Terms and Conditions

Last Updated: 1/3/2025

Welcome to xfunnel AI Inc. ("xfunnel," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website, tools, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.

1. Acceptance of Terms

By using xfunnel's Services, you confirm that:

  • You are at least 18 years old or the legal age of majority in your jurisdiction.
  • You have the authority to enter into these Terms.
  • If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

xfunnel provides a proprietary AI-powered tool that analyzes how AI search engines (e.g., ChatGPT, Claude, Perplexity, Gemini, etc.) perceive and present information about companies. Our Services include, but are not limited to:

  • Question Generation & Analysis: Creating and analyzing targeted questions based on Ideal Customer Profiles (ICPs).
  • Metrics Tracking: Monitoring company mentions, average position, sentiment analysis, and feature scores.
  • Buying Journey Analysis: Tracking performance across key stages of the customer journey.
  • Citation Analysis: Identifying and analyzing sources used by AI engines.
  • Actionable Insights: Providing weekly dashboards, content optimization recommendations, and technical improvements.

3. User Responsibilities

You agree to:

  • Provide accurate, complete, and up-to-date information when using our Services.
  • Use the Services only for lawful purposes and in compliance with these Terms.
  • Not misuse or exploit the Services for unauthorized purposes, including but not limited to:
    • Reverse engineering, decompiling, or disassembling our software.
    • Scraping, harvesting, or extracting data from our Services.
    • Distributing malware or engaging in any activity that disrupts the Services.
  • Not use the Services to infringe on the intellectual property or privacy rights of others.

4. Intellectual Property

All content, software, algorithms, and materials provided through the Services, including but not limited to text, graphics, logos, and AI models, are the property of xfunnel or its licensors and are protected by intellectual property laws. You may not:

  • Reproduce, distribute, or create derivative works without our prior written consent.
  • Use our trademarks, logos, or branding without explicit permission.

5. Data Collection and Use

By using our Services, you acknowledge and agree to our collection, use, and sharing of data as described in our Privacy Policy.

6. Fees and Payment

If you subscribe to a paid plan, you agree to:

  • Pay all fees as outlined in your subscription plan.
  • Provide accurate billing information and update it as necessary.
  • Authorize us to charge your payment method for recurring fees.

Failure to pay may result in suspension or termination of your access to the Services.

7. Limitation of Liability

To the fullest extent permitted by law, xfunnel shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages.
  • Loss of profits, data, or business opportunities arising from your use of the Services.
  • Any errors, inaccuracies, or omissions in the insights or recommendations provided.

8. Indemnification

You agree to indemnify and hold harmless xfunnel, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, or expenses arising out of:

  • Your use of the Services.
  • Your violation of these Terms.
  • Your infringement of any third-party rights.

9. Termination

We reserve the right to suspend or terminate your access to the Services at any time, with or without notice, for any reason, including but not limited to:

  • Violation of these Terms.
  • Non-payment of fees.
  • Engaging in fraudulent or harmful activities.

10. Dispute Resolution

Any disputes arising out of or related to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in San Francisco, California, and the decision of the arbitrator shall be final and binding.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

12. Changes to Terms

We may update these Terms from time to time. Any changes will be posted on this page with an updated "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the revised Terms.

13. Contact Us

If you have any questions about these Terms, please contact us at [email protected].