Terms of Service
Last updated: September 15, 2026 · Version 1.4
What changed in version 1.3: our contact addresses moved to our own domain — support@gelios-monitor.ai for support, billing and disputes, legal@gelios-monitor.ai for legal notices.
What changed in version 1.2: Section 4 now states how often data is refreshed on each plan — monthly on the Free Plan, daily on Paid Plans — which is the main practical difference between them. Paid Plans are no longer described as available "exclusively to Promodo clients": they are sold self-service to anyone. References to a separate "pricing page" were replaced with the pricing section on gelios-monitor.ai, which is where prices actually live. A new Section 5.7 was added to state when access begins after payment; the former 5.7 on chargebacks is now 5.8.
What changed in version 1.1: Section 4 was brought in line with what the Service actually delivers. Two capabilities listed under Paid Plans — manual audit runs and configurable update frequency — are not offered and were removed; Google AI Overview, which is included for every plan, was added.
Merchant of Record & Product Owner: Promodo Inc., Las Vegas, Nevada, United States
PAYMENT NOTICE: All purchases on gelios-monitor.ai are sold and processed by Promodo Inc. (Nevada, USA) as Merchant of Record and product owner. Charges appear on your card statement as PROMODO*GELIOS. Promodo Inc. is solely responsible for billing, refunds, disputes, and chargebacks. Contact support@gelios-monitor.ai before filing any dispute with your bank.
1. Agreement to Terms
By accessing or using GELIOS ("Service"), available at gelios-monitor.ai and its associated subdomains, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.
The Service is owned, sold, and operated by Promodo Inc., a corporation incorporated in the State of Nevada, United States ("Promodo," "GELIOS," "Company," "we," "us," or "our"). Promodo Inc. is the owner of the GELIOS product and the Merchant of Record for all transactions, solely responsible for customer support, billing, refunds, disputes, and chargebacks.
GELIOS (Generative Exposure & LLM Indexation Observer System) is a SaaS platform for monitoring brand visibility in AI-generated responses from large language models, powered by data from Ahrefs Brand Radar and integrated AI platforms including Google Gemini and OpenAI ChatGPT.
By creating an account, clicking "I agree," or completing a purchase, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. If you are using the Service on behalf of a business or legal entity, you represent that you have authority to bind that entity to these Terms, and "you" refers to that entity.
These Terms constitute the entire agreement between you and Promodo Inc. regarding the Service. Acceptance occurs at the moment you create an account or complete a purchase — whichever comes first.
2. Definitions
The following terms have the meanings set forth below throughout these Terms:
- "Account" — your registered user account for accessing the Service.
- "Free Plan" — access to the Service at no charge, with limited features and usage quotas as described in the pricing section on gelios-monitor.ai.
- "Paid Plan" — a subscription plan with periodic billing that unlocks advanced features and higher usage limits.
- "Billing Period" — the subscription interval you select (monthly or annual).
- "Project" — a monitoring configuration you create within the Service, including brand, domain, competitors, region, and queries.
- "Third-Party Data" — data obtained from external providers including Ahrefs, Google (Gemini), OpenAI (ChatGPT), and DataForSEO.
- "Content" — data, text, prompts, and materials you upload or configure within the Service.
- "AI Output" — responses, mentions, and visibility data generated by or derived from AI language model queries.
- "GEO" — Generative Engine Optimization; the practice of improving brand visibility in AI-generated responses.
3. Eligibility and Account Registration
3.1 Eligibility
You must be at least 18 years old and have the legal capacity to enter into binding contracts to use the Service. The Service is designed for business and professional use. By using the Service, you represent and warrant that:
- You meet the minimum age requirement and have full legal capacity to enter into a binding agreement
- You are not located in, incorporated under the laws of, or a resident or national of Cuba, Iran, North Korea, Syria, Russia (for sanctioned activities), or the Crimea, Donetsk, or Luhansk regions of Ukraine
- You are not subject to U.S. economic sanctions, including those administered by OFAC, or identified on the Specially Designated Nationals (SDN) list, Denied Persons List, or Entity List
- Your use of the Service complies with all applicable laws and regulations in your jurisdiction
3.2 Account Creation
You may register using an email address and password, or via Google OAuth. You agree to:
- Provide accurate, current, and complete registration information and keep it updated at all times
- Maintain the security and confidentiality of your login credentials and not share them with any third party
- Accept full responsibility for all activity that occurs under your account, whether authorized or not
- Notify us immediately of any unauthorized use or suspected compromise at support@gelios-monitor.ai
- Not create more than one account per person or entity without our prior written consent
We reserve the right to refuse registration, suspend, or terminate accounts that violate these Terms, provide inaccurate information, or use temporary or disposable email addresses. We are not liable for losses arising from unauthorized account access where you failed to notify us promptly.
4. Service Plans and Features
4.1 Free Plan
GELIOS offers a Free Plan available to all users at no charge. The Free Plan includes:
- Automated AI-generated query selection based on your website topic (up to 10 queries)
- Brand visibility checks across Google Gemini, OpenAI ChatGPT and Google AI Overview
- Results dashboard showing brand presence in AI-generated answers
- Six months of visibility trend data powered by Ahrefs Brand Radar
- Data refreshed once a month. This is the main limitation of the Free Plan
The Free Plan is provided "as is" and may be modified, limited, or discontinued at any time without notice or liability. Promodo Inc. does not guarantee continued availability of the Free Plan.
4.2 Paid Plans
Paid Plans are available to anyone and are purchased self-service. They include:
- Data refreshed every day instead of once a month. This is the main difference from the Free Plan
- Custom queries — add and edit your own search queries beyond the automatically generated set
- Editing competitors and monitoring settings
- A larger query allowance, which varies by plan
- Priority support from the Promodo team
- GEO strategy development and expert insights — available as an additional service upon request
Manual, on-demand audit runs are not part of any plan: checks run on schedule. Specific features, usage limits, and pricing for each Paid Plan are shown in the pricing section on gelios-monitor.ai at the time of purchase. We reserve the right to modify plan features, provided that material reductions to core Paid Plan functionality during an already-paid Billing Period are subject to the remedies in Section 7.
4.3 Promodo Client Plans
Advanced GELIOS features are available to existing Promodo agency clients as part of their client relationship. Promodo clients may access custom query capabilities and dedicated support through their account manager. Promodo client access is subject to the client's existing engagement terms with Promodo in addition to these Terms.
5. Purchases, Billing, and Payments
5.1 Payment Processing and Statement Descriptor
All payments are processed by Promodo Inc. through Stripe, a PCI-DSS Level 1 compliant payment processor. We accept Visa, Mastercard, American Express, and other payment methods made available through Stripe at checkout. All transactions are denominated and settled in U.S. Dollars (USD) unless otherwise specified at checkout.
IMPORTANT — STATEMENT DESCRIPTOR: Charges will appear on your bank or credit card statement as "PROMODO*GELIOS". If you do not recognize this descriptor, please contact us at support@gelios-monitor.ai BEFORE initiating a chargeback or dispute with your bank, as we can typically resolve billing concerns faster and more effectively through direct communication.
5.2 Billing Authorization and Auto-Renewal
By subscribing to a Paid Plan, you authorize Promodo Inc. (through Stripe) to charge your selected payment method for the applicable plan fee plus any applicable taxes, on a recurring basis for each Billing Period. Subscriptions automatically renew at the end of each Billing Period at the then-current price unless you cancel before the renewal date. If no payment method is saved for automatic charging on the renewal date, we will send you an invoice or reminder in advance to the email address on your account.
5.3 Price Changes
We may adjust pricing for new subscriptions or renewals. We will notify you at least 30 days in advance via email or in-app notice before any price change takes effect for your renewals. Your existing subscription will be honored at the current price through the end of the paid Billing Period in which the notice is received. Continued use after the price change takes effect constitutes acceptance of the new pricing. If you do not agree, you may cancel before your next renewal.
5.4 Sales Tax and VAT
Promodo Inc., as Merchant of Record, is legally responsible for calculating, collecting, and remitting applicable sales tax, use tax, VAT, GST, or other transaction taxes as required by law based on your billing address or location. Applicable taxes will be calculated automatically at checkout using Stripe Tax and displayed prior to payment confirmation. Tax amounts are non-refundable once remitted to the applicable taxing authority.
5.5 Failed Payments
If a payment fails, we may retry the charge and may suspend or downgrade your Paid Plan features until payment is successfully completed. We will notify you of failed payments via the email address on your account. Repeated payment failures may result in account suspension.
5.6 Free Trials and Promotional Offers
From time to time, we may offer free trial periods or promotional pricing. The specific terms will be disclosed at the time of the offer. Unless otherwise stated, at the end of a free trial, your subscription will automatically convert to the applicable Paid Plan and your payment method will be charged, unless you cancel before the trial period ends.
5.7 When Access Begins
Access to a Paid Plan is granted immediately after the payment is confirmed by Stripe — typically within seconds. There is nothing to ship and no waiting period: the Service is delivered entirely online through your existing GELIOS account, at gelios-monitor.ai.
The first scheduled data refresh under the new plan happens on the plan's normal schedule (see Section 4). Historical data already collected for your projects remains available and is not re-collected on upgrade.
If your account has not switched to the paid plan within one hour of a successful payment, contact support@gelios-monitor.ai — do not pay again.
5.8 Chargebacks and Payment Disputes
Promodo Inc., as Merchant of Record, is responsible for handling all payment disputes and chargebacks initiated by customers with their card issuers, banks, or payment networks. We maintain complete transaction and server log records and submit detailed evidence in response to all disputes.
Filing a chargeback or payment reversal without first contacting Promodo Inc. may result in:
- Immediate suspension or permanent termination of your account
- Loss of access to all projects, data, and generated reports
- Forfeiture of any prepaid subscription fees without compensation
- Referral to collections or legal proceedings for recovery of disputed amounts plus chargeback fees and attorneys' fees
- Reporting to fraud prevention networks and card network fraud databases
6. Cancellation and Refunds
6.1 Cancellation
You may cancel your Paid Plan subscription at any time through Account Settings or by contacting support@gelios-monitor.ai. Cancellation takes effect at the end of your current paid Billing Period. After cancellation, your account may revert to the Free Plan or be suspended, subject to Section 6.4. You will receive a confirmation email upon successful cancellation. If you do not receive a confirmation, contact us immediately as cancellation is not effective until confirmed.
6.2 Prorated Refund for Mid-Period Cancellations
If you cancel a Paid Plan subscription during a Billing Period, Promodo Inc. will issue a prorated refund for the unused portion of that period, calculated from the effective cancellation date to the end of the paid period. Already-consumed services and any usage-based charges are not refundable. Refunds are processed to your original payment method via Stripe within 5–10 business days of approval.
6.3 Billing Errors
We will issue a full refund for verified billing errors, including:
- Duplicate charges — the same transaction processed more than once due to a technical error
- Incorrect charge amounts — an amount different from the price displayed at checkout
- Charges processed after a confirmed cancellation or subscription termination
6.4 Effect of Cancellation
After the end of your paid Billing Period following cancellation: your account may be converted to the Free Plan with reduced features and lower usage limits, or suspended if no Free Plan access is available. We may delete or restrict access to data, projects, and reports associated with your Paid Plan in accordance with our Privacy Policy and data retention terms.
6.5 Consumer Protection Rights
Nothing in this Section limits or excludes any statutory rights you may have under applicable consumer protection laws in your jurisdiction that cannot be waived by contract. Where applicable law grants you mandatory cooling-off, withdrawal, or refund rights broader than those described here, those statutory rights apply in addition to this Section.
6.6 Service Discontinuation
If Promodo Inc. permanently discontinues the GELIOS service, we will provide at least 30 days' advance notice and offer a prorated refund for any prepaid but undelivered portion of a Paid Plan subscription, calculated on a daily basis.
7. Acceptable Use Policy
You agree to use the Service only for lawful purposes and in accordance with these Terms. The following uses are strictly prohibited:
Prohibited Legal and Rights Violations
- Using the Service in violation of any applicable law, regulation, or third-party rights
- Monitoring domains, brands, or individuals in a manner that violates applicable privacy, data protection, or competition laws
- Using AI Output or visibility data to engage in anticompetitive conduct, false advertising, or market manipulation
- Uploading or processing Content to which you do not have the necessary rights or permissions
Prohibited Technical Conduct
- Reverse-engineering, decompiling, disassembling, or attempting to extract the source code or algorithms of the Service
- Circumventing usage limits, rate limits, access controls, or security features of the Service
- Using automated bots, scrapers, or scripts to access the Service beyond normal, permitted use
- Attempting to gain unauthorized access to our systems, databases, or other users' accounts
- Introducing viruses, malware, or other harmful code
- Conducting load testing or vulnerability scanning without prior written authorization
Prohibited Commercial Conduct
- Reselling, sublicensing, white-labeling, or redistributing the Service or AI Output as a competing product without our written consent
- Using the Service or AI Output to develop, train, fine-tune, or benchmark competing AI monitoring products
- Using the Service if you are a direct competitor of GELIOS or Promodo Inc. for the purpose of competitive intelligence about our platform
- Creating multiple accounts to circumvent plan limits, referral restrictions, or promotional caps
We reserve the right to investigate suspected violations and suspend access to protect the Service or other users. Violations may result in immediate account suspension or termination without notice or refund, and we may seek injunctive relief and monetary damages to the fullest extent permitted by law.
8. Intellectual Property
8.1 Your Content
You retain all ownership rights in Content you upload or configure within the Service, including Project configurations, brand names, domains, competitor lists, and custom queries ("Your Content"). By submitting Your Content, you grant Promodo Inc. a limited, non-exclusive, worldwide, royalty-free license to host, store, process, and use Your Content solely for the purpose of: (a) providing the Service to you; (b) improving and maintaining the Service, provided such use is anonymized and aggregated; and (c) complying with legal obligations. This license terminates when you delete Your Content or close your account, subject to reasonable backup and caching periods.
8.2 GELIOS Platform Intellectual Property
The GELIOS name, logo, platform software, interfaces, design, architecture, algorithms, trademarks, service marks, trade dress, and all related intellectual property rights are and remain the exclusive property of Promodo Inc. Nothing in these Terms transfers any ownership of the GELIOS platform, brand, or underlying technology to you. The GELIOS name and logo may not be used without our prior written permission.
8.3 License to Use the Service
Subject to your compliance with these Terms and timely payment of applicable fees, Promodo Inc. grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes during the term of your subscription or Free Plan access.
8.4 AI Output and Reports
You may use AI Output, visibility reports, and dashboard data generated by the Service for your own internal business purposes, including marketing strategy and GEO planning. You may not: (a) redistribute or resell AI Output as a standalone data product; (b) use AI Output to train competing AI systems; or (c) represent AI Output as your own original research without attribution.
8.5 Feedback
If you provide feedback, suggestions, or feature requests regarding the Service, Promodo Inc. may use such feedback freely without restriction and without any obligation or compensation to you.
8.6 Aggregated and Anonymized Data
We may create and use aggregated or anonymized data that does not identify you or any individual for the purpose of operating, improving, and marketing the Service, and for industry benchmarking and research.
9. Third-Party Data, AI Outputs, and Service Limitations
9.1 Third-Party Data Providers
The Service relies on data and APIs from third-party providers, including:
- Ahrefs Brand Radar — for AI search query volume and six-month visibility trend data (covering 396M+ AI search queries)
- Google (Gemini) — for AI-generated brand mention checks across Google's generative AI responses
- OpenAI (ChatGPT) — for AI-generated brand mention checks across OpenAI's language model responses
- DataForSEO — for supplementary search data and keyword metrics
These providers operate independently and are subject to their own terms of service and privacy policies. Promodo Inc. does not control Third-Party Data and is not responsible for its accuracy, completeness, or availability.
9.2 No Guarantee of Accuracy or Results
AI-generated responses are non-deterministic, probabilistic outputs that may vary across queries, time, and platforms. AI Output and Third-Party Data are provided "as is" and may be incomplete, inaccurate, outdated, or inconsistent. The Service is a monitoring and measurement tool. It does not guarantee any specific:
- Brand mention frequency, ranking, or AI recommendation outcome
- Improvement in AI visibility as a result of using the Service or implementing GEO recommendations
- Consistency or reproducibility of AI-generated responses across different queries or time periods
- Business results, revenue, or conversion outcomes attributable to AI visibility
You are solely responsible for how you interpret and act upon AI Output and visibility data provided by the Service.
9.3 Third-Party API Changes
Third-party providers may modify, restrict, or discontinue their APIs at any time, which may affect the availability or quality of certain Service features. Promodo Inc. will use commercially reasonable efforts to maintain Service functionality but is not liable for disruptions caused by third-party provider changes.
9.4 Cloudflare and Technical Restrictions
Some website configurations — particularly those using Cloudflare's default AI crawler restrictions or restrictive robots.txt settings — may limit or prevent AI systems from indexing your content, which can affect the accuracy of brand visibility data. The Service will flag known technical restrictions where detectable. Resolving such restrictions is your responsibility.
10. Service Availability, Modifications, and Suspension
10.1 Availability
We strive to maintain high service availability but do not guarantee uninterrupted, error-free, or secure access. The Service may be unavailable due to planned or emergency maintenance, infrastructure failures, third-party API outages, or circumstances beyond our control. We will make reasonable efforts to provide advance notice of planned downtime.
10.2 Right to Modify
We reserve the right to modify, update, add, or discontinue any feature or aspect of the Service at any time. If we discontinue a core feature that materially impairs the primary value of your Paid Plan subscription, we will provide at least 30 days' advance notice and offer a prorated refund for the unused portion of any prepaid subscription.
10.3 Account Suspension
We may suspend your account (temporarily restrict access without termination) at any time if we suspect: (a) security compromise of your account; (b) unusual or potentially fraudulent activity; (c) violation of the Acceptable Use Policy pending investigation; or (d) a chargeback or payment dispute is pending resolution. We will notify you of a suspension and its reason where legally permissible. Suspension does not entitle you to a refund of prepaid fees unless the suspension was made in error.
11. Data, Privacy, and Security
Your use of GELIOS is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described therein.
We implement commercially reasonable technical and organizational security measures to protect your data, including encryption in transit, access controls, and regular security assessments. However, no method of electronic transmission or storage is completely secure.
In the event of a data breach affecting your personal information, we will notify you and applicable regulators in accordance with applicable law, including U.S. state breach notification statutes and, where applicable, GDPR Article 33/34.
Data Retention: Upon account termination, we will delete or anonymize your personal data and Content within 30 days, except where retention is required by law for tax records, fraud prevention, or legal proceedings.
12. Disclaimer of Warranties
THE SERVICE, INCLUDING ALL AI OUTPUT, THIRD-PARTY DATA, AND VISIBILITY REPORTS, IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. PROMODO INC. DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS; (B) AI OUTPUT OR THIRD-PARTY DATA WILL BE ACCURATE, COMPLETE, CONSISTENT, OR CURRENT; (C) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (D) THE USE OF THE SERVICE WILL RESULT IN ANY IMPROVEMENT IN BRAND VISIBILITY, AI MENTIONS, OR BUSINESS OUTCOMES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROMODO INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU PAID TO PROMODO INC. IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
These limitations apply regardless of the legal theory underlying any claim — contract, tort, strict liability, or statute. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or for death or personal injury caused by negligence.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY.
14. Force Majeure
Neither party shall be liable for any delay or failure in performance caused by circumstances beyond their reasonable control, including acts of war, armed conflict, terrorism, natural disasters, government actions, sanctions or regulations, widespread internet or infrastructure failures, actions or failures of third-party service providers (including AI model providers, data providers, or cloud infrastructure), epidemics, pandemics, cyberattacks, or power failures. If a force majeure event continues for more than 60 consecutive days, either party may terminate the affected subscription upon written notice, and Promodo Inc. will provide a prorated refund for any prepaid but undelivered services.
15. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Promodo Inc. and its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your breach of any provision of these Terms
- Your violation of any applicable law, regulation, or third-party rights
- Content you upload, configure, or process through the Service
- Your use or misuse of AI Output, visibility data, or GEO insights provided by the Service
- Any fraudulent chargeback, payment dispute, or abusive use of our billing or refund systems
Promodo Inc. reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification. You agree to cooperate fully with our defense and not settle any claim without our prior written consent.
16. Term and Termination
16.1 Term
These Terms commence when you first create an account or use the Service and remain in effect until terminated.
16.2 Termination by Promodo Inc.
We may suspend or terminate your access at any time, with or without prior notice, for:
- Material or repeated violation of these Terms or the Acceptable Use Policy
- Fraudulent activity, unauthorized chargebacks, payment fraud, or billing system abuse
- Non-payment of applicable fees after reasonable notice
- Request or order by law enforcement, government authorities, or courts
- Conduct that creates legal liability or reputational risk for Promodo Inc.
- Ceasing to offer the Service in your jurisdiction due to legal or regulatory requirements
16.3 Termination by You
You may terminate your account at any time by canceling your subscription and requesting account deletion at support@gelios-monitor.ai. Termination does not entitle you to a refund except as provided in Section 6.
16.4 Effect of Termination
Upon termination:
- Your right to access and use the Service ceases immediately
- We will delete or anonymize your personal data and Content within 30 days, subject to legal retention obligations
- Outstanding payment obligations survive termination and remain enforceable
- Sections 8.2, 12, 13, 15, and 17 survive termination indefinitely
17. Dispute Resolution and Governing Law
17.1 Informal Resolution (Mandatory Pre-Condition)
Before initiating any formal legal proceeding, you must first attempt to resolve the dispute informally. Send a written notice to legal@gelios-monitor.ai describing the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute within 30 days. Initiating formal proceedings without complying with this requirement is a breach of these Terms.
17.2 Governing Law
These Terms and any dispute arising out of or relating to them or the Service are governed by and construed exclusively in accordance with the laws of the State of Nevada, United States, without regard to its conflict of law rules or principles.
17.3 Binding Arbitration
If informal resolution fails, any dispute shall be resolved exclusively by final, binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (for individual disputes) or Commercial Arbitration Rules (for business disputes), available at adr.org. Arbitration shall be conducted in English. The seat of arbitration shall be Clark County, Nevada, USA, unless AAA Consumer Rules require otherwise based on your location. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
17.4 Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PROMODO INC. EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR MULTI-PARTY ACTION. IF THIS WAIVER IS FOUND UNENFORCEABLE FOR A PARTICULAR CLAIM, THAT CLAIM MUST PROCEED IN COURT ON AN INDIVIDUAL BASIS, AND ALL OTHER CLAIMS REMAIN IN ARBITRATION.
17.5 Arbitration Opt-Out
You have the right to opt out of binding arbitration and the class action waiver in Sections 17.3 and 17.4. To opt out, send written notice to legal@gelios-monitor.ai with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms, including your full name and account email. If you opt out, disputes will be resolved in the courts specified in Section 17.6.
17.6 Court Jurisdiction (Fallback)
For disputes not subject to arbitration — including where you have validly opted out or where arbitration is unenforceable — you agree to submit to the exclusive jurisdiction of the state and federal courts located in Clark County, Nevada, United States. You waive any objection to jurisdiction or venue in such courts.
17.7 Exception for Injunctive Relief
Either party may seek temporary restraining orders, preliminary injunctions, or emergency equitable relief from any court of competent jurisdiction to prevent irreparable harm or protect intellectual property, without first complying with the informal resolution requirement.
17.8 Statute of Limitations
Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the cause of action first accrues. Claims not brought within this period are permanently barred, unless prohibited by applicable law.
18. Changes to These Terms
We may update these Terms from time to time.
Updates that correct or clarify an existing provision — for example, aligning the description of a feature with what the Service actually provides — take effect when published.
When we make material changes, we will:
- Send advance notice via email at least 14 days before those changes take effect, and state in that notice the date from which they apply
- Post a prominent notice on the Service and update the "Last updated" date and version number at the top of these Terms
- For changes that materially and adversely affect your rights, provide at least 30 days' notice
Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms. If you do not agree to a material change, you must stop using the Service before the date stated in our notice. We will maintain an archive of prior versions of these Terms.
19. General Provisions
19.1 Entire Agreement
These Terms, together with our Privacy Policy and any other policies expressly incorporated herein, constitute the entire agreement between you and Promodo Inc. regarding the Service and supersede all prior agreements, representations, and understandings on the same subject matter.
19.2 Severability
If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions continue in full effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
19.3 No Waiver
Our failure or delay in exercising any right under these Terms does not constitute a waiver. Any waiver must be express, in writing, and signed by an authorized representative of Promodo Inc.
19.4 Assignment
You may not assign these Terms or any rights hereunder without our prior written consent. Promodo Inc. may freely assign these Terms, including in connection with a merger, acquisition, or asset sale, with 30 days' prior notice. If you object, your sole remedy is to terminate your account.
19.5 Independent Contractors
The parties are independent contractors. These Terms do not create any partnership, joint venture, employment, franchise, or agency relationship.
19.6 No Third-Party Beneficiaries
These Terms are for the sole benefit of you and Promodo Inc. and do not create rights in any third party, except that Promodo's licensors are intended third-party beneficiaries of Section 8.2 and may enforce it directly.
19.7 Export Compliance
You agree to comply with all applicable U.S. and international export control laws and regulations in connection with your use of the Service. You represent that you are not located in a jurisdiction subject to a U.S. government embargo and are not a prohibited or restricted party under applicable export control laws.
19.8 Language
These Terms are written in English. In the event of any conflict between the English version and any translation, the English version shall prevail.
19.9 Headings and Interpretation
Section headings are for convenience only and have no legal effect. "Including" means "including without limitation." These Terms shall not be construed against either party as the drafter.
20. Contact and Company Information
For questions about these Terms, billing, refunds, legal notices, or disputes:
Promodo Inc.
Registered address: Suite 100, 6920 S. Cimarron Rd., Las Vegas, NV 89113, United States
State of incorporation: Nevada, United States
EIN: 47-3564684
Customer support: support@gelios-monitor.ai
Legal notices: legal@gelios-monitor.ai
Website: gelios-monitor.ai
MERCHANT OF RECORD NOTICE: Promodo Inc. (Nevada, USA) is the owner and Merchant of Record for all purchases of GELIOS. All payment transactions are processed by Promodo Inc. through Stripe (a PCI-DSS Level 1 processor). Charges appear on your bank or card statement as "PROMODO*GELIOS". For any billing question or dispute, contact support@gelios-monitor.ai before contacting your bank — we resolve most billing concerns within 1–2 business days.