Terms of service

These terms are written in plain English on purpose. Please read the key terms first. They are a summary of the parts that matter most, and the full terms follow.

1. Who these terms are between

1.1 These terms are an agreement between Ascend Group Media, trading as Suggestible (suggestible.ai), of 7 Main Road, Heathfield, Cape Town, 7945, South Africa ("we", "us", "our"), and the person or company that opens a Suggestible account ("you", "your").

1.2 The person who accepts these terms confirms that they are at least 18 and are allowed to bind the person or company named on the account.

1.3 Suggestible is sold for business use. Our plans for individuals are for a person or company running their own brand, for business purposes. If you are an individual, you confirm you are acting for your trade, business or profession.

1.4 If consumer law protects you. Some laws protect small businesses or sole traders as if they were consumers (for example South Africa's Consumer Protection Act and Electronic Communications and Transactions Act). Clause 31 sets out the specific rules that apply to you if so. Nothing in these terms removes a right that such a law gives you and that cannot be removed by contract.

1.5 What makes up the agreement. The agreement is made up of: any order form we both sign; the data processing addendum ("DPA"); these terms; the acceptable use policy; and the allowances and price of your plan shown on our pricing page when you subscribed. Nothing else on our website or in our marketing forms part of the agreement. If these documents conflict, they apply in that order, except that the DPA always wins on personal information. Our privacy policy explains how we handle personal information but is not part of the contract.

2. Definitions

In these terms:

• "Service" means Suggestible: the app at app.suggestible.ai, its API, its MCP connection, its reports and exports, and Support.
• "Documentation" means our help pages and the descriptions inside the app of how each feature works.
• "Outputs" means anything the Service produces for you: AI answers we collect, scores, rankings, insights, alerts, audits, site checks, fix guides, code examples, suggestions, prompt ideas, pitches, reports, PDF summaries and article drafts.
• "Your Content" means everything you or your Users put into or connect to the Service: prompts, brand, rival and Client names, website addresses, logos, documents, Google data and any other material.
• "Third-Party Services" means services we do not own or run, including AI assistants and their models (such as ChatGPT, Google AI Overviews, Google AI Mode, Gemini, Perplexity, Grok, Claude and others), OpenRouter, DataForSEO, Ahrefs, Google (including Analytics and Search Console), Stripe, hosting, database, email, security and network providers, and your own hosting, content system and platform providers.
• "Users" means the people you allow to use your account: owners, admins, team members and, for agencies, client viewers.
• "Client" means a business whose brand an agency tracks in the Service.
• "Support" means help from our staff by email, in the app or on a call.

3. What Suggestible is, and is not

3.1 Suggestible is a measurement and suggestion tool. It asks AI assistants the questions you choose ("prompts"), in the places you choose, on a shared schedule, records what they said at that time, and shows how often and how they name your brand or your Clients' brands, which rivals they name and which websites they link to. It can also check pages, suggest changes and prompts, give fix guides, draft articles, and read data you connect from Google.

3.2 Suggestible shows what third parties returned at the time of the check. It does not control, and cannot control, what any AI assistant, search engine or platform says, ranks, cites or recommends.

3.4 AI answers vary between runs, times, places, devices, accounts and models. Two checks of the same prompt can give different answers. Figures in Suggestible are samples and estimates, not exact counts of what every user of an AI assistant sees.

3.5 Support. Support helps you use the Service. Any view Support gives on your site or strategy is general guidance under clauses 4 and 5, not professional services. Consulting, content or implementation work by Ascend Group Media is provided only under a separate signed agreement.

4. AI output and accuracy

4.1 Outputs are produced partly by AI models and automated data from Third-Party Services. They can be incomplete, out of date, inconsistent or wrong, and they may repeat errors made by AI assistants or data providers.

4.2 Outputs, including audits and fix guides, are general guidance produced automatically. They do not take account of your site's full setup and are not a substitute for a review by your own developer or adviser. They are not legal, financial, tax, medical or security advice.

4.3 Article drafts and other generated text may resemble text that exists elsewhere, may contain errors of fact, and may not be unique to you. We do not promise that any Output is original, accurate, free of third-party rights, or suitable for publication.

5. You decide, and you check

5.1 You must review every Output before you rely on it, act on it, or publish anything based on it.

5.2 You alone decide what to change on your (or your Client's) website and what to publish. You are solely responsible for:

• (a) every change made to your sites, content, listings and accounts, whether made by you, your staff, your contractors or your Clients, including changes made because of our suggestions;
• (b) everything you publish or send, including content based on our article drafts: its facts, claims, originality, copyright, trade marks, consumer and advertising law, and any industry rules that apply to you;
• (c) any promise you make to anyone, including your Clients, about results.

5.3 If you are unsure whether a change is right for your site or business, take your own professional advice first.

5.4 Article drafts are a starting point. Publishing them unedited, at scale, or in regulated fields (such as health, legal or financial topics) without expert review may break search engine and platform rules. Doing so is your choice and your responsibility.

6. Best practice changes

6.1 We aim for our guidance, scores, audits and suggestions to reflect what we reasonably believe is generally accepted good practice for search and AI visibility, including published guidance from search engines and AI platforms where it exists. This is an aim, not a promise.

6.2 Search engines, AI platforms, regulators and industry bodies change their rules, ranking and citation methods, models, policies and guidance often and usually without notice. Practice that was accepted when we gave guidance may later be discouraged or penalised.

6.3 Our checks are updated from time to time. There can be a delay between a change in a platform's published guidance and our update, and during that delay Outputs may reflect the earlier practice. You should check current platform guidance before making significant changes.

7. Third-Party Services we do not control

7.1 The Service depends on Third-Party Services. We do not control them, and we are not responsible for their availability, accuracy, answers, prices, terms, policies, security or changes, or for anything they do or fail to do.

7.2 A Third-Party Service may change, limit, price differently, rate limit, suspend or withdraw what it provides at any time. When that happens, a feature, assistant, data source or place that depends on it may change, give different results, be delayed, or stop. We will tell you in the app where we reasonably can and will use reasonable efforts to offer an alternative.

7.3 An add-on assistant that stops. If an assistant you pay for as an add-on stops being available to us for more than 14 days in a row, you may remove the add-on and choose either a refund or a credit of the unused part of its fee. That is your only remedy for the loss of that assistant.

7.4 An included assistant that stops. If an assistant included in your plan stops being available to us for more than 30 days in a row and we have not offered a comparable replacement, you may cancel and we will refund prepaid fees for the rest of the period.

7.5 Clauses 7.3 and 7.4 are the only rules for assistants that become unavailable. Clause 25 does not apply to them.

7.6 When you connect a Third-Party Service (for example Google), your use of it is also governed by that provider's own terms, and you must follow them.

8. Your websites, accounts and systems

8.1 You are responsible for your own and your Clients' websites and systems, including content management systems, hosting, servers, plugins and themes, domains and DNS, content delivery and firewall settings, analytics, Google Search Console, Google Business Profile, advertising, social media and other platform accounts, and the people who have access to them.

8.2 You are responsible for their security, passwords and access, for keeping them working, and for making and testing backups before any change.

8.3 The Service does not have access to change your website. It reads public web pages and the data you choose to connect. If you install one of our code snippets, connect a log feed (for example a Cloudflare or Vercel log drain) or use our API or MCP connection, you choose to do so, you are responsible for installing it correctly and for its effect on your site, and you can remove it at any time.

8.5 Fix guides and code examples. Fix guides, code examples and copy-and-paste blocks (for example robots.txt lines or structured data) are general examples. They are not written for your site's setup, theme, plugins or hosting. Before you make a live change, you must have a competent person check them, test them on a staging copy, and take a backup. Losses from applying them fall under clauses 8.4 and 20.3(d). If you send a fix guide to someone else, such as your developer, they rely on it at your risk, and you are responsible for passing on this clause.

8.6 Checks of websites. By adding a site, you authorise us to fetch its public pages for checks and audits. We fetch at a moderate rate. Our fetches name Suggestible, except a few light requests that use the names of AI crawlers, to test whether those crawlers can reach your pages. You are responsible for your firewall, bot and rate-limit settings, and we are not liable for hosting costs, blocks or slow pages caused by checks. If you add a site you do not control (for example a rival's or a prospect's), you must do so within the acceptable use policy, and clause 21.1(a) applies to any complaint from its owner.

9. Your account and your Users

9.1 Give accurate details and keep them up to date.

9.2 Every User must be a named person, sign in with their own password and two-factor authentication (or a passkey where offered), and keep their sign-in details private. One sign-in is for one person.

9.3 You are responsible for your Users and for everything done under their sign-ins, API keys and site keys, until you tell us that one has been compromised. Tell us at once at info@ascendgroupmedia.com if you think your account has been misused, and remove or revoke access you no longer need.

9.4 Invited team members agree, when they first sign in, to follow this clause 9 and the acceptable use policy. They do not become a party to this agreement, and you remain responsible for them (clause 9.3). Client viewers accept the viewer terms in Schedule A.

10. Agencies and their Clients

10.1 If you are an agency, you are responsible for your Clients, including:

• (a) having each Client's permission to track its brand, to connect its Google or other data, to install any snippet or log feed on its site, and to invite its people as client viewers;
• (b) the advice, content and work you give your Clients, whether or not it uses Outputs;
• (c) any promise you make to a Client about results, prices or service levels.

10.2 Our contract is with you, not your Clients. Your Clients have no rights against us under these terms, and you will not tell them otherwise or promise them anything on our behalf.

10.3 You may show Outputs and reports to your Clients under your own brand as these terms and your plan allow. Your logo is shown beside the Suggestible name once your first invoice is paid and we have approved your brand. You must have the right to use the name and logo you upload, and they must not imitate another business. We may remove a name or logo that breaks this clause.

10.4 Tracking prospects for a pitch is allowed, as long as you only use public information and follow the acceptable use policy.

10.5 Your contracts with your Clients. Your own contract with each Client must contain wording at least as protective of us as clauses 3 to 6 and 20.3 of these terms (no guarantee of results, Outputs can be wrong, the Client decides and checks, best practice changes, and no liability for rankings, penalties or changes to its site). If you do not include it, that is a breach of these terms, and clause 21.1(d) applies.

10.6 The notice on Outputs. Reports, PDFs, pitches, article downloads and fix-guide emails carry the standard notice in Schedule B. You must not remove it or hide it when you pass an Output on.

11. Free trials and early access features

11.1 A new account may have one free trial of 14 days, with no card needed to start, within the trial allowances shown at sign-up. When the trial ends without a paid plan, tracking pauses. We keep a paused trial's history for 90 days and then may delete it.

11.2 Choosing a plan during your trial. If you choose a plan and add a card during your trial, the trial continues and your first payment is taken automatically on the day it ends, unless you cancel before then. We or our payment provider will remind you by email before that first payment (at least 7 days before, for a trial longer than 7 days). Choosing to start now ends the trial and charges you at once.

11.3 Features we label as preview or early access (or similar), and the free trial itself, are provided "as is", may change or end at any time, carry no service level, and (to the extent the law allows) our total liability for them is limited to US$100.

12. Availability, support and failed runs

12.1 We aim to keep the Service available and will use reasonable efforts to fix faults promptly. There is no uptime or response-time commitment unless one is set out in an order form we have both signed.

12.2 Planned maintenance, urgent security work, and failures of Third-Party Services may interrupt or delay the Service.

12.3 Scheduled runs share a calendar. A run may be delayed or retried, or an answer may be missing, because an AI assistant or data provider did not answer.

12.4 A paid action that fails. If a scheduled run, site check, report or other paid action fails because of a fault in the Service, we will first re-run it or credit the allowance it used. If we cannot fix the fault within 14 days of you telling us about it, or the same failure happens in two billing periods in a row, you may cancel and we will refund the prepaid fees for the affected period.

13. Plans, fees and billing

13.1 Each plan has the allowances shown on the pricing page when you subscribe (for example prompts, places, sites or markets, Clients, Run now requests, insights, suggestion lookups, site checks and reports, and, during a trial, trial seats). A prompt is one question in one place.

13.2 To protect the Service and keep costs fair, we apply safety limits to AI calls. If an account reaches them, some actions may pause until the next period. We will tell you in the app.

13.3 Prices are in US dollars and exclude tax. We add tax where the law requires it. You pay in advance, monthly or annually, through our payment provider, Stripe. Invoices are issued by Ascend Group Media.

13.4 Automatic renewal. Your subscription renews automatically at the end of each period, at the then current price, until you cancel. Before you pay, checkout shows the price, the billing period, that it renews, and how to cancel. Before an annual plan renews, we or our payment provider email the account owner at least 30 days before the renewal date. If you are protected by South Africa's Consumer Protection Act, clause 31.2 applies instead.

13.5 Price changes. We may change prices by giving the account owner at least 30 days' notice by email. A change applies from your next renewal after the notice period. If you do not agree, you may cancel before it applies.

13.6 Changing your plan. Moving up a plan or adding an assistant starts once the part-period charge is paid. Moving from monthly to annual billing starts at once, with a charge. Moving from annual to monthly billing starts at your next renewal. Moving down a plan or removing an assistant takes effect at your next renewal, which on an annual plan can be up to 12 months away; until then you keep, and pay for, what you have. Moving down may reduce your allowances and the history you can see. The annual discount applies to plans, not to add-on assistants, which are charged at their monthly price for each month of the year.

13.7 If a payment fails, we will try again and tell you. If it is still unpaid after the grace period shown in the app, tracking pauses until it is paid, and we may end the account if it stays unpaid for 60 days. Where the law allows, we may charge interest and reasonable collection costs on overdue amounts.

13.8 You may not withhold or set off payment against any claim you have against us, except where the law gives you that right.

14. Cancelling and refunds

14.1 You can cancel at any time in the app, under Billing. Your plan continues until the end of the period you have paid for, then stops. The app shows the date your plan ends.

14.2 Fees already paid are not refunded, including for part of a period, except:

• (a) where the law gives you a right to cancel and a refund that cannot be excluded (clause 31 sets out the main ones);
• (b) where you object to a new sub-processor and end the affected service under DPA section 5;
• (c) where you do not accept a material change to these terms and cancel under clause 26.3;
• (d) where we suspend or end the Service without fault on your part (clauses 23.2, 24.3 and 24.5), or a fault is not fixed (clause 12.4);
• (e) where a paid add-on assistant stops and you choose a refund (clause 7.3), or an included assistant stops (clause 7.4);
• (f) where we reduce the core of your plan (clause 25.2).

15. Acceptable use

15.1 You and your Users must follow our acceptable use policy.

15.2 If you or your Users break it, clause 24.2 applies.

16. Your Content and your data

16.1 You own Your Content. You give us a non-exclusive, worldwide licence to host, copy, process and send Your Content (including to Third-Party Services such as AI assistants) only as needed to provide, secure, support and improve the Service and to meet the law.

16.2 You promise that you have all the rights, permissions and (for personal information) a lawful basis needed for us to use Your Content this way, including from your Clients and anyone named in it.

16.3 Prompts go to AI providers. Do not put sensitive personal information, or personal information about private individuals, into prompts. Do not put information you must keep confidential into prompts either. Prompts and their answers are processed by AI providers under their own terms.

16.4 For personal information we process for you, you are the controller (the "responsible party" in South Africa) and we are your processor (your "operator"). The DPA applies and forms part of this agreement. Nothing in these terms removes our own duties to keep personal information secure.

16.5 Where we are the controller. We are an independent controller for sign-in, security, billing, support, acceptance records (clause 27) and support-access logs (clause 17), and for creating the anonymous performance data in clause 16.6, as described in our privacy policy.

16.6 We may use anonymous and aggregated data about how the Service performs (for example run success rates, costs and response times) that does not identify you, your Clients or any person, to run and improve the Service. We do not sell Your Content. We do not use Your Content to train AI models, and we choose provider settings that do not allow training where they are offered. Providers handle prompts under their own business terms (see the sub-processors list).

16.7 You can export your data as CSV while your account is active and for 30 days after it ends (clause 24.6).

17. Support access

17.1 Our staff do not look at the content inside your account unless:

• (a) you or an owner of your account turn on support access in the app (it can be on for a set time of up to 7 days, or until you turn it off);
• (b) we need to investigate a security incident, abuse, or a serious fault affecting the Service, or the law requires it.

17.2 Every support visit is time-limited, read-only unless you ask otherwise, and recorded in a log. Where we use clause 17.1(b), we will tell you afterwards unless the law forbids it.

18. Our property and your licence

18.1 The Service, its software, design, methods and our own content belong to us or our licensors. During your subscription we give you a non-exclusive, non-transferable right for your Users to use the Service for your business (and, for agencies, your Clients' business) under these terms. Nothing else passes to you.

18.2 To the extent we have rights in the Outputs made for you, we assign them to you, and you may use them for your business after your subscription ends. AI answers we collect, and data from providers such as DataForSEO, Ahrefs or Google, stay subject to those providers' terms, and you may use them under those terms. We keep and may use our own methods, templates and know-how.

18.3 If you send us feedback or ideas, we may use them freely without paying you.

19. What we promise, and what we do not

19.1 Our promise. We will operate the Service with reasonable skill and care, and it will work substantially as described in the Documentation. This promise is about how the Service operates. It does not mean any Output is correct or suitable for your site (clauses 4 to 6).

19.2 If we break that promise. Tell us, and we will fix the problem or re-perform the affected part of the Service. If we cannot do that within 30 days of you telling us, we will refund the fees for the affected service and period. Subject to clause 20.1 and clause 31, that is your only remedy for a breach of clause 19.1.

20. Limits on liability

20.1 What is not limited. Nothing in these terms limits or excludes liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; gross negligence or wilful misconduct, where the law does not allow it to be limited; breach of data protection law, to the extent the law does not allow it to be limited; or any other liability that the law does not allow to be limited or excluded. This clause 20.1 is the only place these exceptions are set out.

20.5 Time limit for claims. If you are a business (and clause 31 does not apply to you), each of us must bring any claim against the other within 12 months of the date the claiming party became aware, or ought reasonably to have become aware, of the facts that give rise to it. This does not apply to claims for unpaid fees, and does not shorten any minimum period the law sets.

20.6 Notice and mitigation. You must tell us in writing promptly about anything that may lead to a claim, and take reasonable steps to reduce your loss.

20.7 A higher cap. If you need a higher cap, ask us before you subscribe. We can offer one on an Enterprise agreement, signed by both of us, for a higher fee.

20.8 These limits reflect our prices and the fact that results depend on things outside our control.

20.9 Each limit stands alone. Each item in clauses 20.2 and 20.3, and each of clauses 8.4 and 20.4, is a separate limit. If one is found unenforceable, the others still apply.

21. Your responsibility to cover us (indemnity)

21.1 You will defend us and compensate us for reasonable losses, damages, fines and costs (including reasonable legal fees) arising from any claim, demand or regulatory action by a third party, to the extent it arises from:

• (a) Your Content, or any data, site or account you connect or add (including a site you do not control);
• (b) content you publish or send, including content based on our article drafts or suggestions;
• (c) your or your Clients' websites and systems, and changes made to them;
• (d) your or your Users' breach of these terms, the acceptable use policy or the law, including data protection law, and, for agencies, not including the wording clause 10.5 requires in your Client contracts;
• (e) if you are an agency, any claim by your Clients, their customers or their people relating to your work for them or your use of the Service for them.

21.2 This clause does not apply to the extent the claim arises from: the Service itself (not content you chose to publish or send, or changes you chose to make) infringing a third party's rights; our breach of these terms or the DPA; or our gross negligence or wilful misconduct.

21.3 Outputs you publish become your content. Once you have reviewed an Output under clause 5 and chosen to publish or send it, or content based on it, it is your content for the purposes of clause 21.1(b). Publishing an Output you were required to review is not our breach, gross negligence or wilful misconduct for the purposes of clause 21.2.

21.4 We will tell you about the claim promptly, let you control its defence and settlement (but you may not admit fault for us or settle in a way that binds us without our consent, which we will not refuse unreasonably), and give you reasonable help at your cost.

22. Confidentiality

22.1 Each of us will keep the other's confidential information private, use it only for this agreement, and share it only with staff, sub-processors and advisers who need it and are bound to keep it private, except where the law requires disclosure. We may also disclose it to Third-Party Services as needed to provide the Service as you have configured it (for example, sending your prompts and brand names to AI assistants).

22.2 This does not cover information that is public (other than through a breach of this clause), already known to the receiver, or independently developed. This clause continues for 5 years after the agreement ends.

23. Events outside our control

23.1 We are not in breach and not liable for any delay or failure caused by an event outside our reasonable control, including: failure, outage, slowdown, rate limiting, price change, policy change, model change, or withdrawal of any AI assistant, model, API, data provider, search engine, payment processor, hosting, network, email or other Third-Party Service; changes in law, regulation or a platform's policy; cyber attacks we could not prevent by taking reasonable security steps; failures of the internet or power; fire, flood, storm, earthquake, epidemic, war, terrorism, civil unrest, strikes (other than of our own staff) or government action.

23.2 We will tell you in the app where we reasonably can and will try to limit the effect. If such an event stops the main part of the Service for more than 30 days in a row, either of us may end the agreement by notice, and we will refund prepaid fees for the period after it ends.

24. Suspension and ending

24.1 You may end this agreement by cancelling your subscription and closing your account in the app.

24.2 If you break these terms. We may suspend your account, a User, a key or a feature at once, or end the agreement by notice, if you or your Users seriously or repeatedly break these terms or the acceptable use policy, if fees stay unpaid (clause 13.7), or if you become insolvent. Where we reasonably can, we will warn you first and give you a chance to put things right. Fees are not refunded for a suspension or ending under this clause, except where the law requires.

24.3 If we must suspend without fault on your part. We may also suspend the Service or a feature, without fault on your part, only where needed to protect the security of the Service or other customers, to comply with the law, or because a Third-Party Service requires it. We will tell you why as far as we lawfully can, and keep the suspension as short as we can. If it lasts more than 14 days in a row, we will refund the fees for the days it lasted (pro rata), and you may cancel and receive a refund of prepaid fees for the rest of the period.

24.4 Either of us may end this agreement by notice if the other seriously breaks it and does not put it right within 30 days of being asked to.

24.5 We may stop offering the Service, or end your account without cause, by giving at least 60 days' notice. We will then refund prepaid fees for the period after it ends.

24.6 Your data when the agreement ends. For 30 days after your account ends (other than for fraud or serious abuse), the account owner can sign in to export your data. After that we delete or anonymise it within a further 60 days, and copies in our backups are overwritten within 35 days after that, except what the law requires us to keep. You can ask us to delete it sooner. If you are in the European Union, you may also switch to another provider under the EU Data Act: tell us, and we will help you export your data in a common format within a notice period of no more than 2 months, without charge.

24.7 Clauses that by their nature should continue after the agreement ends will continue, including clauses 3 to 8, 10.2, 10.5, 13.7, 14, 16, 18 and 19 to 31.

25. Changes to the Service

25.1 We improve the Service often. We may add, change or remove features, places, data sources and limits.

25.2 We will not materially reduce the core of your plan during a period you have paid for, except as required by law or security. The core of your plan means its prompt allowance, its places per prompt and the main reports listed on the plan when you subscribed. If we do reduce it, you may cancel and we will refund prepaid fees for the rest of the period. Assistants are dealt with only by clause 7.

26. Changes to these terms

26.1 We may update these terms. Every version is published with its date and version number, and earlier versions are available on request.

26.2 For a change that is minor or does not reduce your rights (for example, a correction, or a new feature), the new version applies from the date shown.

26.3 For a material change that reduces your rights, we will give the account owner at least 30 days' notice by email and in the app, and ask you to accept the new terms in the app. Until you accept, the earlier version continues to apply to you. If you do not accept, you may cancel before the change takes effect and we will refund prepaid fees for the period after your cancellation. If you neither accept nor cancel by the end of the notice period, the earlier version continues to apply until the end of your current period, and we may then end your account by notice instead of renewing it.

26.4 A change required by law may apply sooner, with as much notice as we reasonably can give.

27. How we record your agreement

When you accept these terms, an updated version or the viewer terms, we keep a record of who accepted, for which account, which version (and a fingerprint of its text), the date and time, a protected (hashed) form of the IP address and the browser used, where you accepted (sign-up, invite, checkout, plan change or re-acceptance) and the words of the box you ticked. We keep these records as long as your account exists and for 6 years after it ends, as evidence of the agreement.

28. General

28.1 Notices. We send notices by email to the account owner and in the app. You send notices to info@ascendgroupmedia.com. An email is received when sent, unless the sender gets a failure message.

28.2 Transfer. You may not transfer this agreement without our written consent. We may transfer it to another company in our group, or to a company that takes over Suggestible, by telling you in writing at least 30 days before. Your rights will not be reduced by the transfer.

28.3 Sub-contractors. We may use sub-contractors and sub-processors to provide the Service and remain responsible for them as set out in the DPA.

28.4 Entire agreement. This agreement is the whole agreement between us about the Service and replaces earlier discussions. You have not relied on any statement that is not in it, including statements on our website or in marketing material, but nothing in this clause limits liability for fraud.

28.5 Severance. Each clause, sub-clause and item in a list is separate. If one is unenforceable, it is removed and the rest stand.

28.6 No waiver. If either of us does not enforce a right at once, it can still enforce it later.

28.7 No third-party rights. Only you and we can enforce these terms. No Client, User or other person has rights under them, except where the law gives them rights that cannot be excluded.

28.8 Relationship. Nothing here makes us partners, agents or employer and employee.

28.9 Export and sanctions. You will not use the Service in breach of sanctions or export laws, or from a country or for a person they prohibit.

29. Law and disputes

29.1 These terms, and any dispute about them, are governed by the law of the Republic of South Africa, and the High Court of South Africa, Western Cape Division, Cape Town, has exclusive jurisdiction, except that either of us may seek urgent relief in any court, and except as clause 29.3 allows.

29.2 Before starting court action (other than for urgent relief or to collect unpaid fees), the party with the complaint must write to the other setting out the problem, and senior people from each side must try in good faith to settle it within 30 days.

29.3 If you are protected by consumer law where you live, you keep the protection of that law and may be able to bring a claim in your local courts.

30. Contact and security

30.1 Ascend Group Media, trading as Suggestible (suggestible.ai). Physical address and address for notices: 7 Main Road, Heathfield, Cape Town, 7945, South Africa. Email: info@ascendgroupmedia.com.

30.2 How we keep payments and data secure. Card payments are taken by Stripe on its own secure pages, and we never see or store full card numbers. Every User signs in with two-factor authentication, data is encrypted in transit, and each account's data is kept apart from every other's. Our privacy policy explains the rest.

31. Extra rules if consumer law protects you

31.1 Who this clause is for. This clause applies only if a consumer protection law applies to you and gives you rights that cannot be excluded. In South Africa that includes every individual, and companies below the Consumer Protection Act's size threshold. Where this clause applies, it overrides anything else in these terms that conflicts with it.

31.2 South Africa. If the Consumer Protection Act ("CPA") or the Electronic Communications and Transactions Act ("ECTA") protects you:

• (a) if the Service does not meet the standard the CPA requires (section 54), you may choose whether we fix or re-perform it, or refund you a reasonable portion of the price;
• (b) if you are an individual, you may cancel within 7 days of paying and receive a full refund within 30 days (ECTA section 44);
• (c) if you are an individual on an annual plan, you may cancel early on 20 business days' notice, subject to a reasonable cancellation charge, and we will remind you 40 to 80 business days before the plan ends; when it ends, it continues month to month at the monthly price unless you choose to renew it for another year (CPA section 14);
• (d) the time limit in clause 20.5 does not apply to you;
• (e) clause 24.3 applies only where suspension is reasonably necessary, and the refund rules in it apply in full;
• (f) clauses 19.3, 20 and 21 apply only to the extent the CPA allows, and never to loss caused by our gross negligence.

31.3 United Kingdom and European Union. Suggestible is sold for business use (clause 1.3). If you are nevertheless a consumer, you keep any right to cancel that the law gives you. When you subscribe, you ask us to start the Service straight away; if you then cancel within 14 days, we will refund you less a proportionate amount for the Service provided up to the time you told us.

31.4 Other rights. You keep any other right to cancel, or to a remedy, that the law gives you and that cannot be excluded.

Schedule A: Viewer terms (for client viewers)

These short terms are shown to an agency's client viewer, who ticks a box to accept them on first sign-in.

1. You are using Suggestible because the agency named on this page has invited you. Your agreement for its services is with that agency, not with us (Ascend Group Media, trading as Suggestible).
2. If you are allowed to act for the business whose reports you view, you accept these viewer terms for that business as well as for yourself.
3. You can view the reports the agency shares with you. Use them only for your own business, keep your sign-in private, and follow our acceptable use policy.
4. The reports are produced partly by AI and from third-party data. They can be wrong or out of date, they are general guidance and not professional advice, and they do not guarantee any result. Check with your agency before acting on them. We owe you no duty of care in respect of their contents.
5. To the extent the law allows, we are not liable to you, or to the business you act for, for any claim of negligent misstatement, or for lost rankings, traffic, profit or business. Otherwise our total liability to you and that business together is limited to US$100. Any claim about the agency's work is a matter between you and the agency.
6. The agency controls the client data in its account; we control your sign-in and security details, as our privacy policy explains.
7. We may end your access if you break these terms, or when the agency removes you.
8. These viewer terms are governed by the same law as our terms of service, and nothing in them removes a right the law gives you that cannot be removed.

Schedule B: The notice on Outputs

This notice is printed on exported reports, PDFs, pitches, article downloads and fix-guide emails: