Terms of Service

1. Service Description & Key Differentiator

Our External-Data-Only Approach:

Certain AI provides AI-powered competitive intelligence services that analyze exclusively external, publicly available market data for mid-market CPG companies. Unlike traditional competitive intelligence platforms that require internal data access, we:

• Analyze only publicly available information including press releases, regulatory filings, job postings, patent applications, shipping data, and market reports
• Never require access to your internal systems, customer databases, financial records, or proprietary information
• Significantly reduce security risks and compliance barriers compared to traditional CI platforms
• Enable faster implementation without internal IT security reviews

What We Provide:

• AI-powered analysis of external competitive market data
• Predictive intelligence about competitor moves and market trends
• Supply chain risk assessment based on public information
• Automated competitive monitoring and alerting
• Strategic market insights and recommendations

2. Acceptance & Eligibility

Agreement to Terms: By accessing or using our Service, you agree to be bound by these Terms. If you are using our Service on behalf of a company, you represent that you have the authority to bind that entity to these Terms.

Eligibility Requirements:

• You must be at least 18 years old and represent a legitimate business entity
• You must use a corporate email address (no generic providers like Gmail, Yahoo, etc.)
• You must be authorized to enter into this agreement on behalf of your organization
• Our Service is designed for mid-market CPG companies and similar business entities

3. Account Management

Account Registration:

• You must provide accurate and complete business information during registration
• You are responsible for maintaining the security of your account credentials
• You must promptly notify us of any unauthorized access to your account
• One account per company/organization unless explicitly agreed otherwise

Account Responsibilities:

• You are responsible for all activities that occur under your account
• You may not share account credentials or allow unauthorized access
• You must update account information as needed to keep it current and accurate

4. Acceptable Use Policy

Permitted Uses:

Our Service is designed for legitimate business competitive intelligence purposes:

• Strategic market analysis and competitive positioning
• Supply chain risk assessment and planning
• Market opportunity identification and evaluation
• Competitor monitoring for defensive and strategic purposes
• Business development research and planning

Prohibited Activities:

You agree NOT to:

• Use our Service for illegal activities, market manipulation, or anti-competitive practices
• Attempt to reverse-engineer our AI algorithms, data sources, or proprietary methodologies
• Share account access with unauthorized parties or resell our services
• Use insights to engage in harmful competitive practices or corporate espionage
• Overwhelm our systems with excessive automated requests
• Violate any applicable laws or third-party intellectual property rights
• Use our Service to harass, threaten, or harm any individual or organization

5. Data Usage & Intellectual Property

What We Own:

• Our proprietary data analysis methodologies and insight generation processes
• The presentation format and user experience of our platform

What We Don't Own:

• The underlying AI technology (we utilize third-party AI services)
• Public data sources we analyze (owned by original publishers)
• Your business information and account data
• Industry-standard competitive intelligence methodologies

Your Rights:

• You retain full ownership of your business information and account data
• You receive reports and insights generated specifically for your company use
• You may use our insights internally for legitimate business purposes
• You own any strategic conclusions or plans you develop based on our reports

External Data Sources: All data we analyze is publicly available and owned by its original sources (government agencies, public companies, news organizations, etc.). We provide analysis and insights derived from this public information but make no ownership claims over the underlying data.

6. Privacy & Data Security

External-Data-Only Advantage:

• No Internal Data Access: We never access your CRM, ERP, financial systems, or proprietary databases
• Reduced Privacy Risk: Your confidential business information never enters our systems
• Simplified Compliance: No complex data sharing agreements or internal security reviews required
• Faster Implementation: No need for IT department approval of internal data access

What We Collect:

• Business contact information (name, email, company details)
• Account usage data (anonymized platform interaction data)
• Support communications and service feedback

Data Security:

• All data transmission is encrypted using TLS 1.2 or greater
• We implement industry-standard security measures and regular security audits
• Since we only work with external data, the risk to your proprietary information is eliminated

7. Payment Terms & Billing

Subscription Model:

• Service is provided on a monthly or annual subscription basis
• Pricing is per company/organization, not per individual user
• All fees are due in advance and are non-refundable except as required by law
• We reserve the right to modify pricing with 30 days advance written notice

Payment Processing:

• Payment is due within 15 days of invoice date
• Late fees of 1.5% per month may apply to overdue accounts
• We may suspend service for accounts more than 30 days past due
• Service restoration requires payment of all outstanding amounts plus any applicable late fees

8. Service Availability & Performance

Service Level Commitment:

• We strive for 99.5% uptime during standard business hours (Monday-Friday, 9 AM - 5 PM EST)
• Scheduled maintenance will be announced at least 24 hours in advance
• We are not liable for service interruptions due to external factors beyond our control

AI Service Limitations:

• Our AI analyzes publicly available information and cannot access private or confidential competitor data
• Predictive insights are based on pattern analysis and should supplement, not replace, human business judgment
• We cannot guarantee the accuracy or completeness of all external data sources
• Service availability may be affected by third-party data provider limitations

9. Termination & Renewal

Subscription Terms:

• Subscriptions automatically renew for successive periods unless either party provides 30 days advance notice
• Either party may terminate this agreement with 30 days written notice
• We may terminate immediately for material breach that remains uncured after 15 days written notice

Immediate Termination:

We may terminate immediately if you:

• Violate our Acceptable Use Policy
• Use our Service for illegal purposes
• Fail to pay fees for more than 30 days after written notice
• Breach confidentiality or security provisions

Effect of Termination:

• Your access to the Service will cease immediately upon termination
• You have 60 days to export any reports or insights you wish to retain
• We will delete your account data after the 60-day export period
• No refunds will be provided for prepaid, unused service periods except as required by law

10. Warranties & Disclaimers

Service Provided "As-Is": Our Service is provided "as-is" without warranties of any kind. We disclaim all warranties, express or implied, including:

• Warranties of merchantability or fitness for a particular purpose
• That our Service will be uninterrupted, error-free, or completely secure
• That AI-generated insights will always be accurate or complete
• That external data sources will always be available or current

External Data Disclaimer: Since we rely exclusively on publicly available external data, we cannot guarantee the accuracy, completeness, or timeliness of all source information. Our AI provides analysis based on available data patterns, but external data quality varies by source.

11. Limitation of Liability

Maximum Liability: Our total liability for any claims arising from or related to this agreement is limited to the amount you paid us in the 6 months immediately preceding the claim.

Excluded Damages:

We are not liable for:

• Indirect, incidental, consequential, or punitive damages
• Loss of profits, revenue, business opportunities, or expected savings
• Business interruption or competitive disadvantage
• Decisions made based on our competitive intelligence insights
• Damages resulting from external data source errors or omissions

External Data Limitation: We cannot be held liable for business decisions based on publicly available information that proves inaccurate, incomplete, or outdated, as we do not control external data sources.

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Your use of our Service in violation of these Terms
• Your violation of any applicable laws or third-party rights
• Any content or information you provide to us
• Your business decisions based on our competitive intelligence insights

13. Modifications & Updates

Terms Updates:

• We may modify these Terms with 30 days advance notice via email or platform notification
• Continued use of our Service after changes take effect constitutes acceptance
• For material changes affecting pricing or core functionality, we may provide termination rights
• Updated Terms will be posted on our website with the effective date clearly marked

Service Updates:

• We may update, modify, or discontinue features of our Service with reasonable notice
• We will strive to maintain backward compatibility when possible
• Major feature changes that affect core functionality will be announced in advance

14. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any applicable Order Forms, constitute the entire agreement between you and us regarding the Service.

Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

Governing Law: Any controversy or claim arising out of or relating to the Terms shall be settled and adjudicated exclusively by the courts of Indore in accordance with the laws of India without regard to conflict of law principles.

15. Contact Information

Legal Questions:

• Email: legal.certainai@gmail.com
• Address: MHOW, Indore, M.P., India

Technical Support:

• Email: admin@certainai.tech
• Business Hours: Monday-Friday, 9 AM - 5 PM EST