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Terms of Service

Last Updated: April 18, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and CXify LLC ("BMarkable," "we," "us," or "our"), the operator of the BMarkable platform located at bmarkable.com (the "Service"). By accessing or using the Service, creating an account, or using it to generate any content, you agree to be bound by these Terms. If you do not agree, do not use the Service.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to that organization.

2. Description of Services

BMarkable is an AI-powered competitive intelligence platform that generates research reports and related content — comprehensive analyses of companies, industries, and competitive landscapes. Content is generated using AI content generation (LLM APIs) based on publicly available information and other sources.

3. Definitions

The following capitalized terms have the meanings set forth below throughout these Terms:

"Analyzed Entity" means any company, brand, product, or organization that is the subject of analysis within BMarkable content, whether as a focus company or a competitor. Analyzed Entities are third parties; they may not be clients of BMarkable and have not reviewed or approved BMarkable's findings regarding them.

"Content" means all reports, analyses, summaries, scores, and other deliverables generated by the Service in response to a User Brief.

"Credit" means a unit of platform currency that is consumed upon the generation of one Report. Credits may be purchased, earned, or issued at BMarkable's discretion.

"Report" means the structured competitive intelligence deliverable generated by the Service in response to a user-submitted brief.

"Pilot Period" means an invite-only phase of the Service during which BMarkable is available on a limited, experimental basis prior to general commercial availability.

"Signal Collection Date" means the date on which publicly available signals were collected by the Service for use in generating a specific Content.

"User Brief" means the inputs, instructions, and parameters you submit to the Service to initiate Report generation.

4. Account Registration and Eligibility

You must be at least 18 years of age to create an account or use the Service. By registering, you represent and warrant that you meet this age requirement and that all information you provide is accurate and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

BMarkable reserves the right to refuse registration, suspend, or terminate accounts at its sole discretion, including during the Pilot Period where access is invite-only.

5. Credits and Billing

Access to Report or Content generation is governed by a Credit system. The following terms apply to all Credits:

Credits are consumed at the rate of one (1) Credit per Report generated, regardless of whether the Report meets your expectations.
Credits are non-refundable once a Report generation process has been initiated.
Credits issued during the Pilot Period expire at the conclusion of the Pilot Period, as defined in Section 21, unless converted to standard credits under terms communicated at the time of transition.
Pilot Period Users may receive one (1) or more complimentary Credit upon signup.
Unused purchased Credits expire twelve (12) months from the date of purchase unless otherwise specified at the time of purchase.
Credits do not transfer to any third party and are forfeited upon account termination.
BMarkable may issue complimentary Credits at its sole discretion, including in circumstances where quality falls below a minimum threshold that BMarkable determines indicates insufficient available public evidence. Complimentary or promotionally earned Credits will expire 3 months from the date of issuance, unless otherwise specified at time of issuance.

All paid Credits are subject to the pricing and payment terms presented at checkout. Payment is processed through Stripe. BMarkable does not store payment card details.

6. Report License and Permitted Uses

Subject to these Terms, BMarkable grants you a limited, non-exclusive, non-transferable license to access and use Reports for lawful internal and client-facing business purposes. Permitted uses include incorporating Report content into pitch decks, presentations, strategic planning documents, internal analyses, and work product deliverables, provided that BMarkable attribution is maintained wherever Content is reproduced.

This license is intentionally broader than many competitive intelligence platforms. Agency and consultancy users are expressly permitted to include Report content in deliverables provided to their clients, provided attribution is maintained and the following restrictions are observed:

Reports may not be resold as standalone commercial products.
Report content may not be used to develop, train, or inform a competing competitive intelligence platform or product.
Reports may not be represented as your own proprietary research without BMarkable attribution.
BMarkable produced Content may be used to train your company's corporate LLM with proper attribution.

7. Analyzed Entity Disclaimer

Reports and Content are derived solely from publicly available information collected as of the Signal Collection Date. BMarkable makes no representation regarding any Analyzed Entity's internal perspectives, non-public strategies, intentions, or operations beyond what has been publicly disclosed.

All findings, verdicts, rankings, scores, and recommendations contained in a Report constitute BMarkable's editorial interpretation of publicly available signals. They are analytical opinions, not factual determinations about the Analyzed Entity.

Analyzed Entities have not reviewed, approved, or participated in the creation of any Report in which they appear. BMarkable is not responsible for any harm to an Analyzed Entity's reputation that may result from your use or distribution of a Report.

You agree not to use Reports to harass, defame, or engage in tortious conduct against any Analyzed Entity, and to use Reports solely for lawful competitive intelligence and business strategy purposes.

8. AI-Generated Content Disclaimer

Reports are generated using large language model APIs. You acknowledge and agree that:

AI-generated content may contain factual errors, omissions, hallucinations, or inaccuracies. BMarkable's review layers reduce but do not eliminate this risk.
AI-generated content is provided "as is" and is not warranted to be free of third-party intellectual property claims.
No AI-generated Report constitutes legal, financial, investment, strategic, or consulting advice. BMarkable is not a licensed advisory firm. You bear sole responsibility for any business decisions made based on BMarkable produced Reports or Content.
The accuracy, completeness, and currency of any AI-generated analysis depends on the quality and availability of public signals as of the Signal Collection Date.

9. Correction Submission Mechanism

Entities believing that specific factual public information cited in a BMarkable Report is inaccurate may submit documented corrections with supporting public sources to legal@bmarkable.com. BMarkable reviews all submissions and may, at its sole discretion, notify relevant account holders of any submitted dispute.

10. Prohibited Uses

You agree not to use the Service for any of the following purposes:

Building, training, or informing a competitive intelligence platform or product that competes with BMarkable.
Reselling Reports as standalone commercial products without express written permission from BMarkable.
Representing Reports as your own proprietary research without BMarkable attribution.
Submitting false, misleading, or fabricated information in a User Brief.
Attempting to reverse-engineer BMarkable's methodology, scoring systems, or proprietary technology.
Using the Service in violation of any applicable law or regulation.
Using the Service to harass, defame, or engage in tortious conduct against any Analyzed Entity or individual.
Interfering with or disrupting the integrity or performance of the Service.

12. Intellectual Property

BMarkable retains all right, title, and interest in and to the Service, including its methodology, scoring systems, pipeline architecture, report templates, editorial frameworks, and all related intellectual property. Nothing in these Terms conveys any ownership interest in the Service or BMarkable's proprietary technology.

You retain ownership of your User Brief inputs. By submitting a User Brief, you grant BMarkable a limited, non-exclusive license to process that input for the sole purpose of generating your Report or Content and operating the Service.

13. User Content

Your User Briefs constitute "User Content." You represent and warrant that your User Briefs do not infringe any third-party intellectual property rights, do not contain false or misleading information, and do not violate any applicable law. BMarkable is not responsible for the accuracy of information you provide in a User Brief and is not liable for Report outputs informed by inaccurate or misleading brief inputs.

BMarkable does not use your User Briefs or generated Report content to train any AI model operated by BMarkable, or any third party.

14. Privacy Policy

Your use of the Service is also governed by BMarkable's Privacy Policy, available at bmarkable.com/privacy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in the Privacy Policy.

15. Third-Party Services

The Service relies on third-party providers for infrastructure, AI content generation, signal collection, and payment processing. These relationships are governed by each provider's applicable data processing terms. Under LLM API usage policies, content submitted via API is not used to train LLM models.

16. Disclaimers

THE SERVICE AND ALL REPORTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BMARKABLE DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BMARKABLE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT REPORTS WILL BE ACCURATE, COMPLETE, OR CURRENT. NO ADVICE OR INFORMATION OBTAINED FROM BMARKABLE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BMARKABLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY REPORT, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF BMARKABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BMARKABLE'S TOTAL CUMULATIVE 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 PAID BY YOU TO BMARKABLE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

18. Indemnification

You agree to indemnify, defend, and hold harmless BMarkable, CXify LLC, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of the Service in violation of these Terms; (b) your User Briefs; (c) your distribution or use of any Report in violation of these Terms; or (d) your violation of any applicable law or third-party right.

19. Termination

BMarkable may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, including for violation of these Terms. You may terminate your account at any time by contacting hello@bmarkable.com. Upon termination, your right to access the Service ceases immediately. Unused Credits are forfeited upon termination. Sections 7, 8, 9, 12, 16, 17, 18, and 20 survive termination.

20. Dispute Resolution and Arbitration

20.1 Informal Resolution

Before initiating formal dispute proceedings, you agree to contact BMarkable at legal@bmarkable.com and provide a written description of the dispute. The parties will attempt to resolve the dispute informally for a period of sixty (60) days.

20.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding.

20.3 Class Action Waiver

YOU AND BMARKABLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

20.4 Governing Law; Injunctive Relief

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Notwithstanding the arbitration provision, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

21. Pilot Period Addendum

BMarkable is currently operating in an invite-only Pilot Period. The following additional terms apply to all users during this period:

The Service is experimental and provided on a best-efforts basis. Features, pricing, report quality, and availability may change at any time without notice.
Pilot features, Credit allocations, and pricing do not constitute commitments to future availability, feature parity, or pricing at general commercial availability.
These Pilot terms will be superseded by updated commercial terms at general availability. Continued use of the Service following publication of commercial terms constitutes acceptance of those terms.
Pilot users agree that the Service is in an early stage and that providing feedback, completing research flows, or otherwise participating in the Pilot Period is a condition of access.
BMarkable makes no guarantee of data retention, report availability, or service continuity during the Pilot Period.
Credits issued during the Pilot Period expire at the conclusion of the Pilot Period unless otherwise communicated at the time of transition to general availability.

22. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy and any additional terms presented at checkout or in the platform, constitute the entire agreement between you and BMarkable regarding the Service.

Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force.

Waiver. BMarkable's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer your rights under these Terms without BMarkable's prior written consent. BMarkable may assign these Terms in connection with a merger, acquisition, or sale of assets.

Changes to Terms. BMarkable may update these Terms at any time by posting a revised version at bmarkable.com/terms. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms. For material changes, BMarkable will provide notice via email or in-platform notification where practicable.

23. Contact Information

Email: legal@bmarkable.com

General inquiries: info@bmarkable.com

Website: bmarkable.com

Operating entity: CXify LLC