Terms of Service

These Terms of Service (these "Terms") govern access to and use of the AI Native platform and related services (collectively, the "Service" or "Platform"), an AI-visibility measurement service operated by the operators of this Platform (the "Operators", "we", "us", or "our"). AI Native is operated by the same company that operates ComplianceOS.

By accessing, registering for, or using the Service, you ("User", "you", or "your") acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use the Service.

AI may make mistakes, please validate before relying on any measurement or recommendation. Your use of the Service constitutes your acknowledgment of the inherent limitations of artificial intelligence described in these Terms.

1. Acceptance and binding agreement

These Terms form a legally binding agreement between you and the Operators under the Indian Contract Act, 1872, and other applicable laws. If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization, which is responsible for all use of the Service under its account. Electronic acceptance, by creating an account or using the Service, is valid and enforceable, including under the Information Technology Act, 2000. We may offer beta, preview, or experimental features, which are provided without warranty, may change or be discontinued at any time, and are used at your sole risk.

2. Eligibility

You must be at least 18 years of age and capable of entering into a binding contract under applicable law. If you use the Service on behalf of a business, you represent that you are authorized to act for that entity. You may not use the Service if you are barred under applicable law, subject to sanctions or export restrictions, or located where use of the Service is prohibited. The Service is not intended for persons under 18.

3. What the Service is

AI Native is a software-as-a-service platform that uses AI and related technologies to measure how AI assistants and answer engines mention and recommend brands, to surface the sources shaping those answers, and to generate ranked plans and supporting content to help improve them. The Service may include dashboards, scans, scoring, action plans, re-measurement, integrations, and administrative tools. Features may vary by plan, region, or configuration.

The Service is a tool that assists human judgment. It is not a substitute for professional marketing, legal, regulatory, or financial advice, nor for qualified human review. The Operators do not certify, warrant, or guarantee that any measurement, score, recommendation, or generated content is accurate, complete, current, lawful, non-infringing, or fit for your purpose. We may modify, enhance, limit, or discontinue features at any time, to the maximum extent permitted by law.

4. No professional advice

The Service does not provide legal, regulatory, financial, tax, or professional advice. Any measurements, scores, recommendations, or generated materials are for general informational and operational assistance only. No advisor-client or fiduciary relationship is created by use of the Service. You must consult qualified professionals and apply your own judgment for decisions relating to advertising standards, consumer protection, data protection, intellectual property, and any sector-specific rules applicable to your business and content. Reliance on AI output without independent human review is at your sole risk.

5. AI risk acknowledgment

This section is material. By using the Service, you acknowledge and accept the following:

• Probabilistic nature. AI systems are probabilistic, not deterministic. The same input may produce different outputs at different times. Measurements, scores, recommendations, and generated content may be inaccurate, incomplete, outdated, biased, or inconsistent.
• Hallucinations and errors. AI may produce plausible-sounding but false or unsupported statements, miss material issues, or misclassify an answer. AI may make mistakes, please validate before relying on output.
• No guarantee of results. To the maximum extent permitted by applicable law, we make no guarantee that following any recommendation will change how an AI engine mentions or recommends your brand, or that any measured number will move. The engines we measure are operated by third parties and change without notice.
• Your responsibility to validate. You are responsible for independently reviewing and validating any measurement or recommendation before relying on, publishing, or acting on it.
• Evolving engines. AI engines, their sources, ranking, and policies change frequently. A measurement reflects a point in time and may not hold as the engines change.
• Assumption of risk. You assume the risks arising from your use of the Service and from any decision to act on its output, including commercial loss and reputational impact.

6. Your responsibilities and acceptable use

You are responsible for your account and all activity under it, for the accuracy and legality of content you submit, for reviewing AI output before acting on it, and for your own regulatory compliance. You must not: use the Service for unlawful, fraudulent, deceptive, or harmful purposes; submit content you do not have rights to use or that infringes third-party rights; reverse engineer, scrape, probe, or circumvent security or usage limits; represent AI output as official certification by the Operators; resell or sublicense the Service except as expressly permitted in writing; or violate applicable export-control, sanctions, or anti-bribery laws. We may monitor use for security, abuse prevention, and legal compliance, and may suspend or terminate access for suspected violations, risk to the Service, legal requirements, or non-payment.

7. Your content and data

As between you and the Operators, you retain ownership of the content you submit, subject to the licenses below. You grant the Operators a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display your content solely to provide, maintain, secure, improve, and support the Service, including to submit it to AI and search-data providers as necessary for the functionality you request. Unless you opt out where the Service provides an opt-out, or unless otherwise agreed in writing, you grant us a limited license to use de-identified or aggregated data derived from use of the Service to improve features and security, in compliance with the Privacy Policy. You represent that you have all rights and consents needed to submit your content and grant these licenses, that your content does not violate law or third-party rights, and that you have provided required notices and obtained required consents for any personal data in your content. We may remove or restrict content we reasonably believe violates law, these Terms, or third-party rights.

8. Intellectual property

The Operators and their licensors own all right, title, and interest in the Service, software, models, interfaces, documentation, and related intellectual property. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription term. As between you and the Operators, you own the reports and content generated specifically for you from your inputs, to the extent permitted by applicable law and third-party terms, and we retain all rights in the underlying models, systems, templates, and our intellectual property. Because of the nature of AI, output may not be unique and may be similar to output provided to others. If you provide feedback, you grant us a perpetual, royalty-free license to use it. "AI Native", our names, and logos are our trademarks and may not be used without prior written consent.

9. Fees, billing, and credits

Access to certain features requires payment of fees as displayed at checkout, in your account, or in an order form, which may be subscription-based, usage-based, or credit-based. Where the Service uses prepaid credits, those credits are purchased in advance, consumed as you use metered features such as scans, are non-transferable except as we allow, may expire as stated at purchase, and have no cash value except as required by applicable consumer law. You authorize us and our payment processors to charge your designated payment method and must keep billing information current. Fees are exclusive of applicable taxes, including GST, which you are responsible for unless we are required to collect them. We may change fees on renewal or with notice for ongoing subscriptions. Except where required by applicable law, or as expressly stated in writing, fees and purchased credits are non-refundable; partial use, dissatisfaction with output, downtime, or change of mind does not entitle you to a refund.

10. Third-party services and AI engines

The Service relies on third-party services, including cloud infrastructure, payment processors, email delivery, AI model providers, and search-data providers, and it measures answer engines operated by third parties. Your use of those third-party services may be subject to separate terms. To the maximum extent permitted by applicable law, we disclaim liability for the acts, omissions, outages, latency, policy changes, model updates, pricing changes, or discontinuation of any third-party service or answer engine, including changes that affect measurement availability or quality. We may substitute or change underlying providers without notice, provided we continue to offer the Service in substantially similar form.

11. Availability

The Service is provided on an "as is" and "as available" basis. Unless expressly agreed in a signed enterprise agreement, we do not guarantee uninterrupted availability, response times, error-free operation, or specific performance levels. We may perform scheduled or emergency maintenance that causes interruptions, and may suspend the Service for maintenance, security, legal compliance, suspected abuse, non-payment, or force majeure. You are responsible for maintaining your own backups and workflows.

12. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Operators and their affiliates, officers, employees, and agents disclaim all warranties, whether express, implied, or statutory, including warranties of accuracy, completeness, or reliability of the Service or its output, merchantability, fitness for a particular purpose, non-infringement, and uninterrupted, secure, or error-free operation, and that the Service will meet your requirements or change how any AI engine treats your brand. Some jurisdictions do not allow the exclusion of certain warranties, in which case exclusions apply only to the extent permitted, and statutory rights that cannot be excluded remain unaffected. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

13. Limitation of liability

To the maximum extent permitted by applicable law, the Operators and their affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, business, data, goodwill, or reputation, arising out of or relating to the Service or these Terms. Our total aggregate liability arising out of or relating to the Service shall not exceed the total fees you actually paid to us for the Service in the three months immediately preceding the event giving rise to the claim. These limitations apply to all causes of action, whether in contract, tort, or otherwise, even if a remedy fails of its essential purpose. Nothing in these Terms limits liability that cannot be limited under applicable law, including for fraud, wilful misconduct, or statutory rights under the Consumer Protection Act, 2019, where applicable.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Operators and their affiliates, officers, employees, and agents from and against any claims, losses, damages, liabilities, penalties, costs, and expenses, including reasonable legal fees, arising out of or relating to your content, your use or misuse of the Service, your reliance on or publication of AI output without adequate review, your violation of these Terms, law, or third-party rights, and any third-party claim connected to your content or conduct. We will notify you of such claims and allow you to control the defense with competent counsel, and you may not settle a claim that admits fault by or imposes obligations on us without our prior written consent, not unreasonably withheld. This section survives termination.

15. Data protection and international processing

Our collection, use, storage, and protection of personal data are described in our Privacy Policy, incorporated by reference. We process personal data in accordance with applicable law, including the Digital Personal Data Protection Act, 2023, and the Information Technology Act, 2000. The Service operates on cloud infrastructure and uses AI and search-data providers that may be located outside India. By using the Service, you acknowledge and consent, to the extent permitted by applicable law, that your content and associated data may be transmitted to, processed by, and stored on infrastructure and providers located outside India, in jurisdictions whose data-protection standards may differ. Where you submit personal data of other individuals, you represent that you have obtained the consents and provided the notices required for such processing and transfer. Unless expressly agreed in a separate signed agreement, we do not guarantee that your data will be stored or processed within any particular country or region, and you must not submit data subject to data-localization requirements through the Service unless expressly permitted in writing.

16. Term and termination

These Terms commence on your first access or account creation and continue until terminated. You may stop using the Service and close your account at any time. We may suspend or terminate your access immediately or on notice if you breach these Terms, if we are required to do so by law, if your use creates security, legal, or reputational risk, or if fees are overdue. On termination, your right to access the Service ends, outstanding fees become due, unused credits expire without refund except as required by law, and we may delete your content after any post-termination retention period stated in the Privacy Policy. You are responsible for exporting your content before termination.

17. Changes to these Terms

We may modify these Terms from time to time. We will provide notice of material changes by posting updated Terms on the Platform, by email to your account address, or by other reasonable means before the effective date, except where immediate change is required by law or for security. Your continued use after the effective date constitutes acceptance.

18. Governing law and disputes

These Terms are governed by the laws of India, without regard to conflict-of-law principles. Subject to the arbitration provision below, the courts at Mumbai, Maharashtra, India shall have exclusive jurisdiction over disputes. Before initiating proceedings, except for interim or injunctive relief, the parties will attempt in good faith to resolve disputes through written notice and negotiation for thirty days. If unresolved, any dispute shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, with the seat at Mumbai, conducted in English before a sole arbitrator, applying Indian law. Nothing in this section limits non-waivable rights under the Consumer Protection Act, 2019, where applicable.

19. General

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and the invalid provision will be modified to the minimum extent necessary to make it valid. Our failure to enforce any right is not a waiver. You may not assign these Terms without our prior written consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. These Terms, together with the Privacy Policy and any applicable order form or signed agreement, constitute the entire agreement between you and the Operators regarding the Service. Neither party is liable for delay or failure to perform, other than payment obligations, due to events beyond reasonable control.

20. Contact

For questions about these Terms, contact the operators of this Platform at [email protected].

This document is a working draft pending legal review.