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Terms of Service

Effective Date: March 1, 2026 · Last Updated: March 31, 2026

1. Acceptance of Terms

Welcome to Outpacer AI (“Outpacer,” “we,” “us,” or “our”). These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Outpacer AI, Inc., a Delaware corporation, governing your access to and use of the Outpacer platform available at outpacer.ai, including all associated websites, applications, application programming interfaces (APIs), and services (collectively, the “Service”).

By creating an account, accessing, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, and all other policies referenced herein. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and “you” refers to both you individually and the organization.

If you do not agree to these Terms, you must not access or use the Service. We reserve the right to refuse service to anyone for any reason at any time.

2. Description of Service

Outpacer AI is an AI-powered search engine optimization (SEO) platform that provides the following capabilities:

  • Automated keyword research and content planning driven by artificial intelligence
  • AI-generated long-form blog articles, meta descriptions, title tags, and other SEO content
  • AI-generated images for use within blog articles and other content
  • Direct content publishing to connected content management systems (CMS) including WordPress, Webflow, Shopify, Ghost, and custom integrations
  • SEO auditing, performance analytics, and competitor analysis tools
  • Backlink exchange network for qualifying subscribers
  • Directory submission and link-building automation
  • AI visibility monitoring and optimization

The Service utilizes third-party artificial intelligence models, including but not limited to those provided by Anthropic (Claude) and OpenAI (GPT, DALL-E), to generate content. The availability, accuracy, and functionality of these models may change without notice. We reserve the right to modify, update, or discontinue any feature of the Service at any time.

3. Account Terms

3.1 Account Registration

To access the Service, you must create an account by providing accurate, complete, and current information. You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to create an account. By registering, you represent that all information you provide is truthful and that you will update it as necessary to keep it accurate.

3.2 Account Security

You are solely responsible for maintaining the security and confidentiality of your account credentials, including your password and any API keys. You must immediately notify us at legal@outpacer.ai if you become aware of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Responsibility

You are responsible for all activity that occurs under your account, whether or not you authorized that activity. You may not share your account with third parties, and you may not create multiple accounts for the purpose of circumventing usage limits, restrictions, or suspensions.

4. Subscription & Billing

4.1 Plans and Pricing

The Service is offered through various subscription plans as described on our pricing page. Prices are stated in United States Dollars (USD) unless otherwise indicated. We reserve the right to modify our pricing at any time, provided that we give existing subscribers at least thirty (30) days' written notice before any price increase takes effect on their next billing cycle.

4.2 Billing and Payment

All payments are processed through Stripe, Inc. By subscribing, you authorize us to charge your designated payment method on a recurring basis (monthly or annually, depending on your selected plan). You are responsible for providing valid, current payment information and for ensuring that sufficient funds are available for each billing cycle.

4.3 Free Trials

We may offer free trials at our sole discretion. At the end of a free trial, your account will automatically convert to a paid subscription unless you cancel before the trial period ends. You will be charged at the then-current subscription rate for the plan you selected.

4.4 Refunds and Cancellations

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period, and you will retain access to paid features until that date. We do not provide prorated refunds for partial billing periods. Refund requests for annual subscriptions must be submitted within fourteen (14) days of the initial charge or renewal and will be evaluated on a case-by-case basis at our sole discretion.

4.5 Usage Limits and Overages

Each subscription plan includes specific usage limits for AI-generated articles, images, keyword research queries, audits, and other features as described on our pricing page. If you exceed these limits, additional usage may be restricted until the next billing cycle, or we may offer overage charges at prevailing rates. We will make reasonable efforts to notify you before you reach your usage limits.

4.6 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes, levies, and duties imposed by taxing authorities in your jurisdiction in connection with your use of the Service, excluding taxes based on our net income.

5. AI-Generated Content

This section is critically important. Please read it carefully.

5.1 Nature of AI-Generated Content

The Service uses artificial intelligence models provided by third parties (including Anthropic and OpenAI) to generate text, images, and other content (“AI Content”). You acknowledge and agree that all content produced by the Service is machine-generated and is not authored, reviewed, verified, endorsed, or guaranteed by Outpacer AI or any human editor.

5.2 No Guarantee of Accuracy, Completeness, or Originality

AI Content may contain factual errors, inaccuracies, outdated information, omissions, biases, hallucinations, or fabricated data (including invented statistics, citations, quotes, and references). AI models may generate content that closely resembles or inadvertently reproduces existing copyrighted material, trademarks, or other intellectual property. We make no representation or warranty, express or implied, that any AI Content is accurate, complete, current, original, non-infringing, or fit for any particular purpose.

5.3 User Responsibility for Review and Publication

You are solely and entirely responsible for reviewing, editing, fact-checking, and validating all AI Content before publishing, distributing, or otherwise using it. This includes, without limitation:

  • Verifying the factual accuracy of all claims, statistics, dates, names, and references contained in AI Content
  • Ensuring that AI Content does not infringe upon the intellectual property rights of any third party, including copyrights, trademarks, and patents
  • Confirming that AI Content does not contain defamatory, libelous, or misleading statements about any individual, company, or organization
  • Reviewing AI Content for compliance with all applicable laws, regulations, and industry standards in your jurisdiction
  • Ensuring that AI Content meets your quality standards and accurately represents your brand, products, and services
  • Checking that AI-generated images do not contain offensive, misleading, or rights-infringing visual content

5.4 Acceptance of Full Responsibility for Published Content

Once you publish, distribute, or otherwise use AI Content (whether manually or through automated publishing features), you accept full and sole responsibility for that content as if you had authored it yourself. By publishing AI Content to your website or any other platform, you represent that you have reviewed and approved the content and that it meets all applicable legal, ethical, and professional standards.

5.5 No Liability for Claims Arising from AI Content

To the maximum extent permitted by applicable law, Outpacer AI shall not be liable for any claims, damages, losses, liabilities, costs, or expenses arising from or related to AI Content, including but not limited to:

  • Claims of defamation, libel, or slander resulting from AI-generated statements
  • Copyright infringement, trademark infringement, or other intellectual property claims arising from AI Content that resembles or reproduces existing works
  • Losses resulting from factual inaccuracies, errors, or omissions in AI Content
  • Damages arising from reliance on AI Content for medical, legal, financial, or other professional advice
  • Penalties, fines, or sanctions resulting from AI Content that violates applicable laws or regulations
  • Reputational harm to you or third parties caused by AI Content
  • Search engine penalties, ranking losses, or other SEO-related consequences resulting from the publication of AI Content

5.6 Prohibited Uses of AI Content

You shall not use the Service to generate content that:

  • Is intended to deceive, defraud, or mislead any person or entity
  • Impersonates any person, organization, or entity, or falsely claims endorsement or affiliation
  • Constitutes spam, including mass-generated content designed solely to manipulate search engine rankings without providing genuine value to readers
  • Promotes violence, hatred, discrimination, or illegal activities
  • Is used to generate medical, legal, or financial advice presented as professional counsel
  • Violates the acceptable use policies of the underlying AI model providers (Anthropic and OpenAI)
  • Creates content intended for use by or targeted at children under the age of 13
  • Generates sexually explicit, pornographic, or obscene material

5.7 AI-Generated Images

Images generated through the Service are produced using third-party AI image generation models (including but not limited to OpenAI's DALL-E). These images are subject to the usage policies and content restrictions of the applicable model provider. You acknowledge that AI-generated images may not be eligible for copyright protection in all jurisdictions, and you are responsible for ensuring that your use of such images complies with all applicable laws. You shall not use AI-generated images to create deepfakes, misleading depictions of real persons, or content that violates the image generation provider's acceptable use policies.

5.8 Content Similarity and Uniqueness

AI models generate content based on patterns learned from training data. As a result, AI Content generated for different users may be similar or substantially overlapping in structure, phrasing, or substance. We do not guarantee that AI Content will be unique, and we are not responsible for any adverse consequences arising from content similarity, including search engine duplicate content penalties.

6. Content Ownership & Intellectual Property

6.1 Your Content

You retain ownership of all content you create or upload to the Service, including your website content, brand assets, and account data (“Your Content”). By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, store, and display Your Content solely as necessary to provide and improve the Service.

6.2 AI-Generated Content Ownership

Subject to the terms herein and to the extent permitted by applicable law, we assign to you all rights, title, and interest we may hold in AI Content generated through your use of the Service. However, we make no representation regarding the copyrightability of AI-generated content, and you acknowledge that the legal status of AI-generated works remains unsettled in many jurisdictions. You accept all risk associated with the intellectual property status of AI Content.

6.3 Our Intellectual Property

The Service, including its design, features, documentation, logos, trademarks, and underlying technology, is owned by Outpacer AI and protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use the Outpacer name, logo, or trademarks without our prior written consent.

7. Backlink Exchange Network

The Service may include access to a backlink exchange network (“Link Network”) that facilitates reciprocal linking between participating websites. By opting in to the Link Network, you agree to the following:

  • You will only submit websites that you own or have authorization to manage for link exchange purposes.
  • Outpacer AI does not guarantee any specific SEO benefit, ranking improvement, or traffic increase from participation in the Link Network.
  • We reserve the right to remove any website from the Link Network at our sole discretion, including for quality, relevance, or policy violation reasons.
  • You acknowledge that reciprocal link schemes may violate search engine guidelines, and you accept all associated risks, including potential search engine penalties.
  • You are responsible for monitoring the links placed on your website and may remove any links that you find objectionable, provided you notify us in advance.

8. CMS Access & Publishing

8.1 Authorization

By connecting a CMS (WordPress, Webflow, Shopify, Ghost, or other supported platforms) to the Service, you authorize Outpacer AI to access, create, modify, and publish content on your behalf through the CMS's API or other integration mechanisms. You represent that you have all necessary rights and permissions to grant this access.

8.2 Automated Publishing

If you enable automated publishing features, content will be published to your website without manual review for each individual piece. You acknowledge the risks associated with automated publishing and accept full responsibility for all content published through this feature. We strongly recommend that you configure content to be published as drafts for manual review before going live.

8.3 CMS Credentials

You are responsible for the security of all CMS credentials, API keys, and access tokens you provide to the Service. We store these credentials using industry-standard encryption, but we are not liable for unauthorized access resulting from compromised credentials on your end or vulnerabilities in third-party CMS platforms.

9. Acceptable Use

You agree to use the Service only for lawful purposes and in compliance with these Terms and our Acceptable Use Policy. Without limitation, you shall not:

  • Use the Service to violate any applicable local, state, national, or international law or regulation
  • Attempt to gain unauthorized access to any part of the Service, other users' accounts, or any systems or networks connected to the Service
  • Interfere with, disrupt, or create an undue burden on the Service or the networks and servers connected to the Service
  • Use automated means (bots, scrapers, crawlers) to access the Service except through our official API with valid credentials
  • Reverse engineer, decompile, or disassemble any portion of the Service's software or infrastructure
  • Resell, sublicense, or redistribute access to the Service without our prior written consent
  • Use the Service to build a competing product or service
  • Circumvent or attempt to circumvent usage limits, rate limits, or other technical restrictions

Violation of the Acceptable Use Policy may result in immediate suspension or termination of your account without notice or refund.

10. Data Processing & Privacy

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, store, and share your personal data. By using the Service, you consent to the data practices described in our Privacy Policy.

To provide the Service, we transmit certain data (including content prompts, website data, and generated content) to third-party AI model providers, including Anthropic and OpenAI. By using the Service, you consent to this data transmission. We select providers who commit to not using customer data for model training, but we cannot independently verify or guarantee the data practices of third-party providers.

If you are located in the European Economic Area (EEA), United Kingdom, or another jurisdiction with data protection laws, additional terms may apply. Please refer to our Data Processing Agreement for details on GDPR compliance, data transfer mechanisms, and your rights as a data subject.

11. Third-Party Services

The Service integrates with and relies upon third-party services, platforms, and APIs, including but not limited to:

  • Anthropic — AI language model provider (Claude)
  • OpenAI — AI language and image generation model provider (GPT, DALL-E)
  • Stripe — Payment processing
  • Supabase — Database and authentication infrastructure
  • Vercel — Application hosting and deployment
  • DataForSEO — SEO data and keyword research APIs
  • PostHog — Product analytics
  • Resend — Transactional email delivery

These third-party services have their own terms of service and privacy policies, which are independent of these Terms. We are not responsible for the practices, availability, or performance of any third-party service. Your use of the Service constitutes your acknowledgment that third-party service disruptions may affect the availability or functionality of the Service, and we shall not be liable for any such disruptions.

12. Limitation of Liability

12.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUTPACER AI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.3 Cap on Liability

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100.00).

12.4 Basis of the Bargain

You acknowledge that the limitations of liability set forth in this section are fundamental elements of the basis of the bargain between you and Outpacer AI, and that we would not provide the Service without such limitations.

13. Indemnification

You agree to indemnify, defend, and hold harmless Outpacer AI, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of the Service and any content you publish or distribute using the Service
  • Your violation of these Terms, any applicable law, or any third-party rights
  • Any claim by a third party that content generated through your use of the Service infringes their intellectual property rights, constitutes defamation, or otherwise causes them harm
  • Your negligence, willful misconduct, or failure to review AI Content before publication
  • Unauthorized access to your account resulting from your failure to maintain adequate security

This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Service.

14. Termination

14.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings and ceasing all use of the Service. Termination does not entitle you to a refund for any fees already paid.

14.2 Termination by Us

We may suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice. Grounds for termination include, but are not limited to, violation of these Terms, non-payment, fraudulent activity, legal requirements, or any conduct that we determine, in our sole discretion, to be harmful to the Service, other users, or third parties.

14.3 Effect of Termination

Upon termination, your right to access and use the Service will immediately cease. We may, but are not obligated to, delete your account data, including generated content, configurations, and analytics. We recommend that you export any data you wish to retain prior to termination. The following sections survive termination: Content Ownership & IP, Limitation of Liability, Indemnification, Dispute Resolution, and any provisions that by their nature should survive.

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.

15.2 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute informally by contacting us at legal@outpacer.ai. We will attempt to resolve the dispute informally within thirty (30) days. If the dispute is not resolved within that period, either party may proceed with formal dispute resolution.

15.3 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof shall be finally resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware. The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.

15.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST OUTPACER AI.

15.5 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

16. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the “Last Updated” date at the top of this page and, at our discretion, notify you by email or through a notice within the Service. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription.

We encourage you to periodically review this page for the latest information on our Terms of Service. For material changes that significantly affect your rights or obligations, we will provide at least thirty (30) days' advance notice before the changes take effect.

17. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

  • Company: Outpacer AI, Inc.
  • Email: legal@outpacer.ai
  • Website: outpacer.ai
  • Jurisdiction: State of Delaware, United States of America

Miscellaneous

Entire Agreement

These Terms, together with the Privacy Policy, Acceptable Use Policy, and any other policies referenced herein, constitute the entire agreement between you and Outpacer AI with respect to the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect.

Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. A waiver of any provision shall be effective only if made in writing and signed by an authorized representative of Outpacer AI.

Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be null and void.

Force Majeure

Outpacer AI shall not be liable for any failure or delay in performing its obligations under these Terms resulting from events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, war, terrorism, civil disturbances, labor disputes, power outages, internet disruptions, or failures of third-party service providers.

By using Outpacer AI, you acknowledge that you have read these Terms of Service in their entirety, that you understand them, and that you agree to be bound by them.