Terms of Service

The short version

This summary helps you find your way. It is not a substitute for the full terms below, which are what bind us both.

• Embrisk is software for agencies, run by Tapnet Solutions (Pty) Ltd in South Africa. It is sold to businesses, not to people for personal use.
• Plans bill in advance every 4 weeks (13 times a year), or once a year. Prices are in US dollars. You can cancel any time, and your plan runs to the end of the period you paid for.
• Your data and your clients’ data stay yours. We use them only to run the service for you. We never sell them and never train AI models on them.
• AI answers change from day to day. Our numbers are honest estimates, not promises. We do not guarantee any ranking, AI mention, traffic or revenue.
• Only add client websites and accounts you are allowed to act for, and do not misuse the platform or the free snapshot.
• Our liability is capped, except where the law does not allow a cap. Disputes start with a conversation, and South African law applies.

1. Who we are and what these terms cover

These Terms of Service ("Terms") are an agreement between Tapnet Solutions (Pty) Ltd, registration number 2023/135522/07, trading as Embrisk ("Embrisk", "we", "us", "our"), and the person or organisation that uses our services ("you", "your"). Our full company details, as the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") requires, are in section 33.

These Terms apply to all of our services:

• the website at embrisk.com and its forms (the "Site");
• the free AI visibility snapshot (the "Snapshot");
• the one-off AI visibility audit (the "Audit");
• the Embrisk platform at app.embrisk.com, and its reports, exports and any API (the "Platform"); and
• launch bonuses, onboarding calls, templates and support that come with a plan (the "Services", which also means all of the above together).

2. Words with a special meaning

• Agency or you: the business that creates an account or places an Order, and every user it invites.
• Client: a business whose website or brand you add to a workspace, usually one of your own customers.
• Client project: one Client tracked in a workspace. Each plan includes a set number of client projects.
• Customer Data: everything you or your users put into or connect to the Platform, including Client details, questions you track, notes, and data from connected services such as Google Search Console.
• Output: the measurements, reports, recommendations and exports the Platform produces from Customer Data.
• AI engines: third-party search and answer services we check, such as ChatGPT, Google AI Overviews, Gemini, Perplexity, Claude and Copilot.
• Order: a plan, Audit or add-on you buy in the Platform, or an order form or statement of work we both sign.
• Billing period: 4 weeks for plans billed that way, or one year (13 periods of 4 weeks) for annual plans.
• Business day: any day except a Saturday, Sunday or public holiday in South Africa.
• POPIA: the Protection of Personal Information Act 4 of 2013. CPA: the Consumer Protection Act 68 of 2008.

3. Accepting these terms

• You accept these Terms when you tick the box or click to agree at sign-up, place an Order, request a Snapshot, or use the Platform, whichever comes first. If you do not agree, do not use the Services.
• If you accept on behalf of a company or other organisation, you confirm that you are authorised to bind it, and "you" means that organisation.
• You must be at least 18 years old and legally able to enter into a contract.
• You may not use the Services if you are a direct competitor of ours, or if you are barred from receiving them under the laws of South Africa or of the country you are in, including sanctions laws.

4. Business use only

The Services are built and sold for agencies and other businesses, for use in their trade. They are not offered to people for personal, family or household use.

Most of our customers are companies. The CPA does not apply to a juristic person whose asset value or annual turnover is R2 million or more, and the consumer protections in ECTA (sections 42 to 49) apply only to natural persons. If either Act does apply to you, nothing in these Terms takes away a right it gives you. Any term that would do that applies to you only as far as that Act allows.

5. The Services

5.1 The Platform

The Platform checks how Google and AI engines answer questions about your Clients, shows who they recommend instead and which sources they rely on, scans Client websites for search problems, ranks what to fix, and produces reports you can send under your own brand. What each plan includes (client projects, tracked questions, AI engines, how often they are checked, and extras) is on the Pricing page. The plan you buy, as it is described there on the day you buy it, is part of these Terms.

5.2 The free Snapshot

• A Snapshot is a free, limited check of one Client, sent by email. It needs a work email address and is limited to one per Client every 30 days.
• We may decline or stop a Snapshot request, for example when it looks automated, uses a personal or throwaway email, or concerns a website you have no business reason to check.
• A Snapshot is provided free and as it is, so the limits in section 25 apply to it in full.

5.3 The Audit

• An Audit is a one-off report on one Client: 25 questions on 5 AI engines, the sources they link to, a website scan, and at least 5 prioritised fixes, as a PDF carrying your agency’s name.
• We deliver it within 48 hours after we receive both your payment and the Client details we ask for. The clock pauses while we wait for anything we need from you.
• Audit guarantee. If we deliver late, or the Audit contains fewer than 5 prioritised fixes, we refund the Audit fee in full. Ask within 14 days of the delivery date.

5.4 Launch bonuses and onboarding

Some plans include launch bonuses, such as templates, slide sets and onboarding calls, as shown on the Pricing page. They come with the plan, have no cash value, cannot be transferred, and are not refunded separately. Calls are booked at times that suit both of us. A call you miss without at least one business day’s notice counts as held. Templates and guides are general business material, not legal, tax or financial advice.

5.5 Bespoke work

Anything beyond the published plans, such as custom reports, extra engines or consulting, needs a separate Order that we both agree in writing.

6. Orders and which document wins

• Each Order is a contract made under these Terms. Before you pay, the Platform shows you what you are buying, the price and the billing period, and lets you correct mistakes or cancel the Order.
• If documents disagree, this order applies: (1) a signed order form or statement of work, for the items it covers; (2) these Terms; (3) the Privacy Policy and other policies linked here; (4) the Pricing page.
• Terms on your own purchase order or vendor form do not apply, even if we sign or accept it to complete your internal process.
• Some features may carry extra terms, for example beta features or a third-party integration. We show those terms before you turn the feature on, and they apply only to that feature.

7. Fees, billing and taxes

• Currency. Prices are in US dollars, unless your Order says otherwise. Your bank or card issuer may charge conversion or foreign transaction fees. Those are yours to pay.
• Billing every 4 weeks. Plans billed this way are charged in advance on the day you subscribe and then every 4 weeks, which is 13 charges a year, not 12.
• Annual billing. Annual plans are charged once in advance for 13 periods. Instead of a discount, they include the extra client projects shown on the Pricing page for as long as the annual plan runs.
• Automatic renewal. Plans renew automatically for another billing period at the end of each one, and we charge the payment method on file, until you cancel under section 9. For annual plans, we email you at least 14 days before each renewal.
• Plan limits. If you reach your plan’s limit, nothing breaks and we do not charge you on our own. You choose whether to add client projects at the published per-project price or move to a bigger plan. The Platform shows any charge or credit for a plan change before you confirm it.
• Taxes. Prices exclude VAT and other taxes unless the Pricing page or your Order says otherwise. Where South African VAT or another tax applies, we add it to the invoice at the rate in force at the time.
• Payment. Payments are taken in the Platform through our payment provider over an encrypted connection. Card details are processed by that provider; we do not store full card numbers. You authorise us to charge your payment method for all fees due, and you must keep it up to date. Invoices issued outside the Platform are due within 14 days.
• Failed and late payments. If a charge fails, we try again and tell you. Amounts still unpaid after their due date carry interest at the rate set under the Prescribed Rate of Interest Act 55 of 1975, from the due date until paid. We may also suspend the Services under section 21.
• Price changes. We may change prices by giving at least 30 days’ notice by email. A new price never applies to a billing period you have already paid for, and you may cancel before it takes effect.
• Disputed charges. If you think a charge is wrong, email us within 30 days of it, before contacting your bank. We will look into it and fix genuine errors promptly.

8. Founding Agency terms

• Founding Agency prices are open to agencies that start a paid plan by 31 October 2026, or until 20 agencies have joined, whichever comes first.
• A founding price stays the same for 12 months from your first payment, on the same plan or a bigger one, as long as your subscription runs without a break. If you cancel, or a payment stays unpaid long enough that we suspend the account, the lock ends.
• After the 12 months, the plan moves to the standard price then in force, with notice as for any price change in section 7.

9. Cancellation and refunds

• You can cancel at any time in the Platform’s billing settings or by emailing us. Your plan stays active until the end of the billing period you have paid for, and is not renewed after that.
• No partial refunds. Fees for a billing period that has started are not refunded, including the unused part of an annual plan. The only exceptions are the prepaid-fee refunds set out in sections 20, 22, 24, 29 and 31, and any refund the law requires.
• Cooling-off. If you are a natural person protected by ECTA, the 7-day cooling-off right in section 44 of ECTA does not apply to services that began, with your consent, before the 7 days ended (section 42(2)(d)). Starting a plan in the Platform is that consent.

10. Your account and your team

• Plans include unlimited team seats. Every user needs their own login. Logins may not be shared, and seats are for your own staff and contractors working for you, not for your Clients.
• You can give a Client a shared report link or a client dashboard where your plan includes one. That is not a seat, and you control who receives it.
• Keep the details you give us complete, true and up to date, including your billing details and a working email address for notices.
• You are responsible for what happens under your account, for keeping passwords safe, and for the actions of every user you invite. Turn on two-step sign-in where the Platform offers it.
• Tell us straight away at [email protected] if you suspect someone has used your account without permission.

11. Acceptable use

You and your users must not:

• add a Client website, property or account that you are not authorised to act for. You may track competitors and the public pages of any site, but you may connect private data, such as a Search Console property, only with permission from its owner;
• use the Services for anything unlawful, deceptive or harmful, or to harass, defame or infringe the rights of anyone;
• copy, scrape, crawl or harvest the Platform or the Site, or use bots or automated scripts to access them, except through an API or export we provide;
• reverse engineer, decompile or try to extract the source code, models or methodology of the Platform, except where the law allows it despite this restriction;
• get around plan limits, Snapshot limits, rate limits or security controls, or create several accounts or use made-up email addresses to get extra free Snapshots;
• test, scan or probe the security of the Services without our written permission. If you find a vulnerability, please report it to [email protected], and we will work with you in good faith;
• upload malware, or anything that could damage, overload or interfere with the Services or another customer’s use of them;
• resell or sublicense raw access to the Platform, or use it or its Output to build a competing product or dataset;
• put special personal information (such as health, religion or biometrics), information about children, or account passwords into the Platform; it does not need any of it; or
• remove or hide any legal notice in the Platform, or suggest to anyone that Embrisk endorses you or guarantees your results.

We may set fair-use limits to protect the Platform for everyone. We will tell you before we enforce one against your account.

12. Your data and your clients’ data

• You own Customer Data and Output. As between you and us, all rights in Customer Data and in the Output generated from it belong to you or your Clients. We claim no ownership of them.
• What we may do with it. You give us permission to host, copy, process and display Customer Data only as needed to provide, secure and support the Services for you, and to comply with the law. This permission ends when we have deleted the data under section 22.
• What we do not do with it. We do not sell Customer Data, use it for advertising, share it with other customers, or use it to train AI models or to build a dataset across customers.
• Usage information. We may use information about how the Platform is used, such as how many reports are generated or how long pages take to load, to run and improve it, as long as it does not identify you, your users or your Clients.
• Your promises. You confirm that you have every right and permission needed to give us Customer Data and to have us process it, including your Clients’ permission where their data or accounts are involved.
• Exports. You can export your data in the formats the Platform offers at any time while your plan is active, and for 90 days after it ends.
• Case studies. We name you or a Client in public, for example in a case study or a logo list, only with your written permission.

13. Personal information we are responsible for

For the personal information we handle for our own purposes (your account, your users, billing, support, and Site visitors), we are the responsible party under POPIA. How we handle it, and your rights, are set out in our Privacy Policy and Cookie Policy.

14. Personal information we process for you (operator terms)

Customer Data may contain personal information about your Clients or their staff. For that information you are the responsible party and we are your operator under POPIA, and the equivalent roles (controller and processor) under laws such as the GDPR. This section is the written contract that section 21 of POPIA requires between us. We will:

• process it only to provide the Services and on your documented instructions, which are these Terms and the settings you choose in the Platform, unless the law requires otherwise, in which case we tell you first unless the law forbids it (POPIA s 20);
• treat it as confidential, and make sure our staff and contractors do the same;
• keep appropriate, reasonable technical and organisational security measures in place to prevent its loss, damage, unauthorised destruction, or unlawful access or processing (POPIA s 19), as described in section 8 of our Privacy Policy;
• tell you without undue delay, and where we can within 72 hours, after we have reasonable grounds to believe it has been accessed or acquired by an unauthorised person (POPIA s 21(2)), with the information you need to meet your own duties under section 22;
• use only the sub-operators listed on our Operator Agreements page, on written terms that protect the information at least as well as this section. We will update that page at least 30 days before adding a new one, and you may object, and cancel if we cannot address the objection;
• transfer it outside South Africa only to places and providers that meet section 72 of POPIA, as set out in our Privacy Policy;
• help you, where reasonable, to answer requests from people exercising their rights, and to carry out any impact assessment or respond to the Information Regulator; and
• when the Services end, delete it or return it to you, at your choice, as set out in section 22, unless the law requires us to keep it.

You are responsible for having a lawful reason to process the information, for telling the people concerned where the law requires it, and for the instructions you give us.

15. Connected services and third parties

• You can connect third-party services to the Platform, such as Google Search Console. When you do, you authorise us to read the data you choose to share, and your use of that service stays subject to its own terms. You can disconnect it at any time.
• Our use of information received from Google APIs follows the Google API Services User Data Policy, including its Limited Use requirements.
• The Platform reads answers from AI engines and search engines run by other companies. We do not control them, and they may change, limit or withdraw access at any time.
• We are not responsible for third-party services, websites or content, or for losses they cause. Links to them are not an endorsement.

16. AI answers, measurement and what we do not promise

• Measurements are estimates. AI answers are generated, not ranked. The same question can get a different answer the next time it is asked. Our figures come from repeated samples, and the number of observations is shown next to each one. How we measure is set out in our measurement methodology.
• Engines change. When an AI engine changes how it behaves or what it lets us see, data for that engine may be delayed, interrupted or no longer comparable. We mark those changes in the Platform rather than reporting a gap as a decline.
• No guaranteed results. We do not promise any particular search ranking, AI mention or citation, traffic, leads, sales, client wins or revenue. Those depend on search engines, AI models, competitors, the work you and your Clients do, and many other things we do not control.
• Calculators and examples are illustrations. Profit calculators, break-even figures, example prices and case figures on the Site show how the numbers could work. They are not a forecast or a promise of what you will earn.
• Recommendations are suggestions. The Platform does not change any website on its own. You and your Clients decide what to change, and are responsible for those changes.
• Not professional advice. Nothing in the Services is legal, financial, tax or other professional advice. Output generated with the help of AI can contain mistakes, so check it before you rely on it or send it to a Client.

17. White-label reports

• Where your plan allows, you may send reports and dashboards to your Clients under your own brand, with or without naming Embrisk. That is what they are for.
• You are responsible for what you tell your Clients about the reports, your services and the results to expect. You must not tell them that Embrisk guarantees results, and you must not change Output in a way that makes it misleading.
• Your contract with each Client is between you and that Client. We are not a party to it and have no obligations to your Clients.

18. Our intellectual property

• We, or our licensors, own all rights in the Services: the software, models, methodology, Site content, designs, templates, trade marks and the Embrisk name. Nothing in these Terms transfers any of those rights to you.
• While your plan is active, we give you a limited, non-exclusive, non-transferable right to use the Platform for your agency’s business, within your plan’s limits and these Terms.
• You may use and adapt the templates, slide sets and guides we give you for your own Clients, including after your plan ends. You may not sell or publish them as your own product.
• You may view, download and print Site content for your own business use. Any other use needs our written permission.

19. Feedback

If you send us ideas, suggestions or feedback about the Services, we may use them without paying you or owing you anything. We will not name you as the source without your permission. Feedback does not include Customer Data, which stays yours.

20. Availability, support and changes

• We aim for the Platform to be available 99.5 percent of each month, not counting maintenance announced in advance or events under section 29. This is a target, not a promise of service credits.
• We answer support requests within one business day, Monday to Friday, 08:00 to 17:00 SAST.
• We improve the Platform all the time and may add, change or remove features. We give at least 30 days’ notice before removing a feature that your plan is sold on. If the change materially reduces what you paid for, you may cancel and get a pro rata refund of any prepaid fees for the rest of the billing period.
• Features marked beta, preview or planned are provided as they are, may change or stop at any time, and are not covered by the target above.

21. Suspension

• If a payment stays unpaid, we may suspend the Services after giving you written notice and 7 days to pay.
• We may suspend all or part of the Services straight away if your use puts the security, stability or lawful operation of the Services at risk, breaks section 11, or if the law requires it. We will tell you why, as soon as we lawfully can, and limit the suspension to what is needed.
• We restore the Services once the cause is fixed. Suspension does not stop fees falling due, and it does not delete your data.

22. Ending the agreement

• You can end your plan at any time, as set out in section 9.
• Either of us may end the agreement by written notice if the other materially breaches these Terms and does not fix the breach within 14 days of written notice, or straight away if the other becomes insolvent, is placed in business rescue or liquidation, or stops doing business.
• We may end the agreement without cause by giving you 30 days’ written notice. We then refund any prepaid fees for the time after it ends.
• If you end the agreement because of our material breach, we refund any prepaid fees for the time after it ends. If we end it because of yours, you pay any fees still owed.
• When the agreement ends, your access stops and any amounts owed become payable at once. Your data stays available for export for 90 days, after which we delete Customer Data, including backups as they cycle out, unless the law requires us to keep it. Invoices and financial records are kept for 5 years, as South African tax law requires.
• Sections that by their nature should continue after the agreement ends do so, including those on fees owed, data, confidentiality, intellectual property, liability, indemnity and disputes.

23. Confidentiality

Each of us may receive information from the other that is marked confidential or that a reasonable person would see as confidential, such as Customer Data, prices agreed in an Order, plans and non-public product details. The receiving party will use it only for this agreement, protect it with at least reasonable care, and share it only with staff, advisers and sub-operators who need it and are bound by similar duties. This does not cover information that is or becomes public without fault, that was already known, or that is independently developed. Either of us may disclose information where the law or a court requires it, after warning the other where lawful. These duties last for three years after the agreement ends, and for Customer Data and personal information for as long as we hold them.

24. Promises each of us makes

24.1 Our promises

• We will provide the Services with reasonable skill and care.
• The Platform will work materially as described on the Site and in your Order. If it does not, tell us, and we will fix it within a reasonable time. If we cannot, either of us may end the affected plan, and we refund prepaid fees for the time after it ends.
• We will comply with the laws that apply to us in providing the Services.

24.2 Your promises

• The information you give us is true and complete.
• You have the authority and every permission needed for the Client properties and data you add.
• You will use the Services lawfully, including under POPIA and the direct marketing and consumer laws that apply to your agency and your Clients.

24.3 Everything else

Apart from the promises in this section and anything the law does not allow us to exclude, the Services are provided "as is" and "as available". To the extent the law allows, we exclude all other warranties, whether express or implied, including that the Services will be uninterrupted or error-free, fit for a particular purpose, or produce any particular result. If the CPA applies to you, this does not affect your rights under sections 54 to 56 of the CPA.

25. Limits on liability

• Indirect losses. Neither of us is liable to the other for indirect, special or consequential losses, or for loss of profit, revenue, clients, contracts, goodwill, rankings or AI visibility, even if the loss was foreseeable.
• Overall cap. Each party’s total liability arising out of or in connection with these Terms, whether in contract, delict or otherwise, is limited to the fees you paid us in the 12 months before the event that gave rise to the claim. For the Snapshot and any other free service, our total liability is limited to US$100.
• Data. We back up the Platform regularly. If Customer Data is lost because of us, our first duty is to restore it from the most recent backup that we can.
• What the limits do not cover. These limits do not apply to fees you owe us; to your obligations under section 26; to a breach of confidentiality or of sections 14 or 18; to fraud, gross negligence or intentional wrongdoing; to death or personal injury caused by negligence; or to any liability the law does not allow to be limited.

26. Indemnities

• Yours. You indemnify us, and will defend us, against third-party claims, including from your Clients and from regulators, that arise from Customer Data you had no right to give us, your breach of section 11, or what you told your Clients or promised them about the Services or their results.
• Ours. We indemnify you, and will defend you, against third-party claims that your use of the Platform as allowed by these Terms infringes that third party’s intellectual property. This does not cover claims caused by Customer Data, by combining the Platform with things we did not provide, or by use that breaks these Terms. If such a claim is made, we may change the Platform so it no longer infringes, get you the right to keep using it, or end the affected Services and refund prepaid fees for the time after they end.
• The party asking for an indemnity must tell the other promptly in writing, let it control the defence and any settlement (which may not admit fault for the other party without its consent), and give reasonable help at the other party’s cost.

27. Resolving disputes

1. Talk first. If a dispute arises, either of us may send the other a written notice describing it. Senior people from each side will then try in good faith to settle it within 20 business days.
2. Then arbitration. If it is not settled in that time, either of us may refer it to expedited arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA) in force at the time. There will be one arbitrator, agreed between us or, failing agreement within 10 business days, appointed by AFSA. The seat of the arbitration is Pretoria, the language is English, and hearings may be held online. The arbitrator’s award is final and binding, and may be made an order of court.
3. What can go to court. Either of us may apply to a court for urgent interim relief, and we may claim undisputed fees in any court with jurisdiction, without first following the steps above.
4. Consumers. If the CPA applies to you, nothing in this section limits your right to approach the National Consumer Commission, a consumer court, an accredited ombud or a court.

The proceedings and their outcome are confidential, except where disclosure is needed to enforce an award or is required by law.

28. Governing law

These Terms, and any dispute about them or the Services, are governed by the law of the Republic of South Africa, wherever you are. Subject to section 27, the High Court of South Africa, Gauteng Division, Pretoria has jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

29. Events beyond our control

Neither of us is liable for a delay or failure caused by events beyond reasonable control, such as natural disasters, pandemics, war, unrest, strikes, load shedding or national power failures, failures of internet or hosting providers, cyber attacks we could not reasonably prevent, changes by AI engines or search engines, or acts of government. The affected party must tell the other promptly and do what it reasonably can to limit the effect. If an event stops the Services for more than 30 days in a row, either of us may end the affected Order, and we refund prepaid fees for the time after it ends. This section does not excuse paying fees for Services already provided.

30. Notices and electronic communication

• You agree that we may communicate with you electronically, and that agreements, notices and records sent or kept electronically meet any legal requirement that they be in writing, as ECTA allows. Clicking to accept these Terms or an Order counts as your electronic signature.
• We send notices to the email address on your account. They count as received on the business day after we send them, unless we learn they were not delivered.
• Send legal notices to [email protected]. For formal legal process, we choose our registered office as our address for service (domicilium citandi et executandi): 594 Bombani Street, Elarduspark, Gauteng, 0181, South Africa.
• We may send you service and account messages (for example, invoices, renewal reminders and security alerts) for as long as you have an account. We send marketing emails only as our Privacy Policy allows, and every one has a way to unsubscribe.

31. Changes to these terms

We may update these Terms as the Services and the law change. For a material change we give at least 30 days’ notice by email and on this page before it takes effect, unless the change is needed sooner to comply with the law or to stop abuse. If you do not agree with a change, you may cancel before it takes effect, and we refund any prepaid fees for the time after the change starts. If you keep using the Services after it takes effect, the new Terms apply. The version and date at the top of this page show which Terms are current.

32. General

• Whole agreement. These Terms, your Orders and the documents they refer to are the whole agreement between us about the Services, and replace anything discussed before.
• Assignment. You may not transfer this agreement without our written consent. We may transfer it to a company that takes over our business or the Services, and we will tell you if we do.
• No waiver. If either of us does not enforce a right straight away, or gives the other extra time, that does not waive the right.
• Severability. If a court or arbitrator finds part of these Terms unenforceable, that part is changed as little as needed to make it enforceable, and the rest stays in force.
• Relationship. We are independent contractors. Nothing here creates a partnership, joint venture, employment or agency between us.
• Third parties. No one else, including your Clients, may enforce these Terms as a benefit made for them.
• Reading these Terms. Headings are for convenience only. "Including" means "including but not limited to". If these Terms are translated, the English version applies.
• Collection costs. If we have to take legal steps to recover overdue fees, you pay our reasonable legal costs of doing so.

33. Company information

Section 43 of ECTA requires us to publish the following information. It is also where to find us for anything in these Terms.

34. Contact

Questions about these Terms go to [email protected] or +27 79 174 8357. If you have a complaint about how we handle personal information that we cannot resolve together, you may contact the South African Information Regulator at [email protected].