1. Introduction
Welcome to Passionfruit, operated by Alopay, Inc., a Delaware corporation ("Passionfruit," "we," "us," or "our").
These Terms and Conditions ("Terms") govern your access to and use of the Passionfruit AI search optimization platform available at https://www.getpassionfruit.ai (collectively, the "Platform" or "Service").
By creating an account, accessing, or using the Platform, you ("User," "you," or "your") agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Platform.
Please read these Terms carefully before using our Service.
2. Definitions
"AI Search Engines" means artificial intelligence-powered conversational platforms including but not limited to ChatGPT, Claude, Gemini, Perplexity, Google AI Overviews, Grok, Meta AI, Microsoft Copilot, and Deepseek.
"Brand Mentions" means references to your brand, products, or services within responses generated by AI Search Engines.
"Citations" means source attributions provided by AI Search Engines when referencing content from your website or other online properties.
"Dashboard" means the user interface through which you access Platform features, analytics, and recommendations.
"GEO" means Generative Engine Optimization, the practice of optimizing content for visibility in AI-generated responses.
"Prompts" means queries executed by the Platform to AI Search Engines to monitor brand visibility and competitor presence.
"Subscription Plan" means the pricing tier you select (Starter, Growth, Scale, or Enterprise) with associated features and limitations.
"User Data" means information you provide to the Platform, including domain names, competitor information, target keywords, and analytics data.
3. Account Registration and Eligibility
3.1 Age Requirement
You must be at least 18 years old to create an account and use the Platform. By creating an account, you represent and warrant that you meet this age requirement.
3.2 Account Information
When registering, you must provide accurate, current, and complete information including:
Full name
Valid email address
Company/organization name (if applicable)
Billing information
Website domain(s) to monitor
3.3 Account Security
You are responsible for:
Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized access or security breach
Each user must maintain an individual account with unique login credentials. Sharing account credentials is strictly prohibited and may result in immediate account suspension.
3.4 Account Accuracy
You agree to keep your account information accurate and up-to-date. We reserve the right to suspend or terminate accounts with false, inaccurate, or outdated information.
4. Subscription Plans and Billing
4.1 Available Plans
Starter Plan ($19/month):
20 prompts run daily
Support for ChatGPT, Gemini, Perplexity, Claude
Page-level citations tracking
Unlimited competitor tracking
Email support
Growth Plan ($49/month):
70 prompts run daily
All Starter features
Email and Slack support
Scale Plan ($99/month):
150 prompts run daily
All Growth features
1-on-1 support
Enterprise Plan ($499+/month):
Unlimited prompts with custom frequency
Support for all AI platforms including Google AI Overviews, Grok, Meta AI, Microsoft Copilot, Deepseek
Dedicated account manager
Custom content creation and consulting
4.2 Billing Cycles
Subscriptions are billed monthly or annually in advance, depending on your selected billing cycle. Annual subscriptions may receive discounted rates.
4.3 Automatic Renewal
Your subscription automatically renews at the end of each billing cycle unless you cancel at least 30 days before the renewal date.
4.4 Payment Authorization
By providing payment information, you authorize us to charge the applicable subscription fees to your designated payment method. If payment fails, we will notify you and may suspend service access until payment is received.
4.5 Unlimited Seats
All plans include unlimited user seats at no additional per-user cost. However, each seat must be used by a unique individual with separate login credentials.
5. Free Trial
5.1 Trial Period
We may offer a 7-day free trial for new users. During the trial, you have full access to your selected plan's features.
5.2 Trial Requirements
You may need to provide payment information to start a trial. You will not be charged until the trial period ends unless you cancel before the trial expiration.
5.3 Trial Modifications
We reserve the right to modify or discontinue free trial offers at any time without notice.
5.4 One Trial Per User
Free trials are limited to one per user, email address, and payment method.
6. Fair Usage Policy
6.1 Reasonable Use
The Platform is designed for legitimate business use to monitor and optimize AI search visibility. We expect users to operate within the parameters of their selected plan.
6.2 Prohibited Activities
The following activities constitute abuse and may result in service restrictions or termination:
Running automated scripts or bots to abuse the Platform
Attempting to exceed plan limits through technical manipulation
Sharing account credentials for monetary gain
Using the Platform to conduct denial-of-service attacks or similar malicious activities
Reselling Platform access without authorization
6.3 Plan Modifications
We reserve the right to modify prompt limits, word counts, or other usage parameters to maintain service quality for all users. Changes will be communicated via email or Dashboard notifications.
6.4 Account Suspension
Accounts exhibiting usage patterns that significantly exceed normal parameters may be subject to review, restriction, or suspension without prior notice.
7. Service Description
7.1 Core Features
The Platform provides:
Brand Visibility Tracking: Monitor how AI Search Engines mention your brand across queries
Competitor Benchmarking: Track competitor mentions and citations
Prompt Analysis: Identify queries where your brand is missing or underperforming
Actionable Suggestions: Receive AI-powered recommendations for improving visibility
Revenue Attribution: Connect AI search traffic to actual revenue via analytics integrations
Citation Tracking: Page-level analysis of which URLs are cited by AI engines
Sentiment Analysis: Understand how AI platforms describe your brand
7.2 AI Platform Coverage
Coverage varies by plan:
Starter/Growth/Scale: ChatGPT, Claude, Gemini, Perplexity
Enterprise: All platforms including Google AI Overviews, Grok, Meta AI, Microsoft Copilot, Deepseek
7.3 Integrations
The Platform integrates with:
Google Analytics (GA4)
Google Search Console
7.4 Geographic Coverage
All plans include access to 100+ countries for prompt execution and analysis.
8. User Data and Content
8.1 Data You Provide
You are responsible for all User Data submitted to the Platform, including:
Domain names and URLs
Competitor domains
Target keywords and queries
Custom prompts
Integration credentials
8.2 Data Accuracy
You represent and warrant that:
You have the legal right to submit all User Data
Your User Data does not infringe on third-party intellectual property rights
Your User Data is accurate and not misleading
8.3 Data Ownership
You retain ownership of your User Data. However, you grant us a limited, non-exclusive license to use your User Data solely to provide the Platform services.
8.4 Analytics Data
Data generated by the Platform (analytics, insights, citations) is provided to you under your subscription. We may use aggregated, anonymized data for product improvements and research.
8.5 Data Retention
Upon account termination, we may retain your User Data for up to 30 days for backup purposes and as required by law. You are responsible for exporting any data you wish to retain before cancellation.
9. Intellectual Property Rights
9.1 Platform Ownership
The Platform, including all software, algorithms, features, design, branding, and content (excluding User Data), is the exclusive property of Alopay, Inc. and protected by copyright, trademark, and other intellectual property laws.
9.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business purposes in accordance with these Terms.
9.3 Restrictions
You may not:
Reverse engineer, decompile, or disassemble any portion of the Platform
Create derivative works based on the Platform
Remove or modify proprietary notices
Use the Platform to develop competing products
Scrape or systematically extract data beyond intended use
9.4 Feedback
If you provide feedback, suggestions, or ideas about the Platform, we may use them without obligation or compensation to you.
10. Acceptable Use Policy
You agree not to use the Platform to:
10.1 Illegal Activities
Violate any local, state, national, or international law
Engage in fraudulent or deceptive practices
Infringe on intellectual property rights
10.2 Harmful Content
Generate, distribute, or promote illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content
Target or harm minors in any way
Promote violence, discrimination, or hate speech
10.3 System Abuse
Attempt unauthorized access to the Platform or related systems
Introduce viruses, malware, or harmful code
Overload or interfere with Platform infrastructure
Conduct security testing without prior written authorization
10.4 Competitive Intelligence Abuse
Use the Platform primarily to gather competitive intelligence without optimizing your own presence
Scrape competitor data for purposes unrelated to your own AI visibility improvement
10.5 Misrepresentation
Impersonate Passionfruit, our employees, or other users
Create false affiliations or endorsements
Submit false or misleading domain ownership claims
11. Payment Terms
11.1 Payment Methods
We accept credit cards, debit cards, and other payment methods processed through our third-party payment processors (Stripe, Apple Pay, Linktree, Cash App).
11.2 Payment Information
You represent and warrant that:
You have the legal right to use the provided payment method
Your payment information is accurate and current
You will update payment information promptly if it changes
11.3 Failed Payments
If payment fails:
We will notify you via email
Service access may be suspended after 7 days
Your account may be terminated after 30 days of non-payment
11.4 Taxes
All fees are exclusive of applicable taxes. You are responsible for all taxes associated with your subscription.
11.5 Price Changes
We may modify subscription prices with 30 days' notice. Price changes take effect at your next billing cycle. Continued use after price changes constitutes acceptance.
12. Refunds and Cancellations
12.1 No Refunds Policy
All payments are final after the 7-day trial window. No refunds or credits will be issued post that.
12.3 Cancellation Process
You may cancel your subscription at any time by:
Accessing your account settings and selecting "Cancel Subscription"
Emailing admin@getpassionfruitai.com at least 30 days before renewal
12.4 Post-Cancellation Access
Upon cancellation:
You retain access until the end of your current billing period
No refunds are provided for the remaining period
Your data may be deleted 30 days after cancellation
12.5 Reactivation
You may reactivate a canceled account within 30 days without data loss. After 30 days, you must create a new account.
13. Service Modifications and Availability
13.1 Service Changes
We reserve the right to:
Modify, enhance, or discontinue Platform features
Add or remove AI platform coverage
Update pricing and plan structures
Change usage limits or restrictions
Material changes will be communicated via email or Dashboard notification at least 30 days in advance.
13.2 Maintenance and Downtime
The Platform may be unavailable during:
Scheduled maintenance (announced in advance when possible)
Emergency maintenance or security updates
Force majeure events or circumstances beyond our control
We strive for 99.9% uptime but do not guarantee uninterrupted service.
13.3 No Liability for Downtime
We are not liable for losses resulting from service interruptions, delays, or unavailability except as required by law.
14. Third-Party Integrations
14.1 Integration Availability
The Platform integrates with third-party services including Google Analytics and Google Search Console. These integrations are provided as a convenience.
14.2 Third-Party Terms
Your use of third-party integrations is subject to their respective terms of service and privacy policies. We are not responsible for third-party service performance, availability, or policies.
14.3 Integration Changes
Third-party integrations may be modified, suspended, or discontinued at any time based on API availability, commercial arrangements, or technical requirements.
14.4 Data Sharing
When you authorize integrations, you permit data sharing between the Platform and third-party services. Review integration permissions carefully.
15. Disclaimer of Warranties
15.1 "AS IS" Service
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
15.2 No Guarantee of Results
WE DO NOT GUARANTEE THAT:
Use of the Platform will improve your AI search visibility or rankings
AI Search Engines will cite or mention your brand
Recommendations will produce specific outcomes
Data collected is 100% complete or accurate (AI platforms may change their behavior)
The Platform will meet your specific requirements
15.3 Third-Party Data
AI Search Engine responses, citations, and rankings are determined by third parties. We have no control over these platforms' algorithms, policies, or outputs.
15.4 Technical Issues
WE DO NOT WARRANT THAT:
The Platform will be uninterrupted, secure, or error-free
Defects will be corrected immediately
The Platform is free from viruses or harmful components
16. Limitation of Liability
16.1 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE PLATFORM SHALL NOT EXCEED THE GREATER OF:
$100 USD, OR
The amount you paid us in the 12 months preceding the claim
16.2 Excluded Damages
WE SHALL NOT BE LIABLE FOR:
Indirect, incidental, consequential, special, or punitive damages
Lost profits, revenue, data, or business opportunities
Costs of substitute services
Damages resulting from AI Search Engine algorithm changes
Actions or omissions of third-party platforms or integrations
16.3 Force Majeure
We are not liable for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, wars, strikes, government actions, pandemics, or internet/telecommunications failures.
17. Indemnification
You agree to indemnify, defend, and hold harmless Alopay, Inc., its affiliates, officers, directors, employees, agents, and partners from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
Your use or misuse of the Platform
Your violation of these Terms
Your violation of any law or third-party rights
Your User Data or content
Unauthorized access to your account due to your failure to maintain security
18. Termination
18.1 Termination by You
You may terminate your account at any time by following the cancellation process outlined in Section 12.
18.2 Termination by Us
We may suspend or terminate your account immediately, without prior notice, if:
You violate these Terms
Your payment fails after reasonable notice
You engage in fraudulent, abusive, or illegal activity
Required by law or legal process
We cease offering the Platform
18.3 Effect of Termination
Upon termination:
Your access to the Platform ends immediately
All licenses granted to you are revoked
We may delete your User Data after 30 days
You remain liable for all outstanding fees
Sections that by their nature should survive (indemnification, liability limitations, dispute resolution) remain in effect
19. Governing Law and Dispute Resolution
19.1 Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
19.2 Jurisdiction
You agree to submit to the exclusive jurisdiction of state and federal courts located in Cook County, Illinois for any disputes arising from these Terms or the Platform.
19.3 Arbitration
Any dispute not resolved through negotiation within 60 days shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in Chicago, Illinois.
19.4 Class Action Waiver
YOU AGREE THAT DISPUTES MUST BE BROUGHT INDIVIDUALLY AND NOT AS PART OF ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
19.5 Opt-Out Right
You may opt out of arbitration by sending written notice to
admin@getpassionfruitai.com within 30 days of first using the Platform.
20. Changes to Terms
20.1 Modification Rights
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Platform or notification via email.
20.2 Notification
We will provide at least 30 days' notice for material changes. Continued use after changes take effect constitutes acceptance.
20.3 Review Responsibility
You are responsible for reviewing these Terms periodically. If you do not agree to modified Terms, you must discontinue use and cancel your subscription.
21. Contact Information
For questions, concerns, or notices related to these Terms, contact us at:
Alopay, Inc. (Passionfruit)
41 Madison Avenue
New York, NY 10010
Email: admin@getpassionfruitai.com
Website: https://www.getpassionfruit.ai
By creating an account or using the Passionfruit Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
