Terms of Service Agreement

1. Acceptance of Terms

By accessing and using BrandScout ("the Service"), you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, please discontinue use of the Service immediately. These terms apply to all users, including Free, Premium, and Enterprise subscribers.

2. Service Description

BrandScout is an AI-powered competitive intelligence platform that provides:

  • Competitor Discovery & Analysis: AI-driven competitor identification and strategic analysis
  • Strategic Frameworks: SWOT, Porter's Five Forces, PESTEL, Value Proposition Canvas
  • Business Model Canvas: AI-assisted business model development and visualization
  • Campaign Management: Strategic recommendation generation and campaign tracking
  • Multi-Organization Support: Enterprise-level organization and team management
  • Market Intelligence: Website analysis, territory mapping, and competitive positioning

3. User Accounts and Organizations

Account registration requires a valid email address. You are responsible for:

  • Account Security: Maintaining confidentiality of login credentials
  • Accurate Information: Providing truthful company and profile information
  • Account Activity: All actions performed under your account
  • Team Management: Proper management of team member access and permissions
  • Data Quality: Ensuring accuracy of competitor and business data entered
  • Immediate Notification: Reporting any unauthorized account access

4. Subscription Plans and Billing

We offer three subscription tiers with different features and limits:

  • Free Plan: Basic features with limited searches and single organization
  • Premium Plan: Advanced features, more searches, team collaboration
  • Enterprise Plan: Multi-organization management, premium seats, all features

By subscribing to paid plans, you agree to:

  • Payment Terms: Monthly billing processed through Stripe
  • Auto-Renewal: Automatic subscription renewal unless cancelled
  • Add-on Pricing: Additional organizations ($30/month) and team members ($15-20/month)
  • Price Changes: 30-day advance notice for pricing modifications
  • Refund Policy: No refunds for partial billing periods
  • Failed Payments: Service suspension after failed payment attempts

5. Acceptable Use Policy

You must not use the Service to:

  • Legal Violations: Violate any applicable laws, regulations, or third-party rights
  • Unauthorized Access: Attempt to breach security or access restricted systems
  • Abuse Prevention: Exceed rate limits, spam our APIs, or overload our infrastructure
  • Data Misuse: Collect competitor data for illegal competitive espionage
  • AI Abuse: Submit inappropriate prompts or attempt to manipulate AI responses
  • Account Sharing: Share accounts beyond your subscription's team member limits
  • Resale: Resell or sublicense the Service without authorization
  • Reverse Engineering: Attempt to replicate or extract our proprietary algorithms

6. AI Services and Data Processing

Our AI-powered features utilize third-party services (OpenAI, Anthropic) subject to additional terms:

  • AI Accuracy: AI-generated insights are suggestions, not guaranteed facts
  • Data Processing: Your inputs may be processed by AI providers for response generation
  • Usage Limits: AI features subject to subscription-based usage quotas
  • Safety Measures: Content moderation and abuse detection systems in place
  • No Training: Your data is not used to train third-party AI models

7. Intellectual Property Rights

Our Property: The Service, including software, algorithms, designs, and branding, remains the exclusive property of BrandScout. You receive a limited license to use the Service per these terms.

Your Data: You retain ownership of data you input (competitor information, business models, strategic analyses). You grant us license to process this data to provide the Service.

Generated Content: AI-generated analyses and recommendations are licensed to you for business use within the scope of your subscription.

8. Privacy and Data Protection

Your privacy rights are detailed in our Privacy Policy. Key points include:

  • Data Security: Enterprise-grade security with encryption and access controls
  • Data Retention: Data retained during active subscription plus 90-day grace period
  • Team Data: Organization members can access shared data per assigned roles
  • Third-Party Processing: Limited data sharing with essential service providers
  • User Rights: Access, correction, deletion, and portability rights available

9. Service Availability and Support

Uptime: We strive for 99.9% uptime but do not guarantee uninterrupted service availability. Planned maintenance will be announced in advance when possible.

Support Levels: Free plan users receive community support; Premium and Enterprise subscribers receive priority support with faster response times.

Updates: We regularly deploy feature updates and security patches without prior notice.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANDSCOUT SHALL NOT BE LIABLE FOR:

  • Indirect Damages: Lost profits, business opportunities, or competitive advantages
  • AI Accuracy: Errors or inaccuracies in AI-generated competitive intelligence
  • Third-Party Services: Issues with Stripe payments, AI providers, or other integrations
  • Data Loss: Loss of data due to user error, system failure, or account termination
  • Business Decisions: Consequences of strategic decisions based on our analyses

Damage Cap: Our total liability is limited to the amount paid for the Service in the 12 months preceding the claim.

11. Account Termination

By You: Cancel your subscription anytime through the customer portal. Data will be retained for 90 days post-cancellation.

By Us: We may suspend or terminate accounts for terms violations, non-payment, or abuse. We will provide notice when possible, except for immediate security threats.

Effect: Upon termination, access to the Service ceases immediately. Data export may be available for a limited time.

12. Dispute Resolution

Informal Resolution: Contact our support team first to resolve disputes informally.

Arbitration: Unresolved disputes will be settled through binding arbitration rather than court proceedings, except for intellectual property claims.

Class Action Waiver: You waive the right to participate in class action lawsuits against BrandScout.

13. Updates to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via:

  • Email notification to account holders
  • In-platform announcements
  • 30-day advance notice for significant changes

Continued use after changes constitutes acceptance of new terms.

14. Contact and Legal Information

Support: For technical support, billing questions, or general inquiries:

  • In-platform support system (Premium/Enterprise users)
  • Email: support@brandscout.io
  • FAQ and documentation available in the application

Legal: For legal matters, compliance, or terms questions:

  • Email: legal@brandscout.io
  • Privacy concerns: privacy@brandscout.io

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the jurisdiction where BrandScout is incorporated, without regard to conflict of law principles. Any legal proceedings will be conducted in the courts of that jurisdiction.

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