Terms of Service

1. Agreement to Terms

By accessing or using Mentioned's platform and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access our Services.

Mentioned is operated by Mentioned Pty Ltd ("Company", "we", "our", or "us"), a company registered in Australia with its registered office at Gold Coast, Queensland, Australia.

2. Description of Services

Mentioned provides an AI search visibility tracking platform that helps Australian businesses monitor and improve their presence across AI-powered search engines. Our Services include:

• Brand visibility tracking across AI platforms (ChatGPT, Claude, Perplexity, Google AI Overviews, and others)
• Competitor monitoring and analysis
• AI search performance analytics and reporting
• Visibility trend insights and alerts
• Dashboard and reporting tools

3. Account Registration and Security

To use certain features of our Services, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorised use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activity.

4. Acceptable Use Policy

You agree not to use our Services to:

• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorised access to our systems or networks
• Interfere with or disrupt the Services or servers
• Use automated systems to access the Services without permission
• Impersonate any person or entity or misrepresent your affiliation
• Engage in any fraudulent, deceptive, or manipulative practices
• Exceed usage limits specified in your subscription plan

5. Intellectual Property Rights

Our Content: The Services and all content, features, and functionality are owned by Mentioned Pty Ltd and are protected by copyright, trademark, and other intellectual property laws.

Your Content: You retain ownership of any content you submit to our Services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, and display that content solely for the purpose of providing and improving our Services.

Third-Party AI Content: Content captured from AI platforms is generated by those third parties, not by Mentioned. We display this content to show you what AI search engines say about your brand. You are responsible for how you use these insights.

6. Payment and Subscription Terms

Pricing: We offer subscription plans with different features and usage limits. All prices are in Australian Dollars (AUD) and include GST. Current pricing:

• Starter: $59 AUD/month
• Professional: $149 AUD/month
• Scale: $299 AUD/month

Pricing may change with 30 days' notice to existing subscribers.

Billing: Subscriptions are billed in advance on a recurring basis (monthly or annually). You authorise us to charge your payment method for all fees incurred.

Cancellation: You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. We do not provide refunds for partial subscription periods, except as required by Australian Consumer Law.

Free Trials: If offered, free trials are available to new users only. We may require payment information to start a trial and will notify you before charging your payment method.

7. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot be excluded, restricted, or modified.

If our Services fail to meet a consumer guarantee:

• For major failures, you may cancel and receive a refund for unused services
• For minor failures, we will remedy the issue within a reasonable time

8. Data and Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our data practices as described in the Privacy Policy.

We comply with the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles.

9. Third-Party Services and AI Platforms

Our Services interact with third-party AI platforms (ChatGPT, Claude, Perplexity, Google, and others) to monitor your brand visibility. Your use of our Services is subject to those platforms' availability and terms.

We are not affiliated with these AI platforms and do not control their responses, availability, or accuracy. Any reliance on data captured from these platforms is at your own discretion.

10. Disclaimers and Limitations of Liability

Service Availability: Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, except those that cannot be excluded under Australian Consumer Law. We do not guarantee that the Services will be uninterrupted, secure, or error-free.

AI Response Accuracy: AI-generated content captured from third-party platforms is provided for informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of any AI-generated content.

Visibility Results: We do not guarantee any specific visibility outcomes, AI mentions, or traffic increases. Results may vary based on numerous factors outside our control, including how AI platforms choose to respond to queries.

Limitation of Liability: To the maximum extent permitted by law, Mentioned Pty Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our Services.

Our total liability for any claim arising from these Terms or your use of our Services is limited to the amount you paid us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Mentioned Pty Ltd, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.

12. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of subscription fees
• Extended period of inactivity

Upon termination, your right to use the Services will immediately cease. Your data will be retained for 90 days, then deleted. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date at the top of this page
• Sending an email notification for significant changes

Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia.

Any disputes arising from these Terms or your use of the Services shall first be addressed through good faith negotiation. If unresolved, disputes may be referred to mediation before proceeding to the courts of Queensland, Australia, which shall have exclusive jurisdiction.

You retain any rights to take action under Australian Consumer Law regardless of this clause.

15. Contact Information

If you have questions about these Terms, please contact us:

Email: hello@mentioned.com.au

Mentioned Pty Ltd
Gold Coast, Queensland
Australia

16. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy and AI Policy, constitute the entire agreement between you and Mentioned Pty Ltd regarding the Services and supersede all prior agreements.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

Force Majeure: We are not liable for delays or failures caused by circumstances beyond our reasonable control.

Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights and obligations without restriction.