TERMS OF USE

Viscovery Terms of Use

Effective Date: August 10, 2026 | Last Updated: August 10, 2026

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING VISCOVERY, REQUESTING OR PURCHASING AN AUDIT, CREATING AN ACCOUNT, OR ACCESSING A REPORT, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

These Terms of Use ("Terms") are a legal agreement between you and Pepper Square Inc., a Texas corporation ("Pepper Square," "Viscovery," "we," "us," or "our"). They govern your access to and use of viscovery.ai and related websites, applications, audits, reports, communications, and services (collectively, the "Services"). Our Privacy Policy is incorporated by reference and explains how we handle personal information.

If you use the Services for an organization, you represent that you have authority to bind that organization, and "you" includes that organization. You must be at least 13 years old and legally capable of entering a contract. If you are under the age of majority where you live, you may use the Services only with permission of a parent or legal guardian. The Services are intended primarily for business use and are not directed to children under 13.

Viscovery is an AI visibility intelligence platform. Depending on the selected service or plan, the Services may analyze websites, domains, brands, keywords, competitors, content, citations, technical signals, authority signals, search information, and AI-generated responses; calculate visibility scores; and generate comparisons, recommendations, reports, roadmaps, or other outputs (collectively, "Reports"). Features, data sources, supported platforms, report formats, and deliverables may change over time.

We grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services and Reports for your internal business purposes, subject to these Terms and any order-specific conditions. No ownership rights are transferred to you except for rights you already hold in materials you submit.

You may submit a website, domain, keyword, brand, or competitor for analysis even if you are not affiliated with or authorized by the organization being analyzed. You acknowledge that an audit request does not establish that the analyzed organization is a Viscovery customer, has requested or approved the audit, or endorses Viscovery.

Viscovery may retrieve, analyze, reproduce, and display publicly available names, trade names, logos, trademarks, website imagery, content, metadata, and other brand assets to identify an analyzed entity, produce a Report, demonstrate completed audits, or explain the Services. These materials remain the property of their respective owners. Their appearance does not imply sponsorship, affiliation, participation, approval, or endorsement. We may identify displayed brands as "brands analyzed," "example audits," or similar language rather than as customers unless the brand has authorized a customer reference.

You are responsible for selecting lawful audit targets and for how you use or distribute Reports. You must not use the Services to impersonate another organization, falsely claim affiliation or endorsement, harass a person or business, misappropriate confidential information, violate contractual duties, or infringe intellectual-property, privacy, publicity, or other rights.

"Inputs" means domains, URLs, keywords, prompts, brand information, competitor information, files, text, instructions, feedback, and other materials you submit. You retain ownership of your Inputs. You grant Pepper Square and its affiliates, personnel, contractors, and service providers a worldwide, non-exclusive, royalty-free license to host, copy, transmit, adapt, analyze, display, and otherwise use Inputs as reasonably necessary to provide, secure, support, evaluate, and improve the Services; perform quality reviews; enforce these Terms; and comply with law.

You represent and warrant that you have all rights, permissions, and lawful bases necessary to submit and permit processing of the Inputs. Do not submit trade secrets, regulated data, sensitive personal information, confidential information you are not authorized to share, malicious code, or content that violates law or third-party rights.

As between you and Pepper Square, and subject to our rights in the Services, methodologies, templates, software, and pre-existing materials, you may use a Report delivered to you for your internal business purposes. Reports may contain third-party or public-source material subject to separate rights and restrictions. You may not remove proprietary notices, misrepresent a Report’s source, or resell, publish, or commercially exploit a Report as a standalone product without our written permission.

The Services use automated systems and may use third-party AI models and data providers. We may send analysis inputs to providers of website analytics, search and keyword intelligence, backlink and authority data, traffic estimates, technical data, content intelligence, competitive information, advertising data, or AI visibility signals and receive data or outputs in return.

Reports are generated using probabilistic systems, third-party data, public information, and analytical assumptions. They may be incomplete, delayed, unavailable, or inaccurate, and results may change over time. Reports are informational business tools, not guarantees of ranking, traffic, citations, sales, revenue, or recommendations by any AI system. They are not legal, financial, medical, employment, credit, insurance, or other professional advice or a substitute for independent judgment.

Authorized team members and contractors may access Inputs, Reports, and related technical information to provide support, investigate errors or misuse, validate results, improve quality, or conduct periodic or random quality audits, subject to appropriate access controls and confidentiality obligations.

Some Services may require an account; others may be accessed through report links sent by email. You must provide accurate and current information, protect credentials and report links, and promptly notify us of suspected unauthorized access. You are responsible for activity under your account or access links. Report links may expire, be replaced, or be disabled for security, operational, or contractual reasons. Earlier links may stop working when replacement links are issued.

Prices, included features, delivery terms, and any recurring or one-time billing terms are shown at checkout or in an applicable order. Unless stated otherwise, prices are in U.S. dollars and exclude taxes. You authorize us and our payment processor to charge the payment method provided for all applicable fees and taxes. Payment processors handle payment-card information under their own terms and privacy notices.

Except where required by law or expressly stated at checkout, fees are non-refundable once processing of an audit or generation of a Report has begun. If we cannot provide a materially purchased deliverable, our obligation will be limited, at our option, to reperforming the Service, providing a reasonable substitute, or refunding the amount paid for the affected deliverable. We may change prices prospectively and may suspend access for failed, reversed, disputed, or overdue payments.

You will not, and will not help another person to:

Pepper Square and its licensors own the Services, including software, interfaces, designs, workflows, scoring systems, methodologies, prompts, templates, documentation, branding, and all related intellectual-property rights. Viscovery and associated marks are owned by or licensed to Pepper Square. Except for the limited rights expressly granted, all rights are reserved.

If you provide feedback, ideas, suggestions, or feature requests, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use them without restriction or compensation, provided we do not publicly identify you as the source without permission.

The Services may depend on or link to third-party websites, AI systems, data sources, payment processors, and other services. We do not control and are not responsible for their availability, accuracy, security, terms, or practices. Third-party services may change or discontinue, which may affect Viscovery features or Reports. Your use of third-party services is governed by their terms.

Our collection and use of personal information are described in the Viscovery Privacy Policy. The design, development, testing, operation, maintenance, support, quality assurance, and execution of the platform and audits may be performed by Pepper Square personnel, affiliates, contractors, and service providers in the United States, India, and other countries. Information may be accessed and processed internationally as described in the Privacy Policy.

We may add, remove, modify, suspend, or discontinue any part of the Services, including integrations, data sources, features, limits, prices, or Report formats. We do not guarantee uninterrupted or error-free availability. We may suspend or terminate access immediately if we reasonably believe you violated these Terms, created risk or legal exposure, failed to pay, abused the Services, or if suspension is necessary for security, maintenance, or compliance.

Upon termination, your right to use the Services ends. We may delete accounts, Inputs, and Reports in accordance with our retention practices, although residual copies may remain in backups or as required by law. Provisions that by their nature should survive will survive, including payment obligations, licenses already granted, intellectual property, disclaimers, limitations, indemnity, dispute terms, and general provisions.

If you believe material available through the Services infringes your copyright or trademark rights, send a notice to support@viscovery.ai containing your contact information; identification of the protected work or mark; identification and location of the challenged material; a statement of your good-faith belief that the use is unauthorized; a statement under penalty of perjury that the notice is accurate and that you are the rights owner or authorized to act; and your physical or electronic signature. We may remove or restrict material and may notify the submitting user where appropriate.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND REPORTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." PEPPER SQUARE AND ITS AFFILIATES, LICENSORS, CONTRACTORS, AND SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES OR REPORTS WILL BE COMPLETE, CURRENT, ERROR-FREE, SECURE, OR SUITABLE FOR YOUR PURPOSE, OR THAT ANY RECOMMENDATION WILL PRODUCE A PARTICULAR RESULT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEPPER SQUARE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR OPPORTUNITIES, ARISING OUT OF OR RELATED TO THE SERVICES, REPORTS, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES, REPORTS, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO PEPPER SQUARE FOR THE AFFECTED SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) US $100. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY and do not limit liability that cannot lawfully be limited.

To the extent permitted by law, you will defend, indemnify, and hold harmless Pepper Square and its affiliates, officers, directors, employees, contractors, licensors, and service providers from third-party claims, losses, liabilities, damages, judgments, costs, and reasonable attorneys’ fees arising from your Inputs; your use or distribution of Reports; your violation of these Terms or law; your misrepresentation of affiliation, customer status, or endorsement; or your infringement or violation of another person’s intellectual-property, privacy, publicity, confidentiality, or other rights. We may control the defense and settlement of an indemnified matter, and you will reasonably cooperate.

You will comply with applicable U.S. and international export-control, sanctions, and trade laws. You represent that you are not located in, ordinarily resident in, organized under the laws of, or controlled by a prohibited jurisdiction or restricted party, and you will not use or provide the Services for prohibited purposes.

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Before filing a claim, each party will provide written notice describing the dispute and requested relief and will attempt in good faith to resolve it for at least 30 days.

Except for claims eligible for small-claims court or requests for injunctive relief concerning intellectual property, unauthorized access, or misuse of the Services, any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by JAMS under its applicable rules and the Federal Arbitration Act. Arbitration may occur by video, telephone, written submissions, or in person in Dallas County, Texas, as the arbitrator determines. YOU AND PEPPER SQUARE WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this arbitration provision is found unenforceable for a claim, that claim must be brought exclusively in the state or federal courts located in Dallas County, Texas, and each party consents to their jurisdiction.

You may opt out of arbitration by sending written notice to support@viscovery.ai within 30 days after first accepting these Terms. The notice must include your name, account or purchase email, and a clear statement that you opt out of arbitration. Opting out does not affect the remaining Terms.

We may update these Terms prospectively. We will post the updated Terms and revise the "Last Updated" date. If changes are material, we may provide additional notice as required by law. Continued use after the effective date of updated Terms constitutes acceptance, except where law requires another form of consent.

These Terms, the Privacy Policy, and any applicable order or written agreement constitute the entire agreement regarding the Services and supersede prior agreements on that subject. If an order conflicts with these Terms, the order controls only for that purchase. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. No waiver is effective unless in writing. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will continue. Headings are for convenience only. The parties are independent contractors, and these Terms create no partnership, agency, employment, franchise, or fiduciary relationship. The English version controls.

Questions, notices, and legal correspondence should be sent to:

Company
Pepper Square Inc., a Texas corporation
Product
Viscovery
Email
support@viscovery.ai
Address
13355 Noel Road, Suite 1100, Dallas, TX 75240, USA
Website
www.viscovery.ai