These Terms of Service (“Terms”) govern your access to and use of the websites, applications, and related services offered by Refresh Digital LLC DBA Compete Scan (collectively, the “Service”). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Who we are
The Service is provided by Refresh Digital LLC, doing business as Compete Scan, with its principal place of business at 221 Main St Ste N, Nashua, NH 03060, USA. Contact: team@competescan.com.
2. The Service
CompeteScan is a B2B software-as-a-service platform that helps businesses analyze brand and competitor visibility in AI search and related marketing insights. Features may include competitor discovery, prompt-based scans across AI answer engines, reports, playbooks, and related analytics. We may modify, suspend, or discontinue any part of the Service at any time.
3. Eligibility and accounts
The Service is intended for business use by individuals who are at least 18 years old and able to form a binding contract. You must provide accurate account information and keep it updated. You are responsible for activity under your account and for maintaining the security of your login methods (including magic-link email access and Google OAuth). Notify us promptly of any unauthorized use.
If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” includes that organization.
4. Acceptable use
You agree not to:
- Use the Service in violation of law, regulation, or third-party rights;
- Attempt to gain unauthorized access to the Service, other accounts, or related systems;
- Interfere with or disrupt the Service, including by introducing malware, scraping in an abusive manner, or overloading our infrastructure;
- Reverse engineer, decompile, or attempt to extract source code except where applicable law prohibits this restriction;
- Resell, sublicense, or provide the Service to third parties except as expressly permitted by your plan;
- Submit content that is unlawful, infringing, deceptive, or that you do not have rights to use;
- Use the Service to build a competing product using our non-public materials, prompts, or outputs in a way that misappropriates our intellectual property.
We may suspend or terminate access for suspected violations of these Terms or for risk to the Service or other users.
5. Customer content and inputs
You retain ownership of content you submit to the Service, such as domains, competitor names, business profile details, and other materials you provide (“Customer Content”). You grant us a non-exclusive, worldwide, royalty-free license to host, process, transmit, display, and create derivative works from Customer Content solely to operate, maintain, improve, and provide the Service and related support.
You represent that you have all rights necessary to submit Customer Content and that our use as permitted by these Terms will not infringe third-party rights.
6. Outputs and AI-related statements
The Service may generate reports, rankings, recommendations, playbooks, and other outputs based on third-party AI platforms, public web data, and automated analysis (“Outputs”). Outputs are provided for informational and business guidance purposes. AI systems and search results change frequently; Outputs may be incomplete, inaccurate, or out of date. You are solely responsible for decisions you make based on Outputs, including marketing, SEO/AEO, or competitive actions.
We do not guarantee that any brand will appear in AI answers, improve visibility, or achieve any particular commercial result.
7. Plans, trials, and payments
Certain features require a paid subscription. Prices, plan limits, and billing intervals are shown at checkout or on our pricing page and may change prospectively. Unless otherwise stated, fees are billed in advance and are non-refundable except where required by law or expressly stated by us in writing.
Payments are processed by Stripe, Inc. (“Stripe”). By purchasing, you also agree to Stripe’s applicable terms and authorize us (and Stripe) to charge your selected payment method for recurring fees until you cancel. You are responsible for applicable taxes.
Free scans or free tiers, if offered, may be limited in scope, frequency, or duration and may be changed or withdrawn.
8. Cancellation
You may cancel a paid subscription as described in your account settings or by contacting us at team@competescan.com. Cancellation typically takes effect at the end of the then-current billing period unless otherwise stated. We may terminate or suspend the Service or your account immediately for material breach, non-payment, legal risk, or misuse.
9. Intellectual property
We and our licensors own the Service, including software, designs, trademarks (including CompeteScan and related marks), documentation, and non-Customer Content. Except for the limited right to use the Service under these Terms, no rights are granted to you. You may not use our trademarks without prior written permission.
10. Third-party services
The Service depends on or interoperates with third parties, including authentication providers, payment processors (Stripe), analytics providers, hosting providers, and AI platforms we query as part of scans. Those services are subject to their own terms and privacy policies. We are not responsible for third-party services we do not control, including changes to AI engine behavior or availability.
11. Privacy
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
12. Confidentiality
If either party shares non-public business information marked or reasonably understood as confidential, the receiving party will use it only to perform under these Terms and will protect it with reasonable care. This does not apply to information that is public, independently developed, or rightfully received from a third party without duty of confidentiality.
13. Disclaimers
THE SERVICE AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT OUTPUTS WILL BE ACCURATE OR COMPLETE.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER REFRESH DIGITAL LLC NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US $100) IF YOU HAVE NOT PAID US ANY AMOUNTS.
Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.
15. Indemnification
You will defend, indemnify, and hold harmless Refresh Digital LLC and its officers, directors, employees, and agents from and against claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your Customer Content, your use of the Service, or your violation of these Terms or applicable law.
16. Governing law and disputes
These Terms are governed by the laws of the State of New Hampshire, without regard to conflict-of-law rules. Except where prohibited by law, exclusive venue for disputes will be the state or federal courts located in New Hampshire, and you consent to personal jurisdiction there.
Before filing a claim, you agree to try to resolve the dispute informally by contacting team@competescan.com and allowing 30 days for a response.
17. Changes to these Terms
We may update these Terms from time to time. We will post the updated Terms on this page and update the effective date. Material changes may also be communicated by email or in-product notice. Continued use of the Service after changes become effective constitutes acceptance of the updated Terms.
18. Miscellaneous
These Terms are the entire agreement between you and us regarding the Service and supersede prior agreements on the same subject. If any provision is unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to us should be sent to team@competescan.com and to 221 Main St Ste N, Nashua, NH 03060, USA.
19. Contact
Questions about these Terms: team@competescan.com
Refresh Digital LLC DBA Compete Scan
221 Main St Ste N
Nashua, NH 03060
USA