interruption. If you cancel or the subscription otherwise ends, the price offered when you later start a new subscription will apply.
If a payment fails we may suspend the Service after notice.

4. One-time purchases (Buyer-Question Diagnostic)

These Terms also cover the Buyer-Question Diagnostic (billed by Stripe as “AI Visibility Diagnostic”), a fixed-scope engagement bought once and delivered by email rather than through the dashboard. It is not a subscription: nothing renews, there are no seats, and there is nothing to cancel. The price is a single $195 charge, confirmed at checkout and processed by Stripe.

Scope and confirmation. The 12 questions are the list proposed on your results page. Payment confirms the list. If you arrive without a results page, we promptly propose questions by email using your submitted website. Our receipt reply states the scheduled start, edit window and delivery deadline. Buyer-requested holds or scope changes require an explicitly agreed revised deadline. Reply with edits before the scheduled start; otherwise we run the proposed list.
What we deliver. By email within one business day of payment: the full campaign report (PDF) with prioritized recommendations, and the citation-source-map CSV, covering the confirmed list across the AI engines named on the offer page. 60 days after delivery we run the same list again and send the second report. For 30 days after delivery we answer questions about the package by reply. The files are yours to keep, share, or hand to an agency.
Delivery timing. Delivery is due by the end of the next business day after payment settles. Business days are Monday–Friday, excluding US federal holidays, in America/Chicago. Intake and the run are included in this deadline. If a provider failure threatens the deadline, we contact you promptly rather than send an incomplete package.
Refunds. Purchases are non-refundable, except if we cannot deliver the agreed diagnostic or applicable law requires a refund. The terms accepted when you purchased continue to govern that order.
Repeat check. If the day-60 rerun shows no new citation of your site on any of the questions, we run the list once more at day 90 at no charge.
Findings are not failures. The diagnostic reports what the engines answered when we captured them. If your brand does not appear, that is the finding the report documents, and the deliverables above are unchanged.

5. Acceptable use

You agree not to:

break any law or infringe anyone’s rights, including intellectual-property and privacy rights;
submit personal data about individuals as audit input — the Service is for brand and competitive analysis;
reverse-engineer, scrape, or resell the Service, or bypass its quotas, rate limits, bot protection, or authentication;
upload malware or otherwise interfere with the Service or its users.

We may suspend or terminate access if we reasonably believe these rules have been violated.

6. AI-generated content

The Service uses third-party AI models to generate and analyze content about your brand and competitors. AI output may be inaccurate, incomplete, or vary between runs, and is provided as informational analysis only — not as professional advice or a guaranteed factual record. Review it before relying on it or sharing it.

7. Your content

You own the inputs you submit and the audit results generated for you. You grant us a license to host, process, and transmit that content (including to AI and search providers) solely to operate, secure, support, and improve the Service. We may use aggregated, de-identified data that does not identify you or any individual. You confirm you have the right to submit the content you provide.

8. Our intellectual property

The Service, including its software, design, and brand, is owned by us. We grant you a limited, non-exclusive, non-transferable, revocable license to use it under these Terms. All other rights are reserved.

9. Disclaimer of warranties

To the maximum extent permitted by law, the Service and all AI output are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, non-infringement, or uninterrupted operation.

10. Limitation of liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total liability arising from these Terms or the Service will not exceed the greater of the amount you paid us in the twelve months before the claim or one hundred U.S. dollars ($100). Some jurisdictions do not allow these limitations, in which case they apply to the fullest extent permitted.

11. Indemnification

You will defend and indemnify us against third-party claims and related costs (including reasonable attorneys’ fees) arising from your content, your use of the Service in violation of these Terms or the law, or your infringement of any third-party right.

12. Termination

You may cancel at any time from your account settings. We may suspend or terminate your access if you materially breach these Terms, fail to pay, or expose us to legal or security risk. On termination your access ends and your data is handled under the retention terms in our Privacy Policy. Sections 7 through 11 and 13 through 15 survive termination.

13. Changes

We may modify the Service and these Terms. For material changes to these Terms we will give at least 30 days’ notice by email or in-product notice; continued use after the effective date is acceptance. If you do not agree, cancel your subscription.

14. Governing law

These Terms are governed by the laws of the State of New Mexico, United States, without regard to conflict-of-laws rules. Any dispute will be brought exclusively in the state or federal courts located in that jurisdiction, and both parties consent to their jurisdiction. Before filing, you agree to contact us at [email protected] and attempt to resolve the matter in good faith for 30 days.

15. General

Entire agreement. These Terms and the Privacy Policy are the entire agreement between us on this subject and supersede prior agreements.
Severability. If any provision is unenforceable, the rest remains in effect.
Assignment. You may not assign these Terms without our consent; we may assign them in a merger, acquisition, or sale of assets.
Force majeure. Neither party is liable for failures caused by events outside its reasonable control.
Notices. We may notify you at your account email or in the dashboard. Notices to us go to [email protected] or the address in our Privacy Policy.

16. Contact

[email protected]. See also our Privacy Policy.