Terms of Service

1.1These terms of service (the “Terms”), together with the Privacy Policy, constitute the agreement (the “Agreement”) between MentionLift Ltd, a company incorporated in England and Wales under company number 17438016, whose registered office is at 66 Paul Street, London EC2A 4NA, United Kingdom (“MentionLift”, “we”, “us”), and the person or entity that uses the Site or engages us (“you”, the “Client”).

1.2In these Terms: the “Site” means mentionlift.ai, its subdomains and any content published on them; the “Services” means the consulting, audit and full-service organic marketing work we perform for a Client, including search engine optimisation, optimisation for AI answer engines, monitoring of public online discussion and related advisory work; “Deliverables” means the reports, alerts, recommendations, content and other output we provide to a Client in the course of an engagement; “Engagement Agreement” means a proposal, statement of work, order form or other written agreement under which we agree to perform Services for a Client; “Configuration” means the brand, competitor and keyword lists, communities, exclusions, scoring rules, alert destinations and other project details a Client supplies or approves; and “Public Content” means material published publicly on a third-party platform by a third party.

1.3By accessing the Site, signing an Engagement Agreement, or otherwise engaging us, you accept these Terms and they take effect between us. If you do not accept them you must not use the Site or the Services.

1.4Clause headings do not affect interpretation. “Including” and “in particular” are without limitation. A reference to a statute includes its amendments and re-enactments.

2.1MentionLift helps businesses win in organic marketing: being found, mentioned and recommended in search engines, AI assistants and the public conversations their buyers read. We do this in two ways.

2.2Full-service and consulting. We perform Services for a Client under an Engagement Agreement and invoice the Client for them. These Terms, the Privacy Policy and the Engagement Agreement govern that work.

2.3Software products under their own brands. We also operate self-serve software products which are sold under their own names and on their own websites, each with its own terms of service and privacy policy. As at the effective date these are Redwatcher (redwatcher.com/terms) and MentionChecker (mentionchecker.com/terms). A purchase of, or account with, one of those products is governed solely by that product's terms, is paid through that product's own checkout, and is not an engagement under these Terms. Nothing on the Site, and nothing in an Engagement Agreement, varies a product's terms unless the Engagement Agreement says so expressly.

2.4The Site describes the Services for general information. Any price, package or scope shown on the Site is indicative only, may change at any time, and is neither an offer nor a binding quote. A binding scope and price exist only in a signed or otherwise accepted Engagement Agreement.

2.5If anything in an Engagement Agreement conflicts with these Terms, the Engagement Agreement prevails for that engagement. Otherwise these Terms apply to every engagement and to every use of the Site.

3.1The Site and the Services are supplied solely for business and professional purposes. They are not offered to consumers and are not intended for personal, family or household use.

3.2This restriction concerns purpose and not scale. A sole trader, freelancer, independent consultant or individual operating a commercial venture is a business user for the purposes of these Terms, whether or not incorporated.

3.3You represent and warrant that you are acting wholly or mainly for purposes relating to your trade, business, craft or profession; that you are aged 18 or over; and that, where you contract on behalf of an entity, you have authority to bind it. Legislation conferring rights exclusively on consumers does not apply to this Agreement.

4.1Scope. We will perform the Services described in the Engagement Agreement with reasonable skill and care. Work outside that scope is agreed in writing and may be charged separately.

4.2Your cooperation. You will give us the information, access, approvals and decisions we reasonably need, when we need them. Timelines assume that cooperation and move when it is late.

4.3Subcontractors. We may use contractors and service providers to perform parts of the Services. We remain responsible to you for their work.

4.4Our tools. We perform the Services with our own software and with third-party tools, and we may change, replace or withdraw any of them at any time, including in response to a change made by a third-party platform. A change required by the act or omission of a third party does not constitute a breach of this Agreement.

4.5How we monitor. Where the Services include monitoring public discussion, our tools read only Public Content that is visible to an ordinary unauthenticated visitor. They do not sign in to any platform as you, do not access private communities or private messages, do not defeat any access control, and do not post, comment, vote or take any other action on any platform. Matches are presented with a link to the source and a machine-generated relevance estimate. We supply no bulk export, archive, corpus or data feed, and we do not sell, license or syndicate Public Content to anyone.

4.6Automated output. Relevance estimates, summaries, scores and suggestions in our Deliverables are generated in part by automated systems, including third-party language models. They are estimates and not statements of fact, and may be wrong in either direction. You are responsible for any decision you take in reliance on them, and you must not use them as the sole basis for a decision that produces legal effects concerning an individual.

4.7Published content. Where the Services include drafting or recommending content for publication, you review and approve it before it is published, from any account you own or operate, and you are solely responsible for it once published.

5.1Organic visibility depends on factors outside our control: search engine and AI model behaviour, third-party platform rules and moderation, market conditions and the actions of others.

5.2We do not warrant any particular outcome, including rankings, search or AI visibility, mentions, citations, traffic, leads, conversions, revenue or return on investment. We do not warrant that any particular post, page or answer will be identified by our monitoring, that it will be identified within any period, or that it will be identified at all. No uptime commitment, service level, service credit or availability guarantee is given unless an Engagement Agreement states one.

5.3Any example, sample, case study, projection or figure published by us describes measured or illustrative past performance. It does not constitute a warranty, condition or representation, and does not form part of this Agreement.

6.1The Services involve third-party platforms such as Reddit, Google, OpenAI, Anthropic, Perplexity and others. We are not affiliated with, endorsed by, sponsored by or otherwise connected to any of them, and their marks belong to their owners and are used only to describe the subject matter of the Services.

6.2You acknowledge that:

• each platform is controlled by a third party and may change its rules, algorithms, features or availability at any time without notice;
• a platform may moderate, remove, restrict, suspend or ban content or accounts at its sole discretion, and we cannot prevent this or guarantee against it;
• you are responsible for ensuring that your use of any platform, and any account you own or operate on it, complies with that platform's terms and with applicable law;
• we are not responsible for any loss, action, restriction, suspension or ban affecting your accounts or content on any third-party platform, and no such event constitutes a breach of this Agreement by us.

7.1You are responsible for your use of the Site and the Services, and for the content of your Configuration and the materials you give us. You shall supply accurate information, keep your credentials secure, hold every right and permission needed for the brands, content and materials you provide, and comply with all applicable law, including data protection, privacy, marketing and competition law, and with the terms of every platform on which you act.

7.2You shall not use the Site, the Services or the Deliverables:

• to monitor, track, profile or compile a record concerning an identified individual, or to configure monitoring by reference to a person rather than a brand, product, subject or organisation;
• to harass, stalk, intimidate, identify without consent, brigade or retaliate against any person, or to coordinate inauthentic conduct on any platform;
• to identify or target persons by reference to racial or ethnic origin, national origin, religion, health or disability, sexual orientation, gender identity, political opinion, trade union membership, immigration status or criminal record;
• for law enforcement, intelligence, national security, immigration enforcement or other governmental surveillance purposes, save under a separate written agreement with us;
• to resell, sublicense, redistribute, syndicate or publish the Deliverables to any person outside your organisation, except as an Engagement Agreement expressly permits an agency to share results with its own client;
• to develop, train or evaluate a machine-learning model, or to assemble a dataset, corpus or archive;
• to develop a product competing with our services or our products, or to benchmark them for that purpose;
• to access any system of ours by automated means, to circumvent any limit or quota, to probe or test its security, or to reverse engineer, decompile, disassemble or copy our software; or
• for any unlawful, deceptive, infringing or harmful purpose, in contravention of sanctions, export control or anti-bribery legislation, or in a manner placing us in breach of the terms of any third party.

7.3We may stop work immediately, with or without notice, where we reasonably consider that this clause has been contravened or that continued provision would expose us to legal, regulatory or reputational risk. We will ordinarily state the ground relied upon. Fees already due remain payable and no refund arises.

8.1Any person who considers that Public Content held in our systems should not be held, including the author of that content, a rights holder and any platform operator, may give notice to legal@mentionlift.ai, identifying the material by link or by a description sufficient to locate it. No account with us is required.

8.2We will review any such notice without undue delay and, where it is well founded, remove the material from our systems. Requests concerning personal data are additionally handled under the Privacy Policy.

8.3We maintain no permanent archive of Public Content. Matched material is retained only for so long as it remains within the retention period of the Client whose Configuration matched it, and is deleted with that Client's project or account.

9.1Fees. The fees for an engagement, the currency, the billing schedule and any pre-payment are stated in the Engagement Agreement. Unless it states otherwise, fees are invoiced by MentionLift Ltd, are payable within 14 days of the invoice date, and are exclusive of value added tax and any other applicable tax, which you shall pay in addition.

9.2Payment method. Invoices are paid by bank transfer to the account stated on the invoice, or by any other method we offer on the invoice. Where we accept card payment, it is collected by our payment processor and we do not store card details. Purchases of Redwatcher or MentionChecker are made on those products' own websites under their own terms (clause 2.3) and are not invoiced under this clause.

9.3Fees are non-refundable. To the fullest extent permitted by law, fees paid or due are non-refundable and no refund, credit, set-off or apportionment is given in any circumstances, including: early termination of an engagement by you; non-use of the Services or the Deliverables; dissatisfaction with results obtained; any restriction, alteration or blocking of access by a third-party platform; and a change to our tools under clause 4.4.

9.4Late payment. If an invoice is not paid when due we may suspend the Services until it is paid, and charge interest on the overdue amount under the Late Payment of Commercial Debts (Interest) Act 1998 together with the reasonable costs of recovery. You remain liable for sums already due.

9.5Price variation. We may vary the fees for a continuing engagement on not less than 30 days' notice by email. A variation takes effect at the start of the first billing period beginning on or after the date stated in the notice, and does not affect a period already paid for.

9.6Payment disputes. You shall notify us at legal@mentionlift.ai before disputing any charge with your bank, card issuer or payment provider. Initiating a chargeback or payment dispute without having done so is a material breach of this Agreement, and we may suspend the Services immediately and recover the amount disputed together with any fee imposed by our processor and the reasonable costs of recovery.

10.1Your materials. As between the parties you own your Configuration and the brands, content and materials you give us, and you grant us a non-exclusive licence to use them to the extent necessary to perform the Services.

10.2Deliverables. Ownership of the Deliverables is addressed in the Engagement Agreement. Unless it states otherwise, on payment in full you receive a perpetual, non-exclusive licence to use the Deliverables for your internal business purposes, and we retain ownership of the methods, templates, software and know-how used to produce them.

10.3Ours. All intellectual property rights in the Site, our software, models, methods, brands and all materials created by us are and remain our property. Nothing in this Agreement transfers any such right to you.

10.4Aggregated data. We may use aggregated and de-identified information about the Services and our tools to operate, secure and improve them. Such information identifies neither you nor your Configuration.

10.5Public Content remains the property of its author and subject to the terms of the platform on which it was published. We assert no ownership of it and grant you no rights in it. Extracts are displayed to identify and locate the source.

11.1Each party shall keep confidential the other's non-public information received in connection with an engagement, use it only to perform or receive the Services, and disclose it only to those of its staff, contractors and advisers who need it and are bound by equivalent obligations. This clause does not apply to information that is or becomes public through no fault of the recipient, that the recipient already held or independently develops, or that must be disclosed by law or by a court or regulator.

11.2Unless you tell us otherwise in writing, we may name you as a client and describe the engagement in general terms in our marketing. We will not publish your confidential information or specific results without your consent.

12.1The Privacy Policy forms part of this Agreement and governs our handling of personal data. We act as controller in respect of your contact information, our billing and operational records, and the Public Content our monitoring collects in order to provide the Services. Where your Configuration or instructions cause us to process personal data on your behalf, we act as processor and process only on your documented instructions; our processing terms for that role are available on request from privacy@mentionlift.ai.

12.2You warrant that you have a lawful basis for any monitoring or processing you instruct, and that you will respond to any request made by a data subject arising from it.

13.1To the fullest extent permitted by law the Site is provided “as is” and “as available”, and, save for the express undertaking in clause 4.1, all warranties, conditions, terms and representations, whether express, implied or statutory, are excluded.

13.2Without limiting clause 13.1, we do not warrant that the Site or our tools will be uninterrupted, timely, secure or error-free; that our monitoring will identify any particular content, or do so completely, accurately or promptly; that any relevance estimate, summary, score or recommendation is accurate; or that the Services will meet your requirements or achieve any result. The implied terms as to satisfactory quality, fitness for a particular purpose, merchantability and non-infringement are excluded. Information on the Site is general and is not professional, legal, financial or marketing advice.

13.3No statement, whether oral or written, obtained from us, from the Site or from the Deliverables creates any warranty not expressly set out in this Agreement.

14.1Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

14.2Subject to clause 14.1, we shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any indirect, incidental, special, consequential, punitive or exemplary loss; for loss of profit, revenue, business, contract, opportunity, anticipated saving, goodwill or reputation; for loss or corruption of data; or for any loss arising from the act, omission or alteration of any third party, including any platform on which the Services depend, in each case whether or not we were advised of the possibility of such loss.

14.3Subject to clause 14.1, our total aggregate liability arising out of or in connection with this Agreement, the Site and the Services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the fees actually paid by you to us under the Engagement Agreement concerned in the three months immediately preceding the event giving rise to the claim. This limit applies in aggregate to all claims taken together and not to each claim separately. Where no fees have been paid, our liability is limited to one hundred pounds sterling (£100).

14.4No claim may be brought more than twelve months after the date on which the claimant first became aware, or ought reasonably to have become aware, of the facts giving rise to the claim.

14.5You acknowledge that the allocation of risk in clauses 13 and 14 is reflected in the fees, and that we would not enter into this Agreement on the terms stated without it.

15.1You shall defend, indemnify and hold harmless MentionLift and its officers, employees and contractors against all claims, demands, proceedings, losses, damages, fines, penalties, liabilities and costs (including reasonable legal fees) arising out of or in connection with: your use of the Site or the Services; the monitoring instructed by your Configuration; content you approve for publication; any act or omission undertaken in reliance on the Deliverables; your breach of this Agreement; your breach of applicable law, including data protection and privacy law; your breach of the terms of any third-party platform; and any claim brought by a person whose content our monitoring surfaced to you.

15.2We shall notify you of any such claim and may at our election assume conduct of its defence at your cost. You shall not settle any such claim in a manner imposing any obligation, liability or admission upon us without our prior written consent.

16.1An engagement runs for the term stated in the Engagement Agreement. Where none is stated, either party may end it on 30 days' written notice. This Agreement otherwise continues for so long as you use the Site.

16.2Either party may terminate an engagement immediately on written notice if the other commits a material breach which is not remedied within 14 days of notice requiring it to be remedied, or becomes insolvent. We may also suspend or terminate immediately for non-payment, under clause 7.3, or where required to do so by law or by a third party on which the Services depend.

16.3On termination, fees for work performed and periods begun remain payable, monitoring ceases, and your data is deleted in accordance with the Privacy Policy.

16.4Clauses 4.5, 4.6, 5, 9.3, 10, 11, 13, 14, 15, 19 and 20, and any other provision which by its nature is intended to survive, continue in force following termination.

17.1Each version of these Terms bears a version number and effective date, stated at the head of this page. The version applicable to any matter is the version in force at the material time.

17.2Amendments which correct, clarify, or which neither reduce your rights nor increase your obligations, take effect on publication.

17.3A material amendment takes effect not less than 30 days after notice is sent to the email address we hold for you, and, for a Client with a current engagement, at the start of the first billing period beginning on or after the effective date. A material amendment does not affect a period already paid for.

17.4If you do not accept a material amendment you may end the engagement before it takes effect. Continued use of the Site or the Services on or after the effective date constitutes acceptance. No refund arises on a termination made by reason of an amendment to these Terms.

17.5Superseded versions are retained and are available on request from legal@mentionlift.ai.

Neither party shall be liable for any failure or delay in performance caused by an event beyond its reasonable control, including act of God, war, civil commotion, industrial action, failure of a utility or telecommunications network, cyber attack, act of government, and the act, omission, restriction, suspension or termination of access by any third-party platform on which the Services depend.

19.1Entire agreement. This Agreement, together with the applicable Engagement Agreement, constitutes the entire agreement between the parties and supersedes all prior arrangements between them relating to its subject matter. Each party acknowledges that it has not relied on any statement, promise, representation, assurance or warranty not set out in this Agreement, and neither party shall have any claim for innocent or negligent misrepresentation based on any statement in this Agreement.

19.2Assignment. You may not assign, transfer or otherwise deal with this Agreement without our prior written consent. We may assign, transfer or novate this Agreement, in whole or in part, to any successor to our business or to the assets to which it relates, on notice to you.

19.3Third party rights. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms, save that clause 15 may be enforced by any person named in it.

19.4Severance. If any provision is or becomes invalid or unenforceable it shall be modified to the minimum extent necessary to render it valid and enforceable; if such modification is not possible the provision shall be deemed deleted, and the remainder of this Agreement shall continue in force.

19.5Waiver. No failure or delay in exercising any right constitutes a waiver of it, and no single or partial exercise precludes any further exercise.

19.6Relationship. Nothing in this Agreement creates a partnership, joint venture, agency or employment relationship between the parties.

19.7Notices. Notice to you is given to the email address in your Engagement Agreement, or failing that the address you last used to correspond with us, and is deemed received on the day of sending. Notice to us is given to legal@mentionlift.ai.

20.1This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), is governed by and construed in accordance with the law of England and Wales.

20.2The courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim. You irrevocably submit to that jurisdiction and waive any objection on the ground of venue or forum non conveniens.

Legal notice, payment disputes under clause 9.6 and notices under clause 8: legal@mentionlift.ai
Data protection: privacy@mentionlift.ai
Postal address: MentionLift Ltd, 66 Paul Street, London EC2A 4NA, United Kingdom (company number 17438016, registered in England and Wales)