Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") form a legally binding agreement between you ("User," "you," or "your") and Thayer Systems, LLC ("Thayer Systems," "we," "us," or "our") governing your access to and use of our website, applications, and software tools, including Wingbeat, Talon, and Perch (collectively, the "Services").

By using the Services, you confirm that you have read, understood, and agree to these Terms. If you do not agree, you may not use the Services.

2. Description of Services

Thayer Systems provides marketing analytics and optimization tools designed to help businesses make data-driven decisions.

• Wingbeat monitors brand visibility across AI search engines such as ChatGPT, Claude, Gemini, Perplexity, and Google AI.
• Talon analyzes paid media performance, identifying inefficiencies and improvement opportunities across Google Ads and Meta Ads.
• Perch integrates paid and organic performance data to uncover overlap, improve visibility, and optimize ad spend.

We may modify, suspend, or discontinue any part of the Services at our discretion. Material changes will be communicated as required.

3. User Accounts

3.1 Account Creation

To use the Services, you must create an account and provide accurate, current information. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.

3.2 Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts.

3.3 Security

You agree to notify us immediately of any unauthorized use or suspected breach of your account. Thayer Systems is not liable for losses resulting from unauthorized access if you fail to maintain account security.

4. Subscription and Payment

4.1 Subscription Plans

Pricing and plan details are available at thayersystems.com/pricing. Plans are billed monthly in advance and renew automatically unless canceled.

4.2 Free Trial

A seven-day free trial may be available for new users. If you do not cancel before the trial ends, your selected plan will automatically begin and be billed accordingly.

4.3 Cancellation

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. Payments are non-refundable except as required by law.

4.4 Price Changes

We may adjust pricing with at least 30 days' notice. Continued use of the Services after the effective date indicates your acceptance of the new pricing.

5. Third-Party Integrations

The Services may connect to third-party platforms such as Google Ads, Meta Ads, Google Analytics, and Google Search Console.

By linking these accounts, you authorize Thayer Systems to access relevant data on a read-only basis to provide analysis and reporting. We will never modify your campaigns without your explicit consent. Your use of third-party services remains subject to their respective terms and policies.

6. No Guarantee of Results

Thayer Systems provides analytical and advisory tools to support marketing performance and decision-making. While our products are designed to identify opportunities and improve efficiency, results depend on factors beyond our control, including your business operations, competition, and market conditions.

We do not guarantee or warrant specific outcomes, such as increased revenue, improved rankings, or a particular return on investment. Any performance examples or case studies are provided for illustration only and should not be interpreted as promises of future results.

You remain solely responsible for your business decisions and for any actions taken based on insights from the Services. Thayer Systems is not liable for business outcomes resulting from your use or non-use of the Services.

7. Acceptable Use

You agree to use the Services only for lawful purposes. You may not:

• Violate any applicable laws or regulations
• Access data or accounts without authorization
• Reverse engineer or decompile the software
• Introduce malware or harmful code
• Use automation tools or bots without permission
• Resell, sublicense, or transfer your account
• Interfere with the performance or security of the Services

8. Intellectual Property

8.1 Ownership

All software, content, and materials within the Services are owned or licensed by Thayer Systems and protected by intellectual property laws.

8.2 User Data

You retain ownership of your data. By using the Services, you grant Thayer Systems a limited license to process and analyze your data solely to provide and improve the Services.

8.3 Feedback

We may use any feedback or suggestions you provide without restriction or obligation to compensate you.

9. Disclaimers and Limitation of Liability

9.1 Disclaimer

The Services are provided "as is" and "as available." Thayer Systems makes no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Services will be error-free, uninterrupted, or meet specific performance expectations.

9.2 Data Reliance

Our Services rely on data from third-party sources. We are not responsible for the accuracy, availability, or completeness of third-party data or for changes that affect Service functionality.

9.3 Limitation of Liability

To the fullest extent permitted by law, Thayer Systems and its affiliates shall not be liable for indirect, incidental, or consequential damages, including loss of revenue, profits, data, or goodwill, arising from:

• Use or inability to use the Services
• Unauthorized access to data
• Interruptions or modifications to the Services
• Business or marketing decisions based on Service insights

Our total aggregate liability under these Terms shall not exceed the total amount paid by you in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Thayer Systems, its affiliates, and their officers, directors, and employees from any claims, damages, or expenses (including reasonable legal fees) resulting from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Business outcomes related to your use of our recommendations

11. Termination

You may terminate your account at any time. We may suspend or terminate your access without prior notice if you violate these Terms, fail to make payment, or engage in unlawful activity.

Upon termination, your right to use the Services ends immediately. Data may be retained for up to 90 days before deletion unless required otherwise by law. Sections related to liability, indemnification, and intellectual property survive termination.

12. Dispute Resolution

12.1 Informal Resolution

Before pursuing formal action, both parties agree to attempt to resolve disputes informally by contacting admin@thayersystems.com.

12.2 Arbitration

If unresolved within 60 days, disputes will be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA). Arbitration will take place in Dayton, Ohio, unless both parties agree otherwise.

12.3 Class Action Waiver

All claims must be brought individually. Class, collective, or representative actions are not permitted.

12.4 Governing Law

These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law rules.

13. Modifications

We may update these Terms periodically. Any material changes will be communicated via email or within the Services at least 30 days before they take effect. Continued use after that date indicates acceptance of the revised Terms.

14. General Provisions

• Entire Agreement: These Terms represent the full agreement between you and Thayer Systems.
• Severability: If any provision is deemed invalid, the remainder remains enforceable.
• Waiver: Failure to enforce any provision is not a waiver of that provision.
• Assignment: You may not assign these Terms without our written consent. Thayer Systems may assign them without restriction.
• Force Majeure: We are not liable for delays or failures caused by events outside our reasonable control, including natural disasters, labor disruptions, or network outages.

15. Contact Information

16. Data Privacy and Tracking

Thayer Systems respects user privacy and handles all collected information in accordance with applicable data protection laws. We do not collect or store personally identifiable information ("PII") such as names, home addresses, or payment details outside of what is necessary to operate the Services.

Our platform uses pixels, cookies, and APIs for essential tracking, analytics, and functionality. These tools help us understand product performance, detect issues, and improve user experience. They may capture anonymous usage data such as browser type, referral source, time on site, and engagement metrics. This information is aggregated and used strictly for operational purposes.

We do not sell, rent, or share user data with third parties for marketing purposes. Limited data may be shared with trusted partners only as required to provide functionality (for example, integration with Google Ads or analytics systems).

Thayer Systems is not a HIPAA-compliant service and should not be used to store or process protected health information (PHI). Users are responsible for ensuring that any uploaded or connected data complies with applicable privacy laws and industry requirements.

We take reasonable technical and organizational measures to safeguard all collected data, including encryption, limited access, and secure storage practices.