Terms of service

1. Who you are agreeing with

Recomma is provided by iMerch, Inc., 21300 Dexter Dr, Cupertino, CA 95014, United States ("we", "us"). "You" means the person accepting these terms, and the company or organisation on whose behalf they accept them, if any. If you are accepting for an organisation you confirm you have the authority to bind it. You must be at least 18 years old.

2. The service

Recomma measures how AI assistants answer questions about a brand, reads the brand's website for faults, prices the market behind the questions, and reports the visits those assistants send. Answers are captured from AI products as a reader would see them, on a schedule set by your plan. They are observations of what those products said at the time, not a promise of what they will say, and not advice. We may change, add or remove features as the product develops; if we remove something material we will tell you first.

3. Your account

You are responsible for what happens under your account and for keeping its password to yourself. Tell us at once if you think it has been compromised. A workspace can have many members; each member sees everything in it, and the workspace's owner is responsible for who is invited.

4. Plans, trials and billing

Plans, prices and limits are those shown on the pricing page when you subscribe. Subscriptions are billed in advance, monthly or annually, through Stripe, and renew automatically until cancelled. Limits — brands, tracked questions, engines and sampling cadence — are pooled across a workspace and enforced by the product.

The Growth plan opens with a three-day free trial. A payment method is taken at the start and the first charge is made when the trial ends unless you cancel before then; the other plans have no trial. Prices exclude any taxes we are required to charge, which are added at checkout.

You can cancel at any time from your workspace's billing settings. Cancellation takes effect at the end of the current paid term; we do not refund the remainder of a term, except where the law requires it. When a plan lapses, sampling stops and the workspace closes. Nothing already collected is deleted, and it reappears when a plan is put back on the workspace.

We may change prices with at least 30 days' notice by email; a change applies from your next renewal after that notice. If you do not want to pay the new price you can cancel before it applies.

5. Managed services

Where you buy a managed service — pages written for your site, off-site placements, a strategist — the scope, price and term are those agreed in writing for that engagement. These terms apply to the product; the engagement's own agreement applies to the work.

6. What you may not do

• Track a brand or connect an analytics property you do not own or have the owner's permission to measure.
• Use the product to harass, defame or infringe the rights of anyone, or to break any law.
• Resell access to the product, or share one account among people who are not members of the workspace.
• Probe, scan or overload the service, evade its limits, or scrape it other than through the API and agent access we provide.
• Reverse-engineer the product or use it to build a competing measurement service.

We may suspend an account that breaks these rules, and will tell you why unless doing so would be unlawful or unsafe.

7. Your content and data

What you put into the product — brands, questions, notes, and the analytics data you connect — is yours. You grant us the licence we need to store, process and display it in order to run the service for you, and no more. We do not use your content or your analytics data to train models or to build products for anyone else. Our privacy policy says what we collect and how we handle it, and forms part of these terms.

8. Our content

The product, its design, its methodology and the reports it produces are ours or our licensors'. You may use the reports and exports for your own business, including to advise your clients, and quote them with attribution. You may not republish the product's data as a dataset or as a competing service.

9. Third parties

The product captures answers from AI products, licenses search data from vendors, and connects to Google and Stripe on your behalf. Those companies are not party to these terms, their services change without notice to us, and we are not responsible for what they say or do. Connecting Google Analytics is subject to Google's terms and to our use of that data as described in the privacy policy.

10. API and AI agents

Where your plan includes API access, or you connect an AI agent through the access we provide, everything the API or agent does is treated as done by you. Keys and grants are yours to protect and revoke. We may rate-limit or suspend access that harms the service.

11. Availability and support

We aim to keep the product available at all times but do not guarantee it. Sampling runs on a schedule and depends on third parties, so an individual capture may be late or missing. Support is by email at [email protected], during California business hours.

12. Disclaimer of warranties

The product is provided as is. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. In particular, we do not warrant that any measurement is complete or that an AI product will answer the same way twice, and nothing in the product is advice on which you should rely without your own judgement.

13. Limitation of liability

To the fullest extent the law allows, neither we nor our officers, employees or suppliers will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from these terms or the product, however caused. Our total liability for all claims in any twelve months will not exceed the amount you paid us for the product in those twelve months. Some jurisdictions do not allow these limitations, in which case they apply to the extent permitted.

14. Indemnity

You will defend and indemnify us against claims arising from your content, your breach of these terms, or your use of the product to measure a brand or property you had no right to measure.

15. Term and termination

These terms apply from the day you create an account until it is deleted. You can leave at any time by cancelling your plan and deleting your workspace or asking us to delete your account. We may terminate an account that breaks these terms, or the service as a whole with 30 days' notice, in which case we will refund any prepaid period you will not receive. Sections 7, 8, 12, 13, 14 and 16 survive termination.

16. Governing law and disputes

These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules. Any dispute that we cannot resolve informally within 30 days of one side raising it in writing will be settled by binding arbitration in California under the Commercial Arbitration Rules of the American Arbitration Association, by one arbitrator, and judgment on the award may be entered in any court of competent jurisdiction. Either side may instead bring a claim in small-claims court if it qualifies, or seek an injunction in court to protect intellectual property or prevent unauthorised use of the product. Claims are brought individually, not as a class. If you are a consumer in a jurisdiction whose law gives you rights this section cannot take away, those rights are unaffected.

17. General

These terms, the pricing page and the privacy policy are the whole agreement between us about the product. If a part is found unenforceable the rest stands. We may assign these terms to a successor of the business; you may not assign them without our consent. Notices to you go to the email on your account; notices to us go to [email protected]. We may update these terms; if the change is material we will email workspace owners at least 14 days before it takes effect, and continuing to use the product after that date means you accept it.

Contact

iMerch, Inc., 21300 Dexter Dr, Cupertino, CA 95014, United States. [email protected] for the product, [email protected] for legal notices.