These Terms & Conditions (the “Terms”) form a binding agreement between Voltage Brand Solutions(“Voltage Brand Solutions,” “we,” “us,” or “our”) and you, whether you access our public website at https://www.voltagesandiego.com, use our secure client portal, or otherwise use any product, software, dashboard, report, deliverable, application programming interface, or service we make available (collectively, the “Services”). The Services are delivered through Voltage Grid™, a proprietary marketing and AI-visibility platform owned and operated by Voltage Brand Solutions.
Please read these Terms carefully. By accessing or using the Services, creating an account, or clicking to accept, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Services. Section 18 contains an arbitration agreement and a class-action waiver that affect your legal rights.
1. Definitions
- “Platform” means Voltage Grid™ and all associated software, source code, object code, user interfaces, designs, dashboards, templates, analytics, workflows, documentation, and infrastructure.
- “Client” means the business or individual that subscribes to or is provided access to the Services.
- “User” means any person who accesses the Services, including Client personnel and authorized team members.
- “Client Data” means the business information, credentials, content, and analytics data a Client provides to, or authorizes us to collect for, the Services.
- “Deliverables” means reports, recaps, dashboards, configurations, and other outputs we provide through the Services.
2. The Platform & Services
Voltage Brand Solutions provides marketing services and software, including AI-visibility tracking across AI search engines (such as ChatGPT, Perplexity, and Gemini), website and search analytics dashboards, reporting and recaps, review and business-profile insights, and a secure client portal. The Services are provided on a subscription or engagement basis and may change, improve, or evolve over time. We may add, modify, or discontinue features at our discretion.
3. Eligibility & Accounts
The Services are intended for businesses and the individuals authorized to act on their behalf. You must be at least 18 years old and able to form a binding contract. You are responsible for the accuracy of the information you provide and for all activity that occurs under your account.
You must keep your login credentials confidential and notify us immediately of any unauthorized access or use. You are responsible for your Users' compliance with these Terms. We may refuse, suspend, or terminate accounts at our discretion, including for violation of these Terms.
4. Subscriptions, Fees & Billing
Paid Services are billed on a recurring subscription basis (for example, monthly) through our third-party payment processor. By subscribing, you authorize us and our payment processor to charge your payment method on a recurring basis until you cancel. Fees are stated at the time of purchase and are exclusive of applicable taxes, which you are responsible for.
- Renewals. Subscriptions renew automatically for successive periods unless cancelled before the renewal date.
- Cancellation. You may cancel at any time through your account or by contacting us; cancellation takes effect at the end of the current billing period.
- Non-payment. If a payment fails or a subscription lapses, we may suspend or lock access to the Services until the account is brought current. Your data is retained during a reasonable cure period as described in our Privacy Policy.
- Refunds. Except where required by law, fees are non-refundable, including for partial billing periods.
- Price changes. We may change fees on prospective notice; changes take effect on your next renewal.
5. Intellectual Property; Ownership of the Platform
The Platform and all Services, including all software, source code, object code, designs, user interfaces, layouts, graphics, text, templates, workflows, methodologies, analytics models, and Deliverables (excluding Client Data), and all intellectual property rights therein, are and remain the sole and exclusive property of Voltage Brand Solutions. Everything designed, developed, configured, and deployed by Voltage Brand Solutions, whether for the general Platform or for a specific Client engagement - is a proprietary component of the Platform owned by Voltage Brand Solutions. No title to or ownership of the Platform, or any part of it, is transferred to you.
Voltage Grid™ and the Voltage Brand Solutions name, logo, and other marks are trademarks of Voltage Brand Solutions. You may not use them without our prior written permission.
Limited License to You
Subject to your compliance with these Terms and payment of applicable fees, Voltage Brand Solutions grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your own internal business purposes during the term of your subscription. This license terminates automatically when your subscription ends. All rights not expressly granted are reserved by Voltage Brand Solutions.
Feedback
If you provide suggestions, ideas, or feedback about the Services, you grant Voltage Brand Solutions a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.
6. No Resale, White-Labeling, or Extraction of Code
The Platform is licensed, not sold, and is provided solely for your permitted use. You expressly agree that you will not, and will not permit any third party to:
- copy, download, export, extract, or otherwise obtain the source code, object code, or underlying files of the Platform;
- reverse engineer, decompile, disassemble, or attempt to derive the source code, structure, or design of the Platform, except to the limited extent this restriction is prohibited by applicable law;
- resell, sublicense, rent, lease, distribute, or otherwise commercialize the Services or any Deliverable;
- white-label, rebrand, or hold out the Platform or any part of it as your own or as your own product or property;
- remove, obscure, or alter any copyright, trademark, or other proprietary notice;
- use the Services, or any code, design, or Deliverable, to build, train, or improve a competing product or service;
- transfer, migrate, or deploy any portion of the Platform to your own or a third party's infrastructure.
Any white-labeling, reseller, agency, or licensing arrangement is available only through a separate written agreement executed with Voltage Brand Solutions through proper channels. Absent such a signed agreement, no such rights are granted, and any attempt to exercise them is a material breach of these Terms.
7. Automated Access & Anti-Scraping
You may not access or use the Services by any automated means, or to harvest, copy, or aggregate content or data, except as expressly authorized in writing by Voltage Brand Solutions. Without limiting the foregoing, you agree not to:
- use any robot, spider, crawler, scraper, headless browser, or other automated system or software to access, index, scrape, mine, or copy any part of the Services or its content;
- collect or extract data, HTML, code, designs, or Deliverables from the Services for any purpose, including to populate a database, dataset, or model;
- circumvent, disable, or interfere with any security, rate-limiting, access-control, or technical protection measure;
- frame, mirror, or embed any part of the Services without our written permission;
- impose an unreasonable or disproportionately large load on our infrastructure, or otherwise interfere with the proper functioning of the Services.
We may use technical and legal measures to detect and prevent unauthorized automated access, and we reserve the right to block, throttle, or pursue any party engaging in it.
8. Acceptable Use
You agree not to use the Services to:
- violate any law or regulation, or infringe the rights of any third party;
- upload or transmit malicious code, or attempt to gain unauthorized access to any account, system, or data;
- impersonate any person or entity, or misrepresent your affiliation;
- interfere with, disrupt, or attempt to probe or test the vulnerability of the Services;
- use the Services in a manner that is fraudulent, abusive, or harmful to Voltage Brand Solutions or others.
9. Client Data & License to Us
As between the parties, you retain ownership of your Client Data. You grant Voltage Brand Solutions a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and use Client Data solely to provide, maintain, secure, and improve the Services, to generate Deliverables for you, and as otherwise described in our Privacy Policy. You represent that you have the rights and any necessary consents to provide Client Data and to authorize the integrations you connect (for example, Google Analytics, Google Search Console, or Google Business Profile).
10. Third-Party Services & Integrations
The Services rely on and interoperate with third-party providers (for example, hosting, database, payment, email, analytics, and AI-search providers). Your use of those services may be subject to their own terms and policies. Voltage Brand Solutions is not responsible for third-party services, and their availability or changes may affect the Services.
11. Confidentiality
Each party may access non-public information of the other. Both parties agree to protect the other's confidential information with reasonable care and to use it only as necessary to perform under these Terms. The Platform, its features, and any non-public pricing or materials are the confidential information of Voltage Brand Solutions.
12. Privacy & California Rights
Our collection and use of personal information is described in our Privacy Policy, which explains, among other things, the rights available to California residents under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (together, the “CCPA”). By using the Services you acknowledge our data practices as described there. We do not sell or share personal information as those terms are defined by the CCPA, and we honor recognized opt-out preference signals.
13. Disclaimers
THE SERVICES AND ALL DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Voltage Brand Solutions DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY PARTICULAR MARKETING, RANKING, TRAFFIC, VISIBILITY, OR REVENUE RESULT WILL BE ACHIEVED. ANALYTICS AND AI-VISIBILITY MEASUREMENTS ARE ESTIMATES AND MAY VARY.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Voltage Brand Solutions AND ITS OWNERS, PERSONNEL, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATED TO THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Voltage Brand Solutions'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO Voltage Brand Solutions FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
15. Indemnification
You agree to indemnify, defend, and hold harmless Voltage Brand Solutionsand its owners and personnel from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your Client Data, your use of the Services, your violation of these Terms, or your violation of any law or third-party right.
16. Term, Suspension & Termination
These Terms apply while you use the Services. We may suspend or terminate your access, with or without notice, if you breach these Terms, fail to pay, or if we reasonably believe your use poses a risk to the Services or others. Upon termination, your license to use the Services ends immediately. Sections that by their nature should survive, including those on intellectual property, restrictions, disclaimers, limitation of liability, indemnification, and dispute resolution - survive termination.
17. Changes to the Services and Terms
We may modify the Services or these Terms from time to time. When we change these Terms, we will update the “Effective” date above and, for material changes, take reasonable steps to notify you. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
18. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Subject to the arbitration provision below, the state and federal courts located in San Diego County, California will have exclusive jurisdiction, and you consent to venue there.
Arbitration; Class-Action Waiver. Except for claims for injunctive relief to protect intellectual property, any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered under the rules of a recognized arbitration provider, seated in San Diego County, California. You and Voltage Brand Solutionswaive the right to a jury trial and agree that claims may be brought only in an individual capacity and not as a plaintiff or class member in any class or representative proceeding. If this waiver is found unenforceable, the arbitration provision will be void as to that claim and it will proceed in court.
19. Miscellaneous
These Terms, together with the Privacy Policy and any order or written agreement you enter with us, are the entire agreement between you and Voltage Brand Solutions regarding the Services and supersede prior agreements on the subject. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control. Notices to you may be provided through the Services or by email.
20. Contact Us
Questions about these Terms? Contact us:
Voltage Brand Solutions
San Diego, California
Email: tyler.gray@voltagesandiego.com