Cloud Presence - AI Visibility Optimization Platform

1. Acceptance of Terms

Welcome to Cloud Presence. These Terms of Service ("Terms") govern your use of the Cloud Presence AI Visibility Optimization Platform and related services ("Service") operated by Cloud Presence ("us", "we", or "our"). By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

2. Description of Service

Cloud Presence provides AI visibility optimization services that help businesses monitor, analyze, and improve their presence across major AI platforms including but not limited to:

AI visibility monitoring and analytics
Competitive analysis and benchmarking
Content optimization recommendations
AI platform performance reporting
SEO integration and consultation
API access and developer tools

3. User Accounts and Eligibility

3.1 Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms. By using our Service, you represent and warrant that:

You are at least 18 years of age
You have the legal capacity to enter into these Terms
Your use of the Service will not violate any applicable law or regulation
All information you provide is accurate and truthful

3.2 Account Security

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
Using strong passwords and enabling two-factor authentication when available

4. Subscription and Payment Terms

4.1 Subscription Plans

We offer subscription-based access to our Service. Current pricing and features are available on our pricing page. We reserve the right to:

Modify pricing with 30 days' notice to existing subscribers
Offer promotional pricing and discounts
Change or discontinue plans with appropriate notice
Limit features based on subscription tier

4.2 Billing and Payments

Billing Cycle: Subscriptions are billed monthly or annually in advance
Payment Processing: Payments are processed securely through Stripe
Auto-Renewal: Subscriptions automatically renew unless canceled
Failed Payments: Service may be suspended for failed payments
Taxes: You are responsible for applicable taxes

4.3 Refunds and Cancellations

Cancellation: You may cancel your subscription at any time
Effect of Cancellation: Service continues until the end of your billing period
No Refunds: We do not provide refunds for partial periods
Exceptions: Refunds may be provided at our sole discretion for service outages or errors

5. Acceptable Use Policy

5.1 Permitted Uses

You may use our Service for legitimate business purposes related to AI visibility optimization.

5.2 Prohibited Uses

You agree not to use the Service for any of the following:

Any illegal or unauthorized purpose
Violating any applicable laws or regulations
Infringing on intellectual property rights
Transmitting malicious code, viruses, or harmful content
Attempting to gain unauthorized access to our systems
Reverse engineering or attempting to extract source code
Using the Service to compete with us or develop competing products
Overloading or attempting to disable our infrastructure
Sharing account credentials with unauthorized parties
Using automated tools without written permission

6. Intellectual Property Rights

6.1 Our Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of Cloud Presence and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks may not be used without our prior written consent.

6.2 Your Content

You retain ownership of any content you submit to our Service. By submitting content, you grant us:

A worldwide, non-exclusive, royalty-free license to use, modify, and display your content
The right to analyze your content for service improvement
Permission to use aggregated, anonymized data for research and development

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8. Service Availability and Performance

8.1 Service Level

We strive to maintain high service availability but do not guarantee uninterrupted access. Our target uptime is 99.9%, excluding scheduled maintenance.

8.2 Maintenance and Updates

We may perform scheduled maintenance with advance notice
Emergency maintenance may occur without notice
We may update or modify the Service to improve functionality
Some updates may require temporary service interruption

9. Limitation of Liability

IMPORTANT LIMITATION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLOUD PRESENCE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

Loss of profits, data, use, goodwill, or other intangible losses
Damages resulting from unauthorized access to your data
Interruption or cessation of service
Bugs, viruses, or other harmful components
Errors or inaccuracies in content

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION
RESULTS OBTAINED FROM USE OF THE SERVICE

11. Indemnification

You agree to defend, indemnify, and hold harmless Cloud Presence and its affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

12. Termination

12.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings.

12.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, for:

Breach of these Terms
Non-payment of fees
Fraudulent or illegal activity
Violation of our Acceptable Use Policy
At our sole discretion for any reason

12.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your data after a reasonable period. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of law principles.

13.2 Arbitration

Any dispute arising from these Terms will be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if they qualify. The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

By agreeing to arbitration, you are waiving your right to a jury trial and to participate in class action lawsuits.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or prominent notice on our website. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

15. General Provisions

15.1 Severability

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

15.2 Waiver

No waiver of any term or condition will be deemed a further or continuing waiver of such term or any other term.

15.3 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

15.4 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Cloud Presence regarding the Service.

16. Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: legal@cloudpresence.com

Subject Line: Terms of Service Inquiry

Address: [Your Business Address]

Phone: [Your Business Phone]

Legal Department: legal@cloudpresence.com

Acknowledgment

By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These Terms are legally binding and enforceable.