Terms of Service

1. Parties, definitions and acceptance

1.1 These terms of service (the “Terms”), together with the Privacy Policy, constitute the agreement (the “Agreement”) between MentionLift Ltd, a company incorporated in England and Wales under company number 17438016, whose registered office is at 66 Paul Street, London EC2A 4NA, United Kingdom, trading as MentionChecker (“MentionChecker”, “we”, “us”), and the person or entity that opens an account (“you”, the “Customer”).

1.2 In these Terms: the “Service” means the MentionChecker web application, its website, and any associated interface or documentation; an “AI Engine” means a third-party generative AI or AI-assisted search product whose answers the Service observes, currently ChatGPT, Google AI Overviews, Gemini and Perplexity; a “Check” means one run in which the Service puts a set of questions to one or more AI Engines for one Brand in one market and records the answers; a “Brand” means a website and the name, description, questions and settings you attach to it; “Credits” means the prepaid units described in clause 7; “AI Output” means an answer, citation, source list or other material returned by an AI Engine in the course of a Check, and anything the Service derives from it; and a “Report” means the presentation of a Check's results to you.

1.3 By opening an account, running a free Check, buying Credits, or otherwise accessing or using the Service, you accept these Terms and they take effect between us. If you do not accept them you must not use the Service.

1.4 Clause headings do not affect interpretation. “Including” and “in particular” are without limitation. A reference to a statute includes its amendments and re-enactments.

2. Eligibility: business use only

2.1 The Service is supplied solely for business, professional and organisational purposes. It is not offered to consumers and is not intended for personal, family or household use.

2.2 This restriction concerns purpose and not scale or legal form. A sole trader, freelancer, independent consultant, agency, charity, school, university, club, studio or public body is a business user for the purposes of these Terms, whether or not incorporated and whether or not it trades. The determining factor is that a Check is run for the purposes of an organisation or a professional activity, and not for private curiosity.

2.3 You represent and warrant that you are acting wholly or mainly for purposes relating to your trade, business, craft, profession or organisation; that you are aged 18 or over; and that, where you contract on behalf of an entity, you have authority to bind it. Legislation conferring rights exclusively on consumers does not apply to this Agreement.

2.4 If you are unable to give the warranty in clause 2.3 you may not use the Service, and we may terminate the account under clause 18.

3. Nature of the Service

3.1 Independence from the AI Engines. MentionChecker is not affiliated with, endorsed by, sponsored by, certified by, partnered with or otherwise connected to OpenAI, Google, Perplexity, or the operator of any other AI Engine. “ChatGPT”, “Google”, “Gemini”, “Perplexity” and associated marks are the trademarks of their respective owners and are used solely nominatively, to identify the products whose answers the Service observes. No sponsorship, endorsement or association is asserted or implied, and you shall not assert or imply one.

3.2 Function. The Service reads the publicly accessible pages of the website you give it, proposes questions that people are likely to put to an AI Engine about what you do, puts the questions you approve to the AI Engines you select, and reports whether and how the answers mention your Brand, what else they mention, and which sources they cite. It is a measurement and reporting tool in respect of answers that the AI Engines generate for anyone who asks.

3.3 What the Service does not do. The Service does not alter, influence, optimise, submit to, or otherwise act upon any AI Engine, and we make no representation that it can. It does not sign in to any AI Engine as you or on your behalf, does not use your account with any AI Engine, and takes no action on any third-party platform other than putting a question and reading the answer. It reads only web pages that are publicly accessible to an ordinary unauthenticated visitor and does not defeat, bypass or circumvent any access control, authentication requirement, paywall or technical protection measure.

3.4 No supply of data. MentionChecker is not a data broker, dataset vendor, content syndicator, archive or scraping service. Credits confer access to the Service and a right to use Reports as set out in clause 11; they confer no proprietary interest in AI Output or in any third-party material. We do not sell, licence, syndicate or make available AI Output, or any corpus or compilation derived from it, to any person other than the Customer for whom it was obtained, and AI Output is not used by us to train machine-learning models.

3.5 Ownership of AI Output and third-party material. AI Output is generated by third parties and, to the extent any rights subsist in it, those rights belong to the relevant AI Engine operator, to the sources it drew on, or to their authors, under the terms of the platform that produced it. We assert no ownership of AI Output and grant you no rights in it beyond the use of your Reports permitted by clause 11. Extracts of third-party web pages and citations are displayed for the purpose of identifying and locating source material.

3.6 Variation of the Service. We may add to, modify, restrict or withdraw any feature of the Service at any time, including the set of AI Engines available and the markets offered, and including in response to a change made by an AI Engine operator or any other third party. Where a change materially reduces functionality for which you hold unspent Credits, we will give notice. A change required by the act or omission of a third party does not constitute a breach of this Agreement and does not give rise to any refund except as provided in clause 7.

4. No warranty as to results, coverage or stability

4.1 AI Engines are third-party systems over which we have no control. They are non-deterministic by design: the same question put twice may be answered differently, with different names, in a different order, or not at all, without anything about your Brand having changed. Their operators alter models, indexes, interfaces, rate limits and availability without notice, and may block or restrict access.

4.2 A Check is a measurement at a moment. We do not warrant that a Check will mention your Brand, that a later Check will be consistent with an earlier one, that any AI Engine will return an answer to any question, that the answers observed by the Service are the answers any particular person would receive, or that any commercial or other outcome will follow from use of the Service. An AI Engine returning no answer, a partial answer or an answer that does not mention your Brand is a finding, not a fault in the Service.

4.3 No uptime commitment, service level agreement, service credit or availability guarantee is given. Any figure published by us concerning speed, coverage, engine availability or typical results is a description of measured typical performance; it does not constitute a warranty, condition or representation and does not form part of this Agreement.

5. Automated and third-party content

5.1 AI Output is machine-generated by third parties and is presented to you exactly as, or extracted from what, the AI Engine returned. It is not a statement of fact by us. It may be inaccurate, incomplete, out of date, misleading, biased, offensive, defamatory, or infringing of a third party's rights, and it may name people, companies and products in ways that are wrong. We do not review, verify, endorse or adopt AI Output, and its inclusion in a Report is not a representation by us that it is true.

5.2 The Service additionally uses automated systems, including third-party language models, to propose questions, to identify the names an answer mentions, to classify the sources it cites and to compute counts and rankings. Those are estimates and may be wrong in either direction, including by attributing a mention to the wrong brand, by missing a mention, or by treating two names as one.

5.3 You are solely responsible for any act or omission undertaken in reliance on a Report. You must not represent AI Output, or any count, rank or classification produced by the Service, as a finding of fact by us or as a finding of fact concerning any person, and you must not use it as the sole basis for any decision producing legal effects concerning an individual or similarly significantly affecting an individual.

6. Accounts and the people you invite

6.1 An account is opened with an email address. There is no password: sign-in is by a one-time link sent to that address, or by Google. Anyone who can read that inbox, or who is signed in to that Google account, can enter your account. You are responsible for keeping the inbox secure, for every action taken under your account, and for telling us promptly if you believe it has been accessed without authority.

6.2 You may invite other people into your account and assign them a role. You warrant that you are entitled to give us their email address for that purpose. Every person you admit acts under your account; their acts are your acts for the purposes of this Agreement, and you are responsible for removing anyone who should no longer have access. The account owner alone may buy Credits, export the account's data and delete the account.

6.3 You shall supply accurate information and keep it current. We may refuse, suspend or close an account that we reasonably believe was opened with false information, on behalf of a person who is not entitled to use the Service, or in order to obtain free Credits more than once.

7. Credits, payment, expiry and refunds

7.1 The unit. The Service is prepaid. One Credit is consumed each time one question is put to one AI Engine once. A Check therefore costs the number of questions multiplied by the number of AI Engines selected, and the cost of a Check is shown to you before you confirm it. Credits are bought in packs at the prices shown on our website, in United States dollars, exclusive of value added tax and any other applicable tax, which you shall pay in addition. Payment is collected by our payment processor; we do not receive or store payment card details.

7.2 No subscription. Nothing renews. We do not charge a payment card on a recurring basis, and there is no minimum spend. A repeat schedule under clause 7.6 is paid from your existing balance and not by a further charge.

7.3 Expiry. Credits expire twelve months after the date of the purchase in which they were bought, whether or not used, and are consumed oldest first. Free Credits do not expire. We will write to the email address on your account before purchased Credits are due to expire. Expired Credits are not refunded and are not reinstated.

7.4 No refunds. Credits are non-refundable, including Credits that have been bought and not yet spent. Subject to clause 16.1, no refund, credit, set-off or apportionment is given in any circumstances, including: dissatisfaction with what the AI Engines said; a Check that mentions your Brand less than you expected or not at all; an AI Engine being unavailable, restricted, altered or withdrawn; the modification or withdrawal of a feature under clause 3.6; expiry under clause 7.3; and suspension or termination under clause 8.3 or clause 18. Free Credits have no cash value. We may, at our sole discretion and without being obliged to, refund a purchase from which no Credit at all has been spent; any such refund is net of the payment processing costs we cannot recover.

7.5 Failed questions and questions without an answer. If a question cannot be put to an AI Engine because of a fault on our side or because the AI Engine could not be reached, the Credit for that question is not consumed, or if already consumed is returned to your balance. That return is your sole remedy in respect of a Check that does not complete. A question that was put to an AI Engine has been performed and its Credit is consumed whatever the AI Engine returned, including an answer that does not mention your Brand, a partial answer, and a response in which the AI Engine declined or omitted to produce an AI-generated answer for that question, as Google does for some searches; each of those is a finding that the Report records.

7.6 Repeat schedules. You may instruct the Service to repeat a Check daily, weekly or monthly for a number of runs. Each run consumes Credits at the rate in clause 7.1 as it runs. If your balance is insufficient for the next run, the schedule pauses and we notify the account owner; nothing is charged. You may pause or cancel a schedule at any time; Credits consumed by runs already performed are not returned.

7.7 Free Credits. We may grant free Credits to a new account, once, on terms and in an amount we set and may vary or withdraw at any time. Free Credits may be limited to particular AI Engines or numbers of questions. Opening more than one account in order to obtain free Credits more than once is a material breach.

7.8 Price variation. We may vary the price of Credits at any time. A variation does not affect Credits already bought.

7.9 Payment disputes. You shall notify us at legal@mentionchecker.com before disputing any charge with your card issuer or payment provider. Initiating a chargeback or payment dispute without having done so is a material breach of this Agreement; we may suspend the account immediately, cancel the Credits bought in the disputed transaction, and recover the amount charged back together with any fee imposed by our processor and the reasonable costs of recovery.

8. Acceptable use

8.1 You are responsible for your use of the Service and for every website, question, name and setting you supply. You shall supply accurate account information; comply with all applicable law, including data protection, privacy, advertising, marketing and competition law; and comply with the terms of any AI Engine and any other third-party platform in respect of any use you make of a Report.

8.2 You shall not use the Service, or any output of the Service:

• to check a website you have no legitimate interest in, including in order to obtain information about a competitor's standing under the guise of checking your own Brand where the Brand is not yours or your client's;
• to monitor, track, profile or compile a record concerning an identified individual, or to configure a Brand or a question by reference to a private individual rather than an organisation, product, place or activity;
• to harass, defame, intimidate or retaliate against any person, or to generate or amplify false or misleading statements about any person, company or product;
• to resell, sublicense, redistribute, syndicate or otherwise supply the Service, Credits or AI Output to any person outside your organisation or your clients, or to operate a service for third parties by means of it, other than by sharing a Report under clause 9;
• to develop, train, fine-tune, evaluate or benchmark a machine-learning model, or to assemble a dataset, corpus or archive of AI Output;
• to develop or assist in the development of a product competing with the Service, or to benchmark the Service for that purpose;
• to access the Service by automated means otherwise than through an interface published by us, to circumvent any limit, quota or free allocation, to probe or test its security, or to reverse engineer, decompile, disassemble or copy it;
• in a manner that would place us in breach of the terms of any AI Engine, including by attempting to cause an AI Engine to produce material that its operator prohibits; or
• in contravention of applicable sanctions, export control or anti-bribery legislation.

8.3 We may suspend or terminate an account immediately, with or without notice, where we reasonably consider that this clause has been contravened or that continued provision would expose us to legal, regulatory or reputational risk, including a demand, restriction or complaint from an AI Engine operator. We will ordinarily state the ground relied upon. No refund arises on suspension or termination under this clause.

9. Reports, sharing and publication

9.1 You may give a Report a link. Anyone who has that link can read the Report without signing in. A shared Report names other companies and products and states how often the AI Engines mentioned them. You alone decide whether to create a link and whom to give it to, and you are responsible for everything that follows from a link being shared, forwarded or discovered. We ask search engines not to index shared Reports, but a link is not a secret. You may revoke a link at any time, and we may disable a link that is being misused or that is the subject of a notice under clause 10.

9.2 If you publish, quote or rely on a Report outside your organisation, including in marketing, in a pitch, or in a statement about a competitor, you do so on your own responsibility. You shall not present a Report as a statement by us, as an endorsement by us or by any AI Engine operator, or as a finding of fact about any third party; you shall not remove or obscure the notices in a Report that identify AI Output as machine-generated; and you shall verify independently any statement about a third party before you publish it.

9.3 You may download a Report and the data in your account in the formats the Service provides, for your own and your clients' use in accordance with this Agreement.

10. Notice and takedown

10.1 Any person who considers that material held or displayed by the Service should not be — including a company or individual named in a Report, an author or rights holder of a page the Service has read or cited, and the operator of an AI Engine or other platform — may give notice to legal@mentionchecker.com, identifying the material by link or by a description sufficient to locate it and stating the ground of objection. No account with us is required.

10.2 We will review any such notice without undue delay and, where it is well founded, remove or restrict the material, disable a shared link, or cease to put a particular question, as appropriate. Requests concerning personal data are additionally handled under the Privacy Policy. We may inform the Customer concerned of a notice affecting their account.

10.3 We maintain no archive of third-party web content beyond what is needed to produce a Customer's Reports. Material derived from a Customer's Checks is retained only for as long as that Customer's account and Brands exist, and is deleted with them.

11. Your content, Reports and intellectual property

11.1 As between the parties you own the website address, names, descriptions, questions and settings you supply (your “Configuration”), and you grant us a non-exclusive, worldwide, royalty-free licence to use it to the extent necessary to provide, maintain, secure and improve the Service, including by transmitting it to the AI Engines in the course of a Check.

11.2 You warrant that you are entitled to submit your Configuration, that the website you give us is yours or your client's or one you otherwise have a legitimate interest in checking, and that the Checks you instruct are lawful.

11.3 Subject to this Agreement, you may use your Reports for any purpose, including commercially. Your right to use a Report is subject to clause 3.5 as regards the AI Output it contains, to clause 9 as regards publication, and to the terms of the AI Engine operators as regards their outputs.

11.4 We may use aggregated and de-identified information concerning use of the Service — for example how long Checks take, how often an AI Engine answers, and which sources are cited across all Customers — to operate, secure, improve and describe the Service. Such information does not identify you, your Brand or your Configuration. We will not name you or your Brand in anything we publish without your prior consent.

11.5 All intellectual property rights in the Service, the software, our question generation, extraction and ranking methods, our brand and all materials created by us are and remain our property. Nothing in this Agreement operates to transfer any such right. If you give us feedback or suggestions we may use them without obligation.

12. Third-party services

12.1 The AI Engines are operated by third parties under their own terms, as are the payment and sign-in services you use to pay us and to sign in with Google.

12.2 We are not responsible for the acts, omissions, outages, alterations, pricing, policies or decisions of any third party, including an AI Engine operator's decision to change, restrict, price or withdraw access, and no such matter constitutes a breach of this Agreement by us. Where a third party's act prevents a Check, clause 7.5 applies and is your sole remedy.

13. Data protection

13.1 The Privacy Policy forms part of this Agreement and governs our handling of personal data. We act as controller in respect of your account information, our billing and operational records, and the public web content and AI Output the Service processes in order to provide it. Where your Configuration causes us to process personal data on your behalf, we act as processor and process only on your documented instructions; our processing terms for that role are available on request from privacy@mentionchecker.com.

13.2 You warrant that you have a lawful basis for any Check you instruct that involves personal data, including the email addresses of the people you invite, and that you will respond to any request made by a data subject arising from it.

14. Suspension and maintenance

14.1 We may suspend the Service, in whole or in part, for maintenance, for security, to comply with law or the demand of a competent authority, or where an AI Engine is unavailable. We will try to give notice of planned maintenance. Credits are not consumed while the Service is suspended, and a scheduled run that cannot proceed is deferred.

15. Disclaimer of warranties

15.1 To the fullest extent permitted by law the Service is provided “as is” and “as available”, and all warranties, conditions, terms and representations, whether express, implied or statutory, are excluded.

15.2 Without limiting clause 15.1, we do not warrant that the Service will be uninterrupted, timely, secure or error-free; that any Check will complete, or complete within any period; that any AI Output, count, rank, classification, suggested question or identified competitor is accurate, complete or current; that a Report reflects what any particular person is told by any AI Engine; or that the Service will meet your requirements or achieve any result. The implied terms as to satisfactory quality, fitness for a particular purpose, merchantability and non-infringement are excluded.

15.3 No statement, whether oral or written, obtained from us or by means of the Service creates any warranty not expressly set out in this Agreement.

16. Limitation of liability

16.1 Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

16.2 Subject to clause 16.1, we shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any indirect, incidental, special, consequential, punitive or exemplary loss; for loss of profit, revenue, business, contract, opportunity, anticipated saving, goodwill or reputation; for loss or corruption of data; for any loss arising from the content of AI Output or from any act or omission taken in reliance on a Report; or for any loss arising from the act, omission, alteration or unavailability of any third party, including an AI Engine operator — in each case whether or not we were advised of the possibility of such loss.

16.3 Subject to clause 16.1, our total aggregate liability arising out of or in connection with this Agreement and the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the lesser of (a) the amount actually paid by you to us in the three months immediately preceding the event giving rise to the claim, and (b) one hundred United States dollars (US$100). This limit applies in aggregate to all claims taken together and not to each claim separately.

16.4 No claim may be brought more than twelve months after the date on which the claimant first became aware, or ought reasonably to have become aware, of the facts giving rise to the claim.

16.5 You acknowledge that the allocation of risk in clauses 4, 5, 15 and 16 is reflected in the price of Credits, and that we would not enter into this Agreement on the terms stated without it.

17. Indemnity

17.1 You shall defend, indemnify and hold harmless MentionChecker and its officers, employees and contractors against all claims, demands, proceedings, losses, damages, fines, penalties, liabilities and costs (including reasonable legal fees) arising out of or in connection with: your use of the Service; the websites, questions and names you supply; any act or omission undertaken in reliance on a Report; your sharing, publication or quotation of a Report or of AI Output; your breach of this Agreement; your breach of applicable law, including data protection, privacy, advertising and competition law; your breach of the terms of any AI Engine operator or other third party; and any claim brought by a person or company named in, or whose material is cited in, a Report you shared or published.

17.2 We shall notify you of any such claim and may at our election assume conduct of its defence at your cost. You shall not settle any such claim in a manner imposing any obligation, liability or admission upon us without our prior written consent.

18. Term and termination

18.1 This Agreement continues for so long as you hold an account. You may delete your account at any time from within the Service or by asking us.

18.2 We may suspend or terminate this Agreement or your account immediately on written notice for material breach, under clause 6.3 or clause 8.3, or where required to do so by law, by a competent authority, or by a third party upon which the Service depends.

18.3 We may also terminate this Agreement for convenience on not less than 30 days' notice to the email address on your account, including if we withdraw the Service. In that case, and only in that case, we will refund the price paid for purchased Credits that remain unspent and unexpired at the date of termination.

18.4 On termination your access ceases, any schedule stops, unspent Credits lapse except as provided in clause 18.3, and your data is deleted in accordance with the Privacy Policy.

18.5 Clauses 3, 4, 5, 7.4, 7.9, 9.2, 10, 11, 15, 16, 17, 21 and 22, and any other provision which by its nature is intended to survive, continue in force following termination.

19. Variation of these Terms

19.1 Each version of these Terms bears a version number and effective date, stated at the head of this page. The version applicable to any matter is the version in force at the material time; the version in force when you bought a pack of Credits governs that purchase.

19.2 Amendments which correct, clarify, or which neither reduce your rights nor increase your obligations, take effect on publication.

19.3 A material amendment takes effect not less than 30 days after notice is sent to the email address on your account. A material amendment does not reduce the Credits you hold or the period for which they are valid.

19.4 If you do not accept a material amendment you must stop using the Service before it takes effect and may delete your account. Continued use of the Service on or after the effective date constitutes acceptance. No refund arises by reason of an amendment to these Terms.

19.5 Superseded versions are retained and are available on request from legal@mentionchecker.com.

20. Force majeure

Neither party shall be liable for any failure or delay in performance caused by an event beyond its reasonable control, including act of God, war, civil commotion, industrial action, failure of a utility or telecommunications network, cyber attack, act of government, and the act, omission, restriction, rate-limiting, suspension, repricing or termination of access by any AI Engine operator or other third party upon which the Service depends.

21. General

21.1 Entire agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior arrangements between them relating to its subject matter. Each party acknowledges that it has not relied on any statement, promise, representation, assurance or warranty not set out in this Agreement, and neither party shall have any claim for innocent or negligent misrepresentation based on any statement in this Agreement.

21.2 Assignment. You may not assign, transfer or otherwise deal with this Agreement without our prior written consent. We may assign, transfer or novate this Agreement, in whole or in part, to any successor to our business or to the assets to which it relates, on notice to you.

21.3 Third party rights. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms, save that clause 17 may be enforced by any person named in it.

21.4 Severance. If any provision is or becomes invalid or unenforceable it shall be modified to the minimum extent necessary to render it valid and enforceable; if such modification is not possible the provision shall be deemed deleted, and the remainder of this Agreement shall continue in force.

21.5 Waiver. No failure or delay in exercising any right constitutes a waiver of it, and no single or partial exercise precludes any further exercise.

21.6 Relationship. Nothing in this Agreement creates a partnership, joint venture, agency or employment relationship between the parties.

21.7 Notices. Notice to you is given to the email address on your account and is deemed received on the day of sending. Notice to us is given to legal@mentionchecker.com.

22. Governing law and jurisdiction

22.1 This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), is governed by and construed in accordance with the law of England and Wales.

22.2 The courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim. You irrevocably submit to that jurisdiction and waive any objection on the ground of venue or forum non conveniens.

23. Contact

Legal notice, abuse reports, payment disputes under clause 7.9 and notices under clause 10: legal@mentionchecker.com
Data protection: privacy@mentionchecker.com
Postal address: MentionLift Ltd, 66 Paul Street, London EC2A 4NA, United Kingdom (company number 17438016, registered in England and Wales)