Terms of Service

1. Acceptance of Terms

By creating an account or using Brandspot, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Description of Service

Brandspot is an AI traffic analytics platform that:

• Connects to your Google Analytics account (with your permission)
• Identifies and tracks traffic from AI platforms (ChatGPT, Claude, Perplexity, and others)
• Analyzes brand visibility in AI-generated responses
• Provides dashboards showing AI referrer traffic, conversions, and trends
• Conducts automated brand visibility research based on keywords you define

3. Account Registration

Eligibility: You must be at least 16 years old to use the Service.

Account Security:

• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• Notify us immediately of any unauthorized access at [email protected]

Accurate Information: You agree to provide accurate and complete information during registration and keep it updated.

4. Google Analytics Integration

Authorization: By connecting your Google Analytics account, you authorize Brandspot to:

• Access your Analytics data in read-only mode
• Retrieve traffic metrics (sessions, users, page views, goals)
• Store aggregated AI referrer traffic data
• Perform daily automatic syncs

Your Responsibilities:

• You must have legitimate access to the Google Analytics properties you connect
• You represent that you have authority to grant Brandspot access
• You are responsible for compliance with Google's Terms of Service

Our Responsibilities:

• We will only use your Analytics data as described in our Privacy Policy
• We will never modify your Analytics data or configuration
• We will never access other Google services beyond Analytics

Disconnection: You may disconnect Google Analytics at any time from your project settings. Upon disconnection, we will stop syncing data and delete stored Analytics data within 30 days.

5. User Content and Data

Your Data: You retain all rights to:

• The projects, brands, keywords, and questions you create
• Your Google Analytics data
• Any configurations or settings you define

License to Us: By using the Service, you grant us a limited license to:

• Store and process your data to provide the Service
• Display your data in your dashboard
• Perform analysis as requested by you

Data Accuracy: We do not guarantee the accuracy, completeness, or timeliness of AI traffic analysis results. Results depend on external AI platform behavior and Google Analytics data quality.

6. Acceptable Use

You agree NOT to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Attempt to gain unauthorized access to the Service or other accounts
• Reverse engineer, decompile, or disassemble the Service
• Use the Service to transmit malware or malicious code
• Interfere with or disrupt the Service
• Use the Service for any unlawful purpose
• Connect Google Analytics properties you do not have permission to access
• Share your account credentials with others
• Scrape or collect data from the Service using automated means
• Resell or redistribute the Service without authorization

We reserve the right to:

• Suspend or terminate accounts that violate these Terms
• Remove content that violates these Terms
• Investigate suspected violations

7. Intellectual Property

Our Rights: The Service, including all software, designs, text, graphics, and trademarks, is owned by IWD Holding BV and protected by copyright and other intellectual property laws.

Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes, subject to these Terms.

8. Third-Party Services

Google Services: Your use of Google Analytics integration is subject to Google's Terms of Service and API Services User Data Policy.

Stripe: Payment processing is handled by Stripe. Your payment information is subject to Stripe's Privacy Policy and Terms of Service. We do not store your credit card information.

Research API: Our Service uses a proprietary research API to analyze AI platform responses. This API receives your brand names, keywords, and questions but does NOT receive your Google Analytics data or personal information.

9. Payments and Subscriptions

Billing: Subscription fees are billed in advance on a recurring basis (monthly or annually as selected).

Payment Method: You authorize us to charge your payment method for all fees owed. You must provide current, complete, and accurate payment information.

Price Changes: We may change our pricing with 30 days' advance notice. Changes will not affect your current billing period.

Cancellation: You may cancel your subscription at any time. Upon cancellation:

• Your access continues until the end of your current billing period
• You will not be charged for subsequent periods
• Your data will be retained for 30 days after cancellation, then permanently deleted

No Refunds: Fees are non-refundable except as required by law or at our sole discretion.

10. Service Availability and Modifications

Availability: We strive to provide reliable Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

Modifications: We reserve the right to:

• Modify or discontinue features (with reasonable notice for material changes)
• Update these Terms (we'll notify you of significant changes)
• Change system requirements

No Guarantee: We provide the Service "as is" without warranties of any kind.

11. Data Security and Backups

Security: We implement industry-standard security measures as described in our Privacy Policy, including:

• Encryption in transit (TLS) and at rest (AES-256)
• Encrypted storage of OAuth tokens
• Access controls and authentication
• Data hosting in Germany

Backups: While we perform regular backups, you are responsible for maintaining your own copies of critical data. We are not liable for data loss.

12. Termination

By You: You may terminate your account at any time by contacting [email protected] or through your account settings.

By Us: We may suspend or terminate your account if:

• You violate these Terms
• Your account is inactive for 12+ months
• Required by law
• Your payment method fails

Effect of Termination:

• Your access to the Service ends immediately
• Google Analytics connections are revoked
• Your data is deleted within 30 days
• Unpaid fees remain due

13. Limitation of Liability

To the maximum extent permitted by law:

• THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
• WE DO NOT GUARANTEE ACCURACY, COMPLETENESS, OR RELIABILITY OF AI TRAFFIC ANALYSIS
• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE 12 MONTHS PRIOR TO THE CLAIM
• WE ARE NOT LIABLE FOR SERVICE INTERRUPTIONS, DATA LOSS, OR THIRD-PARTY SERVICES

Exceptions: Nothing in these Terms excludes liability for death or personal injury caused by our negligence, fraud, or matters that cannot be excluded under applicable law.

14. Indemnification

You agree to indemnify and hold IWD Holding BV harmless from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of any law or third-party rights
• Your use of the Service
• Unauthorized access to Google Analytics properties

15. Dispute Resolution

Governing Law: These Terms are governed by the laws of the Netherlands, without regard to conflict of law principles.

Jurisdiction: Any disputes shall be resolved in the courts of Utrecht, Netherlands.

Informal Resolution: Before filing a claim, contact us at [email protected] to seek informal resolution.

16. EU Consumer Rights

If you are a consumer in the EU, you have additional rights:

• 14-day withdrawal right for new subscriptions (contact [email protected])
• Right to complain to your local consumer protection authority
• Nothing in these Terms affects your statutory consumer rights

17. Collaborators and Team Access

Project Ownership: The user who creates a project is the "Owner" and has full control.

Collaborators: Owners may invite collaborators to projects. Collaborators can:

• View project dashboards and analytics
• Access connected Google Analytics data for that project
• Cannot modify billing or delete projects

Owner Responsibility: Project owners are responsible for:

• Managing collaborator access
• Ensuring collaborators have legitimate need to access data
• Compliance with data protection laws when sharing access

Removal: Owners may remove collaborators at any time.

18. Data Portability and Deletion

Export: You may request an export of your data by contacting [email protected].

Deletion: Upon account termination or request, we will:

• Revoke Google Analytics access immediately
• Delete all stored data within 30 days
• Billing records retained for 7 years (legal requirement)

19. Service-Specific Terms

AI Traffic Analysis:

• Analysis results depend on external AI platforms that we do not control
• AI platform behavior may change without notice
• We do not guarantee brand mention detection accuracy

Google Analytics Sync:

• Daily syncs may be delayed due to API rate limits or service issues
• Historical data retrieval is limited to 365 days
• We cannot retrieve data from before your connection date

Research Pipeline:

• Automated brand visibility research consumes API quota
• Results are generated by querying AI platforms and may vary
• We do not control or guarantee AI platform responses

20. Contact and Support

For questions, support, or to exercise your rights:

Support Hours: We aim to respond within 48 hours on business days.

21. Changes to These Terms

We may update these Terms from time to time. When we make material changes:

• We'll notify you by email
• We'll update the "Last Updated" date
• Continued use after changes constitutes acceptance

If you don't agree to changes, you may terminate your account.

22. Severability

If any provision of these Terms is found unenforceable, the remaining provisions continue in full force and effect.

23. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and IWD Holding BV regarding the Service.