Terms of Service

Effective Date: March 28, 2026

Welcome to Top 1% AI. These Terms of Service ("Terms") govern your access to and use of the website top1percentai.com and all related services, including AI visibility auditing, AI efficiency consulting, and visibility score assessments (collectively, the "Services") provided by Top 1% AI ("we," "us," or "our").

Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

1. Acceptance of Terms

By accessing our website or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you are using our Services on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a prominent notice on our website at least 30 days before taking effect. Your continued use of the Services after such changes constitutes acceptance of the updated Terms.

2. Description of Services

Top 1% AI provides the following professional services:

The specific scope, deliverables, and timelines for any engagement will be defined in a separate statement of work, proposal, or service agreement between you and Top 1% AI.

3. Account Registration

Currently, Top 1% AI does not require account registration to access our website or request a Visibility Score assessment. Should we introduce account registration in the future, the following terms will apply:

4. Subscription Plans, Pricing, and Payment

4.1 Service Pricing

Pricing for our consulting services and assessments is provided on a per-engagement basis. We will provide a clear quote or proposal before any paid work begins. No charges will be incurred without your explicit agreement.

4.2 Payment Terms

Payment terms, including amounts, schedules, and methods, will be specified in your service agreement or proposal. Unless otherwise agreed, invoices are due within 30 days of issuance.

4.3 Taxes

All fees are exclusive of applicable taxes. You are responsible for all taxes, levies, and duties imposed by taxing authorities in connection with your purchase of Services, excluding taxes based on our net income.

4.4 Refunds

Refund eligibility is determined on a case-by-case basis and will be outlined in your service agreement. Generally, fees for completed work and delivered assessments are non-refundable.

4.5 Satisfaction Guarantee

If your Visibility Score does not reveal actionable insights, we will work with you until it does. This guarantee applies to our initial Visibility Score assessment and is subject to reasonable cooperation from you in providing accurate business information and timely responses.

4.6 Late Payments

Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is less. We reserve the right to suspend Services for accounts with outstanding balances exceeding 60 days.

4.7 Future Subscription Plans

We may introduce subscription-based plans in the future. Any subscription terms, including billing cycles, cancellation policies, and auto-renewal provisions, will be clearly communicated before enrollment.

5. Acceptable Use

You agree not to use our Services for any unlawful purpose or in any manner that could damage, disable, overburden, or impair our website or Services. Specifically, you agree not to:

  1. Use our Services to violate any applicable local, state, national, or international law or regulation
  2. Attempt to gain unauthorized access to our systems, servers, or databases
  3. Transmit any viruses, malware, or other malicious code through our Services
  4. Interfere with or disrupt the integrity or performance of our Services
  5. Scrape, crawl, or use automated tools to extract data from our website without prior written consent
  6. Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
  7. Use our proprietary scoring methodology, assessments, or reports for competitive intelligence purposes without consent
  8. Resell, sublicense, or redistribute our Services or deliverables without prior written approval
  9. Remove, alter, or obscure any proprietary notices, labels, or marks on our deliverables
  10. Use our Services to send unsolicited commercial communications (spam)
  11. Attempt to reverse-engineer, decompile, or disassemble any aspect of our scoring algorithms or proprietary technology
  12. Submit false, misleading, or fraudulent information in connection with our assessments
  13. Use our Services in a manner that infringes on the intellectual property or privacy rights of any third party

6. Intellectual Property

All content, materials, methodologies, scoring algorithms, reports, and deliverables created by Top 1% AI (collectively, "Our IP") are and shall remain the exclusive property of Top 1% AI, protected by applicable copyright, trademark, and intellectual property laws.

Upon full payment for our Services, we grant you a non-exclusive, non-transferable license to use the deliverables provided to you solely for your internal business purposes. This license does not transfer ownership of Our IP.

You retain all rights to the information and data you provide to us for the purpose of receiving our Services ("Your Data"). You grant us a limited, non-exclusive license to use Your Data solely to provide the Services.

7. AI-Generated Content and Recommendations

7.1 Nature of Our Services

Our Services involve the analysis of AI systems, algorithms, and recommendation engines. Some of our assessments and reports may incorporate AI-assisted analysis. All deliverables are reviewed by qualified human professionals before being provided to you.

7.2 No Guarantee of AI Platform Behavior

We do not control the behavior of third-party AI systems (such as ChatGPT, Google AI, Perplexity, or others). Our recommendations are based on current understanding of these systems, which may change without notice. We cannot guarantee specific outcomes or rankings in any AI system.

7.3 Recommendations as Guidance

Our recommendations, strategies, and assessments are provided as professional guidance. They should not be treated as guarantees of specific business results. Your actual outcomes will depend on many factors, including implementation quality, market conditions, and third-party platform changes.

7.4 AI Disclosure

Where our deliverables incorporate AI-generated analysis or content, we will clearly indicate this. We maintain transparency about the role of AI in our service delivery.

8. Disclaimer of Guarantees on Results

While we are committed to providing high-quality, actionable services, Top 1% AI does not guarantee specific business outcomes, revenue increases, traffic improvements, or rankings in any AI or search system. The effectiveness of our recommendations depends on numerous factors beyond our control, including but not limited to:

Our satisfaction guarantee (Section 4.5) pertains to the delivery of actionable insights, not to specific business outcomes.

9. Third-Party Services

Our Services may reference, integrate with, or recommend third-party tools, platforms, and services. We are not responsible for the availability, accuracy, content, or practices of any third-party services. Your use of third-party services is governed by their respective terms and conditions. Any recommendations we make regarding third-party services are based on our professional judgment but do not constitute endorsements.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOP 1% AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to indemnify, defend, and hold harmless Top 1% AI, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

12. DMCA and Copyright

Top 1% AI respects the intellectual property rights of others. If you believe that any content on our website infringes your copyright, please send a written notice to [email protected] containing:

13. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information exchanged during the course of our engagement. Confidential information includes, but is not limited to:

Confidentiality obligations do not apply to information that is publicly available, independently developed, rightfully received from a third party, or required to be disclosed by law.

14. Beta Services

From time to time, we may offer access to beta or pre-release features, tools, or services ("Beta Services"). Beta Services are provided "as is" and "as available" without warranty of any kind. We may modify, suspend, or discontinue Beta Services at any time without notice. Your use of Beta Services is at your own risk, and any feedback you provide regarding Beta Services may be used by us without restriction or obligation.

15. Termination

Either party may terminate the service relationship as follows:

16. Dispute Resolution

16.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

16.2 Binding Arbitration

If we are unable to resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or our Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Collin County, Texas.

16.3 Class Action Waiver

YOU AND TOP 1% AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

16.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information. Claims within the jurisdiction of small claims court may also be brought in such court.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Any legal proceedings not subject to arbitration shall be brought exclusively in the state or federal courts located in Collin County, Texas, and you consent to the personal jurisdiction of such courts.

18. Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (EAR) maintained by the U.S. Department of Commerce and sanctions programs maintained by the U.S. Treasury Department's Office of Foreign Assets Control (OFAC). You represent that you are not located in a country that is subject to a U.S. Government embargo or designated as a "terrorist-supporting" country.

19. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond the party's reasonable control, including but not limited to natural disasters, acts of war or terrorism, pandemics, government actions, power failures, internet or telecommunications outages, or labor disputes. The affected party shall provide prompt notice and use reasonable efforts to mitigate the impact.

20. Feedback

If you provide us with feedback, suggestions, ideas, or recommendations regarding our Services ("Feedback"), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, and distribute such Feedback for any purpose without compensation or attribution to you.

21. Publicity

Neither party shall use the other party's name, logo, or trademarks for marketing or publicity purposes without prior written consent. Notwithstanding the foregoing, Top 1% AI may include your company name in a general list of clients on our website or marketing materials, unless you notify us in writing that you do not wish to be included.

22. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction. Any attempted assignment in violation of this section shall be void. These Terms shall be binding upon and inure to the benefit of each party's successors and permitted assigns.

23. No Third-Party Beneficiaries

These Terms are intended solely for the benefit of Top 1% AI and you, and nothing in these Terms shall be construed to create any third-party beneficiary rights. No third party shall have the right to enforce any provision of these Terms.

24. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

25. Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements or statements of work, constitute the entire agreement between you and Top 1% AI with respect to the use of our Services. These Terms supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and Top 1% AI regarding the subject matter hereof.

26. Contact Us

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