TERMS OF SERVICE

Last Updated: August 28th, 2025

These Terms of Service ("Terms") govern your access to and use of the services provided by MentionStack LLC ("Company," "we," "us," or "our"), including our Geographic Engine Optimization (GEO) and Algorithm Engine Optimization (AEO) services ("Services"). By engaging our Services, you ("Client," "you," or "your") agree to be bound by these Terms.

1. SERVICES PROVIDED

1.1 Service Description. We provide Geographic Engine Optimization (GEO) and Algorithm Engine Optimization (AEO) services designed to improve your online visibility and search engine performance. Our Services may include but are not limited to: local search optimization, keyword research and optimization, competitor analysis, content optimization, local business listing management, review management, website optimization recommendations, and performance reporting.

1.2 Service Tiers. We offer different service tiers based on scope and deliverables. Specific services included in your package will be outlined in your service agreement or statement of work.

1.3 No Performance Guarantees. We do not guarantee specific rankings, traffic increases, lead generation, or any other performance metrics. Search engine algorithms are constantly changing, and rankings depend on numerous factors beyond our control. Our services represent best-effort optimization based on current industry standards and practices.

2. CLIENT RESPONSIBILITIES AND REQUIREMENTS

2.1 Access Requirements. Client must provide complete and timely access to all necessary accounts, platforms, and systems including but not limited to:

  • Website administrative access
  • Google Analytics and Google Search Console access
  • Google My Business account access
  • Social media account access (as applicable)
  • Any other third-party platforms relevant to the Services

2.2 Cooperation and Communication. Client agrees to:

  • Respond to requests for information, approvals, or access within reasonable timeframes
  • Provide accurate and complete information about their business, target markets, and objectives
  • Participate in required quality assurance processes
  • Maintain open communication channels for project coordination

2.3 Content and Implementation Approval. Client may choose to:

  • Review and approve all content and implementations before they go live, OR
  • Provide blanket authorization for implementation without prior approval Client must specify their preference in writing at the commencement of Services.

2.4 Website Maintenance. Client is responsible for maintaining their website's technical functionality, security, and hosting. Client must promptly address any technical issues, security breaches, or hosting problems that may affect the Services.

3. PAYMENT TERMS

3.1 Billing Structure. Services are provided on a monthly retainer basis. Payment is due upon receipt of invoice with no net payment terms.

3.2 Late Payment. Late payments may result in immediate suspension of Services until payment is received. Client remains responsible for all fees during any suspension period.

3.3 Price Changes. We reserve the right to modify pricing with thirty (30) days written notice. Continued use of Services after notice constitutes acceptance of new pricing.

4. TERM AND TERMINATION

4.1 Service Term. Services continue month-to-month unless otherwise specified in a separate agreement. Either party may terminate Services with thirty (30) days written notice.

4.2 Effect of Termination. Upon termination:

  • Client remains responsible for all fees incurred through the termination date
  • We will cease active work on Client's account
  • Client data will be retained according to our Privacy Policy but never disclosed to third parties
  • All access credentials and materials will be returned or destroyed

4.3 Survival. Provisions regarding payment, intellectual property, limitation of liability, and dispute resolution survive termination.

5. REFUND POLICY

5.1 Limited Refund Eligibility. Refunds may be requested only if we materially fail to deliver agreed-upon monthly deliverables, provided such failure is not due to:

  • Client delays in providing required access, information, or approvals
  • Technical issues with Client's website, hosting, or third-party services
  • Changes to search engine algorithms or policies
  • Client-requested changes to scope or strategy

5.2 Refund Process. Refund requests must be submitted in writing within thirty (30) days of the month in question. Any approved refunds will be processed within thirty (30) days of approval.

6. INTELLECTUAL PROPERTY

6.1 Client-Specific Deliverables. Client owns all content, materials, and deliverables specifically created for Client (such as written content, graphics, and customized strategies), subject to payment of all fees.

6.2 Company Methodologies. We retain ownership of our proprietary methodologies, processes, tools, templates, and general strategies. This includes our approach to GEO/AEO optimization, reporting formats, and analytical frameworks.

6.3 Third-Party Materials. Both parties retain ownership of their respective pre-existing intellectual property. Any third-party materials are subject to their respective license terms.

7. LIMITATION OF LIABILITY AND DISCLAIMERS

7.1 Quality Assurance. Both parties acknowledge that quality assurance is a shared responsibility. We will perform reasonable quality control measures, but Client is responsible for final review and approval of all implementations affecting their business.

7.2 No Liability for External Factors. We are not liable for any damages, losses, or impacts resulting from:

  • Search engine algorithm changes or penalties
  • Technical issues with Client's website, hosting, or third-party services
  • Actions taken by competitors or third parties
  • Changes in market conditions or consumer behavior
  • Client's failure to maintain website functionality or security

7.3 Limitation of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT IN THE THREE (3) MONTHS PRIOR TO THE CLAIM. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, OR LOST BUSINESS OPPORTUNITIES.

7.4 Disclaimer of Warranties. SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. CONFIDENTIALITY AND DATA PROTECTION

8.1 Confidential Information. Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the provision of Services.

8.2 Data Security. We implement reasonable security measures to protect Client data. However, Client acknowledges that no data transmission or storage system is completely secure.

8.3 Data Retention. Client data will be handled according to our Privacy Policy. We do not sell, disclose, or transfer Client data to third parties except as necessary to provide Services or as required by law.

9. CLIENT SELECTION

9.1 Right to Decline Services. We reserve the right to decline or terminate Services for any Client at our sole discretion, with appropriate notice.

10. INDEMNIFICATION

Client agrees to indemnify and hold harmless Company from any claims, damages, losses, or expenses arising from:

  • Client's breach of these Terms
  • Client's use of Services in violation of applicable laws
  • Content or materials provided by Client
  • Third-party claims related to Client's business or industry

11. FORCE MAJEURE

Neither party shall be liable for delays or failures in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, government actions, natural disasters, or technical failures of third-party services.

12. DISPUTE RESOLUTION

12.1 Governing Law. These Terms are governed by the laws of New York State, excluding New York City local ordinances, without regard to conflict of law principles.

12.2 Jurisdiction. Any disputes shall be resolved in the courts of Nassau County, New York, or Suffolk County, New York.

12.3 Informal Resolution. Prior to initiating any formal legal proceedings, parties agree to attempt good faith resolution of disputes through direct negotiation.

13. GENERAL PROVISIONS

13.1 Entire Agreement. These Terms, together with any signed service agreements or statements of work, constitute the entire agreement between the parties.

13.2 Modifications. These Terms may only be modified by written agreement signed by both parties, except for pricing changes as specified herein.

13.3 Severability. If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.4 Assignment. Client may not assign these Terms without our prior written consent. We may assign these Terms in connection with a sale, merger, or transfer of our business.

13.5 Independent Contractors. The parties are independent contractors. These Terms do not create any agency, partnership, or joint venture relationship.

14. CONTACT INFORMATION

For questions about these Terms, please contact us at:

MentionStack LLC
330 Everit Avenue
Hewlett, NY, 11557
Email: d@mentionstack.com
Phone: 516-780-1721

By engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.