Terms of Service

Effective Date: October 14, 2025

Welcome to ARI (Audience Resonance Index™). These Terms of Service ("Terms") govern your access to and use of our cultural analytics platform. By using ARI, you agree to these Terms.

1. SERVICE OVERVIEW

ARI is an AI-powered marketing intelligence platform that analyzes campaign briefs and RFPs to predict cultural resonance and campaign effectiveness. We provide analysis, insights, and reports to help optimize marketing strategies.

2. ACCOUNT REGISTRATION & SECURITY

2.1. Account Creation

  • You must provide accurate, current, and complete information
  • You must be 18 years or older to create an account
  • One person or entity per account (no account sharing)

2.2. Account Security

  • You are responsible for safeguarding your login credentials
  • You are responsible for all activity under your account
  • Notify us immediately at hello@digitalculture.group of any unauthorized access

2.3. Account Termination

  • You may close your account at any time
  • We may suspend or terminate accounts that violate these Terms
  • We may terminate accounts with 30 days' notice for any reason

3. ACCEPTABLE USE POLICY

You agree to:

  • Use ARI only for lawful business purposes
  • Provide accurate information in campaign briefs
  • Respect intellectual property rights
  • Keep your account credentials confidential

You agree NOT to:

  • Upload malicious files, viruses, or harmful code
  • Attempt to hack, reverse engineer, or compromise the platform
  • Violate any applicable laws or regulations
  • Resell, redistribute, or share access without authorization
  • Use automated tools to scrape or extract data
  • Overload our systems or interfere with other users
  • Upload content containing hate speech, discrimination, or illegal material

4. SERVICE FEATURES & LIMITATIONS

4.1. What We Provide:

  • Campaign brief analysis across 9 cultural metrics
  • AI-powered insights and recommendations
  • Benchmark comparisons and performance predictions
  • PDF report generation
  • Industry trend analysis

4.2. Service Limits:

  • File uploads limited to 200MB per file
  • Supported formats: PDF, DOCX, TXT
  • Analysis processing times may vary based on content length
  • API rate limits may apply to high-volume users

4.3. Service Availability:

  • We aim for 99.9% uptime but cannot guarantee uninterrupted access
  • Scheduled maintenance will be announced in advance
  • We are not liable for third-party service disruptions (including OpenAI)

5. INTELLECTUAL PROPERTY RIGHTS

5.1. Our Property:

  • ARI platform, Audience Resonance Index™, algorithms, scoring methodology, and all related IP are owned by Digital Culture Group
  • You may not copy, modify, or create derivative works
  • Our trademarks and branding may not be used without written permission

5.2. Your Content:

  • You retain all rights to campaign briefs and content you upload
  • You grant us a license to process your content to provide the Service
  • We may use anonymized, aggregated data to improve our algorithms

5.3. Generated Reports:

  • Analysis reports are licensed to you for internal business use
  • You may share reports with clients as part of your agency services
  • Reports may not be resold as standalone products

6. PAYMENT TERMS

6.1. Fees & Billing:

  • Fees are based on your subscription plan or usage tier
  • All prices are in USD unless otherwise stated
  • Payment is due according to your billing cycle
  • We accept credit cards and approved payment methods

6.2. Subscription Plans:

  • Subscriptions auto-renew unless cancelled
  • Cancel anytime; cancellation effective at end of billing period
  • No refunds for partial billing periods

6.3. Price Changes:

  • We may modify pricing with 30 days' notice
  • Price changes apply to subsequent billing cycles
  • Continued use after notice constitutes acceptance

6.4. Non-Payment:

  • Late payments may incur fees or service suspension
  • Accounts may be terminated for non-payment

7. DATA & PRIVACY

7.1. Data Collection:

  • We collect data as described in our Privacy Policy
  • Campaign content is processed using AI (including OpenAI)
  • Usage data helps us improve the platform

7.2. Data Security:

  • We implement industry-standard security measures
  • Data is encrypted in transit and at rest
  • We cannot guarantee 100% security

7.3. Data Retention:

  • Account data retained while account is active
  • Analysis data may be retained for benchmarking (anonymized)
  • You may request data deletion subject to legal requirements

See our full Privacy Policy for details.

8. AI & THIRD-PARTY SERVICES

8.1. AI Analysis:

  • ARI uses artificial intelligence and machine learning for analysis
  • AI-generated insights are informational, not guaranteed outcomes
  • Results should inform but not replace professional judgment

8.2. Third-Party Integration:

  • We use OpenAI and other services to power features
  • Third-party services have their own terms and policies
  • We are not responsible for third-party service changes or outages

8.3. Analysis Accuracy:

  • While we strive for accuracy, predictions are estimates
  • Campaign performance depends on many external factors
  • We do not guarantee specific ROI or campaign results

9. CONFIDENTIALITY

9.1. Your Confidential Information:

  • Campaign briefs and proprietary business information are confidential
  • We will not share your data except as required to provide services
  • We implement reasonable safeguards to protect confidentiality

9.2. Our Confidential Information:

  • Our algorithms, scoring methodology, and trade secrets are confidential
  • You may not disclose or use our confidential information

10. WARRANTIES & DISCLAIMERS

10.1. SERVICE PROVIDED "AS IS":

  • ARI IS PROVIDED "AS IS" AND "AS AVAILABLE"
  • WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED
  • WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE SERVICE
  • WE DO NOT GUARANTEE SPECIFIC CAMPAIGN OUTCOMES

10.2. No Professional Advice:

  • ARI provides analysis tools, not professional consulting
  • Results are informational and should not be sole basis for decisions
  • Consult appropriate professionals for specific advice

11. LIMITATION OF LIABILITY

11.1. Damages Exclusion:

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
  • WE ARE NOT LIABLE FOR LOST PROFITS, REVENUE, DATA, OR OPPORTUNITIES
  • WE ARE NOT LIABLE FOR CAMPAIGN PERFORMANCE OR BUSINESS RESULTS

11.2. Liability Cap:

OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM.

11.3. Exceptions:

Some jurisdictions don't allow liability limitations. In those cases, our liability is limited to the fullest extent permitted by law.

12. INDEMNIFICATION

You agree to indemnify and hold harmless Digital Culture Group from claims, damages, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you upload to the platform

13. MODIFICATIONS TO SERVICE & TERMS

13.1. Service Changes:

  • We may modify, suspend, or discontinue features at any time
  • We will provide notice of material changes when possible
  • Continued use after changes constitutes acceptance

13.2. Terms Updates:

  • We may update these Terms periodically
  • Material changes will be communicated via email or platform notice
  • Updated Terms effective upon posting or date specified

14. DISPUTE RESOLUTION

14.1. Informal Resolution:

Contact us at hello@digitalculture.group to resolve disputes informally first.

14.2. Governing Law:

These Terms are governed by applicable laws, without regard to conflict of law principles.

15. GENERAL PROVISIONS

15.1. Entire Agreement:

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Digital Culture Group.

15.2. Severability:

If any provision is found unenforceable, remaining provisions remain in effect.

15.3. No Waiver:

Our failure to enforce any right does not waive that right.

15.4. Assignment:

You may not assign these Terms without our consent. We may assign these Terms without restriction.

15.5. Force Majeure:

We are not liable for delays or failures due to circumstances beyond our reasonable control.

16. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms:

Email: hello@digitalculture.group

Notices: All legal notices should be sent to the email above.

By using ARI, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.