Terms of Service
Last updated: 14 November 2026
These terms apply to all services provided by Martin Freiwald, trading as EmberCite, 10609 101 St NW, Edmonton, AB T5H 2S2, Canada, hello@embercite.com (“EmberCite”, “we”, “us”) to you as a customer (“you”).
1. Business customers only
1.1 Our services are offered only to businesses (companies, sole traders and freelancers acting in their trade or profession, agencies and public bodies). By ordering, you confirm that you are acting for business purposes and not as a consumer.
1.2 Our services are aimed at businesses in the United States, Canada, the United Kingdom and Australia. We do not actively market our services in the European Union. If you are a business elsewhere and still want to order, please contact us first.
1.3 Your own terms do not apply, even if we do not object to them.
2. Services
2.1 AI Visibility Audit (one-time). We measure how your brand appears in answers from AI platforms (currently ChatGPT, Gemini, Perplexity and Google AI Overviews). We ask a defined set of questions relevant to your market several times and compare your brand with up to five competitors. You may name the competitors; if you don’t, we choose five. You may add up to five questions of your own. Markets: United States, Canada, United Kingdom and Australia, in English. You receive a written report with prioritised recommendations and a CSV file with all answers we collected. The current scope (number of platforms, questions and runs) is described on embercite.com at the time of your order.
2.2 AI Visibility Monitoring (subscription). We repeat the measurement every month for one brand with the same method (currently 20 questions × 4 platforms × 3 runs) and send you a monthly report. Monitoring can be booked with or without a previous audit.
2.3 White-label services for agencies. Agencies may buy audits and monitoring reports without EmberCite branding, or with their own branding, and resell them to their clients (“White-Label”). Additional terms in section 8 apply.
2.4 Optional extras. A follow-up check 90 days after your audit is available for an extra fee (section 4). Help with implementing recommendations is available on request, based on a separate quote.
2.5 Free mini-check. On our website you can request a free mini-check of your AI visibility. It is a short sample, not an audit. It is provided as is, without any warranty, and creates no obligation to buy. We may limit the number of free checks per company.
2.6 We may use software, AI services and subcontractors to provide the services. We remain responsible for our services.
3. Ordering and contract
3.1 Our website is an invitation to order, not a binding offer.
3.2 You order through our order form. For audits, you submit your brand, website, target market and, optionally, competitors and own questions.
3.3 A contract is concluded when we confirm your order by email and send you the invoice.
4. Prices, invoices and payment
4.1 Current prices:
| Service | Price |
|---|---|
| AI Visibility Audit | USD 290, one-time (launch price; regular price USD 390) |
| AI Visibility Monitoring | USD 59 per brand per month |
| White-Label, fewer than 10 brands | USD 59 per brand per month |
| White-Label, 10 or more brands | USD 29 per brand per month |
| Follow-up check after 90 days (optional) | USD 149, one-time |
The price shown on embercite.com at the time of your order applies.
4.2 Prices are net. Where sales taxes apply (for example GST/HST in Canada), we add them to the invoice as required by law. Where your country requires you to self-assess tax on services bought from abroad, you are responsible for doing so.
4.3 We send you an invoice by email. You pay by bank transfer. Invoices are payable within 14 days. We start work only after the full invoice amount has arrived in our account. If we do not receive payment within 14 days, the order lapses at no cost to you.
4.4 You bear your own bank charges, currency conversion fees and any withholding taxes, so that the invoiced amount reaches us in full.
4.5 Monitoring and White-Label subscriptions are invoiced monthly in advance and renew automatically each month until cancelled. Each new month of service starts once the invoice for that month is paid. If a monthly invoice remains unpaid, we pause the service.
4.6 We may change subscription prices with at least 30 days’ notice by email. The new price applies from the next billing period after the notice period. You may cancel before then.
5. Delivery
5.1 We deliver audits within 3 business days after (a) your payment has arrived in our account and (b) we have received all information we need. The delivery period does not start before both have happened.
5.2 If we miss this deadline, you may cancel and receive a full refund (see Refund Policy).
5.3 Reports are delivered by email or as a download link.
6. No guarantee of AI mentions or rankings
6.1 Answers from AI platforms are generated by systems owned by third parties. They change often, can differ from one query to the next and can contain errors. We do not control them.
6.2 Our reports show what we measured at the time of measurement. They are a sample, not a complete picture of every possible answer.
6.3 We do not guarantee that your brand will be mentioned, recommended or cited by any AI platform, that any recommendation will improve your visibility, or any particular ranking, traffic, leads or revenue.
6.4 Recommendations are suggestions. You decide whether and how to implement them, and you are responsible for checking that they are lawful for your business.
7. Your responsibilities
7.1 The information you give us must be accurate. You must have the right to give us that information.
7.2 You may not use our services or reports to mislead consumers, to make false claims about competitors or for any unlawful purpose.
7.3 You must not resell our reports unless you are a White-Label partner (section 8).
8. White-Label partners
8.1 As a partner you may present our reports under your own brand and set your own prices for your clients.
8.2 You are the contractual partner of your clients. We have no contract with your clients and you will not refer them to us for support, complaints or refunds.
8.3 You are responsible for your own marketing claims. You must not promise your clients guaranteed AI mentions or rankings.
8.4 If you share personal data of your clients with us, you must have a legal basis to do so. Where required, we will sign a data processing agreement with you (Art. 28 GDPR).
8.5 We will not contact your clients directly for marketing purposes.
8.6 We reply to partner enquiries within 2 business days. Partner subscriptions can be cancelled monthly. The volume price applies as long as at least 10 brands are active.
9. Term and cancellation
9.1 Audits end with delivery of the report. You can cancel an audit free of charge before we start (see Refund Policy).
9.2 Monitoring and White-Label subscriptions run month-to-month. You can cancel at any time by email, effective at the end of the current paid month. No partial refunds for unused days, unless stated in our Refund Policy.
9.3 We may cancel a subscription with 30 days’ notice. We may terminate immediately for good cause, especially in case of non-payment or misuse (section 7).
10. Intellectual property
10.1 Once paid, you receive a non-exclusive, perpetual, worldwide right to use the reports for your own business purposes (and, for White-Label partners, to pass them on to their clients).
10.2 Our software, methods, question sets, scoring model, templates and know-how remain our property.
10.3 We may use anonymised and aggregated data from audits (without naming you) to improve our services and to publish general market statistics.
10.4 We will name you as a customer only with your prior written consent.
11. Confidentiality and data retention
11.1 We treat information you share with us as confidential and use it only to provide our services. This does not apply to information that is public.
11.2 We keep report data for 12 months after delivery and then delete it (details in our Privacy Policy). Please save your reports.
12. Liability
12.1 We are liable without limitation for intent and gross negligence, for injury to life, body or health, and where liability cannot be limited by law.
12.2 For slight negligence we are liable only for breach of essential contractual obligations, and only for typical, foreseeable damage. In that case our total liability is limited to the amount you paid us in the 12 months before the event giving rise to the claim.
12.3 We are not liable for changes, outages or errors of AI platforms or other third-party services, or for decisions you make based on our reports.
13. Privacy
Our Privacy Policy explains how we handle personal data.
14. Governing law
These terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
15. Final provisions
15.1 We may update these terms. For existing subscriptions, we will notify you by email at least 30 days before changes take effect. If you do not cancel before then, the new terms apply. We will point this out in the notice.
15.2 If any provision is invalid, the rest remains valid.
15.3 The English version of these terms is binding.