Terms of Use

By accessing or using Positli (the "Service" or "Platform"), you agree to be bound by these Terms of Use ("Terms"). These Terms form a legally binding agreement between you and Exceeding Development LLC, a company organized under the laws of Arizona, United States ("we," "us," "our," or "the Company"). If you do not agree to these Terms, do not use the Service. These Terms apply to all visitors, users, and subscribers. We recommend that you consult a qualified attorney if you have questions about your legal rights or obligations under these Terms.

Positli is a subscription-based AI-Powered Brand Intelligence & Operations Platform. Users complete a structured brand assessment and receive a free diagnosis — including a Brand Clarity Score and strategic observations — at no cost. Paid subscription plans unlock access to the full Brand Intelligence workspace: Strategy Builder (a guided, section-by-section brand strategy workspace), Brand Knowledge, Audience Intelligence, Competitor Intelligence, Market Intelligence, Conversion Intelligence, Content Studio, Campaign management, Vale Brand Advisor, Recommendations, Initiatives, Roadmaps, and additional modules. The brand strategy report and its PDF export are features within the paid workspace, not standalone products sold separately. The quality of all AI-generated outputs depends on the accuracy and completeness of the information you provide. This is an informational and educational support tool, not a professional consulting engagement.

You agree to provide accurate, complete, and truthful information in all assessments, forms, and communications with us. Outputs generated by the platform are based entirely on the information you submit. We are not responsible for inaccurate, incomplete, or misleading outputs that result from inaccurate or misleading inputs. Submitting false information may result in termination of your account.

The content generated by our Service — including diagnoses, scores, observations, messaging frameworks, positioning recommendations, strategy sections, and intelligence reports — is provided for educational, informational, and strategic support purposes only. It is not:

• Legal advice or a substitute for consultation with a licensed attorney
• Financial or investment advice
• Medical or health advice
• Accounting, tax, or compliance advice
• A guarantee of business results, revenue, client acquisition, or marketing performance

You are solely responsible for how you use, apply, and act upon any content or recommendations generated by the platform. We strongly encourage you to review AI-generated content carefully and consult qualified professionals before making significant business, legal, or financial decisions.

Our platform uses artificial intelligence to generate assessments, diagnoses, strategy sections, and intelligence reports. You acknowledge that:

• AI outputs may be incomplete, inaccurate, biased, or unsuitable for your specific context
• AI outputs require human review before use in public communications, marketing materials, or commercial decisions
• The AI may challenge, question, or refine your inputs as part of the strategic support process — this is intentional
• No AI system is infallible, and we make no warranty that outputs will meet your specific needs or expectations
• You are responsible for all final decisions and their implementation

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use this Service. By using the Service, you represent and warrant that you meet these requirements and that you are not prohibited from using the Service under the laws of your jurisdiction.

When you create an account, you are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying us immediately if you suspect unauthorized access
• Providing accurate account information and keeping it up to date

We reserve the right to suspend or terminate accounts that we believe are being used fraudulently, abusively, or in violation of these Terms.

Positli operates on a subscription billing model. Available plans include Free, Professional, Growth, and Agency, billed monthly. By subscribing to a paid plan:

• You authorize us to charge your chosen payment method on a recurring monthly basis at the plan rate displayed at checkout
• Payments are processed by Stripe, a PCI-compliant payment processor — we do not store your full card details
• Your subscription renews automatically at the end of each billing period unless cancelled
• You may cancel your subscription at any time from your account settings — cancellation stops future billing at the end of the current period
• Downgrading or cancelling your plan does not automatically entitle you to a refund for the current billing period — see our Refund Policy for details
• We reserve the right to change subscription pricing with advance notice

See our Refund Policy for complete details on cancellation, refunds, and billing disputes.

Your subscription grants you access to the Positli workspace — a digital service delivered electronically via your account. Access begins immediately upon subscription activation. The features available to you depend on your plan level. If your subscription lapses, is cancelled, or enters a payment failure state, your access to paid features will be suspended or downgraded to the Free plan. Your data is retained for a reasonable period in accordance with our data retention policy.

The Positli platform — including its design, technology, AI systems, prompts, and methodology — is owned by Exceeding Development LLC and is protected by applicable intellectual property laws. You may not copy, reverse-engineer, reproduce, or create derivative works from the platform without written permission.

Content generated within your workspace — including strategy sections, brand memory data, and recommendations — is based on your submitted inputs and is licensed for your personal business use. You retain ownership of the information you submit. By submitting content to the platform, you grant us a non-exclusive, royalty-free license to use that content to deliver the service and, in aggregated or de-identified form, to improve the platform. You may not resell, sublicense, or commercially distribute AI-generated workspace content without written permission from Exceeding Development LLC.

We may use anonymized, aggregated, or de-identified insights derived from platform usage and assessment responses to improve the platform, train internal systems, develop new features, and publish general findings about brand strategy trends. We will not identify you personally in any such use without your explicit consent.

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Submit false, misleading, or fraudulent information
• Scrape, crawl, or use automated tools to access or extract data from the platform
• Reverse-engineer, decompile, or attempt to derive the source code or underlying methodology of the platform
• Upload or transmit malware, viruses, or harmful code
• Harass, threaten, or harm other users
• Impersonate another person or entity
• Upload or use third-party confidential information without proper authorization
• Use AI outputs as final professional advice without human review
• Use the platform in any manner that could overload, damage, or impair its functionality

See our full Acceptable Use Policy for additional detail.

Certain features of the platform may be released in beta or experimental form. Beta features may be incomplete, unstable, changed, or removed at any time without notice. We do not guarantee the stability, accuracy, or continued availability of beta features. Participation in beta testing is voluntary and subject to our Beta Tester Notice.

The Service provides strategic information and educational support. We make no guarantee of specific business outcomes, revenue generation, client acquisition, marketing performance, brand growth, or any other result arising from your use of the platform or implementation of its recommendations. Results depend entirely on factors within your control, including your decisions, execution, and market conditions.

The Service is provided 'as is' and 'as available' without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted availability. We do not warrant that the Service will be error-free, that AI-generated content will be accurate or complete, or that the platform will meet your specific requirements.

To the maximum extent permitted by applicable law, Exceeding Development LLC, its officers, directors, employees, affiliates, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to lost profits, lost data, reputational harm, or business decisions made based on AI-generated content — arising from your use of, or inability to use, the Service. Our total aggregate liability to you shall not exceed the amount you paid to us in the twelve months preceding the claim.

You agree to indemnify, defend, and hold harmless Exceeding Development LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, your submission of false or infringing content, or your violation of any third-party rights.

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms or engaged in conduct harmful to the platform, other users, or Exceeding Development LLC. You may cancel your subscription and delete your account at any time. Sections of these Terms that by their nature should survive termination (including Sections 10, 15, 16, 17, 19, and 20) will do so.

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict of law provisions. Any dispute arising from these Terms or your use of the Service shall first be subject to good-faith negotiation. If the dispute is not resolved within 30 days, it shall be submitted to binding arbitration in Maricopa County, Arizona, in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

Prior to the current subscription model, some users accessed Positli through founding member programs, report credits, beta grants, or one-time report unlocks. These users retain access to their existing workspace data and any strategy content previously generated. If you accessed Positli under a previous access model:

• Your previously generated strategy reports and workspace data remain accessible
• Your account will be mapped to an appropriate subscription tier based on your historical access level
• No existing user will lose access to content they legitimately accessed
• For questions about your access status, contact us at hi@positli.com

By creating an account, you consent to receive transactional and service-related emails necessary to deliver the platform, including:

• Account creation and security notifications
• Assessment progress and completion notifications
• Workspace and subscription status notifications
• Payment confirmations and receipts
• Important service and policy updates

These transactional emails are sent as a necessary part of delivering the service and cannot be opted out of while your account is active.

With your separate consent at signup or in your email preferences, we may also send optional marketing and product update emails, including tips, feature announcements, beta invitations, and offers. You may unsubscribe from these at any time using the unsubscribe link in any email or from your profile settings. Unsubscribing from marketing emails does not affect delivery of transactional communications.

See our Marketing Communications Policy for full details.

We may update these Terms from time to time. When we make material changes, we will notify you by email or by posting a prominent notice on the platform. Your continued use of the Service after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

Questions about these Terms? Contact us at:

• Email: hi@positli.com