Terms of Service

Effective date: June 14, 2026

These Terms of Service ("Terms") govern your use of visibilitymesh.com, the Visibility Mesh web application, the Visibility Mesh Shopify application, and related services (collectively, the "Service") provided by Amaretta LLC dba Visibility Mesh ("Visibility Mesh," "we," "us"). By creating an account, running a scan, or purchasing any plan, you agree to these Terms.

1. The Service

Visibility Mesh provides automated assessments of website discoverability and legibility to AI systems and search engines, including scored reports, findings, prioritized roadmaps, progress tracking, and optional remediation services. The Service analyzes publicly accessible pages of websites you submit, or data you upload (such as structured-data files or catalog exports), using a documented, versioned, consistently applied proprietary methodology. The Service produces assessments, findings, and recommendations. Except where you separately purchase remediation services under a written change order, implementing any finding or recommendation is your responsibility, as described in Section 5.

2. Accounts and eligibility

You must be at least 18 and able to form a binding contract. You are responsible for your account credentials and for all activity under your account. You represent that you own, operate, or are authorized by the owner of any website you submit for scanning.

3. Plans, allowances, and billing

3.1 Free tier. One free domain per account, limited to the scope we publish, including periodic re-scans we may offer. We may modify or discontinue free features at any time.

3.2 Page allowances. Paid scanning is metered by the number of pages and catalog products scanned, at the rates published on our pricing page. Prepaid page allowances are consumed as pages and products are scanned. Prepaid allowances expire 12 months after purchase, are non-transferable, and are not redeemable for cash except where required by law.

3.3 Subscriptions. Subscription plans include a monthly page allowance that resets each billing cycle and does not roll over, except where applicable law requires otherwise. Subscriptions renew automatically until canceled; cancellation takes effect at the end of the current billing period.

3.4 Payments. Processed by Shopify Payments (and, for the Shopify app, the Shopify Billing API). Prices exclude applicable taxes.

3.5 All sales final. All sales are final and fees are non-refundable except where a refund is required by applicable law. If a paid scan fails to complete due to a fault in our Service, your sole and exclusive remedy is for us to re-run the scan or restore the equivalent page allowance to your account; we do not provide cash refunds. Because deliverables are generated and delivered digitally, a one-time deliverable is treated as delivered once it has been generated.

4. No outcome guarantees (read this section carefully)

4.1 The behavior of third-party AI systems (including ChatGPT, Perplexity, Gemini, Claude and others) and search engines is outside our control, opaque, and subject to change without notice.

4.2 We make no warranty, express or implied, that the Service will achieve any specific result, including but not limited to: citation or mention by any AI system; any search ranking; any score level, maturity level, or score improvement; any traffic, conversion, or revenue outcome.

4.3 Our scores, levels, and findings are measurements on our own proprietary methodology, applied consistently. They describe posture, not promised outcomes.

4.4 What we do stand behind: a documented and versioned methodology applied consistently; defined remediation paths with effort estimates based on operator experience; before/after measurement on work we perform; transparent pricing; and treatment of your data as described in our Privacy Policy and DPA. Your sole and exclusive remedies, and our entire liability, with respect to the Service are those expressly stated in these Terms; otherwise the Service and its output are provided for your evaluation and used at your own risk.

5. Customer responsibilities

You will: (a) ensure you have rights to all content and data you submit; (b) maintain your own backups of your store and site; (c) review and approve any deliverable before publishing it; (d) where you purchase remediation services that change your live store, approve each change before deployment and maintain a current backup. You acknowledge that no service can guarantee zero issues when changes are made to production systems; we follow a documented production-safety protocol, and you remain responsible for change approval and backups.

5.1 Advisory nature; your implementation responsibility. Our reports, scores, findings, roadmaps, and recommendations are diagnostic and advisory. You are solely responsible for evaluating, validating, developing, testing, and deploying any change, code, schema, structured data, or content arising from them, and for the consequences of doing so in your environment. Where you separately purchase remediation services in which we deploy changes to your live store, we deploy only changes you approve in writing under our production-safety protocol, and you remain responsible for maintaining current backups and for validating and testing the result. You use the Service, and act on its output, at your own risk.

6. Content services

Where we produce content on your behalf (e.g., descriptions, articles, structured data text), it is produced from inputs and brand materials you supply and is subject to your review and approval. You are solely responsible for the accuracy, legality, and regulatory compliance (including FTC and any industry-specific advertising rules) of all content you approve and publish. You will defend, indemnify, and hold harmless Amaretta LLC dba Visibility Mesh and its officers, employees, and agents from and against any third-party claim, demand, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) arising out of or relating to content, data, brand materials, or instructions you supplied or approved, your publication of any deliverable, your use of the Service, or your breach of these Terms. We will give you prompt notice of any such claim, permit you to control its defense and settlement with counsel of your choice (provided that any settlement imposing an obligation or admission on us requires our prior written consent, and we may participate with our own counsel at our own expense), and reasonably cooperate at your expense.

7. Intellectual property

7.1 The Service, methodology, scoring systems, rubrics, software, reports' structure and format, and all related IP are owned by Amaretta LLC. No license is granted except the limited right to use deliverables for your own business purposes.

7.2 Reports and deliverables are licensed to you for internal use and, for agency plans, for delivery to your end clients under the White-Label Addendum. You may not reverse-engineer, benchmark for competitive purposes, scrape, resell, or use the Service to build a competing product.

7.3 Deliverables carry identifying watermarks. Removing or altering them is a material breach.

7.4 You grant us a limited license to access and analyze the sites and data you submit for the purpose of providing the Service, and to use de-identified, aggregated data to improve the Service. Named case studies require your separate written consent.

8. Acceptable use

No scanning of sites you are not authorized to scan; no unlawful, infringing, or deceptive use; no attempting to extract the methodology; no overloading or probing the Service; no use that violates Shopify's terms where applicable.

9. Limitation of liability

9.1 Cap: To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service is limited to the greater of (a) $10,000 or (b) the fees you paid us in the 12 months preceding the claim.

9.2 Exclusions: No liability for indirect, incidental, consequential, special, or punitive damages, or for lost profits, lost data, or business interruption, even if advised of the possibility.

9.3 Carve-outs: The cap does not apply to our gross negligence or willful misconduct, our indemnification obligations, or IP infringement claims. Some jurisdictions do not allow the exclusion or limitation of certain damages; where that is the case, the exclusions and limitations in this Section apply to the greatest extent permitted by applicable law, and nothing in these Terms limits liability that cannot be limited by law.

10. Warranty disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED AVAILABILITY. We do not warrant compatibility with all themes, apps, platforms, or customizations.

11. Term, suspension, termination

Either party may terminate at any time; you by canceling, we with notice for breach, non-payment, or risk to the Service. On termination, unused prepaid page allowances beyond the refund terms in §3 are forfeited, except where applicable law requires otherwise; data handling follows the Privacy Policy and DPA.

12. Disputes

12.1 Governing law: California; venue: Orange County, California.

12.2 Binding individual arbitration (JAMS, Orange County) for all disputes except: small-claims matters and either party's right to seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information. The arbitration will be administered by JAMS under its rules then in effect, before a single arbitrator, seated in Orange County, California, and judgment on the award may be entered in any court of competent jurisdiction.

12.3 Class action waiver. To the maximum extent permitted by law, disputes will be resolved only on an individual basis. You and we each waive any right to bring or participate in a class, collective, consolidated, or representative action. If this waiver is held unenforceable as to a particular claim, that claim alone will proceed in a court of competent jurisdiction rather than in arbitration, and the remainder of this Section will remain in effect.

12.4 In any action or arbitration arising out of or relating to these Terms, the prevailing party is entitled to recover its reasonable attorneys' fees and costs to the extent permitted by applicable law.

13. Changes; notices; miscellaneous

We may update these Terms with 30 days' notice for material changes (email of record + in-product notice). Continued use constitutes acceptance. Notices to us: legal@visibilitymesh.com, Amaretta LLC, 4590 MacArthur Blvd, Suite 500, Newport Beach, CA 92660. Severability, no waiver, entire agreement, assignment by us in connection with merger/sale, force majeure. These Terms, together with the Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements on that subject. If any provision is held invalid or unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, financing, or sale of assets. Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control. Section headings are for convenience only and do not affect interpretation.

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