Terms of service

1. Who we are and definitions

These terms of service are the agreement between you and Trueqrcode, trading as Mentiofy, registered with the Dutch Chamber of Commerce (KvK) under number 71264558, with its office at Nieuwe Gracht 3, 2011 NB Haarlem, the Netherlands ("Mentiofy", "we", "us").

• Service: the Mentiofy software and services, including the website, the app at app.mentiofy.com, measurements, insights, reports and support.
• Customer or you: the business or organisation that creates an account or orders a plan, and the people who use the account on its behalf.
• Prompts: the questions we ask AI engines on your behalf to measure how your business is mentioned.
• Insights: what we show you based on the answers, such as visibility scores, sentiment, prompt quality and the citation gap.
• Your content: the data, facts, texts, images and other material you or your clients provide, and the content of your website.
• Plan: the subscription you choose, with the limits and features shown on our pricing page at the time you order.
• Working days: Monday to Friday.

2. When these terms apply

These terms apply to every use of the service and to every plan, trial and order. By creating an account or using the service, you accept these terms on behalf of the business you represent, and you confirm that you are authorised to do so.

The service is meant for businesses and professionals. It is not intended for consumers. If you use the service, you do so in the course of your business.

Your own general terms and conditions do not apply, even if you refer to them. Separate written agreements, for example for larger agency deals, take precedence over these terms where they differ.

3. Your account

You need an account to use the app. You must give correct and complete information and keep it up to date. You are responsible for everything that happens under your account, for keeping your login details safe and for the people you invite. Tell us immediately at info@mentiofy.com if you suspect someone else has access.

An account is for one business. Agencies can manage several client projects within the limits of their plan.

4. Free trial

New customers can try the service free for 7 days. During the trial you can use the features of the plan you chose, within its limits.

To start a trial, you add a valid credit card. We verify the card, which may show as a temporary authorisation that is released again. Nothing is charged during the trial.

When the trial ends, your paid plan starts automatically and we charge the card for the first billing period. Before that happens, we send you a reminder by email. If you don't want to continue, cancel in your account settings before the trial ends and you won't be charged.

We may refuse or end a trial if we suspect misuse, for example repeated trials for the same business.

5. Plans, prices and payment

• All prices are in euros and exclude VAT, unless stated otherwise.
• Plans are billed in advance, monthly or yearly, depending on what you choose.
• Subscriptions renew automatically for the same period until you cancel.
• Payments are processed by Stripe. You authorise us and Stripe to charge the payment method you added for each period.
• If a payment fails, we will let you know and try again. If it is still unpaid 14 days after the due date, we may suspend the service until payment is received, and we may charge the statutory commercial interest (wettelijke handelsrente) and reasonable collection costs.
• We may change our prices. For an existing subscription, a price change takes effect at the start of your next billing period and we tell you at least 30 days in advance. If you don't agree, you can cancel before the change takes effect.
• Upgrades take effect immediately and are charged pro rata. Downgrades take effect at the start of the next billing period.
• Add-ons, such as extra prompts or extra projects, are billed in the same way as your plan.

6. Cancelling and ending the agreement

You can cancel your subscription at any time in your account settings or by email. The cancellation takes effect at the end of the current billing period. You keep access until then. We don't refund fees for a period that has already started, unless the law requires it or we agree otherwise in writing.

We may end or suspend the agreement, with immediate effect and without being liable to you, if you seriously or repeatedly break these terms, if you don't pay, if you are declared bankrupt or granted a suspension of payments, or if continuing would expose us to legal risk.

After the agreement ends, you can export your data for 30 days. After that we delete your content and account data as described in our Privacy policy, except where we must keep it by law.

7. What the service does

Mentiofy asks your prompts to AI engines, shows whether you are mentioned and who is mentioned instead, how AI talks about you, which prompts matter and which sources AI cites for your competitors but not for you. Mentiofy does not change your website.

We continuously improve the service. We may add, change or remove features, as long as the core of your plan stays the same. If we remove a feature that is an important part of your plan, we will tell you in advance and you may cancel. Plans have usage limits, such as the number of prompts, engines, projects and competitors. If you go over them, we may ask you to upgrade.

8. Your content and your facts

You keep all rights to your content. You give us a non-exclusive, worldwide licence to use, copy, store, edit and process your content, only as far as needed to provide and improve the service for you.

You promise that you have the rights needed to share your content with us, and that it doesn't infringe anyone's rights or break any law. This includes the prompts and competitor names you add.

9. Measurements and results

Measurements and insights are based on the answers AI engines give at the moment we ask, analysed with the help of AI models. They can contain mistakes, for example in sentiment scores or in recognising a business name. Use them as guidance, not as exact truth.

AI engines such as ChatGPT, Gemini, Perplexity and Google's AI features are run by other companies. We don't control what they answer, how they work, or when they change. That's why we don't guarantee any specific result, such as being mentioned, a position in an answer, more traffic, more leads or more revenue. Measurements show what the engines answered at the moment we asked. Answers vary over time and per user.

10. Acceptable use

You may not use the service to:

• break any law or infringe anyone's rights, including intellectual property and privacy rights;
• share our reports in a misleading way, for example by presenting example data as real results;
• manipulate AI engines or search engines in ways that break their rules, such as spam or hidden text;
• work on websites or businesses that you are not authorised to work for;
• get around usage limits, share an account with other businesses, or resell the service without an agency plan;
• copy, reverse engineer or decompile the service, scrape it, or use it to build a competing product;
• harm the security or stability of the service, or try to access data that isn't yours.

If you break these rules, we may pause measurements or suspend your account. Where possible, we will warn you first.

11. Agencies and white-label

With an agency plan you can use the service for your own clients and offer it under your own name and logo. In that case:

• you are our customer, not your clients. You are responsible for your clients' use of the service and for your agreements with them, including prices you charge them;
• you confirm that each client has authorised you to measure their business and to use their data;
• you make sure your clients are informed about the processing of their data, and you sign our data processing agreement as controller or as processor for your clients, whichever applies;
• you won't make promises to your clients on our behalf that go beyond these terms, such as guaranteed AI mentions;
• if your agency plan ends, your clients' projects end too, unless we agree on a transfer.

12. Other services and integrations

The service works with third-party services, such as AI engines and payment providers. Your use of those services is subject to their own terms. We are not responsible for them, for their availability or for changes they make. If a third party changes or stops its service, a feature may stop working. We will try to find an alternative, but can't promise one.

13. Intellectual property

Mentiofy and its licensors own all rights in the service, including the software, design, methods, reports layout, texts on our website and our brand. You get a limited, non-exclusive, non-transferable right to use the service during your subscription.

Reports we make for you are yours to use and share, also with your own clients. We may use general learnings from all measurements, in aggregated form that doesn't identify you, to improve the service. If you give us feedback or ideas, we may use them without obligation to you.

14. Confidentiality

Both of us will keep confidential information from the other party confidential and only use it for this agreement. This doesn't apply to information that is public, that the other party already had, or that must be disclosed by law. This obligation continues for two years after the agreement ends.

15. Privacy and data processing

We handle personal data as described in our Privacy policy. Where we process personal data on your behalf, our data processing agreement (verwerkersovereenkomst) applies and forms part of these terms. You are responsible for having a valid legal basis for any personal data you put into the service.

16. Availability and support

We do our best to keep the service available and working, but we can't promise it will always be available or free of errors. We may do maintenance, preferably outside Dutch office hours, and will announce planned downtime that is likely to affect you.

Support is available by email and through support tickets. We reply within 24 hours on working days. Unless agreed in writing, no service level agreement applies.

17. Liability

Our total liability for any damage arising from or related to the agreement is limited to the amount of your most recent payment for the service before the event that caused the damage. This limit applies per event, and a series of related events counts as one event.

We are not liable for indirect damage, including lost profit, lost revenue, missed savings, lost data, reputational damage, damage from business interruption, and damage resulting from content you approved, from answers given by AI engines, or from third-party services.

These limits don't apply if the damage is caused by our intent or deliberate recklessness (opzet of bewuste roekeloosheid) of our management.

To claim damages, you must report the damage to us in writing as soon as possible and no later than 30 days after you discovered it. Any claim lapses 12 months after the event that caused it.

18. Indemnity

You protect us against claims from third parties, including your clients, related to your content, your use of the service in breach of these terms or the law, and, for agencies, your agreements with your clients. You reimburse reasonable costs we make because of such claims.

19. Force majeure

We are not responsible for failing to meet our obligations because of circumstances beyond our reasonable control, such as outages or changes at AI engines, hosting providers or other suppliers, internet failures, cyberattacks, government measures, strikes or extreme weather. If force majeure lasts longer than 60 days, either of us may end the agreement in writing, without owing damages.

20. Changes to these terms

We may change these terms. We will tell you about important changes at least 30 days before they take effect, by email or in the app. If you don't agree, you can cancel before the change takes effect. If you keep using the service after that date, the new terms apply.

21. Other provisions

• You may not transfer your rights or obligations under this agreement without our written permission. We may transfer the agreement to a company that takes over (part of) our business.
• If any part of these terms is invalid, the rest stays in force, and the invalid part is replaced by a valid one that comes as close as possible to its purpose.
• Communication by email counts as written communication.
• These terms are written in English. If we provide a translation, for example in Dutch, the English version always prevails.

22. Law and disputes

Dutch law applies to these terms and to every agreement with Mentiofy. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

We'd rather solve problems by talking, so please contact us first. If we can't agree, disputes go to the competent court in the district of Noord-Holland, location Haarlem, unless mandatory law says otherwise.

23. Contact

Mentiofy, Trueqrcode
Nieuwe Gracht 3, 2011 NB Haarlem, the Netherlands
KvK 71264558 · VAT NL002320568B31
Email: info@mentiofy.com