Last updated 11 November 2026
Terms of service
This is the agreement between you and REmomentum LLC, the company that runs Amaware, for the site at amaware.ai, the app at platform.amaware.ai, the free check, the MCP server, the API, the emails, and any service we provide you under the Amaware name. Please read it. It limits what we are responsible for, it puts the responsibility for what you publish on you, and it sends disputes to arbitration one at a time instead of to court.
The short version, which helps you read the rest and is not the agreement itself: Amaware watches what AI engines say about you, tells you what to publish, and writes it. The AI can be wrong. Nothing goes live on your site until a person on your account approves it, so you read every article before it is published and you are responsible for everything on your site. Every plan comes with a 30-day money-back guarantee on your first payment. We do not promise that any AI engine will name you, cite you or send you customers. If something goes wrong, our liability is capped at what you paid us in the last three months, and we are not liable at all for what the AI wrote or for what you published. Disputes are settled by individual arbitration under Colorado law, and you can opt out of arbitration within 30 days of signing up.
1. Who we are and what you are agreeing to
Amaware is run by REmomentum LLC, a Wyoming limited liability company. "We", "us" and "Amaware" mean REmomentum LLC. "You" means the person or the company using the Service. If you create an account for a company or use the Service for one, you confirm that you have the authority to agree to these terms for it, and "you" means that company too.
You agree to these terms when you create an account, run a free check, redeem a code, connect an AI assistant or an API key, book a demo, sign an order with us, or keep using any part of the Service after we have told you the terms changed. If you do not agree, do not use the Service.
These terms, the Privacy policy, the prices and limits shown on the pricing page on the day you subscribe, any order form or statement of work we both sign, and any policy we link from the Service are the whole agreement. If a signed order conflicts with these terms, the order wins for what it covers. Nothing anyone says in a call, an email, a demo or a sales message changes this agreement unless it is written into a signed order.
The Service is for businesses. By using it you confirm that you use it for a business or a profession, not as a consumer, and that you are at least 18 years old.
2. Words we use
- Service: everything Amaware provides: the site, the app, the free check and its reports, the daily tracking, the recommendations and briefs, the writer, the fact check, the covers, publishing, the Traffic page, the MCP server, the API, the emails, the docs, and any service we perform for you.
- Workspace: one brand inside the Service, with its prompts, competitors, answers, recommendations, articles, Knowledge and connections. An account is a root workspace plus the brands under it.
- Your Content: everything you or your team put into the Service: brand details, prompts, competitor names, files and pages you add to Knowledge, text you type into an article, your voice settings, what you tell your AI assistant to do, and the credentials of the accounts you connect.
- Output: everything the Service makes for you from Your Content and from public sources: suggested prompts, recommendations, briefs, articles, titles, descriptions, cover images, fact-check notes, template findings, and the words an AI assistant produces from our tools.
- Engine answers: what ChatGPT, Google AI Overviews, Gemini, Perplexity, Claude or any other AI engine answered when we or our data providers asked it a prompt. Engine answers are a record of what a third party said on a day. They are not our statements.
- Your Site: any website, blog, CMS or publishing account you connect to the Service or publish Output to, whether we publish there for you or you copy it over yourself.
- Agent: any AI assistant, script or program that uses the Service through your MCP connection or your API key, including Claude and ChatGPT connected through our OAuth flow.
3. Your account and your team
- Give us accurate details and keep them current. The email on the account is where legal notices go.
- Keep your password, your API keys, your site tokens and your invite links to yourself. Everything done under your login, your keys or your connections is treated as done by you until you tell us at hello@amaware.ai that something was compromised, and we have had a reasonable time to act.
- You may invite people to your account as owners, admins, editors or viewers. You are responsible for who you invite, what they do, and for removing them when they leave. A person you invite agrees to these terms by joining.
- One account per company, one workspace per brand, with the brand count your plan allows. You may not share one account across unrelated businesses, and you may not resell access or run other people's brands unless you are an agency acting with their authority, in which case section 12 applies.
- We may refuse, suspend or close an account that gives false details, is used for a business we are not allowed to serve, or is used in a way that puts the Service or other customers at risk.
4. What Amaware does, and what it does not promise
Amaware records what AI engines say when they are asked the questions your buyers ask, compares the answers to what they say about your competitors, turns the gaps into a ranked list of recommendations, writes articles and other pieces from those recommendations, publishes them to Your Site when a person on your account approves, and reads your traffic and your citations afterward. Plans differ in how much of this is included. The pricing page says what each plan does.
What we do not promise, because nobody honestly can:
- That any AI engine will name you, mention you, recommend you, cite you, or rank you, now or ever. The engines decide what they say. We do not control them, we have no arrangement with them, and they change without notice.
- That an article, a page, a reply or any other Output will bring you visitors, leads, customers, revenue, rankings or any result at all.
- That engine answers, counts, volumes, traffic numbers or citations are complete or exact. A single answer is a sample. An "asks a month" number is a vendor's estimate built from search data, never a count of questions asked to an AI. Traffic from Google Analytics is what Google reports, which misses some visits and labels others wrongly.
- That the Service runs every day without a gap. Engines block, change or go down. A capture that fails is marked missing rather than made up. We have no uptime commitment unless a signed order gives you one.
- That the Service, its recommendations or its articles amount to professional advice. Nothing in the Service is legal, financial, medical, tax, regulatory or marketing advice for your situation. Where a decision matters, ask a professional who knows your business.
The guides on amaware.ai are written with our own writer and checked by us. They are information about AI search, not advice for your business, and you use them at your own risk. Deciding whether the Service suits your business, your industry and your market is your job, not ours.
We may change, add, limit or remove features at any time, and we may offer features marked beta, preview or experimental that can change or disappear without notice. We will not make a change that removes the core of what you pay for during a paid period without telling you.
5. Trials, plans and billing
Trials
- The standard trial is seven days with a card on file. Nothing is charged during the trial. On day eight the card is charged for the plan you picked, and then each month on that date, until you cancel. Cancel before day eight and you pay nothing. A trial has lower limits than the plan, shown in the app, and ending the trial early lifts them.
- A trial opened by a code lasts the days the code says, takes no card, and ends on its own with no charge. A code is for one person, cannot be transferred, and we may cancel a code or a code trial at any time.
- One trial per company. A second trial, a trial on a new email for the same business, or a trial used to get Output you then use without subscribing is a breach of these terms.
Plans and renewals
- Plans are billed monthly in US dollars, in advance, through Stripe. We never see or store your card number. By subscribing you authorize us to charge the card on file for the plan, for any extra brand you add, and for any credits you buy, each time it falls due, until you cancel.
- A plan renews on its own each month. Cancel any time from Settings. Cancelling stops the next charge and the current month runs to its end with everything you paid for. Nothing is refunded for the part of a month you did not use, except under the guarantee below.
- A downgrade takes effect at the next renewal. If the new plan allows fewer prompts, brands or articles than you have, the extra ones pause until you fit the plan.
- Your monthly articles are an allowance that resets each billing period, pooled across the brands on one subscription. Unused articles do not carry over. Past the allowance, an article costs credits at the price shown in the app.
- Prices exclude tax. Where we must collect sales tax, VAT, GST or a similar tax, we add it to the charge. If you are exempt, send us the certificate before the charge.
- We may change a price or a limit. We email the account owner at least 30 days before a change applies to you, and it applies from the first renewal after that date. If you do not want the new price, cancel before it applies.
The 30-day money-back guarantee
- Your first month is guaranteed. If Amaware is not for you, email hello@amaware.ai within 30 days of the first charge on your subscription and we refund that charge in full, to the card it came from, within ten business days. One email is the whole process. You do not have to give a reason, and nobody will try to talk you out of it.
- The guarantee covers the first plan payment on a self-serve subscription (Starter, Pro or Growth), once per company. It does not cover renewals, credit packs, extra brands, Done for you, or any work under a signed order. We may decline a second guarantee for the same business.
- A refund under the guarantee ends the subscription the same day. The workspace pauses, and the credits that came with the plan go with it. Everything we wrote for you that you published on Your Site stays yours.
Failed payments, other refunds and disputes
- If a charge fails, we retry and email you. The workspace keeps running for a short grace period shown in the app, then pauses until the balance is paid. Articles already live on Your Site keep being served, but nothing new is written, approved or published.
- No other refunds. Apart from the guarantee above, charges are final, except where the law of your country gives you a right we cannot exclude, or where we choose to make an exception in writing. Credits, extra brands, services and code trials are not refundable. Outside the guarantee, engine outages, a feature you did not use, a result you did not get, or forgetting to cancel are not grounds for a refund.
- Question a charge within 60 days by emailing hello@amaware.ai. A chargeback filed before you have asked us is treated as a breach: we may suspend the account until the charge is settled, and you owe the reversed amount plus the fee the dispute cost us.
- Unpaid amounts carry interest at 1.5% a month or the most the law allows, whichever is lower, plus reasonable collection costs.
6. Credits
Credits pay for the tools in the Service that cost money to run, at the rate card shown in the app. Each plan includes a monthly credit allowance, pooled across the brands on one subscription. Unused allowance rolls over one month, up to twice the allowance, then expires. Credits you buy in a pack do not expire while the account is open. Credits have no cash value, cannot be transferred, sold, or exchanged for money, are not refunded when you cancel, and are lost when the account closes. A tool that fails on our side refunds its credits to the balance. A tool that ran and gave a result you did not like does not. We may change the rate card, the allowances and the rollover rule with the notice in section 5.
7. Your content and your Knowledge
Your Content stays yours. You give us a worldwide, non-exclusive, royalty-free licence to store, copy, read, process, transmit and display Your Content as needed to run the Service for you, to send it to the model providers and data providers that do the work, to publish Output to Your Site when you approve it, to support you, and to keep the Service secure. The licence ends when the content is deleted, except for copies in backups, which go within 30 days, and copies we must keep for the law or for a dispute.
You promise that, for everything in Your Content:
- You own it or have every right needed to give us the licence above, including for every file, page, logo, image, quote and document you add to Knowledge, and for the brand and competitor names you enter.
- It is accurate. The writer treats Knowledge as the truth about your business. A price, a feature, a claim or a date you put in Knowledge will be written into articles as fact. If Knowledge is wrong, the articles will be wrong, and that is on you.
- It breaks no law, no contract and no confidence. Do not add anything you are not allowed to share: someone else's confidential documents, a competitor's private materials, or content you copied without permission.
- It contains no more personal data than it needs to. Do not add health, financial, biometric, government-id, children's or other sensitive personal data to Knowledge or to an article. If you add personal data about anyone, you are the controller of it, you have the lawful basis to share it with us, and the data-processing terms in the Privacy policy apply.
- It is yours to use for marketing. If Your Content names a competitor, a customer, a partner, a person or another company, you are responsible for being allowed to use that name the way the Output uses it.
We may read Your Content to support you, to check for abuse, to keep the Service running, and, in de-identified and aggregated form, to improve the Service. We never sell Your Content, and we do not use it to train AI models for anyone else. We may remove content that we believe breaks these terms or the law, without warning where the risk is real.
8. Articles and everything else the AI writes
Output is made by AI models, from Your Content, from engine answers, from public web pages, and from what the models themselves know. We are proud of how well it works. It is still a machine writing about your business, and machines get things wrong in ways a person would not.
What can go wrong, in plain words
An article, a brief, a reply, a cover image or anything else the Service writes for you can:
- State a price you do not charge, a feature you do not have, a guarantee you do not give, or a result you cannot deliver.
- Describe a competitor in a way that is wrong, out of date or unfair, including in a way that competitor could call defamation, disparagement or false advertising.
- Invent a statistic, a study, a quote, a customer, a review, an award, a certification or a source that does not exist, or attribute a real one wrongly.
- Make a claim your industry regulates: about health, safety, money, returns, legal outcomes, insurance, housing, employment, food, alcohol, supplements, cannabis, firearms, children, or anything else a regulator watches.
- Contradict your own website, your Knowledge, your contracts or the law where you sell.
- Reuse wording, structure, names, slogans, images or ideas that belong to someone else, or come out close to what another customer of ours received.
- Be out of date by the time it goes live, or become wrong later because your business, your prices, your competitors or the law changed.
- Read as written by a machine to a reader, to a search engine or to an AI engine, and be treated by them accordingly.
- Carry an image that resembles a real person, a real product, a trademark or a copyrighted work, or that does not suit your brand.
- Be wrong in some way nobody has thought of yet.
You are the publisher
You read every piece of Output before it is published, and you decide whether to publish it. That is how the Service is built: Autopilot writes ahead, but nothing goes live on Your Site until a person on your account, a person you named to approve by email, or an Agent acting under your key, approves it. Anything the chat in the app does on your account, it does only after you press the button that names it. On plans where you copy the article over yourself, you are the one pressing publish. Whatever the plan, the moment Output is published on Your Site, sent to a customer, posted anywhere or used in any way, it is your statement, made by you, on your authority, and you are responsible for it as if you had written it yourself.
Before you publish, you must check the facts, the prices, the claims, the names, the links, the images and the legal fitness of each piece for your industry and your market. Where your industry requires a qualified person to approve marketing, that person must review it. Where the law where you publish requires you to tell readers that AI was used, or to label advertising, endorsements or comparisons, you must do that.
The fact check, the template check, the humanizing pass, the known-links filter and every other safeguard in the Service are aids that make a wrong article less likely. They are not a guarantee, they are not a review by a person, and they do not shift any responsibility to us. An article the fact check marked as passed can still be wrong.
If an Agent approves or publishes on your behalf, the Agent did it with your authority, and the approval is yours.
If you name people outside your account to approve by email, such as a client you write for, each approval they give is given with your authority and is yours too. You choose who they are, and removing them ends their approval links.
You use Output at your own risk. You accept every risk named in this section and every risk of the same kind, you agree that we have no duty to review, verify, correct or withdraw Output, and you agree that we have no liability of any kind for Output, for anything made from it, or for anything published or sent anywhere because of it.
Search engines and AI engines have rules
Google, Bing and the AI engines each publish policies about generated content, scaled content, spam, originality and review. Those policies apply to Your Site, and following them is your job. We are not responsible for a ranking drop, a manual action, a de-indexing, a lost citation, a suspended account or any other consequence a platform applies to Your Site because of what you published, how much you published, or how you published it.
Ownership of Output
As between you and us, you own the Output made for your workspace once you have paid for the period in which it was made, and we assign you whatever rights we hold in it. Three honest limits come with that. First, some Output may not be protectable by copyright at all, because a machine made it, and we make no promise that it is. Second, Output is not exclusive: the Service can give another customer something similar, and we keep the right to make, use and provide similar Output to anyone. Third, Output may contain material from public sources, from engine answers or from models trained on the open web, and we do not promise that it is original or free of anyone else's rights. We keep the right to use Output and the facts around it, in de-identified form, to run and improve the Service.
9. Publishing to your site and the accounts you connect
When you connect a site or an account to the Service, you authorize us to act on it for you, within what the connection allows, until you disconnect it. Today that means:
- Publishing sites such as WordPress, Webflow, HubSpot and a Next.js site running our content API: creating, scheduling, updating, unpublishing, publishing and trashing posts and media, reading the blog, authors, collections and fields needed to do so, and reading the page around your newest article to check it against your Knowledge.
- Google Search Console and Bing Webmaster Tools: reading your properties, performance and index state, and submitting the pages we published for indexing.
- Google Analytics: reading, never writing, the properties you choose, so the Service can show the visits behind each page.
You promise that you own Your Site and the connected accounts, or have the owner's permission to connect them and to let us publish there. The credentials you give us are stored encrypted, used only for the connection, and never shown to anyone. You can revoke them on the platform at any time, and you should, the moment you stop using the connection.
Publishing changes Your Site. We make a reasonable effort to publish cleanly, but every site, theme, plugin and host is different. We are not responsible for a layout that breaks, a post that lands in the wrong place, a duplicate, a missing image, a cache that does not clear, a plugin that conflicts, a site that goes down, or anything a platform does with a post after we hand it over. Keep backups of Your Site. We never delete or edit content on Your Site that we did not publish, except where you ask us to in writing.
Each platform has its own terms, limits and outages. A platform may change its API, suspend an account, miss a scheduled time, or reject a post, and the Service will show you what happened rather than promise it will not. If a subscription lapses, articles already live on a Next.js site keep being served through the content API until you replace the site token, so your blog does not go dark over a failed card, and nothing new is published.
10. Tracking, reports and competitor data
The Service records engine answers to the prompts you track, on the engines you pick, through our data providers and the engines' own APIs. The answers belong to the engines. We store them so you can see what was said, we show them to you with the pages they cited, and we count how often you and your competitors were named. We do not write those answers, we cannot change them, and nothing in an engine answer is a statement by us about you, about a competitor or about anyone.
Competitor data in the Service is what the engines said and what public web pages show. You add competitors, you can remove them, and you are responsible for what you do with the comparison. Do not use the Service to disparage, harass or spy on a business, and do not republish an engine's claim about a competitor without checking it, because a wrong claim on Your Site is yours, not the engine's and not ours.
The free check runs on a business domain and makes a report of what engines said about that business and the competitors the engines named. Anyone may run one for a business they are responsible for or evaluating. Reports are not listed by search engines, but anyone with the link can read one, and we may show the report to the business it is about. A report is a snapshot on a day, it is never a statement by us about the quality of any business, and we may edit, hide or delete any report at any time. If a report names your business and you want it removed, email hello@amaware.ai and we will remove it.
Counts, shares, "asks a month" numbers, keyword and citation data and traffic numbers come from our data providers and from Google. They are estimates, they lag, and they are wrong sometimes. Use them as a guide, not as a measurement you rely on for a decision with money behind it.
11. Agents, MCP and the API
Plans that include MCP or the API let your Agents read and act on your workspace: read your numbers, manage prompts, competitors and Knowledge, write briefs and articles, approve and publish them to Your Site, and spend your credits on the tools that cost credits. Every action an Agent takes with your key or your connection is your action. We do not control what your Agent decides to do, we cannot see what you told it, and we are not responsible for an Agent that publishes the wrong article, deletes a prompt, spends your credits, misreads a number or tells you something our tools did not say.
- Keep keys secret and give each Agent its own. Rotate a key at once if it may have leaked, and tell us. We may revoke a key that behaves like it has leaked.
- Rate limits, daily ceilings and spend caps apply to every key and are enforced on our side. Working around them is a breach.
- The API and the MCP tools can change. We version the API and announce removals with the notice in section 24. Code you write against them is yours to maintain.
- Do not use the API to copy the Service, build a competing product, resell our data, or pull more data than your plan allows.
- The AI assistant you connect, such as Claude or ChatGPT, is a third-party service with its own terms. What it does with the data our tools return is between you and its provider.
12. Done for you and other services
If we run Amaware for you, set it up for you, write for you, or do any other work for you, the work is described in a signed order or statement of work, billed as that order says, and governed by these terms. Everything in section 8 applies to work we do by hand too: we make no promise about results, you review and approve what goes on Your Site, and you remain the publisher. If an order gives us the authority to approve and publish for you, we do that as your agent, on your instructions, our review is a courtesy and not a warranty, the responsibility for what is published stays with you, and we have no liability for it. A client read-out, a plan or a recommendation we write for you is our opinion at the time, not a guarantee.
Done for you. Done for you is sold by a signed order and invoiced monthly, in advance, outside Checkout. The first term is three months. After that it runs month to month, and either of us may end it with 14 days' written notice, effective at the end of the month already paid for. The order says the price and how many articles a month are included (30 unless the order says otherwise). Each article is read by a person on our team before it goes live, and the approval rule above applies. Unused articles do not roll over to the next month and are not refunded; more articles cost what the order says. The price in a signed order does not change while the order runs. A change to the Done for you price on our site applies to new orders only, so the price notice in section 5 does not apply to it. Section 5's rules on tax, failed payments and disputes apply to Done for you invoices. Done for you is not refundable except as the order says, and the money-back guarantee in section 5 does not apply to it.
Agencies. If you use the Service for a client, you must have the client's authority to add their brand, their site, their accounts and their Knowledge, to publish on their site and to receive data about them. The client is your customer, not ours, unless they sign up themselves. You are responsible to us for everything done in a client's workspace, you must pass the substance of sections 4, 8, 19 and 20 on to each client, and you must cover us against a claim from a client as section 21 says.
13. Acceptable use
Do not use the Service, or let anyone use it through your account, to:
- Break a law, a regulation, a court order or someone else's rights, including intellectual property, privacy, publicity and contract rights.
- Publish or send anything that is false, deceptive, defamatory, obscene, hateful, harassing, threatening, or that promotes violence or illegal activity.
- Make claims about health, money, safety or legal outcomes that the law where you publish does not allow, or market anything to children.
- Impersonate a person or a business, or publish as someone without their authority.
- Send spam, run link schemes, publish scaled content meant to game a search engine or an AI engine, or do anything a platform's spam policy forbids.
- Add content, prompts or Knowledge designed to make the models produce something harmful, or to attack our systems, our providers or anyone else.
- Probe, scan, overload, scrape or crawl the app, the API, the free check or any part of the Service beyond what we document, or bypass a limit, a ceiling, a Turnstile check or an access control.
- Reverse engineer, copy, frame, mirror, or build a product on top of the Service except through the API as documented.
- Use the Service, its Output or its data to build, train, evaluate or benchmark a competing product, or publish a benchmark of the Service without our written consent.
- Share an account, a key, a code or a trial with a business it was not given to, or run a second trial for the same business.
- Run a free check or a report to harass a business or a person, or to pass our report off as a statement about them.
You may read our public pages with any browser, feed reader or AI assistant. Search engines and assistants are welcome to read what llms.txt and robots.txt allow.
14. What we own, what you own
We own the Service: the software, the app, the models of ranking and scoring we built, the prompts and instructions we give the AI, the designs, the docs, the trademarks, the names, the eye mark, the data we collect about engines across all our customers, and everything else in the Service except Your Content and the Output assigned to you in section 8. These terms give you a limited, non-exclusive, non-transferable right to use the Service for your business for as long as you pay for it and follow the terms. Nothing else is granted, and no right is granted by implication.
If you send us ideas, suggestions, feedback or requests, including through an Agent, you give us the right to use them without any obligation to you.
We name you as a customer, or show your logo, only with your written consent. Email us to give or withdraw it.
15. Confidentiality
Each of us keeps the other's non-public information confidential, uses it only for this agreement, and protects it with at least the care we use for our own, for as long as it stays non-public and three years after the agreement ends. This does not cover information that is public through no fault of the receiving side, that it already had, that it got from someone allowed to share it, or that it made on its own. Either of us may disclose what a court or a regulator requires, after telling the other where the law allows. Your Content and your workspace data are your confidential information. The Service, its pricing not shown publicly, its unreleased features and anything we mark confidential are ours.
16. Privacy and your data
The Privacy policy says what we collect, why, who touches it, how long we keep it and how to exercise your rights. It is part of this agreement. For the personal data of your customers, your visitors and your team that you bring into the Service, you are the controller and we are your processor, on the terms in the Privacy policy's section for customers' data. We will sign a data processing addendum with you on request.
We protect the Service with the measures described in the Privacy policy. No service is perfectly secure. You are responsible for the security of your own devices, passwords, keys, sites and connected accounts, and for telling us at once if you learn of a breach that touches the Service.
17. Services we do not control
The Service depends on companies we do not control: AI model providers such as Anthropic, OpenAI and Google, the AI engines whose answers we record, data providers, Stripe for payments, Google and Microsoft for the accounts you connect, the publishing platforms you connect, our hosting and database providers, and the email, bot-check and analytics services named in the Privacy policy. Each may change, fail, raise prices, block us or stop. We will do what is reasonable to adapt. We are not responsible for what a third party does or fails to do, for the content of its answers or its pages, or for a loss caused by a third party. The Service may link to other sites. We do not vouch for them.
18. Suspension and ending the agreement
By you. Cancel from Settings at any time. Delete a workspace from Settings at any time, which stops its billing and removes its data as section 7 says. There is no undo.
By us. We may suspend or end your access, in whole or in part, with notice where that is reasonable and without notice where it is not, if you break these terms, if a charge fails and is not settled, if your use puts the Service, our providers, other customers or anyone at legal or security risk, if an Agent on your account behaves abusively, if we are required to by law or by a provider, or if we stop offering the Service or a plan. If we end the agreement for our convenience, we refund the unused part of the current month. Apart from that and the 30-day money-back guarantee in section 5, we do not refund.
After it ends. Your right to use the Service ends, your keys and connections stop, and anything live on a Next.js site through the content API keeps being served until the token is replaced. Deleting a workspace removes its data from our live systems at once and from backups within 30 days, except what we must keep for the law, for billing or for a dispute. If you want a copy of your data, ask us before you delete, and we send it within 30 days. Sections 7, 8, 13 to 15 and 19 to 26, and every amount you owe, survive the end of the agreement.
19. No warranties
The Service, the Output, the engine answers, the reports, the numbers and everything else we provide are given "as is" and "as available", with every fault they may have. To the fullest extent the law allows, we, our owners, our team and our providers make no warranty of any kind, express, implied or statutory, and we expressly disclaim the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising from a course of dealing or usage of trade.
Without limiting that, we do not warrant that the Service will be uninterrupted, timely, secure or free of errors. We do not warrant that any Output will be accurate, complete, original, lawful, non-infringing, free of someone else's rights or fit for publication. We do not warrant that any engine answer, count, volume, citation or traffic number is correct, or that any defect will be fixed. We do not warrant that the Service will produce any visibility, citation, ranking, traffic, lead, customer, revenue or other result. Any advice or information from us, whether in the Service, in an email, on a call or in the docs, creates no warranty.
Some places do not allow some of these exclusions. Where that is so, the exclusions apply as far as that law allows.
20. Limits on our liability
To the fullest extent the law allows, we and our owners, team and providers are not liable to you or to anyone claiming through you for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profit, revenue, business, goodwill, data, rankings, visibility, traffic, customers or opportunity, or for the cost of substitute services, however caused and under any theory, even if we were told it could happen.
Without limiting that, we are not liable for anything published on Your Site or anywhere else, whether we wrote it, you wrote it or an Agent wrote it. We are not liable for any claim that Output is inaccurate, defamatory, infringing, misleading, unlawful or harmful. We are not liable for what any AI engine, search engine or platform says, does, ranks, cites, penalizes or removes, for the acts or outages of any third party, for Your Content, for the data in any connected account, for any decision you make on the numbers in the Service, or for any loss you could have avoided by reviewing Output, keeping backups or following these terms.
Our total liability to you for everything arising out of or connected to this agreement or the Service, in contract, tort, negligence, statute or otherwise, is capped at the greater of the amount you paid us in the three months before the event giving rise to the claim and one hundred US dollars. This cap is a single aggregate cap for every claim together, not a cap per claim, and it is the most we will ever pay. If you have paid us nothing, it is one hundred US dollars.
Your only remedy for any problem with the Service, with Output or with us is to stop using the Service and cancel. You release us, our owners, our team, our affiliates and our providers from every claim, known or unknown, arising out of or connected to Output, engine answers, reports, Your Site, the accounts you connect, your Agents, your clients, or what any AI engine, search engine or platform does. If you live in California, you waive California Civil Code section 1542, which says that a general release does not extend to claims the releasing party does not know or suspect to exist at the time of the release, and you waive any similar law elsewhere.
These limits are a basis of the bargain between us. The prices would be higher without them. They apply even if a remedy fails of its essential purpose. They do not limit liability that the law does not allow to be limited, such as liability for fraud or for death or personal injury caused by negligence, and where the law of your place limits them, they apply as far as that law allows.
21. You cover us
You will defend us, our owners, our team, our affiliates and our providers against any claim, demand, suit, investigation or proceeding brought by anyone else, and you will pay every loss, damage, liability, penalty, fine, settlement, cost and expense that comes from it, including reasonable legal fees, to the extent it arises out of or relates to:
- Anything published on Your Site, sent to a customer, or used anywhere, whether it came from the Service, from you or from an Agent, including any claim that it is false, misleading, defamatory, disparaging, infringing, unlawful, non-compliant with advertising, consumer, privacy, professional or industry rules, or harmful to anyone.
- Your Content, including a claim that it infringes a right, breaks a confidence, contains personal data you had no right to share, or is inaccurate.
- Your Site and the accounts you connect, including a claim from the owner of a site or an account that you had no authority to connect it or to publish there.
- Anything done with your account, your keys, your connections, your codes or your Agents, by anyone.
- Your clients, if you are an agency, and anything you do for them with the Service.
- A comparison, a claim or a report about a competitor or another business that you published or used.
- Your breach of these terms or of any law, or a platform's action against Your Site.
- A dispute between you and a client, a customer, a team member, a platform or anyone else.
- A decision you made on a number, a report, a recommendation, a brief or a guide from us, and any loss that followed.
We will tell you about a claim promptly, let you control the defence and settlement with counsel we reasonably accept, and help at your cost. You may not settle a claim in a way that admits fault for us, binds us or costs us anything without our written consent. We may take over the defence at our own cost if you do not take it up promptly or if the claim puts the Service at risk.
22. Disputes: talk first, then arbitration
Please read this section carefully. It requires you to resolve disputes with us through binding individual arbitration, gives up your right to a judge or a jury, and gives up your right to take part in a class action. You can opt out within 30 days.
Talk first
Before either of us starts a formal case, that side sends the other a written notice describing the dispute, what it wants, and the account it concerns. Notices to us go to hello@amaware.ai with "Dispute notice" in the subject, and to the address in section 25. Notices to you go to the email on your account. We then have 60 days to try to settle it between us, in good faith, including by a call if either of us asks for one. A notice must be signed by the person with the dispute. A court or an arbitrator may pause a case brought without this step, and the limitation period in this section stops running from the day a proper notice is received until the 60 days end.
Arbitration
If we have not settled it in 60 days, any dispute, claim or controversy between you and us arising out of or relating to this agreement, the Service, the Output, our marketing, or our relationship, whether in contract, tort, statute, fraud, misrepresentation or any other theory, and whether it arose before or after this agreement, will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, or, where the AAA will not administer it, by JAMS under its Comprehensive Arbitration Rules. The Federal Arbitration Act governs this section. The arbitrator, and not a court, decides every question about the scope, enforceability and interpretation of this section, except that a court decides the class waiver below.
The arbitration is seated in Denver, Colorado, and held by video, by documents, or in person as the rules provide. One arbitrator, who may award the same relief a court could award to the individual party, and nothing more, and who gives a written reasoned decision. The arbitrator applies this agreement, including its limits on liability, and the law in section 25. Filing and arbitrator fees are paid as the rules provide. If the arbitrator finds that a claim, a counterclaim or a defence was frivolous, brought for an improper purpose, or unsupported by fact or law under the standard in Federal Rule of Civil Procedure 11(b), the arbitrator may award the other side its reasonable fees and costs. Judgment on the award may be entered in any court with jurisdiction.
One at a time
Each of us may bring claims against the other only in our individual capacity, and not as a plaintiff, class member or representative in any class, collective, consolidated, private attorney general or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding. If this paragraph is found unenforceable for a particular claim, that claim, and only that claim, goes to court under the venue in section 25, and the rest stay in arbitration.
If 25 or more arbitration demands raising similar issues are filed against us by or with the help of the same or coordinated counsel, they are batched in groups of ten, with one arbitrator and one set of fees per batch, heard in sequence, and any claim's limitation period pauses while it waits its turn. The parties will meet and confer in good faith about a faster process, including bellwether cases, after the first batch.
Exceptions, opt-out and court
- Either of us may bring an individual claim in small claims court where it qualifies, and either of us may ask a court for an injunction or other equitable relief to protect intellectual property, confidential information, the security of the Service or the terms of use, without first arbitrating.
- You may opt out of arbitration by emailing hello@amaware.ai with "Arbitration opt-out" in the subject, your account email and company name, within 30 days of first accepting these terms. Opting out does not affect the rest of the agreement. If you opt out, disputes go to the courts named in section 25.
- Any claim that goes to court is decided by a judge, not a jury. Each of us gives up the right to a jury trial to the fullest extent the law allows.
- A claim must be started within one year of the day the claiming side knew or should have known of the facts behind it, or it is barred forever, where the law allows that shortening.
If we change this section after a dispute notice has been sent, the change does not apply to that dispute. If a court or an arbitrator finds any part of this section unenforceable, the rest stays in force, except as the class waiver paragraph says.
23. Copyright complaints
We respect copyright and expect you to. If you believe content in the Service or on amaware.ai infringes your copyright, send a notice to hello@amaware.ai with "Copyright" in the subject, or by post to the address in section 25, with: the work you own, where the infringing content is, your contact details, a statement under penalty of perjury that you own the work or act for the owner and that the use is not authorized, and your physical or electronic signature. We will act on a complete notice under the Digital Millennium Copyright Act, tell the account involved, accept counter-notices, and close the accounts of repeat infringers. A knowingly false notice makes you liable for the damages it causes. We cannot act on content published on Your Site: complaints about it go to you, as its publisher, and to its host.
24. Changes to the Service and to these terms
We may update these terms. When a change matters, we email the owner of every account at least 30 days before it takes effect and post the new version here with its date. A change we must make for the law, for security, or to describe a new feature may take effect at once. Keeping an account, or using the Service, after a change takes effect means you accept it. If you do not, cancel before that date, and the old terms govern your last month. Earlier versions are available from us on request.
We may change, pause or retire a feature, a plan, a price, a limit, an engine, a publishing site, a tool or an API method. We give at least 30 days' notice before removing something a paid plan relies on, where a third party's change leaves us that time.
25. Everything else
- Law and courts. These terms, and any dispute between us, are governed by the laws of the State of Colorado and the federal law of the United States, without regard to any conflict-of-law rule that would apply another law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Anything that is not arbitrated is brought only in the state or federal courts in Denver, Colorado, and each of us submits to their jurisdiction, except that we may seek to enforce an award or an injunction anywhere.
- Notices. We notify you by email to the account email, or in the app. You notify us at hello@amaware.ai, and for a dispute notice, a copyright notice or a legal process also by post to REmomentum LLC, Amaware, Colorado, USA, at the street address we give you on request. A notice is received the day it is sent by email and three business days after posting.
- Electronic agreement. You agree to do business with us electronically, to receive notices and records by email and in the app, and that a click, a typed name or a checked box is your signature.
- Assignment. You may not transfer this agreement or your account without our written consent. We may transfer it to an affiliate or to a buyer of the business, and we will tell you when we do.
- Force majeure. Neither of us is liable for a delay or a failure caused by something outside its reasonable control, including a provider outage, an engine or platform change or block, an internet or power failure, a cyber attack, a law, a strike, a natural event, a pandemic or war, except for the duty to pay.
- Export and sanctions. You may not use the Service if you, your company or your clients are on a United States or other government sanctions list, or are in a country or region that the United States sanctions as a whole. You will follow export laws that apply to your use.
- Government users. If you are a government body, the Service is commercial computer software and documentation licensed on these terms, and any extra rights must be in a signed order.
- Severability and waiver. If a part of these terms is found unenforceable, it is narrowed to the minimum needed and the rest stays in force, except as section 22 says for the class waiver. Not enforcing a term is not giving it up.
- No third-party beneficiaries. Nobody but you and us has rights under this agreement, except that our owners, team, affiliates and providers may enforce sections 19 to 21.
- Relationship. We are independent contractors. Nothing makes us partners, joint venturers, employer and employee, or, except as section 12 says, agent and principal.
- Interpretation. "Including" means including without limitation. Headings and the short version are for reading. The English version governs any translation. A term is not read against either side for having drafted it.
- Entire agreement. This agreement, as section 1 describes it, is the whole agreement between us about the Service. It replaces every earlier agreement, promise and understanding about it. You confirm that you did not rely on anything outside it.
26. Contact
Questions about these terms go to hello@amaware.ai. A person at Amaware reads every email and writes back. Amaware is run by REmomentum LLC in Colorado, USA.