Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Kognics, Inc. ("Company," "we," "us," or "our"), governing your access to and use of the VIALI AI platform, including all associated websites, applications, APIs, and services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2. Description of Service

VIALI AI provides an AI search visibility and content intelligence platform that enables users to track brand mentions across AI assistants (including but not limited to ChatGPT, Claude, and Gemini), generate AI-optimized content, benchmark competitor visibility, and integrate with analytics platforms such as Google Analytics 4 and Google Search Console.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. Account Registration and Security

To access the Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

You must be at least 18 years of age to create an account. We reserve the right to suspend or terminate accounts that we reasonably believe are being used in violation of these Terms or applicable law.

4. Subscription Plans and Billing

The Service offers various subscription plans, including free trial and paid tiers. By selecting a paid plan, you authorize us to charge the applicable fees to your designated payment method on a recurring basis (monthly or annually, as selected). All fees are quoted in United States Dollars and are non-refundable except as expressly stated herein or required by applicable law.

We may change our pricing at any time. Price changes for existing subscribers will take effect at the start of the next billing cycle following at least 30 days' notice. Your continued use of the Service after a price change constitutes acceptance of the new pricing.

5. Free Trial

We may offer a free trial period for new users. At the end of the trial, your account will be automatically downgraded to the free tier unless you select a paid subscription plan. We reserve the right to limit the number of free trials per individual or organization and to modify or discontinue the free trial offer at any time.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Transmit malware, viruses, or any code of a destructive nature
• Attempt to gain unauthorized access to the Service or its related systems
• Interfere with or disrupt the integrity or performance of the Service
• Use automated means to scrape, harvest, or collect data from the Service beyond the intended functionality
• Impersonate another person or entity
• Use the Service to send unsolicited communications or spam
• Reverse engineer, decompile, or disassemble any portion of the Service

7. Intellectual Property

The Service, including its design, code, features, documentation, and all related intellectual property, is owned by Kognics, Inc. and is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service except for the limited right to use it in accordance with these Terms.

Content you generate through the Service ("User Content") remains your property. By using the Service, you grant us a limited, non-exclusive license to process, store, and display your User Content solely to provide and improve the Service.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

9. Third-Party Integrations

The Service may integrate with third-party platforms including Google Analytics 4, Google Search Console, and AI assistant APIs. Your use of these integrations is subject to the respective third-party terms and privacy policies. We are not responsible for the availability, accuracy, or reliability of any third-party service.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF DATA OR RESULTS.

AI visibility scores, brand mention data, and content recommendations are generated using third-party AI models and automated processes. We do not guarantee the accuracy, completeness, or reliability of any data or recommendations provided through the Service.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KOGNICS, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Kognics, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, your User Content, or your violation of these Terms.

13. Termination

You may terminate your account at any time through the Service settings or by contacting us. We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including but not limited to intellectual property, limitation of liability, and indemnification) shall survive.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Wilmington, Delaware, and you consent to the personal jurisdiction of such courts.

15. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email or through the Service. Your continued use of the Service after the effective date of the revised Terms constitutes acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.

16. Contact

If you have questions about these Terms, please contact us at: