AI Functionality Terms

These BrandGap.AI Artificial Intelligence Functionality Terms ("AI Terms") apply with respect to your use of BrandGap.AI Services containing or using AI-Powered Recommendation Engines or Generative AI Analysis ("AI Services"), as hereinafter defined, and form part of the BrandGap.AI Terms of Service available at https://brandgap.ai/terms or such other applicable agreements between you and BrandGap.AI ("BrandGap.AI Terms of Service") governing your use of BrandGap.AI Services. By registering for, accessing, or using AI Services, you acknowledge that you have read, understood, and agree to be bound by these AI Terms. Capitalized terms not defined herein shall have the meanings assigned to them in the BrandGap.AI Terms of Service. In the event of any conflict between these AI Terms and the BrandGap.AI Terms of Service, these AI Terms shall prevail solely with respect to AI Services.

DEFINITIONS

"AI Services" - means BrandGap.AI features that generate or analyze reports, competitor suggestions, strategy chat responses, Distinctiveness Check results, positioning recommendations, tone and visual scores, category-level insights, or similar outputs using AI or automated analysis.

"AI-Output" means reports, maps, scores, summaries, recommendations, chat responses, competitor suggestions, Distinctiveness Check results, and other generated or analytical content returned by the AI Services.

"User Input" - means information that you or your team submit to the Services, including project names, industry, location, target audience, competitor URLs, optional social URLs, asset URLs, asset text, chat prompts, feedback, and other content you provide.

AI SERVICES SPECIFICS AND PRINCIPLES

1. BrandGap.AI, does not currently fine-tune third-party AI models on customer inputs. BrandGap.AI may use aggregated or de-identified data, report metadata, methodology hashes, and public brand signals to improve methodology, product quality, prompts, benchmarks, and category-level insights.

2. You retain all rights you may have in User Input.

3. You are solely responsible for User Input and shall ensure that you have all the rights and permissions to make available User Input while using AI Services.

4. In connection with your use of AI Services, you may receive AI Services Output generated and returned by AI Services. You are solely responsible for the distribution, operation, maintenance and use of User Input and AI Services Output.

5. Notwithstanding any terms to the contrary in this Agreement, solely to enable us to provide AI Services you permit BrandGap.AI and its service providers to host, transmit, process, cache, analyze, modify, and display User Input, Public Brand Signals, and AI Output as needed to operate the Services.

6. Subject to your compliance with the Terms of Service, BrandGap.AI grants you a non-exclusive right to use AI Output for your internal business, strategy, research, presentation, and brand-planning purposes.

7. BrandGap.AI may use third-party providers as part of the AI Services functionality, including but not limited to using Anthropic. The platform also uses operational service providers for authentication, hosting, data storage, payments, email delivery, monitoring, scraping, caching, and brand-directory enrichment, including Vercel, Clerk, Stripe, Turso/libSQL, Upstash Redis, Resend, Sentry, ScrapingBee, Brandfetch, and limited search fallbacks where configured..

8. You shall use AI Services in compliance with all applicable laws.You must not use the AI Services as the sole basis for medical, legal, financial, employment, credit, insurance, law-enforcement, immigration, or other high-impact decisions about individuals, or for any illegal, deceptive, infringing, or abusive purpose.

9. Our AI Services are not intended to collect personal data from you, and you must not include personal data in any User Input that is passed through our AI Services unless you comply with all data protection and privacy laws and regulations applicable to the personal information, including providing privacy notices and obtaining consent, where required. BrandGap.AI will process any personal data provided by you for registration for the AI Services (e.g. when creating an account), in accordance with our Privacy Policy.

10. AI-powered features are governed by these AI Functionality Terms and the Terms of Service at https://brandgap.ai/terms. AI Output may be inaccurate, incomplete, biased, outdated, non-unique, or unsuitable for a specific decision. You are responsible for human review and independent verification.

8.1. AI Limitations and Disclaimer

While BrandGap.AI's tools aim to enhance your brand intelligence experience, you acknowledge and agree that:

AI-generated recommendations, responses, or feedback may be inaccurate, incomplete, or unsuitable for your specific needs.

You are solely responsible for reviewing and verifying any AI-generated recommendations, content or strategy before using it (e.g., rebranding or raising investment).

BrandGap.AI does not guarantee commercial gains based on AI recommendations.

BrandGap.AI disclaims all liability for decisions made by you based on AI generated recommendations, content or strategy.

WARRANTY DISCLAIMER

WITHOUT LIMITING THE WARRANTY DISCLAIMER OR THE LIMITATION OF LIABILITY SET FORTH IN THE BrandGap.AI TERMS OF SERVICE, BrandGap.AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE AI SERVICES, INCLUDING ANY WARRANTIES THAT THE AI SERVICES OR THEIR OUTPUTS WILL BE FREE FROM ERRORS, BIAS, OR OMISSIONS, OR THAT THE OUTPUTS WILL BE UNIQUE, ACCURATE, RELIABLE, OR FIT FOR ANY PARTICULAR PURPOSE.

CHANGES

WE MAY CHANGE THE TERMS AND PROVISIONS OF THESE AI TERMS FROM TIME TO TIME BY POSTING THE UPDATED TERMS ON OUR WEBSITE. YOU CAN REVIEW THE MOST CURRENT VERSION OF THIS AGREEMENT AT ANY TIME AT https://brandgap.ai/ai-functionality-terms OR A SUCCESSOR URL THAT WE MAY DESIGNATE. THE REVISED TERMS AND CONDITIONS WILL BECOME EFFECTIVE IMMEDIATELY AFTER WE POST THE UPDATED TEXT ON OUR WEBSITE. IF YOU USE THE SERVICES AFTER SUCH DATE, SUCH USE WILL CONSTITUTE ACCEPTANCE OF THE REVISED TERMS AND CONDITIONS.