1. Agreement to these terms
These Terms of Service (“Terms”) are a binding agreement between Nevisible, Inc. (“Nevisible,” “we,” “us”) and the organization you represent (“Customer,” “you”). They govern your use of nevisible.co, the free AI readiness check and the Nevisible platform (together, the “Service”).
The Service is provided for business purposes only and is not offered to consumers; consumer protection legislation such as Ontario’s Consumer Protection Act, 2002 does not apply. By creating an account, signing an order form, or using the Service, you agree to these Terms and confirm you have authority to bind your organization. If you have a separately signed agreement with us, that agreement controls where it conflicts with these Terms.
2. The Service
Nevisible serves your website content, product catalog and credentials to AI search engines and procurement agents in an AI-readable format on a subdomain you control, monitors how AI tools read and mention you, and surfaces company-level insights about organizations researching you, including how well each fits your criteria and which of your reps it is routed to. Features, AI engines covered and limits are described in your order form and our documentation and may change as we improve the Service. We will not materially reduce core functionality during a paid subscription term.
The free readiness check is provided “as is” for evaluation and may be changed or discontinued at any time. We keep check results for research and analysis, anonymized unless you ask us otherwise.
3. Accounts and access
- You are responsible for your users, keeping credentials secure, and all activity under your account.
- Users must be at least 18 and authorized by you.
- Notify us promptly at security@nevisible.co of any unauthorized access.
4. Your responsibilities
You will:
- Configure DNS (CNAME) and integrations as instructed, including the hostnames you route through Nevisible if you choose the Full Edge setup, and keep control of the domains you connect.
- Provide accurate content, specifications and credentials, and only upload certifications you actually hold.
- Maintain a privacy notice on your website that discloses your use of Nevisible as required by applicable law, and obtain any consents you need. Our GDPR and data protection and Cookies and Tracking pages describe what Nevisible collects to help you do this.
- Use insights about organizations in compliance with applicable law, including Canada’s Anti-Spam Legislation (CASL), PIPEDA and other anti-spam and data protection laws. You are solely responsible for obtaining any consent required before sending commercial electronic messages to the organizations or people you learn about through the Service.
5. Acceptable use
You may not:
- Use the Service to identify, profile or target individual private consumers, or for any unlawful, discriminatory or deceptive purpose.
- Publish false or misleading claims, certifications or product data through the Service.
- Reverse engineer, copy, resell or build a competing product from the Service, except as allowed by law.
- Interfere with or overload the Service, probe its security without permission, or bypass usage limits.
- Upload malware or content that infringes others’ rights.
We may suspend access to prevent harm, after giving notice where practical.
6. Fees and payment
- Fees, subscription term and billing frequency are set out in your order form or on our pricing page.
- Unless stated otherwise, fees are billed in advance, payable within 30 days of invoice, non-cancellable and non-refundable, and exclusive of taxes (including GST/HST, PST and QST where applicable).
- All fees are quoted, invoiced and payable in United States dollars (USD). You are responsible for any currency conversion and bank charges.
- Subscriptions renew for the same term unless either party gives notice at least 30 days before renewal.
- Overdue amounts may incur interest of 1.5% per month (18% per year), or the maximum allowed by law if lower, and we may suspend the Service after 15 days’ written notice of non-payment.
- Implementation and done-for-you services, including forward deployed engineering, are scoped and billed as described in the order form.
7. Customer data and privacy
You own your content and the data generated from your traffic (“Customer Data”). You grant us a limited license to host, process and display Customer Data only to provide, secure and support the Service and as described in our Privacy Policy.
Where we process personal data on your behalf, our Data Processing Addendum applies and forms part of these Terms; you can request a copy from privacy@nevisible.co. Platform data for customers in the EU and UK is stored in the EU, and for customers in North America in Canada and the United States. The service providers we use are listed on our Security page. We do not sell Customer Data or use it to train AI models offered to other customers. We may use aggregated, de-identified data to operate and improve the Service and to publish industry benchmarks that do not identify you.
8. Security
We maintain administrative, technical and physical safeguards appropriate to the Service, including a SOC 2 Type II program, encryption in transit and at rest, and SAML and OAuth single sign-on. More detail is on our Security page. We will notify you without undue delay after becoming aware of a security incident affecting your Customer Data.
If you find a security vulnerability, report it to security@nevisible.co instead of testing further. We confirm receipt within 3 business days and send our initial assessment within 7 business days.
9. Intellectual property
Nevisible and its licensors own the Service, software, documentation and brand, and all improvements to them. Except for the rights expressly granted in these Terms, no rights are transferred. If you send us feedback, we may use it without obligation to you.
10. Third-party services and AI engines
The Service interacts with third-party AI engines, procurement agents and integrations that we do not control. We are not responsible for their availability, outputs or policies. We do not guarantee that any AI engine will cite, name, rank or recommend you, or that any insight will result in an inquiry, RFQ or sale. Company-level identifications are probabilistic and labelled by attribution state (Confirmed AI-sourced, Likely AI-influenced or Other inbound).
11. Confidentiality
Each party will protect the other’s non-public information with at least reasonable care, use it only to perform under these Terms, and disclose it only to people who need to know and are bound by similar obligations. These duties do not cover information that is public, already known, independently developed or lawfully received from others.
12. Warranties and disclaimers
We warrant that the Service will perform materially as described in our documentation. If it does not, your exclusive remedy is for us to use reasonable efforts to fix it or, if we cannot, to let you terminate the affected subscription and refund prepaid fees for the remaining term.
EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND NEVISIBLE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE OR DATA. EACH PARTY’S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These limits do not apply to your payment obligations, a party’s indemnity obligations, or liability that cannot be limited by law.
14. Indemnification
By Nevisible: we will defend you against third-party claims that the Service infringes their intellectual property rights and pay resulting damages finally awarded or agreed in settlement.
By Customer: you will defend us against third-party claims arising from your content, your use of insights, or your breach of the acceptable use rules, and pay resulting damages.
The indemnified party must give prompt notice, reasonable cooperation and control of the defense.
15. Term and termination
- These Terms apply while you use the Service or have an active subscription.
- Either party may terminate for material breach not cured within 30 days of written notice.
- On termination, your access ends and unpaid fees become due. You may export Customer Data for 30 days, after which we delete it per our retention schedule.
- Sections on fees owed, intellectual property, confidentiality, disclaimers, liability, indemnity and governing law survive termination.
16. Governing law and disputes
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The parties will first try to resolve any dispute in good faith; if not resolved within 30 days, the courts located in Toronto, Ontario will have exclusive jurisdiction, and each party submits to them.
The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont exigé que la présente convention et tous les documents connexes soient rédigés en anglais.
17. General
- Changes: we may update these Terms; material changes take effect at your next renewal or 30 days after notice, whichever is later.
- Assignment: neither party may assign these Terms without consent, except in a merger or sale of substantially all assets.
- Publicity: we may list your name and logo as a customer unless you opt out by email.
- Force majeure, export compliance, notices, severability and entire agreement provisions apply as is standard; these Terms, the order form, the DPA and our Privacy Policy are the entire agreement.
18. Contact
Legal notices: legal@nevisible.co
Postal address: Nevisible, Inc., 101 College St, Toronto, Ontario M5G 0A3, Canada