These Terms of Service (Terms) govern access to and use of the website at grailanalytics.ai, the Grail Analytics platform, and all related services (together, theService), provided by Grail Analytics, a Massachusetts company (Grail Analytics, we, us).Customer, you means the individual or entity that creates an account or otherwise accesses the Service.
[COUNSEL] — the exact registered entity name and form (for example “Grail Analytics, Inc.” or “Grail Analytics LLC”) must be substituted throughout, and a registered mailing address or registered agent added. Several provisions below — Notices, and delivery of an arbitration demand — normally reference a physical address. Email-only notice is workable but needs confirming as sufficient under Massachusetts law and in every jurisdiction where we have customers.
By creating an account, clicking “I agree”, or otherwise accessing or using the Service, you accept these Terms on behalf of yourself and, if applicable, the entity you represent. If you do not agree, do not use the Service.
1. The Service
Grail Analytics is a software-as-a-service platform that analyses how third-party AI platforms — including ChatGPT, Claude, Gemini and Perplexity (together,AI Platforms) — respond to queries about a customer’s brand, products or category. The Service captures AI Platform responses to a defined set of prompts, evaluates those responses for mention frequency, positioning and sentiment, and checks factual claims within those responses against reference facts that you provide. The specific plan features, prompt volumes, scan frequency and AI Platforms covered are as described on our pricing page at the time of your subscription and may vary by plan tier.
Grail Analytics does not operate, control or influence any AI Platform. We observe and report on what AI Platforms output; we do not cause an AI Platform to say anything in particular about your brand, and we cannot guarantee any specific outcome, ranking or improvement in how an AI Platform describes you.
2. Accounts
You must provide accurate registration information and keep your login credentials confidential. You are responsible for all activity under your account, whether or not you personally took the action, except to the extent it results from our failure to secure the Service. Tell us right away at hello@grailanalytics.ai if you suspect unauthorised use of your account.
If you create an account on behalf of a company or other organisation, you represent that you are authorised to bind that organisation to these Terms, and “you” refers to that organisation.
3. Plans, fees and billing
3.1 Plans. We currently offer Starter and Pro subscription plans, each with its own prompt volume, scan cadence and price as shown on our pricing page. We may introduce, modify or retire plans over time; changes to your plan’s price or core features will be communicated to you in advance as described in Section 12.
3.2 Free trial. New subscriptions may include a free trial. A valid payment method is required to start a trial. Plans that include a trial state its length on the plan-selection screen before you enter payment details — every currently published plan offers 7 days. Unless you cancel before the trial ends, your subscription automatically converts to a paid subscription at the applicable plan price and we begin billing your payment method. If the plan you choose has no trial, your first charge occurs at sign-up.
3.3 Billing and auto-renewal. Subscriptions bill monthly in advance to your payment method on file and renew automatically each month unless you cancel before the renewal date. You authorise us and our payment processor to charge your payment method for all fees due.
3.4 Cancellation. You may cancel at any time through your account settings or by emailing hello@grailanalytics.ai. Cancellation takes effect at the end of your current billing period; you retain access through that period.
3.5 Refunds. We do not provide partial-period refunds. [COUNSEL]— this is a commercial choice the business has made, not an engineering fact. It needs confirming against consumer-protection and distance-selling rules in the jurisdictions where we actually sell, which may require a cooling-off right that overrides it.
3.6 Taxes. Fees are exclusive of taxes. You are responsible for any sales, use, VAT or similar taxes, excluding taxes on our income.
3.7 Non-payment. If a payment fails, your account enters a past-due state:your data stays readable, but configuration changes and new scans are suspendeduntil billing is resolved. If the failure is not cured within 10 days of our notice, we may suspend or terminate your access to the Service.
4. Your data and content
4.1 Customer Data. Customer Data means the reference facts, brand information, URLs, documents and other materials you or your users submit to the Service, including the ground-truth data used to fact-check AI Platform claims about your brand. You retain all rights to Customer Data. You grant us a non-exclusive, worldwide licence to host, process and use Customer Data solely to provide and improve the Service for you and as otherwise permitted by these Terms and our Privacy Notice.
What that processing actually involves, stated plainly because this is the clause that matters most in a product like this: to run the Service we send your configured prompts, the answers we collect, the ground-truth facts you supply, the pages we fetch from your website, the text of any ground-truth document you upload, and your report content to third-party AI providers on your behalf. We do not send them your account credentials or your billing details. The full picture, provider by provider, is in ourPrivacy Notice.
4.2 Your responsibility for Customer Data. You represent that you have the rights necessary to submit Customer Data to us and that doing so does not violate any law or any third party’s rights. You are responsible for the accuracy of the reference facts you provide, since our accuracy scoring is only as good as the ground truths you validate.
4.3 Service Content. Service Content means the scores, reports, dashboards, AI Platform response captures, analysis and other output the Service generates for your account. Subject to your ongoing subscription, we grant you a non-exclusive, non-transferable licence to use Service Content for your internal business purposes. We and our licensors retain all rights in the Service, the underlying software and methodology, and Service Content generally — that is, as a work product and system, independent of your specific account’s output.
4.4 Aggregated and de-identified data. We may generate aggregated or de-identified data from use of the Service across customers — for example, benchmarking or model-performance statistics — that does not identify you or your Customer Data. We own this data and may use it for any lawful business purpose, including improving the Service and publishing research.
[COUNSEL] — Sections 4.1, 4.3 and 4.4 together decide two things that were deliberately left open in the previous draft and are now being asserted, so they need confirming rather than inheriting: (1) who owns a machine-generated report is a live legal question, and 4.3 answers it in our favour; (2) the licence in 4.1 needs its scope stated explicitly — purpose, duration, sublicensing to the AI providers named in the Privacy Notice, and whether any of it survives termination. As drafted it is an unbounded grant. 4.4’s cross-customer aggregation right should also be checked against the DPA’s processing-on-documented-instructions clause.
5. Acceptable use
You will not, and will not permit others to:
- resell, sublicense or provide access to the Service to anyone outside your own organisation, without our authorisation;
- use the Service to build or support a product that competes with it;
- reverse-engineer, decompile, or attempt to extract the source code or underlying models of the Service, except where such a restriction is unenforceable under applicable law;
- scrape, systematically extract, or use automated means to access the Service beyond normal API or UI use;
- submit Customer Data you do not have the right to submit, or that is unlawful, infringing, or violates a third party’s privacy;
- interfere with the Service’s operation, attempt to bypass its access controls or other tenants’ data, run security testing against it without our written consent, or place deliberately abusive load on the Service or on the AI providers we call; or
- use the Service in a way that violates applicable law, including data protection and export control law.
We may suspend your access if we reasonably believe you have violated this section, if your account is significantly overdue, or if your use poses a security risk to us or to other customers. Where practical, we will give you notice by email first.
6. Third-party AI platforms
The Service captures and analyses output from AI Platforms we do not own or operate. We have no control over, and make no representation about, an AI Platform’s availability, accuracy, content policies, or how it may change over time. Your use of AI Platforms directly, outside our Service, is governed by that platform’s own terms, not these Terms. We are not responsible for AI Platform downtime, API changes, or discontinuation that affects our ability to deliver the Service, though we will try to notify you of material changes and adapt where we reasonably can.
7. Disclaimers
THE SERVICE, INCLUDING ALL SERVICE CONTENT, IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
What we measure, and its limits. This matters more here than in most products, so we would rather be plain about it:
- AI answer engines are non-deterministic. The same prompt can produce different answers on different days. Our measurements describe what we observed at the time we ran them, not a guaranteed or reproducible state of the world — our scoring and fact-checking are a point-in-time snapshot, not a guarantee of an AI Platform’s current or future behaviour.
- Our accuracy findings compare model claims against the ground-truth factsyou supply. If those facts are incomplete or wrong, the findings will reflect that.
- We report what models said. We do not control what they say, and we cannot promise that any measurement will improve, or that any particular visibility score or ranking will result from using the Service.
- Reports are informational. They are not legal, financial, marketing or other professional advice, and you are responsible for independently evaluating them before acting on them.
8. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: NEITHER PARTY WILL BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AROSE.
These limits do not apply to: (a) either party’s indemnification obligations under Section 9; (b) your payment obligations; or (c) liability that cannot be limited under applicable law.
9. Indemnification
9.1 By you. You will defend, indemnify and hold us harmless from third-party claims arising from: (a) Customer Data you submit; (b) your breach of Section 5 (Acceptable use); or (c) your violation of applicable law in connection with your use of the Service.
9.2 By us. We will defend, indemnify and hold you harmless from third-party claims alleging that the Service, as provided by us and used in accordance with these Terms, infringes that third party’s U.S. patent, copyright, trademark or trade secret. This does not apply to claims arising from Customer Data, your combination of the Service with something we did not provide, or your use of the Service outside these Terms.
9.3 Process. The indemnified party must give prompt written notice of the claim, let the indemnifying party control the defence and any settlement, and reasonably cooperate at the indemnifying party’s expense.
10. Confidentiality
Each party may access the other’s non-public business, technical or financial information (Confidential Information). Confidential Information includes, for you, Customer Data, and for us, the Service’s non-public methodology and technology. Each party will use the other’s Confidential Information only to perform under these Terms, and will protect it with the same care it uses for its own similarly sensitive information, and no less than reasonable care. This does not apply to information that is public through no fault of the receiving party, was already known to it, or is independently developed. Either party may disclose Confidential Information if legally required, with advance notice to the other party where practical.
11. Term and termination
11.1 Term. These Terms apply for as long as you maintain an account or otherwise use the Service.
11.2 Termination for convenience. You may cancel your subscription as described in Section 3.4. We may decline to renew, or may discontinue the Service or a plan, with reasonable advance notice.
11.3 Termination for cause. Either party may terminate immediately if the other materially breaches these Terms and does not cure within 30 days of notice, or if the other becomes insolvent or ceases operating.
11.4 Effect of termination. On termination, your access to the Service ends. We will make Customer Data available for export for 30 days following termination on request, after which we may delete it, except as needed to comply with law or as retained in routine backups. You can also export your data at any time before then, directly from your account. Where you request deletion rather than waiting for it, the retention timelines in thePrivacy Notice apply — live records removed within 30 days and purged from backups within 90 days.
11.5 Survival. Sections 3.6–3.7 (fees owed), 4.3–4.4 (Service Content and aggregated data ownership), 6–10, 11.4–11.5 and 13 survive termination.
12. Changes to these Terms
We may update these Terms from time to time. For material changes, we will notify you by email or an in-product notice at least 30 days before they take effect. If you do not agree to updated Terms, you may cancel your subscription before they take effect; continued use of the Service afterwards means you accept the changes.
13. General terms
13.1 Governing law; dispute resolution. These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-laws principles.Binding arbitration and class-action waiver: any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted by a single arbitrator, seated in Massachusetts or conducted remotely by agreement. Each party may bring claims against the other only in an individual capacity, not as a plaintiff or class member in any purported class or representative proceeding, and the arbitrator may not consolidate more than one person’s claims. Either party may instead bring an individual claim in small claims court, and either party may seek injunctive relief in court to prevent misuse of its intellectual property or Confidential Information. You may opt out of this arbitration provision by emailing hello@grailanalytics.aiwithin 30 days of first accepting these Terms, stating your intent to opt out.
[COUNSEL] — arbitration plus a class-action waiver is the route the business chose over court and venue. A handful of states and some consumer-protection contexts restrict or disfavour mandatory arbitration and class waivers, and enforceability gets more complicated if any customers are consumers rather than businesses, or are EU-based. This clause needs confirming as enforceable for our actual customer base before publication. The opt-out mechanism above also needs an operational owner — a mailbox rule alone is not a process.
13.2 Notices. We will send notices to the email on your account. You can send notices to us at hello@grailanalytics.ai. Notices are deemed given when sent, unless non-delivery is demonstrable.
13.3 Assignment. You may not assign these Terms without our consent, except to a successor in a merger, acquisition, or sale of substantially all your assets. We may assign these Terms in connection with a similar transaction. Any other attempted assignment is void.
13.4 Force majeure. Neither party is liable for delay or failure to perform, other than payment obligations, due to causes beyond its reasonable control, including internet or infrastructure outages, acts of government, or natural disasters.
13.5 Entire agreement; severability. These Terms, together with ourPrivacy Notice andData Processing Agreement, are the entire agreement between us regarding the Service and supersede any prior agreements on the subject. If any provision is held unenforceable, the rest of these Terms remain in effect, and the unenforceable provision will be replaced with one that most closely reflects its intent.
13.6 No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
13.7 Independent contractors. The parties are independent contractors. Nothing here creates a partnership, joint venture, or agency relationship.
13.8 Export compliance. You will comply with applicable U.S. export control and sanctions laws in your use of the Service, and represent that you are not located in, or a national of, a country or on a list subject to U.S. government embargo or restriction.
14. Contact
Questions about these Terms: hello@grailanalytics.ai.