End User License Agreement (EULA)

This End User License Agreement ("EULA") governs the use of Toutmark software, including the Toutmark dashboard, CMS plugins, scripts, and integration code. This is a separate license layer from our Terms of Service and applies to all customers of Toutmark.

1. License Grant

Toutmark grants you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Toutmark dashboard to manage your account and brand data
• Install Toutmark CMS plugins and integrations on your website or application
• Use Toutmark APIs to integrate our Service with your platform
• Receive LLM-generated content and use it on your website in accordance with our AI citation service

This license is personal to you and your organization. You may not sublicense, transfer, or assign it without written consent from Toutmark, except as explicitly provided in the Reseller Clause below.

2. Permitted Uses

You may use the Toutmark Service solely for:

• Optimizing your own website(s) or application(s) for search engines and AI/LLM ranking
• Managing your brand reputation across review sites and knowledge bases
• Coordinating PR and content distribution activities for your own business
• Analyzing AI citation performance and making informed content decisions

3. Restrictions

You agree not to:

• Reverse engineer or decompile: You may not attempt to reverse-engineer, decompile, or discover the source code, algorithms, or underlying logic of Toutmark software
• Redistribute or resell (except as noted below): You may not copy, redistribute, or resell Toutmark software, dashboard access, or CMS plugin code
• Remove notices: You may not remove, obscure, or alter any proprietary notices, trademarks, or license language on Toutmark software
• Publish benchmarks: You may not publicly benchmark or publish comparisons of Toutmark's performance without our written consent
• Use for competing service: You may not use this license to build, market, or offer a competing AI citation service
• Unauthorized access: You may not attempt to gain unauthorized access to Toutmark's infrastructure, KV storage, or other customers' data

4. Reseller Clause

Reseller terms are governed by a separate Reseller Agreement. This EULA applies to you as a reseller; you must ensure your clients agree to these terms or equivalent terms as part of your engagement with them.

5. Ownership & Intellectual Property

Toutmark retains all right, title, and interest in:

• The Toutmark software, code, dashboard, and APIs
• Toutmark algorithms, prompt engineering, and LLM models
• All improvements, updates, and derivative works we create
• Toutmark trademarks, logos, and brand identity

You retain ownership of:

• Your content and data on your website
• Your brand materials and customer data you provide
• Any customizations you make to your website (outside of Toutmark-managed rewrites)

Generated content from Toutmark's LLM is yours to use as you wish on your website; however, the underlying models, prompts, and generation logic remain Toutmark's property.

6. Termination

This license is active for the duration of your subscription.

Termination by Non-Payment

If your account is suspended or terminated due to non-payment or violation of these terms, your license is immediately revoked. You must cease all use of Toutmark software, remove Toutmark plugins and integrations from your site, and delete any Toutmark-provided code or scripts.

Termination by Toutmark

Toutmark may revoke this license if:

• You violate these terms
• Your subscription is cancelled (intentionally or due to non-payment)
• You use the Service for illegal or harmful purposes

Post-Termination Obligations

Upon termination, you must:

• Stop using all Toutmark software immediately
• Remove Toutmark plugins and integrations from your site
• Delete any Toutmark code, documentation, or materials

Data retention following termination is governed by our Privacy Policy.

7. Updates & Changes

Toutmark may update, patch, or modify the software at any time. We will strive to maintain backward compatibility, but we do not guarantee it. Major changes (e.g., breaking API changes) will be communicated in advance when possible.

8. NO WARRANTY

9. Limitation of Liability

In no event shall Toutmark be liable for indirect, incidental, special, or consequential damages, or for lost profits, data, or business interruption, even if Toutmark has been advised of the possibility of such damages. Toutmark's total liability under this EULA shall not exceed the amount you have paid in the preceding 3 months. If you have not paid anything (Live Phase trial), there is no liability.

10. Governing Law

This EULA is governed by the laws of the State of California, without regard to conflict-of-laws principles. Any legal action shall be brought exclusively in the state or federal courts of Los Angeles County, California.

11. Entire Agreement

This EULA, together with the Terms of Service and Privacy Policy, constitutes the entire agreement regarding your use of Toutmark software and supersedes all prior agreements.

12. Contact

For licensing questions or to inquire about reseller status, contact: