1. Acceptance of these terms
Etyma is operated by Etyma Inc, a company registered at The Green, 8, Dover, DE 19901, US. These Terms & Conditions form an agreement between you and Etyma Inc covering your use of the Etyma website, the Etyma platform and any related services (together, the "Service").
By creating an account, starting a trial or otherwise using the Service, you confirm that you accept these terms. If you do not accept them, please do not use the Service.
If you are using the Service on behalf of a company or other organisation, you confirm that you are authorised to bind that organisation, and “you” means that organisation.
2. What the Service does
Etyma queries generative AI engines on a recurring basis and reports how those engines describe a brand: how often it is mentioned, in what terms, alongside which competitors, and which sources appear to inform the answer.
The Service reports on the output of third-party AI systems that we do not control. Those systems are non-deterministic and change without notice. Etyma therefore reports observations, not guarantees, and its output should not be treated as a complete or authoritative account of how any AI engine behaves.
3. Accounts and eligibility
You must be at least 18 years old and able to enter into a binding contract to use the Service.
You are responsible for the accuracy of the information you register, for keeping your credentials confidential, and for all activity that occurs under your account. Tell us promptly at privacy@betelytics.com if you believe your account has been used without your authorisation.
4. Trials, plans and billing
Paid plans are billed in advance on a recurring basis through Stripe, our payment processor. We do not receive or store your full card details; Stripe processes them under its own terms.
- Where a free trial is offered, it runs for the period stated at sign-up and converts to a paid plan only if you choose to subscribe.
- Subscriptions renew automatically for successive periods until cancelled.
- You may cancel at any time. Cancellation takes effect at the end of the period already paid for, and the Service remains available until then.
- Except where required by law, fees already paid are not refundable.
- We may change our prices. Any change applies from your next renewal, and we will give you reasonable notice before it takes effect.
Prices are exclusive of taxes unless stated otherwise. You are responsible for any taxes due on your purchase other than taxes on our income.
5. Acceptable use
You agree not to:
- use the Service unlawfully, or to infringe anyone's rights;
- resell, sublicense or make the Service available to a third party except as expressly permitted by your plan;
- attempt to access accounts, data or systems that are not yours;
- probe, scan, overload or otherwise interfere with the Service or its infrastructure;
- reverse engineer or attempt to derive the source code of the Service, except to the extent this restriction is prohibited by law;
- use automated means to extract data from the Service beyond the interfaces we provide.
We may suspend or terminate access that we reasonably believe breaches this section, poses a security risk, or exposes us or other customers to liability.
6. Your data and our intellectual property
You keep all rights in the data and content you submit to the Service. You grant us a limited licence to host, process and display that content solely so that we can provide and support the Service.
The Service itself — its software, design, text and marks — remains the property of Etyma Inc and its licensors. These terms grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with your plan, and nothing more.
We may produce aggregated, de-identified statistics about how the Service is used, and may use those to operate and improve it. Such statistics never identify you or your customers.
7. Third-party services
The Service depends on third parties, including hosting, payment processing, email delivery and the AI engines it observes. We are not responsible for those third parties' own services, availability or terms.
Where the Service processes personal data, it does so through the sub-processors listed in our Privacy Policy.
8. Availability and changes
We work to keep the Service available, but we do not promise uninterrupted access. Maintenance, upgrades, third-party failures and events outside our control may interrupt it.
We may add, change or withdraw features. Where a change materially reduces the core functionality of a paid plan, we will give you reasonable notice, and you may cancel and receive a pro-rata refund for the unused part of your current period.
9. Disclaimers
To the fullest extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that the Service will be error-free, that its measurements will be complete or uninterrupted, or that its output will produce any particular commercial result. Etyma is an analytics tool; it is not legal, financial or professional advice, and decisions you take on the basis of its output are yours.
Nothing in these terms excludes liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, or for fraud.
10. Limitation of liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data or loss of goodwill, even if advised that such loss was possible.
To the fullest extent permitted by law, Etyma Inc's total aggregate liability arising out of or relating to the Service in any twelve-month period is limited to the amounts you paid us for the Service in the twelve months before the event giving rise to the claim.
Some jurisdictions do not allow certain limitations, in which case the limitations above apply only so far as that jurisdiction permits.
11. Indemnity
You agree to indemnify Etyma Inc against claims, losses and reasonable costs arising from your breach of these terms, your misuse of the Service, or your infringement of a third party's rights.
12. Termination
You may stop using the Service and close your account at any time. We may suspend or terminate your access if you materially breach these terms and, where the breach can be remedied, do not remedy it within a reasonable period after we ask.
On termination, your right to use the Service ends. You may export your data before your account closes; afterwards we delete or anonymise it in line with our Privacy Policy, subject to any retention the law requires.
13. Governing law
These terms are governed by the laws of Delaware, USA, without regard to its conflict-of-laws rules, and the state and federal courts located in Delaware have exclusive jurisdiction over any dispute.
If you are a consumer resident in the European Union, the European Economic Area or the United Kingdom, this does not deprive you of the protection of the mandatory consumer laws of your country of residence, or of your right to bring proceedings in your local courts.
14. Changes to these terms
We may update these terms as the Service and the law change. When a change is material we will give notice by email or in the product before it takes effect. Continuing to use the Service after that date means you accept the updated terms.
15. Contact
Questions about these terms can be sent to privacy@betelytics.com, or by post to Etyma Inc, The Green, 8, Dover, DE 19901, US.