Attractify Client Portal Terms of Service

These Client Portal Terms of Service (the "Agreement") are entered into between Attractify Marketing LLC, a California limited liability company ("Attractify," "we," "us," or "our"), and the business entity or individual accepting this Agreement ("Customer," "you," or "your"). This Agreement governs Customer's access to and use of the Attractify client portal and related services.

IMPORTANT NOTICE: SECTION 17 CONTAINS A BINDING ARBITRATION PROVISION AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS. SECTIONS 6 AND 7 GRANT ATTRACTIFY PERPETUAL RIGHTS TO USE RECORDINGS, NAMES, AND LIKENESSES. PLEASE READ THEM CAREFULLY.

1. Acceptance; Electronic Signature; Order of Precedence

1.1 Acceptance. Customer accepts this Agreement when its authorized representative checks the acceptance boxes and clicks the accept button in the portal. This Agreement is effective on that date (the "Effective Date"). If Customer does not agree, it may not access or use the Service.

1.2 Electronic Signature. Customer agrees that checking the acceptance boxes and clicking the accept button constitutes an electronic signature under the federal Electronic Signatures in Global and National Commerce Act and the California Uniform Electronic Transactions Act. That signature has the same legal effect as a handwritten signature and satisfies any requirement that this Agreement be in writing or signed.

1.3 Authority. The individual accepting this Agreement represents that they are at least 18 years old and have authority to bind Customer. If that individual lacks such authority, they are personally bound by this Agreement.

1.4 Business Use Only. The Service is offered for business and professional purposes only, including use by individuals, sole proprietors, and creators to build a professional or personal brand, and not for personal, family, or household use.

1.5 Order of Precedence. This Agreement incorporates by reference our website Terms of Service at attractifymarketing.com/terms and our Privacy Policy at attractifymarketing.com/privacy. If there is a conflict, the following order controls: (a) any Order Form, (b) this Agreement, (c) the Privacy Policy, and (d) the website Terms of Service.

2. Definitions

Capitalized terms have the meanings below or where they are first defined in this Agreement.

"Affiliate" means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of more than 50% of the voting interests.

"Aggregated Data" means data derived from the Service that has been de-identified and aggregated so that it does not identify Customer or any individual.

"Attractify Materials" means everything Attractify creates, captures, or provides other than Deliverables and Customer Content. This includes Recordings, raw footage, unused clips, outtakes, transcripts, scripts, interview questions, content strategy, topic recommendations, reports, visibility scores, analytics insights, and any other information generated by or displayed in the portal, together with Attractify's methodology, processes, prompts, templates, workflows, and Platform.

"Authorized User" means an employee or contractor of Customer whom Customer permits to access the portal under Customer's account.

"Connected Account" means any account on a Third-Party Platform that Customer connects to the Service, including Customer's website.

"Customer Content" means materials Customer provides to Attractify other than Recordings, such as logos, brand assets, images, documents, and product information.

"Customer Data" means Customer Content and data received from Connected Accounts through the Service.

"Deliverables" means only (a) final edited long-form videos, (b) final edited short-form videos, and (c) final structured blog posts that Attractify delivers to Customer through the portal or publishes to Customer's Connected Accounts.

"Fees" means the amounts payable for Customer's Plan.

"Order Form" means any online plan selection, checkout page, or ordering document that references this Agreement and specifies Customer's Plan.

"Plan" means any subscription plan or tier Customer selects, as described on Attractify's website or in an Order Form at the time of purchase.

"Platform" means Attractify's proprietary software, including the portal at portal.attractifymarketing.com and the recording studio.

"Published Content" means any Deliverable after it has been published to a Connected Account.

"Recordings" means all audio, video, and images captured in or uploaded to the recording studio or portal, in raw or unedited form, including interviews, sessions, and outtakes.

"Service" means the Platform, our website at attractifymarketing.com, and all related services Attractify provides under this Agreement, including recording, editing, and publishing.

"Subscription Term" means the period during which Customer has an active paid or monitoring Plan.

"Third-Party Platform" means any third-party product, service, or platform of any kind that Customer connects to or uses with the Service, together with its APIs. This includes social media platforms (such as YouTube, Facebook, Instagram, Threads, LinkedIn, TikTok, X, and Google Business Profile); advertising platforms (such as Google Ads, Meta Ads, and LinkedIn Ads); website and content management platforms (such as WordPress, Webflow, Shopify, and Wix); analytics and data platforms (such as Google Analytics, Google Search Console, Google Tag Manager, Bing Webmaster Tools, and Cloudflare); and customer relationship management, marketing automation, and sales platforms (such as HubSpot and Salesforce).

3. The Service

3.1 Description. Attractify is a software-as-a-service (SaaS) platform that helps businesses track and optimize their visibility across AI platforms including ChatGPT, Perplexity, Gemini, Claude, and Microsoft Copilot. The Service includes:

• AI citation tracking and visibility scoring
• Content creation and distribution services
• Content direction, including topic recommendations, interview questions, and, where included in Customer's Plan or purchased as an add-on, on-camera guidance (Customer remains solely responsible for all statements and claims, as described in Section 8)
• Content recording through Attractify's recording studio
• Google Analytics, Google Search Console, and YouTube integration
• AI traffic attribution and analytics
• Website visit and lead-source measurement through Google Tag Manager, as described in Section 10.8
• Technical optimization for AI discoverability

Through the portal, Attractify also records interviews with Customer in the recording studio, edits Recordings into Deliverables, and publishes Deliverables directly to Customer's Connected Accounts according to Customer's publishing settings.

3.2 Access Grant. Subject to this Agreement and payment of all Fees, Attractify grants Customer a non-exclusive, non-transferable, non-sublicensable right during the Subscription Term to access and use the Service for Customer's internal business purposes.

3.3 Accounts and Authorized Users. Customer agrees to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update its account information
• Keep passwords secure and confidential
• Notify Attractify immediately of any unauthorized access to its account
• Accept responsibility for all activities that occur under its account, including by its Authorized Users

Each Authorized User must be at least 18 years old. Customer is responsible for each Authorized User's compliance with this Agreement.

3.4 Agency Accounts. If Customer uses the Service under a Plan offered for agencies, each of Customer's end clients must create its own portal account, accept this Agreement itself, and connect its own Connected Accounts. Customer may not connect, authorize, or enter information for any account on behalf of an end client.

3.5 Support. Attractify will provide reasonable support by email at admin@attractifymarketing.com during normal business hours, Pacific Time.

3.6 Beta Features. Attractify may offer features identified as beta, preview, or early access. Beta features are provided as-is, may be changed or withdrawn at any time, and are excluded from any commitment in this Agreement.

4. Customer Responsibilities and Acceptable Use

4.1 Lawful Use. Customer will use the Service only for lawful purposes and in accordance with this Agreement.

4.2 Restrictions. Customer will not, and will not permit anyone else to:

• Use the Service to violate any local, state, national, or international law
• Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
• Use the Service to transmit any viruses, malware, or other malicious code
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Impersonate any person or entity or falsely state or misrepresent its affiliation with any person or entity
• Use automated systems (bots, scrapers, etc.) to access the Service without Attractify's prior written consent
• Resell, sublicense, or redistribute the Service without Attractify's prior written consent
• Copy, modify, reverse engineer, decompile, or create derivative works of the Platform
• Access the Service to build a competing product or service, or to benchmark it for a competitor
• Connect any account Customer does not own or is not authorized to control
• Record or publish any person without the release required by Section 6
• Make false, misleading, or unsubstantiated claims in Recordings or Deliverables
• Infringe any copyright, trademark, privacy, or publicity right, including by playing or displaying third-party music, video, or artwork in a Recording

4.3 Suspension. Attractify may suspend Customer's access immediately if it reasonably believes Customer is violating Section 4.2, poses a security risk to the Service, or has failed to pay Fees when due. Attractify will restore access once the issue is resolved.

5. Connected Accounts and Publishing

5.1 Publishing Authorization. By connecting an account, Customer authorizes Attractify to access that account and to upload, publish, schedule, and manage Deliverables on it on Customer's behalf, within the permissions Customer grants and the publishing settings Customer chooses. Attractify acts solely as Customer's limited agent for publishing. Customer remains the account holder, publisher, and speaker for everything published to its Connected Accounts.

Default Settings. Some portal settings, including publishing settings, may be pre-selected when Customer's account is created. Customer is responsible for reviewing all portal settings promptly after sign-up and periodically after that, and for changing any setting that does not reflect its preferences. Attractify relies on Customer's settings as they exist at the time of each action. Any pre-selected setting Customer has not changed is deemed Customer's own choice, and Customer accepts full responsibility for any content published in accordance with it.

5.2 Connection Method. Attractify connects only through official OAuth or API authorization methods, either directly or through the social media publishing service described in Section 5.6. Attractify never asks for, and Customer must never send, passwords to any Connected Account. Customer bears all risk of sharing a password in violation of this Section.

5.3 Customer Obligations. Customer represents that it owns or is authorized to control every account it connects. Customer is responsible for keeping its Connected Accounts active, in good standing, and compliant with each Third-Party Platform's terms.

5.4 Revocation. Customer may disconnect any Connected Account at any time through the portal or the Third-Party Platform's settings. Once an account is disconnected, Attractify cannot publish to it. Disconnecting an account does not cancel Customer's subscription or reduce its Fees.

5.5 Google API Services

Our Service integrates with the following Google APIs to provide analytics and content management features: Google Analytics Data API, Google Analytics Admin API, Google Search Console API, YouTube Data API v3, YouTube Analytics API, and Google Tag Manager API. By using the Service, you acknowledge and agree that:

• You grant Attractify limited access to your Google Analytics, Google Search Console, YouTube, and Google Tag Manager accounts via OAuth 2.0
• Your use of Google services through Attractify is subject to Google's Privacy Policy and Terms of Service
• Our Service uses YouTube API Services. By using the Service, you agree to be bound by the YouTube Terms of Service
• You can revoke Attractify's access to your Google data at any time through your Google Account settings
• Attractify's use of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements

Attractify uses its Google Tag Manager access only to manage the Attractify-named tags, triggers, variables, and workspace described in Section 10.8. Where Customer grants Attractify edit access to Google Analytics, Attractify may also create in Customer's Google Analytics property the key event, form-interaction measurement, and custom dimension that its measurement uses.

5.6 Social Media Platforms

Attractify publishes Deliverables to Facebook, Instagram, Threads, LinkedIn, TikTok, and X, and posts that link to them on Google Business Profile, through Zernio, a third-party social media publishing service that Attractify uses as its service provider. Zernio connects to each platform through that platform's official API. Customer connects each account through Zernio's authorization flow, which permits Zernio to publish Deliverables to that account on Attractify's behalf within the permissions Customer grants. Social media publishing may be offered as a beta feature or add-on under Section 3.6, and Attractify publishes to these platforms only after Customer opts in through the portal. Customer's use of each platform through Attractify remains subject to that platform's own terms and policies, including:

• Meta's Terms of Service, which govern Facebook, together with the Instagram Terms of Use and the Threads Supplemental Terms of Use
• LinkedIn's User Agreement
• TikTok's Terms of Service
• X's Terms of Service
• Google's Terms of Service, which govern Google Business Profile

5.7 Website Publishing

Attractify publishes structured blog posts and related Deliverables to Customer's website through WordPress or Duda, or through a content feed that Customer's website reads, using API or OAuth access Customer grants. That access is limited to creating, editing, and publishing content. Attractify does not access or modify Customer's DNS, hosting, server configuration, or site code, except for the Attractify-named tags, triggers, variables, and workspace it manages in Customer's Google Tag Manager container under Section 10.8. Customer remains responsible for its website's hosting, security, uptime, plugins, themes, backups, and legal compliance, including its own privacy policy and accessibility obligations.

5.8 Publishing Modes

Every Deliverable is placed in the portal before it is published. In its portal settings, Customer chooses one of two publishing modes:

• Auto-Publish. Deliverables publish to Customer's Connected Accounts without further approval.
• Approval Window. Deliverables are available for Customer's review for seven (7) days. During that window, Customer may approve, request changes to, or reject a Deliverable. If Customer takes no action within seven (7) days, the Deliverable is deemed approved and publishes automatically.

By selecting Auto-Publish, or by allowing an Approval Window to expire, Customer waives pre-publication review, approves the Deliverable as published, and accepts full responsibility for its content. After publication, Customer may edit or remove any Published Content directly on its own accounts at any time.

TikTok requires the account holder to preview and expressly agree to each post made through its API. Attractify therefore posts a Deliverable to TikTok only when Customer approves that Deliverable in the portal and confirms the TikTok preview shown with it. Deliverables published under Auto-Publish or after an Approval Window expires are not posted to TikTok. TikTok posts are published publicly and disclosed to TikTok as Customer's own promotional content.

5.9 Third-Party Platforms. Each Third-Party Platform controls its own API, features, content rules, and enforcement. Attractify is not responsible for any Third-Party Platform's decision to remove content, limit reach, suspend or restrict an account, or change or discontinue API access. If a Third-Party Platform's change prevents publishing, Attractify may stop publishing to that platform, and Customer's Fees will not change.

6. Recordings, Name, and Likeness

6.1 Likeness Grant. Customer, on behalf of itself and each Authorized User who appears in a Recording, grants Attractify a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable right to record, reproduce, edit, publish, and distribute the name, image, voice, likeness, statements, and biographical information of those individuals as captured in Recordings. This right covers providing the Service, publishing to Connected Accounts, and the uses in Section 7.

6.2 Third-Party Releases. Customer decides who appears in its Recordings, including employees, partners, customers, patients, and guests. Before any person appears, Customer is solely responsible for obtaining a written release from that person, or from a parent or legal guardian for anyone under 18. Each release must be sufficient to cover publication on Customer's Connected Accounts and the rights granted to Attractify in Sections 6 and 7. Customer will provide copies of releases to Attractify on request.

6.3 Recorded Footage Only. Attractify uses likenesses only as actually recorded. Attractify does not and will not create digital replicas, AI-generated or synthetic voices or likenesses, voice clones, avatars, or AI dubbing of any person. Attractify's editing consists of cutting, arranging, captioning, and formatting footage that was actually recorded.

6.4 No Compensation. No person appearing in a Recording is entitled to payment, royalties, or credit from Attractify for any use permitted by this Agreement.

7. Publicity and Marketing Use

7.1 Marketing Grant. PLEASE READ THIS SECTION CAREFULLY. By accepting this Agreement, Customer permits Attractify to use its Recordings, Deliverables, Published Content, name, business name, logo, and likeness in Attractify's own marketing, advertising, sales materials, case studies, website, social media, and presentations. This permission is perpetual, irrevocable, and royalty-free, and it survives any termination or expiration of this Agreement.

7.2 Standards. Attractify will not portray Customer in a false or misleading light and will not state or imply that Customer endorses a specific product or claim beyond Customer's actual experience with Attractify.

7.3 Customer List. Attractify may identify Customer by name and logo as a customer of Attractify.

7.4 Relationship to Data Anonymization. The rights in this Section are separate from, and not limited by, the Aggregated Data and anonymization terms described in Sections 9.6 and 10.5.

8. Responsibility for Content; Regulated Industries

8.1 Customer Is the Author and Publisher. All substantive content in Recordings and Deliverables originates with Customer. Attractify asks interview questions; Customer supplies the answers, ideas, opinions, claims, and statements. Attractify's role is limited to recording, editing, formatting, and publishing Customer's own words to Customer's own accounts. Attractify does not select, recommend, or verify any claim Customer makes.

8.2 Sole Responsibility. Customer is solely responsible for all content in its Recordings, Deliverables, and Published Content, including its accuracy, truthfulness, substantiation, and legal compliance. This applies whether a Deliverable was published through Auto-Publish, after approval, or after an Approval Window expired. Because Deliverables consist of Customer's own recorded statements, Attractify has no responsibility or liability of any kind for the content of any Recording, Deliverable, or Published Content.

8.3 No Professional Advice. Attractify does not provide legal, medical, regulatory, financial, or compliance advice. Attractify does not review Deliverables for compliance with any law or professional rule, and publishing a Deliverable is not an opinion that it complies.

8.4 Regulated Industries. If Customer's business is regulated, Customer is responsible for complying with every rule that applies to its content. Depending on the industry, these may include:

• Federal Trade Commission rules on advertising, claim substantiation, endorsements, and testimonials
• Food and Drug Administration rules on dietary supplement, food, drug, and cosmetic claims, including required disclaimers
• State bar rules on attorney advertising and client solicitation
• Medical, financial, insurance, and other licensing board rules
• Privacy laws, including HIPAA

8.5 No Protected Health Information. Customer will not disclose protected health information or other confidential personal information about patients, clients, or customers in any Recording. Attractify is not a business associate under HIPAA and does not accept protected health information.

8.6 AI-Assisted Processing. Attractify uses software tools, including third-party artificial intelligence tools, to transcribe Recordings and to prepare Deliverables from those transcripts. This may include lightly rewording passages for clarity, restructuring transcripts into blog posts, generating summaries, and generating captions, titles, descriptions, and other text that accompanies Deliverables. These tools work directly from Customer's transcripts and reuse Customer's own words and phrases wherever possible, so the substance and nearly all of the wording of each Deliverable come from Customer's recorded statements. All AI-assisted text is derived from Customer's Recordings and is treated as Customer's own content for purposes of this Section 8. Automated transcription and editing can introduce errors or shift emphasis, and Customer is responsible for reviewing Deliverables under its publishing settings and for any AI-use disclosure or label that a Third-Party Platform or law requires.

8.7 Right to Decline. Attractify may decline to publish, or remove from the portal, any content it believes may be unlawful, infringing, or in violation of this Agreement or a Third-Party Platform's rules. Attractify has no obligation to do so, and declining any content does not make Attractify responsible for other content.

9. Intellectual Property

9.1 Customer Content. Customer retains all ownership rights to Customer Content, including text, images, videos, and other materials it provides. Customer grants Attractify a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute Customer Content to provide the Service and for the uses described in Section 7.

9.2 Deliverables. Deliverables are owned by Customer once delivered through the portal or published to Customer's Connected Accounts. Customer may use, modify, and distribute Deliverables as it sees fit, during and after the Subscription Term, and Published Content remains on Customer's accounts and website after this Agreement ends. Customer grants Attractify a perpetual, irrevocable, royalty-free license to use Deliverables and Published Content for the purposes described in Sections 6 and 7.

9.3 Attractify Materials. Attractify owns all right, title, and interest in the Service and all Attractify Materials, including all software, designs, graphics, text, Recordings, raw footage, unused clips, outtakes, transcripts, scripts, interview questions, strategy, reports, and all information generated by or displayed in the portal. To the extent Customer holds any rights in Attractify Materials, including any rights in Recordings, Customer assigns those rights to Attractify. Where assignment is not permitted, Customer grants Attractify an exclusive, perpetual, irrevocable, royalty-free license to them.

9.4 Limited License to Attractify Materials. During the Subscription Term, Customer may view and use Attractify Materials made available in the portal solely for its internal business purposes. This license ends immediately when the Subscription Term ends. After that, Customer may not use any Attractify Materials, including Attractify's methodology, prompts, templates, scripts, unused clips, raw footage, or strategy. Customer may not copy, modify, distribute, sell, or lease any part of the Service without Attractify's prior written permission.

9.5 Feedback. If Customer provides suggestions or feedback about the Service, Attractify may use them without restriction or obligation to Customer.

9.6 Aggregated Data. Attractify may collect and use Aggregated Data to operate, improve, and benchmark the Service and for industry research, provided Aggregated Data does not identify Customer or any individual. Aggregated Data does not include Visitor Data, which is governed by Section 10.8.

9.7 Reservation of Rights. All rights not expressly granted in this Agreement are reserved by their owner. No implied licenses are granted.

10. Customer Data, Privacy, and Security

10.1 Privacy Policy. Attractify's collection and use of personal information is governed by the Privacy Policy, which is incorporated into this Agreement by reference. By using the Service, Customer consents to the collection and use of information as described in the Privacy Policy.

10.2 Use of Customer Data. Attractify will use Customer Data only to provide, maintain, secure, and improve the Service, as permitted by this Agreement, or as required by law. Attractify does not sell Customer Data.

10.3 Security. Attractify maintains commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data and Connected Account authorizations against unauthorized access. If Attractify becomes aware of unauthorized access to Customer Data in its systems, it will notify Customer without undue delay and as required by law.

10.4 Service Providers. Attractify uses third-party service providers, such as hosting, storage, video recording, transcription, artificial intelligence, social media publishing, email delivery, payment, and error-monitoring providers, to operate the Service. Attractify remains responsible for their performance under this Agreement.

10.5 Data Retention. How long Attractify keeps data after an account is no longer active depends on the account's jurisdiction: US-based accounts are retained indefinitely after cancellation to support aggregate benchmarking and case studies (any public use is anonymized); EU-based accounts are purged within 90 days of the account being archived, unless Attractify is required to retain data for legal or regulatory reasons. See the Privacy Policy for the full data retention policy. This anonymization applies to analytics and account data and does not limit Attractify's rights under Sections 6, 7, and 9. Attractify Materials, including Recordings, are retained indefinitely as Attractify's property. This Section 10.5 does not apply to Visitor Data, which Attractify retains and deletes as described in Section 10.8.

10.6 Data Processing Addendum. Where applicable data protection law requires it, the parties will enter into a data processing addendum on Customer's written request.

10.7 Service Monitoring. As part of operating and securing the Service, Attractify monitors application errors and performance using Sentry, a third-party error-monitoring and performance-tracing service, across its public website, the client portal, its recording studio, and its internal systems. On the public website, the client portal, and the recording studio, Attractify may also record a masked replay of on-screen activity to help diagnose and fix problems: all on-screen text and form inputs are masked before the replay leaves the browser. On the portal, no replay is recorded when a user arrives via a sign-in or password-reset link. By using the Service, Customer acknowledges this monitoring. For what is collected, how long it is kept, and available choices, see the Privacy Policy.

10.8 Website Tracking and Visitor Data

This Section 10.8 applies when Customer connects Google Tag Manager to the Service. As to Visitor Data, it controls over any other provision of this Agreement.

(a) Tags on Customer's Website. By connecting Google Tag Manager, Customer authorizes Attractify to add, update, and remove Attractify-named tags, triggers, and variables in the container Customer selects, and to publish new versions of that container that contain them, without asking Customer each time. Attractify makes these changes in a workspace named for Attractify, which Google does not allow Attractify to delete afterwards; Customer may delete it. Attractify will not change anything else in Customer's container. Customer may withdraw this authorization at any time by disconnecting Google Tag Manager in the portal. Once Customer disconnects, Attractify can no longer change the container, so Customer should ask Attractify to remove its tags before disconnecting, or delete the Attractify-named tags, triggers, variables, and workspace itself.

(b) What the Tags Do. The tags measure how visitors find and use Customer's website and which visits lead to enquiries. They store the following in visitors' browsers:

• att_ai_ft (a cookie kept for 90 days): which AI assistant first referred the visitor to Customer's website, the page they arrived on, and the date
• att_seen_ours (a cookie kept for 365 days): that the visitor read a page Attractify produced for Customer
• att_path (browser storage, which has no expiry date and is reset when the visitor returns after more than 90 days away): how the visitor reached Customer's website on their first and latest visits (the referring site or campaign, and the page they arrived on) and the last 15 pages they viewed

The tags send events to Customer's Google Analytics property. When a visitor submits the lead form Customer identified in the portal, they also send Attractify a record of how that visitor reached Customer's website: the source of their first and latest visits, the pages they viewed, the page and form they used, and their Google Analytics client ID. The record never includes what the visitor typed into the form. If Customer's website uses Google Consent Mode, the tags that store or send this information run only when the visitor has allowed analytics storage.

(c) Customer's Responsibilities. Customer is responsible for its website's privacy notice and for obtaining any consent the law requires from its visitors, including for the Attractify tags. Customer agrees to:

• Keep a privacy notice on its website that discloses this measurement, using the sample wording in Appendix A or wording at least as complete
• If it uses a cookie consent banner, configure it to pass visitors' choices to Google Tag Manager through Google Consent Mode
• Tell Attractify if it needs the tags paused or removed

(d) Attractify's Role. For information about Customer's website visitors that Attractify receives through the tags ("Visitor Data"), Attractify acts as Customer's service provider and processor. Attractify processes Visitor Data only to provide the Service to Customer. Attractify does not sell or share Visitor Data, and does not combine it with data from other customers or other sources. Attractify protects Visitor Data with the safeguards described in Section 10.3 and requires the same of any subprocessor. Visitor Data is not Aggregated Data, and Sections 9.6 and 10.5 do not apply to it.

(e) Retention and Deletion. Attractify keeps Visitor Data for up to 400 days. Attractify deletes it within 30 days of Customer's written request to admin@attractifymarketing.com, and within 30 days after Customer's account ends.

(f) Data Processing Terms. If the law that applies to Customer requires a written data processing agreement for Visitor Data, Attractify will sign one with Customer on request.

11. Fees, Billing, and Taxes

11.1 Free Scan. Attractify offers a free AI Visibility Scan that provides a one-time analysis of a domain's visibility across AI platforms. No payment is required for the free scan.

11.2 Paid Plans. All paid Plans are billed monthly in advance. Certain services, such as on-camera guidance, may be included only in specific Plans or offered as add-ons for additional Fees. By subscribing to a paid Plan, Customer agrees to:

• Pay all Fees associated with its chosen Plan
• Provide accurate and complete payment information
• Authorize Attractify to charge its payment method on a recurring basis

11.3 No Minimums. There is no minimum amount of content Customer must record. Attractify's recording recommendations are not requirements. Fees are owed in full whether or not Customer records, approves, or publishes any content during a billing period. Unused recording time, sessions, or Deliverables do not roll over and are not credited or refunded.

11.4 Late Payment. If a payment fails or is overdue, Attractify may retry the charge, charge interest on overdue amounts at the lesser of 1.5% per month or the maximum rate permitted by law, and suspend the Service after ten (10) days' notice until all amounts are paid. Customer is responsible for reasonable costs of collection.

11.5 Billing Disputes. Customer must notify Attractify in writing of any billing dispute within thirty (30) days of the charge. Charges not disputed within that period are final.

11.6 Taxes. Fees exclude sales, use, value-added, withholding, and similar taxes. Customer is responsible for all such taxes other than taxes on Attractify's net income.

11.7 Price Changes. Attractify reserves the right to change its pricing at any time. Attractify will provide at least 30 days' notice before any price increase takes effect. If Customer does not agree to the price change, it may cancel its subscription.

11.8 Refunds. Except as stated in Section 12.4, Fees are non-refundable, and Attractify does not provide refunds for partial months or unused portions of the Service.

12. Term, Renewal, and Termination

12.1 Term and Automatic Renewal. This Agreement begins on the Effective Date and continues until all Subscription Terms have ended. Each paid Plan renews automatically for successive one-month periods unless canceled before the end of the current billing period.

12.2 Cancellation by Customer.

• Customer may cancel its subscription at any time
• Cancellations take effect at the end of the current billing period
• Upon cancellation, Customer retains access to the Service until the end of its paid period
• Instead of canceling, Customer may downgrade to a monitoring tier if Attractify publicly offers one at that time. A monitoring tier keeps the account open at a lighter service level and preserves analytics history — Attractify recommends this over full cancellation if Customer wants to retain access to historical data

12.3 Termination or Suspension by Attractify. Attractify reserves the right to suspend or terminate Customer's account and access to the Service at any time, with or without notice, for any reason, including but not limited to:

• Violation of this Agreement
• Fraudulent or illegal activity
• Requests by law enforcement or other government agencies
• Discontinuance or material modification of the Service

12.4 Termination for Cause by Customer. Customer may terminate this Agreement if Attractify materially breaches it and fails to cure the breach within thirty (30) days after written notice. If Customer terminates under this Section, or if Attractify terminates for any reason other than Customer's breach, fraud, or illegal activity, Attractify will refund any prepaid Fees for the unused remainder of the current billing period.

12.5 Effect of Termination. Upon termination or expiration, Customer's right to use the Service immediately ceases, and:

• Published Content stays on Customer's Connected Accounts and website, and Customer keeps full ownership of it
• Attractify stops publishing and will revoke or delete its stored access to Customer's Connected Accounts within a commercially reasonable time
• Attractify will remove its tags from Customer's Google Tag Manager container if Customer asks before that access ends; otherwise Customer is responsible for deleting the Attractify-named tags, triggers, variables, and workspace, and Attractify deletes Visitor Data as described in Section 10.8
• Deliverables not yet published will not be published or otherwise delivered
• Customer's license to Attractify Materials ends, and its obligations under Sections 9 and 13 continue
• All unpaid Fees for periods before termination become immediately due

12.6 Survival. Sections 2, 6, 7, 8, 9, 10.5, 10.8, 11 (as to amounts owed), 12.5, 12.6, and 13 through 19, and any other provision that by its nature should survive, survive termination or expiration of this Agreement.

13. Confidentiality

13.1 Definition. "Confidential Information" means non-public information disclosed by one party (the "Discloser") to the other (the "Recipient") that is marked confidential or that a reasonable person would understand to be confidential. Attractify's Confidential Information includes the Attractify Materials and the non-public features, pricing, processes, and methodology of the Service. Customer's Confidential Information includes non-public Customer Data.

13.2 Obligations. The Recipient will (a) use the Discloser's Confidential Information only to perform under or exercise its rights in this Agreement, (b) not disclose it except to employees, contractors, and advisors who need to know it and are bound by confidentiality obligations at least as protective as these, and (c) protect it with at least reasonable care.

13.3 Specific Restrictions on Customer. Both during and after the Subscription Term, Customer will not:

• Share, disclose, or provide Attractify Materials or Attractify's Confidential Information to any other company, agency, consultant, or marketing provider
• Use Attractify Materials or Attractify's methodology, prompts, templates, or scripts to build, train, or improve any competing product or service, or to have another provider replicate Attractify's work
• Copy, reverse engineer, or systematically record the portal, its workflows, or its outputs

13.4 Exclusions. Confidential Information does not include information that (a) is or becomes public through no fault of the Recipient, (b) the Recipient already lawfully possessed without restriction, (c) the Recipient lawfully receives from a third party without restriction, or (d) the Recipient independently develops without use of the Discloser's Confidential Information.

13.5 Compelled Disclosure. The Recipient may disclose Confidential Information when required by law or court order, provided it gives the Discloser prompt notice where legally permitted and reasonable cooperation in seeking protective treatment.

13.6 Duration and Remedies. These obligations continue for five (5) years after this Agreement ends, and indefinitely for trade secrets and Attractify Materials. Unauthorized disclosure may cause irreparable harm, and the Discloser may seek injunctive relief in addition to any other remedy.

14. Representations, Warranties, and Disclaimers

14.1 Mutual Representations. Each party represents that it is validly existing, has full authority to enter into this Agreement, and that its performance will not violate any agreement by which it is bound.

14.2 Customer Warranties. Customer represents and warrants that (a) it has all rights, releases, and consents needed to grant the rights in this Agreement, including under Sections 5, 6, 7, and 9; (b) its Recordings, Customer Content, and Deliverables will not infringe or violate any third-party right or any law; and (c) it will comply with all laws and Third-Party Platform terms that apply to its use of the Service.

14.3 Service Availability. Attractify strives to provide reliable and uninterrupted access to the Service but does not guarantee that the Service will be available at all times. Attractify may:

• Perform scheduled maintenance that temporarily interrupts the Service
• Modify, suspend, or discontinue any aspect of the Service at any time
• Impose limits on certain features or restrict access to parts of the Service

Attractify will make reasonable efforts to notify Customer of any significant changes or interruptions. Publishing depends on Third-Party Platforms, APIs, and Customer's website, none of which Attractify controls, and may be delayed, fail, or be paused because of outages, API changes, expired or revoked connections, rate limits, or content rejected by a platform. These events do not entitle Customer to a refund or credit.

14.4 Disclaimer. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ATTRACTIFY DOES NOT WARRANT THAT:

• THE SERVICE WILL MEET CUSTOMER'S SPECIFIC REQUIREMENTS
• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• THE RESULTS OBTAINED FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE
• ANY ERRORS IN THE SERVICE WILL BE CORRECTED

14.5 No Guaranteed Results. Attractify does not guarantee specific results from using the Service, including but not limited to improvements in AI visibility, AI citations, search rankings, increased traffic, leads, or business growth. Attractify also does not guarantee that any Deliverable will be accepted, displayed, or distributed by any Third-Party Platform, or that transcriptions and edits will be free of errors.

15. Indemnification

15.1 By Customer. Customer will indemnify, defend, and hold harmless Attractify, its Affiliates, officers, directors, members, employees, agents, and licensors from and against any claims, liabilities, damages, losses, fines, penalties, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Customer's access to or use of the Service
• Customer's violation of this Agreement
• Customer's violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Any content Customer submits or transmits through the Service
• Any Recording, Deliverable, or Published Content, including any claim, statement, or representation in it, and any regulatory inquiry, investigation, or enforcement action relating to it
• Any claim by a person who appears in a Recording, including any claim that Customer failed to obtain a sufficient release
• Customer's Connected Accounts, including any claim that Customer was not authorized to connect them
• Customer's website privacy notice, or any failure to give a notice or obtain a consent that Section 10.8 makes Customer's responsibility

15.2 Procedure. The indemnified party will give prompt written notice of the claim, give the indemnifying party sole control of the defense and settlement, and provide reasonable cooperation at the indemnifying party's expense. The indemnifying party may not settle any claim that imposes an obligation or admission on the indemnified party without its prior written consent, which will not be unreasonably withheld.

16. Limitation of Liability

16.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATTRACTIFY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• CUSTOMER'S ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
• ANY CONTENT OBTAINED FROM THE SERVICE
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR CONTENT
• ANY RECORDING, DELIVERABLE, OR PUBLISHED CONTENT, OR ANY CLAIM, STATEMENT, OR REPRESENTATION IN IT
• ANY ACTION BY A THIRD-PARTY PLATFORM, INCLUDING REMOVAL OF CONTENT OR SUSPENSION OF AN ACCOUNT
• PUBLISHING THAT IS DELAYED, FAILS, OR OCCURS UNDER CUSTOMER'S CHOSEN PUBLISHING SETTINGS

16.2 Liability Cap. IN NO EVENT SHALL ATTRACTIFY'S TOTAL LIABILITY TO CUSTOMER FOR ALL CLAIMS RELATED TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT CUSTOMER PAID TO ATTRACTIFY IN THE 12 MONTHS PRECEDING THE CLAIM.

16.3 Application. THESE LIMITATIONS APPLY TO ALL THEORIES OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ATTRACTIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE FEES REFLECT THIS ALLOCATION OF RISK.

16.4 Customer Obligations Not Limited. Nothing in this Section limits Customer's obligation to pay Fees, Customer's indemnification obligations under Section 15.1, or Customer's liability for breach of Sections 4.2, 9, or 13.

17. Dispute Resolution; Governing Law

17.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

17.2 Informal Resolution. Before starting arbitration, a party must send written notice of the dispute to the other party, and the parties will try in good faith to resolve it for thirty (30) days.

17.3 Binding Arbitration. Any disputes arising out of or relating to this Agreement or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, under its Commercial Arbitration Rules, before a single arbitrator. The arbitration shall take place in California, and judgment on the arbitration award may be entered in any court having jurisdiction.

17.4 Class Action and Jury Waiver. Customer agrees that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action or other representative action. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.

17.5 Exceptions. Either party may bring an individual claim in small claims court. Notwithstanding the above, Attractify may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property, Attractify Materials, or Confidential Information, or to collect unpaid Fees.

17.6 Time Limit. Any claim by Customer arising out of this Agreement must be brought within one (1) year after it arises, or it is permanently barred, to the extent permitted by law.

18. Changes to This Agreement

Attractify reserves the right to modify this Agreement at any time. If Attractify makes changes, it will post the updated Agreement and update the "Last updated" date at the top. Attractify will also notify Customer via email or through a notice on the Service if it makes material changes, and may require Customer to accept the updated Agreement in the portal.

Customer's continued use of the Service after any changes constitutes acceptance of the updated Agreement. If Customer does not agree to the modified Agreement, it must stop using the Service. Changes do not reduce rights already granted for Recordings made before the change.

19. General Provisions

19.1 Entire Agreement. This Agreement, together with any Order Form, the Privacy Policy, and the website Terms of Service, constitutes the entire agreement between Customer and Attractify regarding the Service and supersedes any prior agreements. Any different or additional terms in a Customer purchase order or similar document are rejected.

19.2 Relationship of the Parties. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, fiduciary, or employment relationship. Attractify's limited agency to publish under Section 5 does not make Attractify responsible for Customer's content.

19.3 Assignment. Customer may not assign or transfer this Agreement or its account without Attractify's prior written consent. Attractify may assign or transfer this Agreement at any time without restriction, including in connection with a merger, acquisition, or sale of assets.

19.4 Force Majeure. Neither party is liable for delay or failure to perform, other than payment obligations, caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government action, internet or utility failures, and Third-Party Platform outages.

19.5 Notices. Attractify may give notices to the email address associated with Customer's account or through the portal. Customer is responsible for keeping that email address current and monitored. Notices from Attractify are effective when sent to the email address on file or posted in the portal, whether or not Customer actually receives or reads them. Customer must give legal notices to admin@attractifymarketing.com, and those notices are effective when received by Attractify.

19.6 Electronic Communications. Customer consents to receive agreements, notices, invoices, and other communications electronically.

19.7 Export Compliance. Customer represents that it is not located in, or owned or controlled by a person in, a country subject to comprehensive U.S. sanctions, and is not on any U.S. government restricted-party list. Customer will not use the Service in violation of U.S. export or sanctions laws.

19.8 Waiver and Severability. Attractify's failure to enforce any right or provision of this Agreement will not be deemed a waiver of that right or provision. If any provision of this Agreement is held invalid or unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

19.9 No Third-Party Beneficiaries. There are no third-party beneficiaries of this Agreement, except the indemnified parties under Section 15.

19.10 Third-Party Links. The Service may contain links to third-party websites or services that are not owned or controlled by Attractify. Attractify has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.

19.11 Interpretation. Headings are for convenience only. "Including" means "including without limitation." This Agreement will not be construed against either party as the drafter.

20. Contact Information

Questions about this Agreement may be sent to:

Attractify Marketing LLC

Email: admin@attractifymarketing.com

Website: attractifymarketing.com

Appendix A: Sample Privacy Notice Wording

Customers who connect Google Tag Manager may use this wording in their website's privacy notice, completing the parts in square brackets:

How we measure visits and enquiries

We use Google Analytics to understand how visitors find and use this website. Google Analytics uses cookies and similar technology to collect information such as the pages you view, how you arrived (for example from a search engine, a social network, or an AI assistant), your device and browser, and your approximate location. Google's use of this data is described at https://policies.google.com/technologies/partner-sites.

We work with Attractify Marketing, which helps us understand which content and channels bring us enquiries. Through our Google Tag Manager account, Attractify's measurement code stores the following on your device:

• att_ai_ft (cookie, 90 days): which AI assistant first referred you to this website, the page you arrived on, and the date
• att_seen_ours (cookie, 365 days): that you read one of our articles
• att_path (browser storage, reset if you return after more than 90 days away; clearing this website's data in your browser removes it): how you reached this website on your first and latest visits (the referring site or campaign, and the page you arrived on) and the last 15 pages you viewed

When you submit our [contact or quote] form, a record of how you reached this website, the pages you viewed, and your Google Analytics browser ID is sent to Attractify as our service provider. It does not include anything you type into the form. Attractify uses it only to provide services to us and keeps it for up to 400 days.

[If you use a cookie consent banner:] These tools run only if you accept analytics cookies. You can change your choice at any time through [link to your cookie settings].

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