1. Who we are and what these Terms cover
These Terms of Service (the “Terms”) are a binding agreement between Fiftify Inc., a Delaware corporation with its registered address at 1111B S Governors Ave STE 23190, Dover, DE 19904, United States (“Fiftify”, “we”, “us”), and the person or organisation that creates an account, signs an Order Form or otherwise uses the Askority website at askority.com and the Askority software platform, including the API, integrations, reports and any services our team performs for you (together, the “Service”). Askority is a product operated by Fiftify Inc..
By clicking “I agree”, signing an Order Form or using the Service, you accept these Terms. If you accept on behalf of a company or other legal entity, you confirm that you have authority to bind that entity, and “you” refers to that entity. If you do not agree, do not use the Service. If you have signed a separate written agreement with us (for example a Master Services Agreement or an Order Form with its own terms), that agreement governs where the two conflict.
2. Definitions
“Order Form” means a written or electronic order for the Service that states the plan or service package, limits, fees and term. “Customer Data” means data you upload to the Service, data you connect through integrations such as Google Analytics 4, and the analytics data the Service generates for your account. “Output” means answers, scores, forecasts, drafts, diagnoses and other content the Service produces. “AI Engines” means third-party AI answer engines and assistants the Service queries, such as ChatGPT, Perplexity, Gemini, Copilot and Claude. “Authorised User” means an employee or contractor you allow to use the Service under your account.
3. Accounts and Authorised Users
You must provide accurate registration information and keep it current. You are responsible for all activity under your account and by your Authorised Users, for keeping credentials confidential, and for making sure your Authorised Users follow these Terms. Tell us at [email protected] without delay if you suspect unauthorised access. The Service is intended for businesses; you must be at least 18 years old to use it.
4. Plans, services and fees
Subscription plans, service packages, limits (such as tracked prompts, brands, countries, runs per day and audits) and fees are those shown on the Pricing page or stated in your Order Form at the time of purchase. Fees are quoted in US dollars, exclusive of taxes, and are billed in advance for each billing period through our payment processor unless the Order Form says otherwise. You authorise us to charge the payment method on file. If a payment fails or is overdue we may suspend the Service after notice. Upgrades take effect immediately and are prorated; downgrades take effect at the next billing period. Done-for-you services (audits, setup and managed visibility) are delivered according to the scope agreed in writing before work begins; changes to scope are agreed in writing and may change the fee. We may change prices with at least 30 days’ notice; changes apply from your next renewal.
5. Free plan
The Free plan needs no card and is limited in features and volume. It may be changed or withdrawn at any time and is provided “as is” without the warranties in these Terms. When a paid plan ends without renewal, your account returns to the Free plan or becomes read-only, and Customer Data is retained for 30 days so you can export it.
6. Term, renewal and cancellation
Subscriptions renew automatically for successive periods equal to the initial period unless either party cancels before the renewal date. The price, billing frequency and the fact that the subscription renews until cancelled are shown before you subscribe and in your Order Form. You can cancel through your account settings or by writing to [email protected]; cancellation takes effect at the end of the current period and you keep access until then. Managed services are month to month and can be cancelled with notice before the next monthly period. After cancellation your account remains read-only for 30 days for export, and we delete Customer Data within 90 days as described in the section “Data export, retention and deletion”. Fees already paid are not refundable except where the law requires otherwise or where we terminate for convenience under the section “Suspension and termination”.
7. Your obligations and acceptable use
You will use the Service for your own business purposes or, if you are an agency under a plan that permits client use, on behalf of your clients, and in compliance with applicable law. You will not: (a) resell, sublicense or provide the Service to third parties except as permitted by your plan; (b) copy, modify, reverse engineer or create derivative works of the Service; (c) use automated means to scrape or extract data from the Service beyond the API and export features we provide; (d) use the Service to build or train a competing product; (e) attempt to access other customers’ data or interfere with the Service or its security; (f) upload content that infringes third-party rights or is unlawful; (g) use the Service in a way that violates the terms of the AI Engines or other third-party services it queries on your behalf; (h) submit personal data of individuals to the Service beyond what is described in the Data Processing Agreement; or (i) use the Service to circumvent usage limits, access controls or restrictions imposed by any third-party AI Engine, or to obtain direct access to an AI Engine beyond the functionality the Service provides. We may suspend accounts that breach this section after notice, or immediately where a breach threatens the Service or other customers.
8. Customer Data and privacy
You retain all rights in Customer Data. You grant us a worldwide, non-exclusive licence to host, process, display and transmit Customer Data as necessary to provide, secure, support and improve the Service and as otherwise permitted in these Terms. You are responsible for the accuracy and lawfulness of Customer Data and for having the rights and consents needed to connect third-party accounts (for example a Google Analytics 4 property) to the Service.
We do not sell Customer Data and we do not use Customer Data to train general-purpose AI models. We may use aggregated and de-identified data derived from use of the Service, which does not identify you, your Customer Data or any individual, to operate, benchmark and improve the Service and to publish industry statistics. Where we process personal data on your behalf, our Data Processing Agreement applies and forms part of these Terms. Our Privacy Policy explains how we handle personal data as a controller, for example your account and website data.
9. Data export, retention and deletion
You can export prompts, executions, citations, actions and attribution data in CSV at any time while your account is active and during the 30-day read-only period after cancellation. We delete Customer Data from active production systems within 90 days after the end of that period, except where retention is required by law or for legitimate dispute resolution, and except that copies may remain in encrypted backups until those backups are overwritten in accordance with our backup retention schedule.
10. AI Engines and Output
The Service collects answers from AI Engines and public web pages and analyses them. Those answers are generated by third parties, vary from run to run, and may be inaccurate, incomplete, biased or change without notice. Fiftify does not control the AI Engines, has no affiliation with their operators, and makes no promise about how any AI Engine will describe, rank or cite your brand. Output such as visibility scores, confidence labels, prompt volumes, impact forecasts, root-cause explanations and content drafts is produced automatically, is an estimate or a starting point, and is not professional advice. You are responsible for reviewing Output before relying on it or publishing it, and for the content you publish on your own properties. AI visibility metrics are estimates based on sampled or observed AI responses and should not be read as a complete measure of all AI-generated responses or of user behaviour. We do not guarantee any particular ranking, mention, citation, traffic or revenue result.
11. Third-party services and integrations
The Service interoperates with third-party services (for example Google Analytics, Google Merchant Center, e-commerce platforms and the AI Engines). Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services, for changes they make to their APIs or terms, or for their availability. Where a third party restricts or withdraws access, we will make reasonable efforts to offer an alternative but may need to change or remove the affected functionality.
12. Intellectual property and feedback
The Service, including its software, models, design, documentation, reports templates and aggregated statistics, is owned by Fiftify and its licensors and is protected by intellectual property laws. Except for the limited right to use the Service under these Terms, no rights are granted. Askority, the Askority logo and product names are trademarks of Fiftify Inc.; third-party names and logos shown in the Service belong to their owners and are used for identification only. If you send us feedback or suggestions, you grant us a perpetual, royalty-free licence to use them without obligation to you.
13. Confidentiality
Each party will keep the other party’s non-public information confidential, use it only to perform under these Terms, and protect it with at least reasonable care. This does not apply to information that is public through no fault of the receiving party, already known to it, independently developed, or required to be disclosed by law (with prompt notice where permitted). Customer Data is your confidential information; the Service and its pricing, roadmap and non-public documentation are ours. These obligations last for three years after the end of the agreement, and indefinitely for trade secrets.
14. Warranties and disclaimers
We warrant that the Service will perform materially as described in our documentation and that we will provide done-for-you services with reasonable skill and care. Your sole remedy for breach of this warranty is that we re-perform the affected service or, if we cannot, refund the fees for the affected period. EXCEPT AS STATED IN THIS SECTION, THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted or error-free, or that Output will be accurate or complete.
15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, EVEN IF ADVISED OF THEIR POSSIBILITY. EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO FIFTIFY IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. For breach of confidentiality, breach of the Data Processing Agreement and each party’s indemnification obligations, the cap is instead three times those fees. These limits do not apply to your payment obligations, to a party’s fraud or wilful misconduct, or to liability that cannot be limited by law.
16. Indemnification
You will defend and indemnify Fiftify against third-party claims arising from Customer Data, from your use of the Service in breach of these Terms, or from content you publish based on Output where the claim arises from your modification, combination or use of the Output in violation of these Terms or applicable law. We will defend and indemnify you against third-party claims that the Service, as provided by us and used in accordance with these Terms, infringes a third party’s intellectual property rights; this does not cover claims arising from Customer Data, Output, third-party services or combinations with items we did not supply. The indemnified party must give prompt notice, allow the indemnifying party to control the defence, and cooperate reasonably.
17. Suspension and termination
Either party may terminate the agreement for material breach if the breach is not cured within 30 days of written notice, or immediately if the other party becomes insolvent. We may suspend the Service immediately where necessary to protect the Service, other customers or third parties, or where required by law, and will restore access when the issue is resolved. We may terminate for convenience with 60 days’ notice; in that case we refund prepaid fees for the unused period. On termination your right to use the Service ends, sections that by their nature should survive (including Customer Data licence limits, confidentiality, warranties, liability, indemnification and governing law) survive, and data export and deletion follow the section “Data export, retention and deletion”.
18. Changes to the Service and these Terms
We improve the Service continuously and may add, change or retire features; we will not materially reduce the core functionality of a paid plan during its term without notice. We may update these Terms. For material changes we will notify you by email to the address on your account and by a notice in the Service at least 14 days before they take effect, except where a different effective date is required by law; continued use after that date is acceptance. If you object to a material change, you may cancel before it takes effect and receive a refund for the unused period.
19. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws rules. Before starting formal proceedings, the parties will try in good faith to resolve any dispute by discussion for 30 days after written notice. Any dispute not resolved that way will be brought in the state or federal courts located in Delaware, which will have exclusive jurisdiction and venue, and each party consents to that jurisdiction and venue, except that either party may seek injunctive relief in any competent court to protect its intellectual property or confidential information. If you are a consumer in a jurisdiction that grants you non-waivable rights, nothing in this section removes them.
20. General
These Terms, the Order Form, the Data Processing Agreement and the Privacy Policy are the entire agreement between us and replace prior agreements on the same subject. You may not assign the agreement without our consent, except to a successor in a merger or sale of substantially all assets with notice to us; we may assign it to an affiliate or successor. Neither party is liable for delays caused by events beyond its reasonable control. Notices to us go to [email protected] or the registered address above; notices to you go to the email on your account. If any provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver. You must comply with applicable U.S. and other export control and sanctions laws and regulations, and you represent that you are not subject to applicable sanctions and are not located in a jurisdiction with which we are prohibited from doing business under applicable law. The parties are independent contractors.
21. Contact
Fiftify Inc.
1111B S Governors Ave STE 23190, Dover, DE 19904, United States
Email: [email protected]