Asky - Terms of Service

Welcome to Asky. These Terms of Service (the "Terms") set out the agreement between your business ("you", "your" or the "Customer") and Asky Labs AB ("Asky", "we", "our" or "us") when you use the Asky platform and related services (the "Service").

Asky Labs AB is a company incorporated in Sweden, with Org Nr. 559581-5852.

These Terms should be read together with the commercial terms summarized in the payment plan that you accept (the "Subscription Plan"), our Data Processing Agreement (the "DPA") and the privacy notice available on our website (the "Privacy Notice" and together with these Terms, the Subscription Plan and the DPA, together the "Agreement"). By selecting a Subscription Plan, clicking to accept a Subscription Plan, or using the Service, you agree to these Terms. If you do not agree, you must not use the Service.

References in these Terms to your Subscription Plan, include your Subscription Plan as updated by you from time to time when using the Service (by your acceptance), including, for the avoidance of doubt, by selecting an upgrade to the relevant payment plan and/or by agreeing to purchase additional tokens.

1. Who these Terms are for

1.1 Business customers only

Asky is for businesses, organisations and other legal entities, and only for your own internal business use. It is not for consumers acting in a personal capacity. By using the Service you confirm that you are acting for a business and that you have authority to enter into these Terms on its behalf.

1.2 The agreement between us

These Terms are a legally binding agreement between you and Asky. They come into effect when you first accept them or start using the Service, and continue for the term set out in your Subscription Plan.

1.3 The documents that make up our agreement

Our Agreement is made up of the following documents. If they conflict, this is the order that applies: (i) the Subscription Plan; (ii) these Terms; (iii) the DPA (which always prevails on questions of data protection); and (iv) the Privacy Notice. We do not accept your purchasing terms or other general terms and conditions, and they do not form part of our Agreement unless we have expressly agreed to them in writing.

2. What Asky does

2.1 The Service

Asky is a software-as-a-service platform that helps solo operators, growth and mature businesses and their marketing teams monitor and improve their brand's visibility in AI-powered search and large language models ("LLMs").

What Asky does:

tracks how often, and in what context, your brand is mentioned in LLM responses to user queries;
analyses sentiment, competitor rankings and the sources cited in AI-generated responses;
provides content and technical recommendations to improve your AI search visibility;
accepts proprietary / in-house data uploads to analyse and suggest concrete proposals for improving your AI search visibility; and
generates content drafts and insights based on your monitoring data.

What Asky does not do:

guarantee any particular visibility, ranking or outcome in AI-generated responses;
directly influence or manipulate the algorithms or responses of any AI platform;
provide legal, financial or other professional advice; or
guarantee the accuracy or effectiveness of any prompt, recommendation or output.

The exact features available to you depend on your subscription plan, as described in the Service and your Subscription Plan.

2.2 Changes to the Service

We may make reasonable changes to the Service (for example, to improve performance, add features, or comply with applicable law), provided we do not remove its core features. We will give you reasonable notice of any material change. We may make changes immediately where needed for security, legal compliance, or in response to changes by a third-party platform.

2.3 Beta features

We may make experimental or preview features available from time to time (for example, features labelled beta, labs, experimental or preview). Beta features are provided as-is for evaluation, may be subject to additional usage limits, may change materially, and may be suspended or withdrawn at any time without notice. Beta features do not count as core features for the purposes of Section 2.2.

2.4 Third-party platforms

The Service depends on third-party providers (including AI platforms) and data sources whose availability and performance are outside of our control. We may, acting reasonably, change or replace the AI platforms and other third-party services we use. If a third-party provider stops offering a material component, materially changes its terms, or materially restricts access, we will inform you and try to find a suitable alternative. We are not responsible for interruptions caused by third-party failures.

2.5 No guaranteed results

Unless we agree otherwise in writing, we do not guarantee any specific output or result. Quality and accuracy depend on the quality of your inputs and on factors outside our control, including third-party AI algorithms, your own website content, and your brand reputation. Asky is a monitoring, analytics and insights platform, not a results-based or performance-marketing service.

2.6 Availability and support

We aim to keep the Service reasonably available but do not guarantee uninterrupted or error-free operation. Scheduled maintenance, events outside our reasonable control, and interruptions caused by you or by third parties we are not responsible for do not count as downtime.

We will give you reasonable notice of maintenance that we expect to affect your use of the Service, and will use commercially reasonable efforts to resolve material issues promptly.

3. Using Asky responsibly

3.1 Your responsibilities

You agree to use the Service only for lawful business purposes and in line with these Terms. You must keep your login credentials secure and prevent unauthorised access. You are responsible for the content and data you put into the Service (the "Customer Uploaded Data").

You hereby confirm that:

the Customer Uploaded Data will not, without the prior written agreement of Asky, include any "special-category" data;
you have all rights, licences and permissions needed to share the Customer Uploaded Data with Asky; and
your sharing of the Customer Uploaded Data with Asky does not breach any law, third-party right, or these Terms.

3.2 Things you must not do

You must not:

reverse-engineer, decompile or otherwise misuse the Service;
use the Service to build or offer a competing product;
use the Service in a way that breaches the terms of use of any third-party AI platform accessed through it, or to circumvent any such platform's technical or contractual restrictions;
exceed any usage or rate limits we set, or use automated means to access the Service except as we expressly allow;
attempt to gain unauthorised access to, or interfere with the security of, the Service; or
use the Service for any unlawful purpose.

If you break these rules, we may suspend or restrict your access (after reasonable notice where feasible) and/or terminate the Agreement for cause under Section 11.

4. Intellectual property and your content

4.1 Our intellectual property

All intellectual property rights in the Service (including the software, algorithms, models and documentation) belong to Asky and stay with us. We grant you a limited, non-exclusive, non-transferable right to use the Service for your internal business operations during the term of the Agreement, in line with these Terms.

4.2 Your data

You keep all rights in the data, content and materials you upload or provide, including Customer Uploaded Data (together, "Customer Data"). You grant us a licence to process Customer Data only as far as needed to provide the Service and meet our obligations to you. In particular:

we will not use Customer Data to train, fine-tune or improve any machine-learning or AI model;
we will not, without your consent, use or share Customer Data for any purpose beyond delivering the Service; and
on termination, and at your request, we will delete or return Customer Data, except where we must keep it by law.

We may create and use aggregated or de-identified data derived from the use of the Service that does not identify you, your brand or any individual, in order to operate, analyse, improve and benchmark the Service. Such aggregated or de-identified data is not Customer Data.

4.3 Reviewing AI-generated content

The Service uses third-party AI to generate monitoring results, analytics, insights and content drafts. These outputs may contain errors, inaccuracies or omissions, and may differ for the same query at different times. Nothing is published or acted on automatically: you are responsible for reviewing, verifying and approving any AI-generated content before you rely on it or publish it.

4.4 Who owns the outputs

As between you and us, you own the monitoring results, analytics, insights and content drafts generated for you through the Service (the "Outputs"). To the extent any rights in the Outputs would otherwise vest in us, we assign them to you, or grant you a perpetual, worldwide, royalty-free licence to use them for your business purposes. Your rights in the Outputs are subject to (a) our retained rights in the Service under Section 4.1, and (b) the terms of the third-party AI providers used to generate them. We do not warrant that any Output is original or does not infringe third-party rights, and your review obligation in Section 4.3 continues to apply.

4.5 Feedback

If you give us feedback, suggestions or ideas about the Service ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, royalty-free licence to use and commercialise that feedback without compensation or attribution. Feedback does not include your Customer Data or confidential information.

5. Fees and payment

5.1 Fees

You will pay the fees set out in your Subscription Plan. All fees are exclusive of VAT or other applicable sales taxes, which we will add where required by law.

5.2 Invoicing and payment

We invoice in line with your billing cycle. Payment is due within 14 days of the invoice date unless your Subscription Plan says otherwise. If you pay late, we may charge statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 (interest at 8% above the Bank of England base rate, plus the fixed-sum compensation and reasonable recovery costs that Act allows). After giving you a reminder and a reasonable period to pay, we may suspend the Service until overdue amounts are paid.

5.3 No set-off

You must pay all amounts due in full, without any set-off, deduction, withholding or counterclaim, except as required by law.

5.4 Free trial

We may offer the Service free of charge on a trial basis for a limited period that we decide (a "Trial Period"). During a Trial Period the Service is provided only so you can evaluate it, and may have limited features or usage. We may suspend or end a Trial Period at any time, with or without notice. After the Trial Period, continued use is subject to the applicable plan and fees.

For the avoidance of doubt, these Terms will apply to any use of the Service during a Trial Period.

6. Data protection and security

6.1 Our roles

We process personal data in line with the GDPR and other applicable data-protection laws. For your account data we are the data controller. For personal data you process through the Service (for example, in competitor tracking) you are the controller and we are your processor.

Our DPA governs all processing we carry out as your processor; it is incorporated into these Terms by reference and applies automatically; you do not need to request it separately. The current version is available here.

6.2 What we do with your data

In short:

we collect, store and use the Customer Data and account information needed to run and improve the Service;
to generate monitoring results, analyses and content, we transmit relevant Customer Data to third-party AI providers, but only to deliver the Service to you;
where we engage AI providers via API to process Customer Data, we only do so under terms or service tiers where Customer Data sent to them is not used to train, fine-tune or improve their models, and we pass equivalent restrictions on to our subprocessors;
as an inherent function of the Service, the monitoring queries you configure are submitted to publicly available AI search engines in order to measure your visibility in those engines; those engines process such queries under their own terms (see Section 7);
we do not use Customer Data to train or develop our own proprietary AI models; and
we protect your data with industry-standard technical and organisational measures, including encryption in transit and at rest, access controls, and database-level security policies.

No system is completely secure, and you acknowledge that using the Service carries inherent security risk.

6.3 Subprocessors and international transfers

We use subprocessors (including third-party AI providers) to help deliver the Service. For more information on our use of subprocessors, see section 6 (Subprocessors) of our DPA and our Subprocessor List.

Where we transfer personal data outside the EEA, we put an appropriate transfer mechanism in place under Chapter V of the GDPR (such as the EU Standard Contractual Clauses or an adequacy decision); for transfers subject to UK data-protection law we use the UK International Data Transfer Agreement or Addendum.

6.4 How long we keep your data

We keep Customer Data while your account is active. After termination we keep it for 30 days so you can export it, after which we permanently delete it, except where the law requires us to keep it (for example, billing records for 7 years under the Swedish Bookkeeping Act). Backup copies may persist for up to 90 days and are not restored into live use after deletion.

6.5 Privacy Notice

Our Privacy Notice explains in full how we collect, use and protect personal data, including data categories, legal bases, data-subject rights, international transfers, subprocessors and cookies.

7. How Asky uses AI

The Service relies on third-party AI and machine-learning technologies for its core features, including AI search monitoring, visibility analytics, and content and insight generation. Please note that AI-generated outputs (including any monitoring results, analytics, insights and content drafts provided to the Customer in connection with the Service) may contain errors or omissions and may vary over time; all outputs are presented to you for review before any action is taken, and you are responsible for checking their accuracy and suitability before relying on them.

As set out in Section 6.2, we:

only engage AI providers via API under terms where Customer Data is not used to train their models;
submit the monitoring queries you configure to publicly available AI search engines as an inherent function of the Service, in order to measure your visibility in those engines;
do collect, store and use the Customer Data and account information needed to run and improve the Service; and
do not use Customer Data to train or develop our own proprietary AI models.

8. Data portability and the EU Data Act

Where the EU Data Act (Regulation (EU) 2023/2854) applies to the Service, you may switch to another provider or to an in-house solution on no more than two (2) months' written notice. We will, without undue delay and in a commonly used, machine-readable format, give you access to all exportable data (including relevant metadata) and reasonable help to switch. We may charge reduced, cost-based fees for switching assistance until 12 January 2027; after that date we will not charge switching fees, and may charge only for genuinely additional services you request that go beyond our Data Act obligations, on terms agreed in advance. Before you contract with us, we will give you clear information about our standard fees, any early-termination charges, and any reduced switching fees that may apply during the transition period. Any term inconsistent with your mandatory Data Act rights is replaced by those rights.

9. Warranties and disclaimers

9.1 Our limited warranty. We warrant that we will provide the Service with reasonable care and skill.

9.2 "As is". Except for the warranty in 9.1 and anything else expressly stated in these Terms, and to the fullest extent permitted by law, the Service and all Outputs are provided "as is" and "as available", and we make no representations, warranties, conditions or other terms of any kind, express or implied. In particular, we do not warrant that: (a) the Service will be uninterrupted, secure, timely or error-free, or that defects will be corrected; (b) the Service, or the servers or networks through which it is provided, are free of viruses or other harmful components; (c) the Service is, or any Outputs are accurate, complete, reliable, current or fit for any purpose; (d) the Service or any Output will meet your requirements or achieve any particular result, ranking, visibility or commercial outcome; or (e) the Service or any Output is original or does not infringe third-party rights.

9.3 Excluded implied terms. To the fullest extent permitted by law, we exclude all terms, warranties and conditions implied by statute, common law or otherwise, including as to satisfactory quality, fitness for a particular purpose and conformity with description, except the implied term as to reasonable care and skill, which is given effect through 9.1.

9.4 Your responsibility and assumption of risk. You acknowledge that the Service depends on third-party AI platforms and data sources outside our control; that AI systems are probabilistic and may produce inaccurate, incomplete or varying results for the same query; and that you are responsible for evaluating and verifying all Outputs before relying on or publishing them. You assume the risk of any reliance on the Service or any Output.

9.5 Third parties; no advice. We are not responsible for the availability, performance, accuracy or continued operation of third-party AI platforms or other external services, or for changes they make. The Service provides informational insights and analytics only and is not legal, marketing, financial or other professional advice.

9.6 Non-excludable liability. Nothing in this Section excludes or limits anything that cannot be excluded or limited under applicable law (see Section 10.1).

10. Limitation of liability

10.1 Liability we never exclude

Nothing in these Terms limits or excludes either party's liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or anything else that cannot be limited or excluded under applicable law.

10.2 Losses we are not liable for

Subject to Section 10.1, neither party is liable to the other for any indirect or consequential loss, or for any loss of profit, revenue, business, anticipated savings, goodwill, or loss or corruption of data, in each case whether direct or indirect, however arising.

10.3 Cap on liability

Subject to Section 10.1, each party's total aggregate liability arising out of or in connection with the Service and these Terms (whether in contract, tort including negligence, or otherwise) will not exceed the fees you paid to Asky in the 12 months before the event giving rise to the claim. This cap does not apply to your obligation to pay fees that are due, or to your indemnity under Section 10.5.

10.4 People and companies this section protects

The exclusions and limits in this Section 10 also apply, on the same terms, to the benefit of Asky's group companies, officers, directors, employees, agents, contractors and subprocessors, who may rely on them (see the third-party rights provision in Section 15).

10.5 Your indemnity to us

You will indemnify us against third-party claims arising from your unlawful use of the Service or your breach of these Terms or of any third-party platform's terms, to the extent you are responsible for the claim.

11. Term and termination

11.1 Term

The Agreement starts when you accept these Terms or begin using the Service and runs for the term in your Subscription Plan, or, if none is stated, for an indefinite period, unless and until it is terminated in accordance with the Agreement.

11.2 Ending the Agreement

Either party may end a monthly subscription at the end of the current billing cycle, or a fixed-term subscription on 30 days' notice ending at the end of the current term. In line with the EU Data Act, no contractual notice period will exceed two (2) months. If neither party gives notice of non-renewal, the Agreement renews as set out in the Subscription Plan. Notice must be given at least in writing (for example, by email).

11.3 Ending for cause

Either party may terminate the Agreement immediately if the other materially breaches it and fails to put the breach right within 14 days of written notice (termination "for cause"). For Asky, cause includes, without limitation, your misuse of the Service, persistent non-payment, or your insolvency. If we end the Agreement for cause, we may suspend your access immediately.

11.4 What happens on termination

On termination we will deactivate your account and stop providing the Service. You may exercise your export and switching rights (Section 8) within 30 days, after which Customer Data is deleted under Section 6.4. We will refund prepaid fees for periods after termination on a pro-rata basis only if you terminate for our material breach; otherwise early termination of a fixed term is not refundable. Sections that by their nature should continue (including confidentiality, liability, indemnities, intellectual property, and governing law and disputes) survive termination.

11.5 Using each other's name

We would like to name you as a customer. We may use your name and logo in our customer lists, website, presentations and other marketing materials, in a factual and appropriate way, unless you tell us in writing that you would prefer us not to, in which case we will stop. We will not disclose your confidential information when doing this. This right survives termination unless you object.

12. Confidentiality

Each party (the "Receiving Party") will keep confidential all non-public information of the other (the "Disclosing Party") that is marked or reasonably understood to be confidential, use it only to perform or exercise its rights under these Terms, and protect it with at least reasonable care. This does not apply to information that is or becomes public without breach, was lawfully known before disclosure, is independently developed, or is lawfully received from a third party without restriction. A party may disclose the other's confidential information where required by law or court order, giving prior notice where lawful. These obligations survive termination for three years, and indefinitely for trade secrets. Customer Data is your confidential information and is also governed by Sections 4.2 and 6.

13. Governing law and disputes

13.1 Governing Law. The Agreement (including these Terms), and any dispute or claim (including non-contractual disputes) arising out of or in connection with them or their subject matter, are governed by the law of England and Wales, excluding its conflict-of-law rules.

13.2 Jurisdiction. The courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement, these Terms or the Service, except that Asky may bring proceedings to recover undisputed fees due under the Agreement in any court of competent jurisdiction, including the courts of the country where you are established. Either party may also apply to any court of competent jurisdiction for interim or injunctive relief.

14. Changes to these Terms

We may update these Terms from time to time. For existing agreements, we will tell you in writing (for example, by email) at least 30 days before a change takes effect. For changes that are not material, the change is treated as accepted if you do not object in writing within that period, and we will say so clearly in our notice. If you object to a change, either party may end the Agreement before the change takes effect.

15. General

15.1 Entire agreement and non-reliance. These Terms and the documents in Section 1.3 are the entire agreement between us about the Service and replace any earlier discussions. Each party agrees that it has not relied on any statement or representation not set out in the Agreement. Nothing limits liability for fraud or fraudulent misrepresentation.

15.2 Assignment. You may not assign or transfer the Agreement without our written consent. We may assign or transfer it to a group company, or in connection with a merger, reorganisation, or sale of all or substantially all of our business, on notice to you.

15.3 Third-party rights. Except for the people and companies protected by Section 10.4 (who may enforce that section), a person who is not a party to the Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

15.4 Events outside our control. Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, government action, labour disputes, infrastructure or third-party service failures, pandemics, or cyber-attacks not caused by its own negligence. If such an event continues for more than 60 days, either party may end the affected part of the Agreement on written notice.

15.5 Severability. If any provision is found invalid or unenforceable, it will be treated as deleted or modified to the minimum extent needed, and the rest of the Terms will continue in force.

15.6 No waiver. If we do not enforce a right, that is not a waiver of it.

15.7 No partnership or agency. Nothing in these Terms creates a partnership, joint venture, or agency between the parties.

15.8 Notices. Notices must be in writing and sent to the contact addresses on the Subscription Plan or, for Asky, to hello@askylabs.com. Email notices are treated as received on the next business day.

15.9 Language. The English-language version of these Terms is the binding version; any translation is for convenience only.

16. Contact

Asky Labs AB, Katarina Västra Kyrkogata 6A, 116 25 Stockholm, Sweden, provides the Service. For any questions about these Terms, contact us at hello@askylabs.com. Our Privacy Notice is available here.

By using the Service, you confirm that you have read, understood and agree to these Terms.