app.bettersight.io/legal/terms-of-service.md

133 lines
5.3 KiB
Markdown

<!--
DRAFT — not legal advice. Section 4 below is CLAUDE.md §30's required
scraping clause, reproduced verbatim (do not paraphrase it — it's the
liability-shifting language the whole scraping legal position depends
on). Everything else is standard SaaS ToS structure built around it.
Have this reviewed by an actual lawyer before publishing to
bettersight.io/terms.
Fields marked [BRACKETED] need your input before this is ready to publish.
-->
# Bettersight Terms of Service
**Last updated:** [DATE]
These Terms of Service ("Terms") govern your use of Bettersight, a
competitive intelligence platform operated by Undo Designs LLC
("Undo Designs," "we," "us," or "our"). By creating an account or
using Bettersight, you agree to these Terms.
## 1. The Service
Bettersight automates competitor price tracking, trip discovery, and
market analysis for adventure travel operators. You describe the
competitor websites and products you want tracked; Bettersight
retrieves publicly available data from those sites on your behalf and
delivers structured intelligence to your dashboard and connected
Google Sheet.
## 2. Subscription, Billing, and Trials
- Bettersight is offered on the tiers and pricing published at
[bettersight.io], billed monthly via Stripe.
- Trial periods (14/21/30 days depending on tier) require no credit
card to start. If a card is on file when the trial ends, your
subscription converts automatically to a paid plan; if not, your
account is paused until you subscribe.
- You can add or remove seats, upgrade your tier, or cancel at any
time from your Account page or the Stripe customer portal.
- Fees are non-refundable except where required by law.
## 3. Acceptable Use
You agree to use Bettersight only for legitimate competitive
intelligence purposes related to your own business, and not to:
- Share your account access beyond the seats included in your plan
- Use Bettersight to target websites you do not have a legitimate
competitive interest in monitoring
- Attempt to circumvent seat limits, rate limits, or other technical
restrictions on the Service
- Use the Service in a way that violates applicable law
We may suspend or terminate accounts that violate this section.
## 4. Competitor Data Retrieval — Your Responsibility
By using Bettersight, you (the client) acknowledge and agree that:
(a) Bettersight retrieves publicly available data from third-party
websites on your behalf as instructed by you. You are solely
responsible for ensuring that your use of Bettersight and any data
retrieved through it complies with the terms of service of any
third-party website, applicable law, and any other relevant
obligations.
(b) Bettersight does not access any password-protected,
subscription-gated, or otherwise non-public content. All data
retrieved is publicly accessible to any internet user without
authentication.
(c) Bettersight limits its retrieval activity to a frequency
consistent with normal human browsing behaviour and does not engage in
denial-of-service or scraping activity that would unreasonably burden
any third-party server.
(d) Undo Designs LLC accepts no liability for any claims arising from
a third party in connection with data retrieved from their website on
your behalf. You agree to indemnify and hold harmless Undo Designs LLC
from any such claims.
## 5. Data Ownership
You own the data you enter into Bettersight (your competitor list,
research history, and any custom configuration). We own the
Bettersight platform, its underlying software, and the structured
intelligence formatting it produces. On account deletion, your data is
permanently erased per our [Privacy Policy](/privacy) — we do not
retain a copy for our own use afterward.
## 6. Third-Party Services
Bettersight relies on third-party infrastructure (Stripe for payment,
Resend for email, OpenRouter for AI-assisted analysis, Hetzner for
hosting, and proxy providers for competitor page retrieval). We are
not responsible for outages or failures originating from these
providers, though we will make reasonable efforts to maintain service
continuity.
## 7. Disclaimer and Limitation of Liability
Bettersight is provided "as is." Competitive intelligence extracted by
Bettersight is generated by automated scraping and AI analysis and may
occasionally be incomplete or inaccurate — you should use it as a
research aid, not as the sole basis for pricing or strategic
decisions. To the maximum extent permitted by law, Undo Designs LLC's
total liability for any claim arising from your use of Bettersight is
limited to the fees you paid in the 12 months preceding the claim.
## 8. Termination
You may cancel your subscription at any time. We may suspend or
terminate your account for violation of these Terms, non-payment, or
if required by law. On termination, Section 4's obligations and
Section 5's data ownership terms survive.
## 9. Changes to These Terms
We'll update the "Last updated" date above if these Terms change
materially, and notify active clients by email of any change that
affects their rights or obligations.
## 10. Governing Law
These Terms are governed by the laws of [STATE/COUNTRY OF
INCORPORATION], without regard to conflict-of-law principles.
## 11. Contact
Questions about these Terms: **support@bettersight.io**
[Undo Designs LLC — company address / registration details]