Terms of Service

Effective date: July 7, 2026
Last updated: July 7, 2026

These Terms of Service (“Terms”) are a binding agreement between you and Afluo LLC (“Afluo,” “we,” “us,” or “our”) and govern your access to and use of Visibly AI (the “Service”), including our website at getvisibly.ai, our web dashboard at visiblyai.app, and our Visibly AI application distributed through the Shopify App Store.

By creating an account, installing our Shopify app, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

If you are entering into these Terms on behalf of a company or other organization, you represent that you have authority to bind that entity, and “you” refers to that entity.

1. The Service

Visibly AI helps brands measure and improve how visible they are in answers generated by AI assistants and AI-powered search (“Generative Engine Optimization” or “GEO”). The Service analyzes your website and brand information, runs brand-relevant prompts against third-party AI models, and reports metrics such as your AI Visibility Score (AIVS), competitor comparisons, sentiment, estimated AI-driven traffic, and recommendations.

The Service is provided as software-as-a-service and evolves over time. We may add, change, or remove features. The specific prompts, AI models, data sources, and scoring methods we use may change as we improve the product.

2. Definitions

“Account” — your registration for the Service, whether created on the web app or provisioned when you install the Shopify app.
“Your Content” — the brand names, descriptions, website URLs, competitor information, and other data you submit to, or authorize us to retrieve for, the Service.
“Insights” — the scores, analyses, snapshots, recommendations, and other outputs the Service generates.
“Shopify” — Shopify Inc. and its affiliates, which operate the Shopify platform and App Store.

3. Eligibility and accounts

You must be at least 16 years old and able to form a binding contract to use the Service.
You are responsible for the information you provide, for maintaining the confidentiality of your login credentials, and for all activity under your Account.
You agree to provide accurate information and to keep it up to date.
Notify us promptly at support@getvisibly.ai if you suspect unauthorized use of your Account.

4. Visibly AI for Shopify

If you install the Service from the Shopify App Store, the following additional terms apply:

Authorization. Installing the app authorizes it to access your store using the permissions (scopes) you approve, in order to provide the Service. We access product, content, and report data, and store-level information as described in our Privacy Policy. We do not access your customers’ personal information.
Shopify is not a party to these Terms. Your use of Shopify is governed by your agreement with Shopify. We are not responsible for the Shopify platform, and Shopify is not responsible for the Service.
Billing through Shopify. If you subscribe through the Shopify app, charges are processed by Shopify’s billing system and are also subject to Shopify’s terms. See Section 5.
Uninstalling. You may uninstall the app at any time from your Shopify admin. Uninstalling cancels your Shopify-billed subscription going forward and begins the data-deletion process described in our Privacy Policy.

5. Plans, billing, and credits

Plans. The Service is offered on subscription plans with different features, limits, and prices, as described at the point of purchase. Current pricing and plan features are shown in the app or on our website and may change on a prospective basis.
Billing methods. Web subscriptions are billed through Stripe; Shopify subscriptions are billed through Shopify’s billing system. By subscribing, you authorize us (and the applicable payment provider) to charge your selected payment method for the fees, plus any applicable taxes.
Credits and usage. Certain actions — such as manually refreshing prompt runs — consume credits or count against plan limits. Scheduled runs included in your plan do not consume credits. Credit and usage rules are described in the app.
Promotional codes. Discounts and promotional codes are subject to their own terms, may be time-limited, and may be withdrawn or modified at any time.
Renewals. Subscriptions renew automatically for successive periods at the then-current price until cancelled.
Cancellation. You may cancel at any time; cancellation takes effect at the end of the current billing period, and you retain access until then.
Refunds. Except where required by law, fees are non-refundable and we do not provide refunds or credits for partial periods, unused credits, or features not used.
Non-payment. If a charge fails or an account is past due, we may suspend or downgrade your access until payment is resolved.

6. Free trials

We may offer free trials or introductory periods. Unless stated otherwise, at the end of a trial your subscription will convert to a paid plan and your payment method will be charged, unless you cancel before the trial ends. We may modify or withdraw trial offers at any time.

7. Acceptable use

You agree not to, and not to permit anyone to:

use the Service in violation of any law or third-party right, or to submit data you do not have the right to submit;
access or analyze websites or brands you are not authorized to submit, or use the Service to harass, defame, or unfairly target others;
reverse engineer, decompile, scrape, or attempt to derive the source code or underlying models of the Service, except to the extent this restriction is prohibited by law;
resell, sublicense, or provide the Service to third parties as a service bureau without our written consent;
interfere with or disrupt the integrity or performance of the Service, circumvent usage limits or billing, or attempt to gain unauthorized access;
upload malware or use the Service to transmit unlawful, infringing, or harmful content.

We may investigate and take appropriate action, including suspending or terminating Accounts, for violations of this Section.

8. Your Content

Ownership. You retain all rights in Your Content. These Terms do not transfer ownership of Your Content to us.
License to us. You grant Afluo a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and analyze Your Content, and to share it with the sub-processors listed in our Privacy Policy, solely to provide, secure, and improve the Service for you.
Your responsibility. You represent that you have the necessary rights to submit Your Content and to authorize us to retrieve and analyze the websites and information you designate.
Aggregated data. We may create and use aggregated or de-identified data derived from use of the Service (which does not identify you or any individual) to operate and improve the Service.

9. Insights, AI output, and no guarantee of results

The Insights are estimates, not guarantees. Visibly AI relies on third-party AI models and external data sources whose outputs are probabilistic, can vary between runs, and may be inaccurate, incomplete, or out of date. Scores such as the AIVS are proprietary estimates, not statements of fact.

You acknowledge and agree that:

the Service does not guarantee any particular level of visibility, ranking, traffic, sales, or business outcome;
AI-generated content and analyses may contain errors, and you should independently verify anything you rely on;
decisions you make based on the Insights are your responsibility; and
brand names, competitor references, and third-party trademarks that appear in Insights are used for identification and analysis only and remain the property of their respective owners.

10. Intellectual property

The Service — including its software, design, text, scoring methodology, and all related intellectual property, but excluding Your Content — is owned by Afluo LLC and its licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription. We reserve all rights not expressly granted. If you provide feedback or suggestions, you grant us a perpetual, royalty-free license to use them without restriction.

11. Third-party services

The Service integrates with and depends on third parties, including Shopify, Stripe, and the AI and data providers described in our Privacy Policy. Your use of those services may be subject to their own terms, and we are not responsible for their acts, omissions, availability, or content. We are not liable for any loss or damage arising from your use of third-party services.

12. Confidentiality

Each party may access non-public information of the other in connection with the Service. Each party agrees to protect the other’s confidential information with reasonable care and to use it only as needed to perform under, or exercise its rights under, these Terms, except where disclosure is required by law.

13. Disclaimer of warranties

THE SERVICE AND ALL INSIGHTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, AFLUO DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT INSIGHTS WILL BE ACCURATE OR RELIABLE.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AFLUO AND ITS OWNERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AFLUO’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

15. Indemnification

You agree to indemnify and hold harmless Afluo LLC and its owners and employees from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to: (a) Your Content; (b) your use of the Service; (c) your violation of these Terms; or (d) your violation of any law or third-party right.

16. Term and termination

These Terms apply while you use the Service.
You may stop using the Service and close your Account at any time; for the Shopify app, uninstall it from your Shopify admin.
We may suspend or terminate your access, with or without notice, if you breach these Terms, fail to pay, or if we reasonably believe your use poses a risk to the Service or others, or is required by law.
On termination, your right to use the Service ends. Sections that by their nature should survive — including Sections 8–15, 18, and 19 — survive termination. Data handling after termination is described in our Privacy Policy.

17. Changes to the Service and these Terms

We may modify the Service and these Terms from time to time. When we make material changes to these Terms, we will update the “Last updated” date and, where appropriate, notify you through the Service or by email. Changes are effective when posted (or on the stated effective date). Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree, stop using the Service.

18. Governing law and disputes

Governing law. These Terms are governed by the laws of the State of New York, United States, without regard to its conflict-of-laws rules.
Jurisdiction. Except where prohibited, you and Afluo agree to the exclusive jurisdiction of the state and federal courts located in New York for any dispute not subject to informal resolution.
Informal resolution first. Before filing a claim, you agree to contact us at support@getvisibly.ai and attempt to resolve the dispute informally for at least 30 days.
United Nations Convention on Contracts for the International Sale of Goods does not apply.

19. General

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Afluo regarding the Service and supersede any prior agreements on that subject.
Severability. If any provision is found unenforceable, the remaining provisions stay in effect.
No waiver. Our failure to enforce a provision is not a waiver of it.
Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
Export and sanctions. You may not use the Service in violation of U.S. export-control or sanctions laws, and you represent that you are not located in an embargoed jurisdiction or listed on any U.S. government restricted-party list.
Relationship. These Terms do not create any partnership, agency, or employment relationship.

20. Contact us

Afluo LLC 418 Broadway, Ste N Albany, NY 12207, United States Email: support@getvisibly.ai