AI Discovery Intelligence for the companies and agencies growing in a buying journey now led by AI.
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© 2026 BrandCapsule
Last Updated: July 14, 2026
These Terms of Use ("Terms") govern your access to and use of the website at brandcapsule.ai and the AI Discovery Intelligence platform and related services (collectively, the "Services") operated by BrandCapsule, Inc. ("BrandCapsule," "we," "us," or "our"), a Delaware corporation headquartered in Santa Cruz, California.
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.
BrandCapsule provides AI Discovery Intelligence — a platform that measures how AI systems discover, compare, evaluate, and recommend brands. To generate platform outputs, BrandCapsule queries third-party AI language model APIs operated by OpenAI (ChatGPT), Anthropic (Claude), and Google (Gemini).
Our Services include:
A "buyer question" is one prompt tracked across all supported AI models. Use of the Services may be subject to limitations on query volume and features as described in your applicable plan.
You must be at least 18 years old to use the Services and such use shall be limited to commercial or business intelligence purposes. By creating an account, you represent that all information you provide is accurate and current.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at hello@brandcapsule.ai if you believe your account has been compromised.
The AI Discovery Snapshot Service is available without account creation. By submitting the Snapshot form, you consent to our use of your submitted information in accordance with our Privacy Policy.
Automatic renewal. Paid subscription plans automatically renew at the end of each monthly billing period at the then-current plan rate until you cancel. By subscribing, you authorize BrandCapsule to charge your payment method on a recurring monthly basis.
All payments are processed through Stripe or ACH. BrandCapsule does not store full payment card numbers, CVV data or bank account details.
Cancellation. You may cancel your subscription at any time through your account settings or by emailing hello@brandcapsule.ai. Cancellation takes effect at the end of the current billing period. You retain access to paid features through the end of that period.
Refunds. Monthly subscription fees are non-refundable except as required by applicable law or in the event of a documented material service failure of the Service attributable to BrandCapsule and appropriate credits will be awarded toward your next billing period.
Price changes. We will provide at least 30 days’ advance notice of pricing changes by email to your registered address. Continued use after the effective date constitutes acceptance.
Data after cancellation. Your Brief, Lab, and Actions history is available for export for 30 days after cancellation. After that period, your data may be deleted in accordance with our Privacy Policy.
All BrandCapsule platform outputs — including the AI Discovery Snapshot, Brief, Lab, Actions, and AI Discovery Analyst briefings — are generated by querying third-party AI language model APIs. BrandCapsule’s patent-pending methodology structures, scores, and validates these outputs, but the underlying characterizations of brands, competitors, and market conditions originate from probabilistic AI models we do not control.
You acknowledge and agree that AI-generated outputs:
Our verification is evidence-based. Before we render a score, we check that the AI actually named your brand (if fewer than three AI responses mention you, we render ‘UNKNOWN’ rather than guess a score); that certain reputation signals include cited evidence in the AI’s own answer (or we render ‘UNKNOWN’); and that the AI grounded its response in live web sources we can capture. When we detect a contradiction between an AI’s claim and information you’ve submitted about your brand, we surface it in the report’s fact-verification section — we do not silently reject the AI’s claim on your behalf, because part of the value of the report is showing you what AI models actually say about your brand, even when they’re wrong.
You agree to use BrandCapsule for legitimate business intelligence purposes only. You may not:
Agency users may use platform outputs to create client-facing deliverables in accordance with the BrandCapsule Agency program agreement terms. Agency users are responsible for ensuring their clients’ use of platform outputs complies with these Terms. The platform measures and reports on how brands are mentioned, ranked, and recommended by third-party/AI systems and provides prioritized recommendations based on that analysis. The platform does not promote, influence or guarantee your brand’s visibility, ranking, or placement within any third-party AI system. The quality and accuracy of outputs generated by the platform depend in part on the accuracy of information you provide, including definitions, competitor sets, and query topics. We do not warrant that outputs will meet your expectations or produce any particular business results.
Your limited license rights. BrandCapsule retains all rights, title, and interest in the Services and underlying methodology. Subject to these Terms, BrandCapsule grants you a limited, revocable, non-exclusive, non-transferable license to use platform outputs generated for your account for: (a) internal business intelligence and planning; (b) internal presentations to employees, board members, and investors with appropriate AI-generated content disclosure and disclaimers; and (c) client deliverables under an active Agency program agreement.
This license does not allow: (a) publishing AI-generated characterizations of third parties as verified fact; (b) advertising claims about competitors without independent verification; (c) training AI models on platform outputs; or (d) removing BrandCapsule attribution from shared materials.
Third-party AI model IP. Outputs from ChatGPT, Claude, and Gemini are subject to the terms of service of OpenAI, Anthropic, and Google respectively. BrandCapsule makes no warranty that platform outputs are free of restrictions imposed by AI provider terms and such outputs are restricted to internal use except as otherwise specified herein.
You retain all rights to the brand information, competitor information, category descriptions, and buyer question prompts you submit as Query Data. By submitting Query Data, you grant BrandCapsule a limited license to use such information and process it through third-party AI model APIs solely to deliver the Services to you.
BrandCapsule will handle your data in compliance with applicable laws and our Privacy Policy. We will not use or share your Query Data for purposes other than providing the Services without your consent.
You represent and warrant that you have all rights, consents, and permissions necessary to submit your Query Data and that doing so does not violate any applicable law or third-party rights.
Platform outputs may include AI-generated characterizations of third-party companies, brands, and competitive positions. These characterizations originate from third-party AI model outputs — they are not BrandCapsule’s independent statements of fact and are not verified against those companies’ own data.
You agree not to publish AI-generated characterizations of third parties as verified fact without independent verification. If you believe a platform output contains a false characterization of your company, contact hello@brandcapsule.ai.
Our Services may contain links to third-party websites or services. BrandCapsule is not responsible for the content or privacy practices of those third parties and any access and use thereof shall be in compliance therewith.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT.
BRANDCAPSULE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, OR FREE FROM HALLUCINATIONS. SERVICE AVAILABILITY DEPENDS IN PART ON THIRD-PARTY AI MODEL APIS OPERATED BY OPENAI, ANTHROPIC, AND GOOGLE, WHICH ARE OUTSIDE BRANDCAPSULE’S CONTROL.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRANDCAPSULE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL BRANDCAPSULE’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL SUBSCRIPTION FEES YOU PAID TO BRANDCAPSULE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for consequential damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless BrandCapsule, Inc. and its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of platform outputs in violation of these Terms; (b) false, misleading, or defamatory statements you make about third parties using platform content; (c) your violation of any applicable law; or (d) your agency clients’ use of platform outputs in violation of these Terms.
These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
Binding arbitration. Any dispute arising from or relating to these Terms or the Services shall be resolved by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, except that either party may seek emergency injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information. Arbitration shall take place in Santa Cruz County, California. The arbitrator’s decision shall be final and may be entered as a judgment in any court of competent jurisdiction.
Class action waiver. YOU AND BRANDCAPSULE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You may cancel your subscription and close your account at any time as described in Section 3. We may suspend or terminate your access to the Services immediately if: (a) you materially breach these Terms; (b) we are required to do so by law; or (c) your use poses a risk of harm to BrandCapsule, other users, or third parties. Upon termination for cause, no refund will be issued for the current billing period.
We may update these Terms from time to time. For material changes, we will provide at least 30 days’ advance notice by email to your registered address and/or in-app notification before changes take effect. For non-material changes, we will update the Last Updated date. Continued use after the effective date constitutes acceptance of the updated Terms. If you do not agree to material changes, you may cancel your subscription before they take effect.
If you have questions about any of these policies, please contact us at:
hello@brandcapsule.ai
BrandCapsule, Inc.
343 Soquel Avenue, Suite 305
Santa Cruz, CA 95062
AI Discovery Intelligence for the companies and agencies growing in a buying journey now led by AI.