Legal

Terms of Service

Last updated: May 14, 2026

1. Acceptance of these Terms

These Terms of Service (the "Terms") are a binding agreement between you ("you," "your," or "Customer") and Aergos Inc., a Delaware corporation with offices at 2810 N Church St, PMB 572280, Wilmington, DE 19802-4447, United States ("Aergos," "we," "our," "us"). They govern your access to and use of the Aergos platform, websites, applications, APIs, and related services (collectively, the "Service").

By clicking "I Agree," creating an Account, or otherwise accessing or using the Service, you agree to be bound by these Terms, our Privacy Policy, and our Acceptable Use Policy (together, the "Agreement"). If you do not agree, you may not access or use the Service.

We record the date, time, IP address, and version of these Terms accepted by each Customer as evidence of assent.

2. Eligibility and Account types

You must be at least 18 years old and capable of forming a legally binding contract. If you accept on behalf of an entity, you represent that you have authority to bind that entity, and "Customer" refers to that entity.

The Service offers the following Account types:

Small Business — single-site / single-user, designed for business owners optimizing their own website. Consumers (individuals) may register for a Small Business Account to optimize their personal or personal-business website.
Agency and Agency Pro — multi-client Accounts for agencies managing multiple end-clients' websites. Agency Pro Customers may provide their end-clients with access to a read-only branded client portal presenting reporting data selected by the Agency.
Enterprise — custom-negotiated Accounts for high-volume or specialty deployments, governed by a separate Order Form that incorporates these Terms by reference.

Agency and Agency Pro Customers may grant Service access to their own end-clients. End-clients are not parties to this Agreement. The Agency is solely responsible for its agreements with its end-clients, including any terms governing the processing of end-client data. Aergos acts as a sub-processor of end-client personal data on behalf of the Agency, subject to our Data Processing Addendum.

3. The Service; changes

The Service provides SEO analysis, content generation, competitive intelligence, site-audit, AI Visibility scanning, and related tools. Specific features available to you depend on your Account type and subscription. Current feature availability and usage allowances are posted at the Aergos pricing and features pages.

We may modify, add, or remove Service features at any time. Material reductions to a paid Customer's feature set will be communicated with at least 30 days' advance notice by email to the Account email on file, except where immediate action is required for security, legal compliance, or third-party-provider changes outside our control.

4. Subscriptions; fees; free trial

4.1 Subscription fees and billing cycle

Subscription plans are offered on a monthly or annual basis at the prices posted at the Aergos pricing page at the time of purchase. Fees are billed in advance at the start of each billing period. All fees are in U.S. dollars and exclusive of taxes, which you are responsible for.

Payment is processed by our third-party payment processor; you authorize us to charge your designated payment method for all fees, taxes, and overage purchases.

4.2 Free trial

New Customers are eligible for a 7-day free trial of a paid Subscription (the "Trial"). A valid payment method is required to start the Trial.

At the end of the Trial, your Subscription will automatically convert to paid status, and your payment method will be charged the applicable Subscription fee. You may cancel at any time before the Trial ends (see § 7) without being charged.

Only one Trial per Customer is permitted. Attempting to circumvent this limit by creating multiple Accounts is a violation of these Terms.

4.3 Price changes

We may change Subscription prices or fee structures upon at least 30 days' advance notice to the Account email on file. Price changes apply to the next billing period after the notice period elapses. If you do not agree to a price change, you may cancel before it takes effect; your sole and exclusive remedy for a price change is cancellation.

4.4 Taxes

You are responsible for all sales, use, VAT, GST, and other taxes, duties, or levies applicable to the Service in your jurisdiction, except for taxes based on our net income. We will collect sales tax where required.

4.5 Automatic renewal

Subscriptions automatically renew at the end of each billing period at the then-current published Subscription price, unless cancelled in accordance with § 7.

4.6 Promotional codes and discounts

Aergos may offer time-limited promotional codes, discount codes, or coupons ("Promo Codes") that reduce the Subscription fee for a defined period or grant access to specific features.

Eligibility. Each Promo Code is governed by the eligibility rules disclosed at the time it is offered (for example: new customers only, specific subscription tiers, single-use, multiple-use up to a stated redemption cap, valid for a stated date range). Aergos may decline to honor a Promo Code that is used in violation of those rules.
One per subscription. Unless expressly stated otherwise, only one Promo Code may be applied to a given Subscription. Promo Codes do not stack with other discounts.
No retroactive application. Promo Codes apply to charges incurred after the code is redeemed. Aergos will not retroactively credit a Promo Code to charges already processed.
Discount duration. Promo Codes may be "one-time" (applied to a single billing period), "limited-duration" (applied for a stated number of billing periods, e.g., 12 months), or "lifetime / for-as-long-as-eligible" (applied until cancellation, lapse, or other stated condition).
End of discount period. When a limited-duration Promo Code expires, the Subscription automatically renews at the then-current published list price for the applicable tier unless the Customer cancels before renewal. The end-of-discount renewal price will be disclosed at checkout when the code is applied and is included in the Customer's billing receipts.
Cancellation, lapse, and downgrade. Lifetime or for-as-long-as-eligible discounts terminate automatically and immediately if the Subscription is cancelled, lapses due to non-payment, or is downgraded to a tier where the discount does not apply. A terminated lifetime discount is not reinstated on resubscription or upgrade, regardless of the reason for the prior lapse.
Right to modify or discontinue. Aergos may modify, suspend, or discontinue any Promo Code program for future signups at any time without notice, but will not retroactively remove discounts already redeemed and in force, provided the Customer remains in continuous compliance with the conditions of the Promo Code.
Non-transferability; no cash value. Promo Codes are tied to the Account that redeems them, cannot be transferred or sold, and have no cash value.
Refunds. The standard refund policy (§ 6) applies. A Promo Code does not extend or modify the refund window.

4.7 Founding Agency Pro promotion

The first 100 Agency Pro Customers who subscribe under the Founding Agency Pro promotion ("Founding Benefit") receive a lifetime White Label Client Portal feature at no additional charge, subject to continuous active subscription. The Founding Benefit is a specific instance of a "lifetime / for-as-long-as-eligible" discount as described in § 4.6. The Founding Benefit terminates automatically if the qualifying Agency Pro Subscription is cancelled, lapses, or is downgraded. Founding slots are non-transferable and do not reopen: if a Founding Benefit is terminated for any reason, that slot is permanently retired and is not re-awarded to any other Customer.

5. Packs (one-time purchases)

The Service offers discrete unit-based "Packs" (for example, page generation packs, glossary term packs, site audit packs, analytics scan packs, and AI visibility scan packs). Pack terms are as follows:

Purchase: Packs are sold at the price posted at checkout, charged immediately as a one-time purchase.
Expiration: Each Pack expires 365 days after the date of purchase. Unused units remaining at expiration are forfeited, with no refund or extension.
Consumption order: Monthly subscription allowances are consumed before Pack units. When Pack units are drawn, they are consumed from the Pack with the earliest expiration date (first-in-first-out).
Stacking: Multiple Packs of the same type may be purchased and held simultaneously; unit balances accumulate.
No rollover: Unused units within a Subscription's monthly allowance do not roll into Packs or future months.
Non-transferability: Pack balances are tied to your Account and cannot be transferred to another Account.

5.1 White Label Client Portal add-on

Agency Pro Customers may purchase the White Label Client Portal as a paid add-on subscription at the price posted at checkout. The add-on:

Is billed in addition to the base Agency Pro Subscription fee, on the same billing cycle;
Requires an active or trialing Agency Pro Subscription; if the base Agency Pro Subscription ends, cancels, lapses, or is downgraded, the White Label add-on terminates concurrently;
May be cancelled at any time; cancellation takes effect at the end of the current billing period;
Auto-renews with the base Subscription unless cancelled;
Is non-refundable under the standard refund policy (§ 6).

The same White Label feature is also available at no additional charge to qualifying Founding Agency Pro accounts under § 4.7 (the Founding Benefit). The Founding Benefit and the paid add-on are mutually exclusive; a Founding-eligible account does not separately purchase the add-on.

6. Refunds

Subscriptions: No refunds, including partial refunds, at any time. Because a 7-day Trial is provided, the first subscription charge at Trial conversion is non-refundable. All subsequent charges are non-refundable. If you cancel, access continues through the end of the current billing period.
Packs — unused, within 72 hours of purchase: Eligible for a full refund on request, provided zero units from the Pack have been consumed. To request a refund, email [email protected] with your Account email and Pack purchase receipt within 72 hours of the purchase timestamp.
Packs — any units consumed: Non-refundable under any circumstance.
Accounts terminated for Agreement violation: No refund of any Subscription fees or Pack balances.
Enterprise Accounts: Refunds and credits, if any, are governed by the applicable Order Form.

Refunds, when granted, are processed to the original payment method and typically appear within 5–10 business days.

7. Cancellation and termination

7.1 Customer cancellation

You may cancel your Subscription at any time through your Account billing settings or by emailing [email protected]. Cancellation takes effect at the end of the then-current billing period; you retain access to paid features through that date.

Packs purchased before cancellation remain usable through their original 365-day expiration window. Cancellation does not forfeit Pack balances, but they become non-refundable as of the cancellation effective date, and their original expiration continues to run.

7.2 Suspension and termination by Aergos

We may suspend or terminate your Account immediately, with or without notice, if: (a) You breach these Terms, our Acceptable Use Policy, or any applicable law; (b) Your payment method fails and remains unpaid after reasonable dunning attempts; (c) We reasonably believe your use of the Service threatens the security, integrity, or lawful operation of the Service or third parties; (d) We are required to do so by law, regulation, or order of a governmental authority; or (e) We discontinue the Service generally (in which case we will give 30 days' notice where practicable and refund any pre-paid Subscription fees allocable to the unused portion of the current billing period, at our discretion).

Termination under (a)–(d) results in forfeiture of all unused Subscription time and Pack balances, without refund.

7.3 Effect of termination

Your access to the Service ends.
We may delete your Account data consistent with our Privacy Policy and retention schedule, except as required by law.
Sections 8, 10, 11, 13, 14, 15, 17, 19, 20, and any other provisions that by their nature should survive, survive termination.

8. Your content and data

8.1 Customer Content

"Customer Content" means any content, data, or materials you or your end-users submit to, store in, or generate through the Service, including text you provide, websites you integrate, content the Service generates on your request, and analytics data you authorize us to collect from third-party platforms (e.g., Google Search Console, Google Analytics).

You retain ownership of Customer Content. By submitting Customer Content to the Service, you grant Aergos a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, process, transmit, and display Customer Content solely to operate and improve the Service and to provide features you request.

8.2 AI-generated output

The Service uses one or more third-party large-language-model providers and AI inference services (together, the "AI Providers") to generate content on your behalf ("AI Output"). AI Output is produced by the AI Providers' models using inputs you or the Service supply. The identity of specific AI Providers may change from time to time as we optimize the Service.

AI Output is provided "as is." AI models can produce inaccurate, outdated, biased, or offensive content. You are solely responsible for reviewing AI Output before publishing, distributing, or relying on it.
You, as between you and Aergos, are the owner of AI Output generated for your Account. Aergos claims no ownership of AI Output and no right to use it outside of providing the Service.
We do not and cannot guarantee AI Output is unique, non-infringing, or suitable for any particular purpose. Do not publish AI Output without human review.
You must comply with the AI Providers' own usage terms. A current list of AI Providers and links to their applicable terms is maintained at https://www.aergos.ai/sub-processors.

8.3 Responsibility for Customer Content

You represent and warrant that:

You have all necessary rights, consents, and authorizations to submit Customer Content to the Service;
Customer Content does not infringe any third-party intellectual-property, privacy, or publicity right;
You have authority to connect any third-party service (e.g., WordPress, Google, SEMRush) on behalf of the site or account owner; and
Customer Content complies with our Acceptable Use Policy and applicable law.

8.4 Aergos Tracking SDK

The Service includes an optional JavaScript SDK (the "SDK") that Customer may install on Customer's own websites to enable AI-referral attribution, page-view analytics, and AI Visibility tracking features. By installing the SDK, Customer:

Grants Aergos permission to receive and process the data the SDK transmits from Customer's websites;
Represents and warrants that Customer has obtained any required notices and consents from its website visitors under applicable law (including GDPR, UK GDPR, ePrivacy/PECR, and CCPA/CPRA) before the SDK is loaded;
Will update Customer's own privacy notice to identify Aergos as a processor of visitor data collected via the SDK; and
Will not deploy the SDK on websites Customer does not own or operate, or on which Customer lacks authority to deploy analytics tags.

Aergos acts as Customer's data processor with respect to SDK-collected visitor data and will process such data solely to provide the Service features Customer has enabled. A current description of the data fields collected by the SDK is available in our SDK documentation and Privacy Policy § 2.6. Customer's installation of the SDK constitutes Customer's instruction to Aergos to process visitor data as described therein.

9. Acceptable Use

Your use of the Service is governed by our Acceptable Use Policy (the "AUP"), incorporated by reference. Violation of the AUP is a material breach of these Terms. Accounts terminated for AUP violation forfeit any remaining Subscription time and Pack balances without refund.

10. Third-party services

The Service integrates with and depends on third-party services for infrastructure, analytics, payment processing, communications, AI generation, and data enrichment (collectively, "Third-Party Services"). You acknowledge: (a) Your use of Third-Party Services through the Service is subject to the terms and privacy policies of those services that you directly connect; (b) You are responsible for your own compliance with those terms; (c) We are not responsible for Third-Party Services' availability, accuracy, or acts; and (d) We may update, substitute, or discontinue Third-Party Services at our discretion.

If you connect a Third-Party Service to your Account (e.g., by OAuth), you authorize us to access and process data from that service as necessary to provide the Service, consistent with our Privacy Policy. A current list of sub-processors that handle personal data is maintained in our Privacy Policy and at https://www.aergos.ai/sub-processors.

11. Intellectual property

The Service, including all software, design, text, graphics, logos, trademarks, and documentation (excluding Customer Content and AI Output), is owned by Aergos or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during the term of your Subscription, solely in accordance with these Terms.

You may not: (i) copy, modify, or create derivative works of the Service; (ii) reverse-engineer, decompile, or disassemble the Service, except as permitted by law; (iii) rent, lease, lend, sell, redistribute, or sublicense the Service; (iv) remove proprietary notices; or (v) use the Service to build a competing product.

Feedback. If you provide suggestions, comments, or ideas about the Service, you grant Aergos an unlimited, perpetual, irrevocable, royalty-free license to use and exploit that feedback for any purpose, without obligation to you.

12. Privacy

Our collection, use, and sharing of personal data is governed by our Privacy Policy, which is incorporated by reference.

If you are an Agency or Agency Pro Customer and our processing of personal data on your behalf is subject to the GDPR, the UK GDPR, or a similar data-protection law, the terms of our Data Processing Addendum (available on request at [email protected]) apply and take precedence over these Terms with respect to such processing.

13. Confidentiality

Each party ("Recipient") may access non-public information of the other party ("Discloser") marked confidential or reasonably understood to be confidential ("Confidential Information"). Recipient will: (i) use Confidential Information solely to exercise rights and perform obligations under this Agreement; (ii) protect Confidential Information with at least the same degree of care it uses for its own confidential information, not less than reasonable care; and (iii) not disclose Confidential Information to third parties except to employees, contractors, and advisors who are bound by confidentiality obligations and need to know. Confidential Information does not include information that is publicly known through no fault of Recipient, independently developed without reference to Confidential Information, received from a third party without restriction, or required to be disclosed by law.

14. Disclaimers of warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, AI OUTPUT, AND ALL CONTENT AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. AERGOS DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

AERGOS DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) AI OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, NON-INFRINGING, OR FIT FOR ANY PARTICULAR PURPOSE; (C) ANY SEO, RANKING, TRAFFIC, OR COMMERCIAL RESULTS WILL BE ACHIEVED; OR (D) DEFECTS WILL BE CORRECTED.

No SEO results guarantee. We do not guarantee any ranking, traffic, conversion, or revenue outcome.

Service levels. Except as expressly set forth in a written Order Form signed by Aergos, Aergos makes no uptime, availability, or response-time commitment.

15. Limitation of liability

(a) No indirect damages. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, HOWEVER CAUSED.

(b) Cap. AERGOS'S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL FEES PAID BY YOU TO AERGOS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100).

(c) Carve-outs. The limitations in (a) and (b) do not apply to: (i) your payment obligations; (ii) either party's indemnification obligations; (iii) your breach of § 11 (Intellectual Property); (iv) either party's breach of confidentiality obligations; or (v) liability that cannot be limited under applicable law.

(d) Allocation of risk. You acknowledge that the limitations in this § 15 are an essential basis of the bargain and reflect a reasonable allocation of risk given the fees payable under this Agreement.

16. Indemnification

By you. You agree to defend, indemnify, and hold harmless Aergos, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Customer Content; (b) your violation of these Terms, the AUP, or applicable law; (c) your infringement of any third-party right; (d) your or your end-users' use of Third-Party Services; (e) your publication or use of AI Output; or (f) your installation or deployment of the SDK on any website, including any failure to obtain required consents from site visitors.

By Aergos. Aergos will defend you from and against any third-party claim that your permitted use of the Service infringes such third party's U.S. patent, copyright, or trademark, and will indemnify you for amounts finally awarded against you or paid in settlement authorized by Aergos. This obligation does not apply to the extent the claim arises from Customer Content, AI Output, modifications not made by Aergos, combinations with other products, or your use of the Service in breach of this Agreement. Aergos's maximum aggregate liability under this § 16 is subject to the cap in § 15.

Process. The indemnified party will give prompt written notice of the claim, permit the indemnifying party to control defense and settlement, and provide reasonable cooperation.

17. Dispute resolution; binding arbitration; class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES BETWEEN YOU AND AERGOS TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND LIMITS YOUR RIGHTS IN LITIGATION.

17.1 Informal resolution

Before filing any claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

17.2 Binding arbitration

If informal resolution fails, any Dispute shall be resolved by final, binding, individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (for claims up to $250,000) or Comprehensive Arbitration Rules and Procedures (for larger claims). The seat of arbitration shall be New York County, New York. The arbitrator shall apply the laws of the State of New York.

17.3 Class-action and class-arbitration waiver

YOU AND AERGOS AGREE THAT DISPUTES WILL BE BROUGHT AND ARBITRATED ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

17.4 Small-claims carve-out

Either party may bring an individual action in small-claims court for any claim that qualifies under that court's jurisdictional limits.

17.5 Injunctive relief carve-out

Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual-property rights, confidential information, or to enforce § 11.

17.6 Consumer opt-out of arbitration

If you are a consumer, you may opt out of § 17.2 and § 17.3 by sending written notice to [email protected] with the subject line "Arbitration Opt-Out" within 30 days of your first acceptance of these Terms. The notice must include your full name, Account email, and mailing address.

17.7 Federal Arbitration Act

This § 17 is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

18. Governing law; venue

This Agreement is governed by the laws of the State of New York, excluding its conflict-of-laws principles. For Disputes not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York.

19. Modifications

We may modify these Terms from time to time. If we make material changes, we will give at least 30 days' advance notice by email to the Account email on file and/or by prominent in-Service notice. Your continued use of the Service after the effective date constitutes acceptance. Prior versions are available on request at [email protected].

20. U.S. export; sanctions; government rights

You represent that you are not located in, and you will not use the Service in, any country subject to a comprehensive U.S. embargo (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), and you are not a person identified on any U.S. Government denied-person or sanctions list.

21. Miscellaneous

Entire agreement. This Agreement (these Terms, the Privacy Policy, the AUP, any Order Form, and any DPA) is the entire agreement between the parties and supersedes all prior agreements.

Severability. If any provision is held unenforceable, the remaining provisions remain in full force.

Waiver. Failure to enforce any provision is not a waiver.

Assignment. You may not assign this Agreement without our prior written consent. We may assign this Agreement without restriction.

Notices. Notices to Aergos must be sent to [email protected] with a copy to Aergos Inc., 2810 N Church St, PMB 572280, Wilmington, DE 19802-4447, USA. Notices to you will be sent to the Account email on file.

Electronic signatures and records. You consent to receiving electronic records and communications from Aergos and to the use of electronic signatures as evidence of assent.

Force majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control.

Relationship. The parties are independent contractors. This Agreement does not create a partnership, joint venture, agency, or employment relationship.

Third-party beneficiaries. There are no third-party beneficiaries.

Contact.
Aergos Inc.
2810 N Church St, PMB 572280
Wilmington, DE 19802-4447, USA
Legal: [email protected]
Support: [email protected]
Privacy: [email protected]

End of Terms of Service v1.2.1