Terms of Service

Acceptance of Terms

By accessing or using the website, products, or services provided by Point11, Inc. (“Point11,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). These Terms, together with the pricing posted on our website, govern your use of our services. If you and Point11 have signed a separate service agreement, that agreement controls where it conflicts with these Terms. If you do not agree to these Terms, do not use our services.

The Service

Point11 Analytics measures and improves how brands appear in AI systems, including Discovery campaigns that analyze your brand's performance across AI assistants, site inspection and scoring, and comparative benchmarks. Point11 also builds and operates AI-powered sites and conversational agents for enterprise customers under separately negotiated agreements.

Features identified as beta, preview, or early access are provided as-is, may change or be withdrawn at any time, and are excluded from any commitments in these Terms.

Accounts and Organizations

You must create an account to use most features. Accounts belong to an organization; by creating an organization you represent that you have authority to bind it to these Terms. Organization administrators control member access and act on the organization's behalf. You are responsible for safeguarding your credentials and for all activity under your account, and you agree to notify us promptly of any unauthorized use.

Billing and Credits

Paid usage is billed through our payment processor at the prices posted on our website or set out in your service agreement. Subscriptions renew automatically until canceled; usage-based charges are billed as incurred. We may change posted prices with reasonable advance notice; changes apply to subsequent billing periods. All fees are exclusive of taxes, which you are responsible for where applicable.

New customers receive $99 in promotional credits to evaluate Point11 Analytics by running Discovery campaigns. Site Inspector is free for all customers, up to monthly usage limits that we may adjust from time to time. Promotional credits have no cash value, are non-transferable, are limited to one grant per organization unless we state otherwise, may expire, and may be revoked in cases of abuse, such as creating multiple accounts or organizations to obtain additional credits.

Acceptable Use

You may use the services only to monitor and analyze lawful brands, products, communications, websites, and related business information, and only in compliance with applicable law. You agree not to:

• Use our services unlawfully or in violation of applicable regulations, third-party rights, or these Terms.
• Attempt unauthorized access to our systems or other customers' accounts, interfere with the integrity or performance of our services, bypass safeguards, or use the services to create, distribute, or facilitate malware, phishing, spam, fraud, harassment, hate, exploitation of minors, non-consensual intimate imagery, or other harmful or deceptive activity.
• Reverse-engineer our platform; extract, scrape, or reproduce raw model responses, prompts, system behavior, service data, underlying models, weights, or training data except through ordinary product functionality; resell them as model access or a data product; or use Outputs to develop, train, fine-tune, or improve a competing AI model or AI service.
• Resell or redistribute our services without our prior written consent.
• Use the services to target voters, optimize political campaign, candidate, ballot-measure, political action committee, or lobbying operations, mislead people about voting or civic processes, impersonate election officials, or interfere with any election or democratic process. This does not prohibit lawful brand, public-affairs, or communications monitoring merely because a query or Output references political, policy, or government topics.
• Use Outputs to make or automate consequential decisions about individuals, including decisions about credit, lending, employment, housing, insurance, education, legal status, healthcare, immigration, law enforcement, or access to essential government services, without qualified human review and legal authorization.
• Use the services to provide legal, medical, financial, investment, or other professional advice requiring a license, or to represent that Outputs are advice from Point11 or a licensed professional.
• Use the services to facilitate real-money gambling, weapons development or procurement, controlled-substance transactions, or any illegal, restricted, or harmful transaction.
• Misrepresent AI-generated Outputs as wholly human-created where doing so would deceive, or otherwise misrepresent the source, nature, or reliability of Outputs.

If you operate in a regulated industry, including alcohol, tobacco or vaping, cannabis or CBD, gambling, firearms, pharmaceuticals, healthcare, financial services, insurance, legal services, education, housing, or government or public-sector services, you represent and warrant that your use of the services and your own marketing, sales, and customer communications comply with all applicable laws, including advertising, licensing, disclosure, and age-restriction requirements.

Our services may use third-party AI providers. You may not use the services in any way that would violate the applicable usage policies, acceptable-use policies, or service terms of those providers, as updated from time to time.

Your Data and Outputs

You retain ownership of the content and data you provide to us (“Customer Content”). You grant us a limited license to use Customer Content to provide and support the services. To the extent permitted by law, we assign to you all right, title, and interest in outputs generated by our services from your Customer Content (“Outputs”). AI-generated Outputs may not be unique, and comparative products such as benchmarks and rankings may present similar underlying data to multiple customers.

We may use data in aggregated, de-identified form, in a way that identifies neither your organization nor your brand, to operate and improve our services, including industry benchmarks.

Customer Marks

You grant Point11 a non-exclusive, worldwide, royalty-free license to use your organization's name, trademarks, service marks, logos, and other brand identifiers (“Customer Marks”) to identify you as a Point11 customer on our website, customer lists, sales presentations, case studies, newsletters, and other marketing materials. We will use Customer Marks in a manner consistent with your publicly available brand guidelines, if any. You may terminate this license by giving us written notice at legal@point11.ai; after termination, we will stop creating new materials using your Customer Marks and will remove them from our website within a commercially reasonable period, but we are not required to recall or destroy materials already produced before termination.

AI Disclosures

• Accuracy: AI-generated content, including scores, recommendations, and conversational responses, is produced algorithmically and may contain errors or fabricated information. Outputs are provided as-is and are not professional advice. You are responsible for reviewing Outputs before relying on them for business decisions.
• No model training: we do not use your Customer Content or end-user interactions to train or fine-tune AI models. The third-party AI providers we route requests through are contractually restricted from training on your data.
• Data isolation: your Customer Content is logically isolated from other customers' data.
• Model changes: underlying AI models evolve, and outputs may vary between versions.

Third-Party and Competitive Data

Our services analyze publicly available information, including websites you designate and the public behavior of third-party AI systems. By designating a website or brand for analysis, you represent that doing so is lawful and within your rights. Reports and benchmarks may reference third parties, including competitors; such information is provided for competitive analysis and is drawn from public sources. We make no representations about the accuracy of third-party information appearing in Outputs.

Confidentiality

Each party will protect the other's non-public information that is designated confidential or that would reasonably be understood to be confidential, will use it only as needed under these Terms, and will not disclose it to third parties except as required by law. This obligation does not apply to information that is or becomes public through no fault of the receiving party, was already known, was independently developed, or was rightfully received from a third party.

Security and Privacy

We protect Customer Content with industry-standard measures, including encryption in transit and at rest, role-based access controls, and tenant isolation enforced at the database layer. We process personal data in accordance with our Privacy Policy. Security questions: support@point11.ai.

Disclaimer of Warranties

Our services are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that AI-generated outputs will be accurate, complete, or suitable for any particular purpose.

Limitation of Liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages. Each party's total aggregate liability under these Terms is capped at the amounts you paid to Point11 in the twelve months preceding the claim. This cap does not apply to indemnification obligations, breaches of confidentiality, your payment obligations, or a party's gross negligence, willful misconduct, or fraud.

Indemnification

By Point11: we will defend and indemnify you against third-party claims that your authorized use of our services infringes their patent, copyright, trademark, or trade secret rights, except for claims arising from your Customer Content, your modifications, combinations with non-Point11 products, or use in violation of these Terms.

By you: you will defend and indemnify Point11 against third-party claims arising from your Customer Content, your violation of these Terms, or your violation of applicable law. The indemnified party must promptly notify the indemnifying party and reasonably cooperate; the indemnifying party controls the defense but may not settle in a way that imposes obligations on the other party without consent.

Termination

You may stop using the services and cancel your account at any time. Either party may terminate for material breach that remains uncured thirty (30) days after written notice, and we may suspend access immediately for violations of the Acceptable Use section. Upon termination, your access ceases; on request within thirty (30) days, we will make your data available for export in a standard machine-readable format, after which we will delete your Customer Content from our systems in the ordinary course. Provisions concerning your data and outputs, Customer Marks used in materials already produced before termination, confidentiality, warranties, liability, indemnification, and governing law survive termination.

Disputes and Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. The parties will first attempt to resolve any dispute through good-faith negotiation for thirty (30) days; unresolved disputes will be settled by binding arbitration administered by the American Arbitration Association in New York, New York, before a single arbitrator. Either party may seek injunctive relief in the state or federal courts of New York County to protect its intellectual property or confidential information.

Changes to These Terms

We may update these Terms by posting a revised version on our website. We will give notice of material changes, by email or through the product, at least thirty (30) days before they take effect. Continued use after changes take effect constitutes acceptance.

General

• Entire agreement: these Terms (with the posted pricing and, where applicable, a signed service agreement) are the entire agreement between you and Point11 and supersede prior communications.
• Severability and waiver: if a provision is unenforceable, it will be limited to the minimum extent necessary and the rest remains in effect; failure to enforce a provision is not a waiver.
• Assignment: you may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Export compliance: you agree to comply with applicable export control and sanctions laws.
• Force majeure: neither party is liable for delays caused by circumstances beyond its reasonable control.

Contact Us

Questions about these Terms: legal@point11.ai.