FogTrailFogTrail

Terms of Service

Effective Date: February 14, 2026 · Last Updated: February 14, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the FogTrail platform at fogtrail.ai (the "Service"), operated by Fogtrail Pty Ltd ("FogTrail", "we", "us", or "our").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Service.

You must be at least 18 years of age or the age of legal majority in your jurisdiction to use the Service.

2. Description of Service

FogTrail is an Answer Engine Optimization (AEO) platform that helps businesses improve their visibility and citations across AI-powered search engines. The Service includes:

  • Monitoring citations across five AI search engines (Perplexity, ChatGPT, Grok, Gemini, and Claude)
  • Competitive narrative intelligence to identify citation gaps and opportunities
  • AI-powered content plan generation and optimization strategies
  • Automated content generation, including articles and forum posts
  • Publishing content to connected third-party platforms at your direction
  • Analytics and reporting on citation performance

3. Account Registration and Security

To use the Service, you must create an account using Google OAuth authentication. By registering, you agree that:

  • You will provide accurate and complete information during registration.
  • You are responsible for maintaining the security of your account and for all activities that occur under it.
  • You will notify us immediately of any unauthorised use of your account by contacting ming@fogtrail.ai.

Access to the Service is invite-based. You may be required to provide a referral code or receive an invitation from an existing organisation to create an account. Each account is associated with one organisation, and team members may be invited by the organisation owner.

4. Subscription Plans and Billing

4.1 Plan

The Service is available under a single subscription plan:

  • FogTrail – $499 USD per month ($399/mo billed annually). Includes 100 monitored queries across all five AI engines, up to 100 articles per month, 100 content pieces managed, 48-hour intelligence cycles with executive briefings, human-in-the-loop review, post-publication citation verification, and context cascade.

4.2 Billing

Subscriptions are billed on a monthly cycle. All fees are non-refundable except as required by applicable law, including the Australian Consumer Law. We reserve the right to modify pricing with 30 days' notice.

5. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable laws or regulations.
  • Generate, publish, or distribute spam, misleading, or deceptive content.
  • Infringe upon the intellectual property rights of any third party.
  • Interfere with or disrupt the Service or its infrastructure.
  • Attempt to gain unauthorised access to the Service, other accounts, or connected systems.
  • Use automated means to scrape, extract, or harvest data from the Service.
  • Reverse-engineer, decompile, or disassemble any part of the Service.
  • Use the Service in any manner that could damage, disable, or impair it.

We reserve the right to suspend or terminate accounts that violate these terms without prior notice.

6. Intellectual Property

6.1 Your Content

You retain ownership of all business data, content, and materials you provide to the Service, including strategy documents, product descriptions, and queries.

6.2 Generated Content

Content generated by the Service using AI is owned by you, subject to the following:

  • AI-generated content is subject to the terms of the underlying AI model providers.
  • We cannot guarantee exclusivity. AI models may generate similar content for other users.
  • You are solely responsible for reviewing, editing, and approving all generated content before publication.

6.3 Our Intellectual Property

The Service, including its design, source code, algorithms, branding, and documentation, is the intellectual property of Fogtrail Pty Ltd and is protected by applicable intellectual property laws. Nothing in these Terms grants you any rights to our intellectual property except the limited right to use the Service as described herein.

6.4 Licence to Us

By using the Service, you grant us a limited, non-exclusive, worldwide licence to use your content solely for the purpose of providing, maintaining, and improving the Service. This licence terminates when you delete your content or your account.

6.5 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to you.

7. Third-Party Integrations

The Service allows you to connect third-party platforms such as Contentful and Reddit. When you use these integrations:

  • Content is published to third-party platforms only at your explicit direction.
  • You are responsible for complying with the terms and policies of those platforms.
  • We are not responsible for any actions taken by third-party platforms, including content removal, account suspension, or data processing.

8. AI-Generated Content Disclaimer

Content generated by the Service is produced using artificial intelligence and may contain inaccuracies, errors, or omissions. You acknowledge and agree that:

  • You are solely responsible for reviewing, editing, and approving all content before publication.
  • We do not guarantee that generated content will result in AI citations, improved search visibility, or any specific business outcomes.
  • Generated content should not be treated as professional advice, including legal, medical, or financial advice.
  • AI search engine results and citation behaviour are controlled by third-party providers and may change at any time without notice.

9. Disclaimers and Limitation of Liability

9.1 No Warranty

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2 No Guarantee of Results

We do not guarantee any specific outcomes regarding AI citations, search engine visibility, content performance, or business results. AEO is an emerging field, and results may vary based on factors outside our control.

9.3 Limitation of Liability

To the maximum extent permitted by applicable law, our total liability to you for all claims arising from or related to the Service is limited to the total fees paid by you to us in the twelve (12) months preceding the event giving rise to the claim.

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, regardless of whether we were advised of the possibility of such damages.

9.4 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or any other applicable consumer protection laws that cannot be excluded, restricted, or modified by agreement.

10. Indemnification

You agree to indemnify, defend, and hold harmless Fogtrail Pty Ltd, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

  • Your use of the Service.
  • Content you provide, generate, or publish through the Service.
  • Your violation of these Terms.
  • Your violation of any rights of a third party.

11. Termination

  • By you: You may terminate your account at any time by contacting us at ming@fogtrail.ai.
  • By us: We may suspend or terminate your account at any time if you violate these Terms or if we reasonably believe your use of the Service poses a risk to the Service or other users.

Upon termination:

  • Your access to the Service will be revoked and your data will become inaccessible.
  • You may request deletion of your data, subject to any legal retention requirements.
  • Sections that by their nature should survive termination will remain in effect, including Intellectual Property, Limitation of Liability, Indemnification, and Governing Law.

12. Modifications to Terms

We may update these Terms from time to time. When we make material changes, we will notify you via email or through a prominent notice on the Service and update the "Last Updated" date at the top of this page.

Your continued use of the Service after any changes constitutes acceptance of the updated Terms. If you do not agree with the revised Terms, you must stop using the Service.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Australia. Any disputes arising from or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Australia.

Before initiating any legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least 30 days.

14. General Provisions

  • Severability: If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect.
  • Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Fogtrail Pty Ltd regarding the Service.
  • Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
  • Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights without restriction.

15. Contact Us

If you have any questions about these Terms, please contact us: