Subscription Agreement for AI-Powered Competitive Intelligence Services
1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Rival Shark Technologies LLC (“Rival Shark,” “we,” “us,” or “our”) governing your access to and use of the Rival Shark platform, available at rivalshark.ai and rivalshark.com (the “Service”).
By creating an account, initiating a free trial, or paying for a subscription, you affirm that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not have such authority, or if you do not agree to these Terms, do not use the Service.
Rival Shark reserves the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes via email to the address on file or by prominent notice within the Service. Continued use of the Service after the effective date of any modification constitutes acceptance of the revised Terms.
2. Definitions
- “Service” means the Rival Shark AI-powered competitive intelligence platform, including all web applications, APIs, reports, and related services accessible via rivalshark.ai and rivalshark.com.
- “AI-Generated Content” means any report, analysis, score, recommendation, battle card, market signal, or other output produced in whole or in part by artificial intelligence or machine learning systems, including outputs from third-party AI providers such as Anthropic.
- “Subscription Plan” means the Starter, Growth, or Apex tier selected by Customer, as described in Section 4.
- “Billing Period” means the monthly or annual interval for which a Subscription Plan is purchased. Monthly billing periods are anchored to the day of the month on which the subscription is initiated, not the first calendar day of each month.
- “Report Credit” means a single authorization to generate one Competitor Intelligence, Industry Intelligence, or Local Market Intelligence report, as applicable to the Customer's plan. Credits reset on each Billing Period renewal date.
- “Confidential Information” means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.
3. Description of the Service
3.1 AI Intelligence Modes
Rival Shark provides four intelligence modes, availability of which varies by Subscription Plan:
- Competitor Intelligence: AI-generated structured analysis of tracked competitors using live web research. Available on all plans.
- Industry Intelligence: Category-level market analysis covering market size, growth signals, regulatory shifts, and competitive landscape. Available on Growth and Apex plans only.
- Local Market Intelligence: Geographic saturation scoring and local competitor density analysis. Saturation score and competitor density are available on all plans; expansion signals, local pricing, and sentiment data are available on Growth and Apex plans only.
Rival Shark reserves the right to modify, update, or discontinue features of the Service. Feature changes that materially reduce the capabilities of a paid Subscription Plan will be communicated by email to the address on file no fewer than 30 days before the change takes effect.
3.2 Nature of AI-Generated Outputs
The Service uses artificial intelligence, including third-party large language models, to research, synthesize, and present competitive intelligence. All AI-Generated Content is produced automatically from publicly available information sources via live web search at the time of report generation.
AI-Generated Content is provided for general informational and strategic planning purposes only. Rival Shark does not warrant that any AI-Generated Content is accurate, complete, current, or free from error. All findings, scores, recommendations, and market assessments reflect the AI's analysis of publicly available data at the time of generation and may not reflect actual market conditions.
The Customer is solely responsible for independently verifying any AI-Generated Content before relying on it for business decisions. Nothing in the Service constitutes legal, financial, investment, or professional advice.
4. Subscription Plans and Billing
4.1 Available Plans
Rival Shark offers the following Subscription Plans at launch:
- Starter: $149.00/month (monthly billing) or $119.00/month billed annually ($1,428.00/year). Includes 3 tracked competitors, 4 Competitor Intelligence reports per month, 2 Local Market scans per month, and 3 standing objectives. No Industry Intelligence, Battle Cards, or Win/Loss Intelligence.
- Growth: $499.00/month (monthly billing) or $399.00/month billed annually ($4,788.00/year). Includes 10 tracked competitors, 8 Competitor Intelligence reports per month, 2 Industry Intelligence reports per month, 4 Local Market scans per month, 6 standing objectives, Battle Cards, and Win/Loss Intelligence.
- Apex: $1,299.00/month (monthly billing) or $1,039.00/month billed annually ($12,468.00/year). Includes 20 tracked competitors, 15 Competitor Intelligence reports per month, 4 Industry Intelligence reports per month, 8 Local Market scans per month, 10 standing objectives, Battle Cards, Win/Loss Intelligence, and dedicated support.
Plan features, limits, and pricing are subject to change upon 30 days' prior notice to active subscribers.
4.2 Free Trial
The Starter monthly plan includes a 3-day free trial for new subscribers. A valid payment method is required to begin the free trial. If you do not cancel before the end of the third day, you will be charged the applicable monthly fee. No free trial is available on Growth or Apex monthly plans, or on any annual plan.
4.3 Annual Plans
Annual Subscription Plans are billed in full at the time of subscription initiation. Annual plans do not include a free trial period. Annual subscribers receive a discount of 20% compared to monthly billing rates. Annual subscriptions are non-refundable except as expressly stated in Section 5. Rival Shark strongly recommends that prospective annual subscribers evaluate the Service on a monthly plan prior to committing to an annual term.
4.4 Billing and Payment
All billing is processed through Stripe. By subscribing, you authorize Rival Shark to charge your designated payment method for all applicable fees. Subscription fees are billed in advance of each Billing Period. All charges are in U.S. Dollars.
If a payment fails, Rival Shark will make reasonable retry attempts over a period of up to seven days. If payment is not successfully collected within that period, Rival Shark may suspend access to the Service until payment is resolved. Rival Shark will notify you by email of any failed payment. You are responsible for maintaining current and valid payment information in your account.
Report Credit quotas reset on the monthly anniversary of your subscription initiation date (your “Renewal Date”), not on the first day of each calendar month. Unused Report Credits do not roll over to the next Billing Period.
4.5 Upgrades, Downgrades, and Plan Changes
You may upgrade or downgrade your Subscription Plan at any time. Upgrades take effect immediately, with prorated credit applied for the unused portion of your current Billing Period. Downgrades take effect at the start of your next Billing Period. Plan changes do not extend or reset your current Billing Period. Annual subscriptions may not be switched to monthly billing mid-term; annual subscribers may change to monthly billing at the time of their annual renewal. Before initiating a billing dispute or chargeback with your payment provider, please contact support@rivalshark.com. Most billing issues can be resolved directly. Initiating a chargeback for a charge that does not qualify for a refund under Section 5.2 may result in suspension of your account.
If you downgrade to a plan with fewer tracked competitors than currently active in your account, you will be prompted to reduce your tracked competitor count before the downgrade takes effect. Rival Shark is not responsible for data loss resulting from failure to take this action.
5. Cancellation and Refund Policy
5.1 Cancellation
You may cancel your subscription at any time through your Account Settings page or by contacting support@rivalshark.com. Monthly subscribers who cancel retain access to the Service through the end of their current paid Billing Period. Annual subscribers who cancel retain access through the end of their current annual term.
Cancellation stops automatic renewal. It does not entitle you to a refund of amounts already paid, except as stated in Section 5.2.
5.2 Refunds
Monthly subscriptions: No refunds are issued for partial months after a Billing Period has begun, except where required by applicable law.
Annual subscriptions: Annual plan fees are non-refundable. Customers who cancel an annual subscription retain access through the end of the paid annual term.
Free trial: Customers who cancel a Starter monthly subscription before the end of the 3-day free trial period will not be charged. Cancellations received after the trial period ends are treated as monthly subscription cancellations under this Section 5.2.
Exceptions: Rival Shark may, at its sole discretion, issue refunds or account credits in cases of documented billing errors, duplicate charges, or extended Service unavailability. Requests for exception-based refunds must be submitted to support@rivalshark.com within 30 days of the disputed charge.
6. Account Registration and Security
Each subscription is for a single user account. Team seats and multi-user access are not available at launch and are planned for a future release. You may not share login credentials or permit third parties to access the Service using your account.
You are responsible for maintaining the security and confidentiality of your account credentials. You agree to notify Rival Shark immediately at support@rivalshark.com upon discovery of any unauthorized access to your account.
Rival Shark reserves the right to suspend or terminate accounts that it reasonably believes have been compromised or are being used in violation of these Terms, without prior notice where immediate action is necessary to protect the Service or other users.
You agree to provide accurate, current, and complete information during registration and to maintain the accuracy of your account information at all times. Rival Shark may terminate your account if it discovers that registration information is materially false or misleading.
7. Acceptable Use
7.1 Permitted Uses
The Service is licensed for your internal business use only. You may use AI-Generated Content to inform your own competitive strategy, sales planning, product development, and business decision-making.
7.2 Prohibited Uses
You agree not to:
- Resell, sublicense, redistribute, or otherwise make the Service or any AI-Generated Content available to third parties for commercial purposes without Rival Shark's prior written consent.
- Use the Service to develop, train, or improve any competing product or service, or to build a competitive intelligence dataset intended for resale.
- Scrape, crawl, or systematically extract data from the Service through automated means other than those expressly permitted by Rival Shark's API (if and when provided).
- Attempt to reverse engineer, decompile, or extract the underlying AI models, prompts, algorithms, or source code of the Service.
- Use the Service to research, profile, or gather intelligence on private individuals, regardless of stated purpose, or in any manner that violates applicable privacy laws.
- Introduce malicious code, conduct denial-of-service attacks, or attempt to gain unauthorized access to the Service or its underlying infrastructure.
- Misrepresent the source of AI-Generated Content or present it publicly in a manner that implies independent research or analysis by persons who did not produce it, without appropriate disclosure.
- Use the Service in violation of any applicable law, regulation, or third-party right.
Rival Shark reserves the right to suspend or terminate access immediately and without notice for violations of this Section 7.
8. Intellectual Property
8.1 Rival Shark IP
The Service, including all software, algorithms, AI models, user interfaces, trademarks, logos, and documentation, is owned by Rival Shark and its licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes during your active subscription term.
No rights are granted to you other than as expressly set forth in these Terms. Rival Shark reserves all rights not expressly granted.
8.2 Your Content
You retain ownership of all data, information, and materials you submit to the Service, including your company profile, competitor lists, and business objectives (“Customer Data”). You grant Rival Shark a limited, non-exclusive license to use Customer Data solely to provide the Service to you.
8.3 AI-Generated Content Ownership
Rival Shark grants you a non-exclusive license to use AI-Generated Content produced by the Service for your internal business purposes during and after your subscription term. You may incorporate AI-Generated Content into internal documents, strategy materials, and sales enablement tools.
You acknowledge that AI-Generated Content is generated automatically and may be substantially similar to content produced for other customers in the same industry or competitive category. Rival Shark does not represent that AI-Generated Content is unique to your account.
8.4 Feedback
If you provide suggestions, feedback, or ideas regarding the Service, you grant Rival Shark an irrevocable, royalty-free, perpetual license to use, incorporate, and commercialize such feedback without restriction or compensation to you.
9. AI-Generated Content — Critical Disclaimer
The following section governs the most significant limitation of liability in these Terms. Read it carefully.
The Service uses artificial intelligence to research publicly available information and synthesizes competitive intelligence reports. You understand and agree with the following:
- AI outputs may contain factual errors, omissions, outdated information, or misinterpretations of source material. Rival Shark does not verify the accuracy of AI-Generated Content before it is delivered to you.
- Competitor scores, market saturation scores, threat assessments, and strategic recommendations are AI inferences based on publicly available data — they are not audited findings, industry analyst ratings, or verified market research.
- Live web search results used in report generation may include unreliable, biased, or incomplete sources. Rival Shark does not control the quality of underlying web sources.
- AI-Generated Content does not constitute legal, financial, investment, regulatory, or professional advice of any kind. You should consult qualified professionals before making material business decisions based on AI-Generated Content.
- The competitive intelligence landscape changes rapidly. Reports reflect data available at the time of generation and may be outdated by the time you read them.
- Local Market Intelligence scores and competitor density data are derived from publicly available business listings and AI analysis and may not reflect actual market conditions in your area.
You assume full responsibility for any business decisions made in reliance on AI-Generated Content. Rival Shark expressly disclaims liability for any harm arising from such reliance.
10. Data, Privacy, and Security
10.1 Privacy Policy
Rival Shark's collection and use of personal information in connection with the Service is governed by our Privacy Policy, available at rivalshark.com/privacy, incorporated herein by reference.
10.2 Customer Data Security
Rival Shark implements industry-standard technical and organizational measures to protect Customer Data from unauthorized access, disclosure, or loss. These measures include encrypted data storage, authentication controls, and access logging. However, no security system is impenetrable, and Rival Shark cannot guarantee absolute security of Customer Data.
10.3 Use of Customer Data for AI Improvement
Rival Shark does not use your Customer Data (including competitor lists, company profiles, or business objectives) to train or improve AI models operated by Rival Shark or its AI providers, except in aggregated, de-identified form and only as permitted by our Privacy Policy.
10.4 Third-Party AI Providers
The Service relies on third-party AI infrastructure providers whose large language models are used to generate AI-Generated Content. Customer Data submitted to the Service may be transmitted to these providers for the purpose of generating AI-Generated Content. Each provider's data handling practices are governed by their own usage policies. Rival Shark is not responsible for third-party AI providers' data handling practices.
10.5 Data Retention
Rival Shark retains Customer Data and generated reports for the duration of your active subscription and for up to 30 days following subscription termination, after which data is deleted from active systems. Backup retention may extend this period by up to an additional 30 days. You may request earlier deletion by contacting support@rivalshark.com.
11. Confidentiality
Each party agrees to keep Confidential Information of the other party strictly confidential, to use it only for the purposes of these Terms, and to protect it with at least the same degree of care used to protect its own confidential information, but no less than reasonable care.
Confidential Information does not include information that: (a) is or becomes publicly known through no breach of these Terms; (b) was rightfully known to the receiving party before disclosure; (c) is independently developed by the receiving party without use of Confidential Information; or (d) must be disclosed pursuant to law, regulation, or court order, provided the receiving party gives reasonable prior notice to the disclosing party.
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. RIVAL SHARK EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
RIVAL SHARK DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, OR CURRENT; (C) THE SERVICE WILL MEET YOUR SPECIFIC BUSINESS REQUIREMENTS; OR (D) DEFECTS IN THE SERVICE WILL BE CORRECTED.
Some jurisdictions do not allow exclusion of implied warranties. To the extent such laws apply, the above exclusions may not apply to you.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RIVAL SHARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
- LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS;
- DAMAGES ARISING FROM RELIANCE ON AI-GENERATED CONTENT;
- DAMAGES ARISING FROM INACCURATE, INCOMPLETE, OR OUTDATED COMPETITIVE INTELLIGENCE;
- DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA;
- COST OF SUBSTITUTE GOODS OR SERVICES;
EVEN IF RIVAL SHARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RIVAL SHARK'S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO RIVAL SHARK IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The limitations in this Section 13 apply regardless of the form of action, whether based in contract, tort, negligence, strict liability, or otherwise. Some jurisdictions do not allow limitation of liability for consequential or incidental damages; in such jurisdictions, Rival Shark's liability is limited to the greatest extent permitted by law.
14. Indemnification
You agree to defend, indemnify, and hold harmless Rival Shark and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the Service in violation of these Terms;
- Your violation of any third-party right, including intellectual property or privacy rights;
- Any business decision made in reliance on AI-Generated Content;
- Customer Data you submit to the Service that infringes any third-party right or violates applicable law;
- Any misrepresentation by you of the nature or accuracy of AI-Generated Content to third parties.
15. Term and Termination
15.1 Term
These Terms remain in effect for the duration of your active subscription and for any period during which you have an open free trial. Monthly subscriptions renew automatically each month until cancelled. Annual subscriptions renew automatically for successive annual terms unless cancelled at least 30 days before the renewal date. Rival Shark will send a renewal reminder email to the address on file: 3 days before each monthly Renewal Date, and 30 days before each annual renewal date. It is your responsibility to maintain a current email address in your account settings to receive these notices.
15.2 Termination by You
You may terminate your subscription at any time as described in Section 5.1. These Terms survive termination with respect to all provisions that by their nature should survive, including Sections 8, 9, 12, 13, 14, 16, and 17.
15.3 Termination by Rival Shark
Rival Shark may suspend or terminate your account and access to the Service immediately and without prior notice if: (a) you breach these Terms and fail to cure the breach within 10 days of notice; (b) you engage in prohibited use under Section 7; (c) Rival Shark reasonably determines that continued provision of the Service creates legal, security, or reputational risk; or (d) Rival Shark discontinues the Service.
In the event Rival Shark terminates your account for reasons other than breach, Rival Shark will provide a pro-rated refund for the unused portion of any prepaid annual subscription.
15.4 Effect of Termination
Upon termination, your license to use the Service ceases immediately. You will lose access to your account, generated reports, and saved data. Rival Shark has no obligation to export or retain data beyond the period described in Section 10.5.
16. Dispute Resolution and Arbitration
This section affects your legal rights. It requires individual arbitration and waives your right to participate in class actions. Read carefully.
16.1 Informal Resolution
Before initiating formal dispute resolution, you agree to attempt to resolve any dispute informally by contacting Rival Shark at legal@rivalshark.com. Rival Shark will attempt to resolve the dispute within 30 days.
16.2 Binding Arbitration
If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms or the Service — including questions of arbitrability — shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in the State of Minnesota, or via videoconference for claims under $25,000. The arbitrator's decision shall be final and may be confirmed in any court of competent jurisdiction.
16.3 Class Action Waiver
YOU AND RIVAL SHARK AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. If this class action waiver is found unenforceable, the arbitration provision shall be null and void with respect to that dispute.
16.4 Exceptions
Notwithstanding Section 16.2, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the infringement of intellectual property rights or misappropriation of Confidential Information.
16.5 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law principles.
17. General Provisions
17.1 Entire Agreement
These Terms, together with the Privacy Policy and any applicable Order Form or Subscription Confirmation, constitute the entire agreement between you and Rival Shark regarding the Service and supersede all prior agreements and understandings relating to the subject matter herein.
17.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall remain in full force and effect.
17.3 Waiver
Rival Shark's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver shall be effective unless in writing and signed by an authorized representative of Rival Shark.
17.4 Assignment
You may not assign or transfer any rights or obligations under these Terms without Rival Shark's prior written consent. Rival Shark may assign these Terms in connection with a merger, acquisition, sale of assets, or change of control without your consent. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.
17.5 Force Majeure
Neither party shall be liable for any failure or delay in performance under these Terms to the extent caused by circumstances beyond that party's reasonable control, including acts of God, natural disasters, war, terrorism, government action, labor disputes, or failures of third-party service providers (including AI infrastructure providers), provided the affected party provides prompt written notice and uses reasonable efforts to resume performance.
17.6 Notices
Rival Shark may deliver notices to you via email to the address on file with your account or by posting a notice within the Service. You must deliver notices to Rival Shark by email to legal@rivalshark.com. Notices are effective upon receipt.
17.7 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights. No person other than the parties to these Terms may enforce any provision hereof.
17.8 Export Compliance
You represent that you are not located in, or a national or resident of, any country to which the United States has embargoed goods or services, and that you are not on any U.S. government list of prohibited or restricted parties. You agree not to use or export the Service in violation of any applicable U.S. export laws or regulations.
18. Contact Information
For legal inquiries or notices:
Rival Shark Technologies LLC, Legal Department
Email: legal@rivalshark.com
For support inquiries:
Email: support@rivalshark.com
Help Center: rivalshark.com/support
For billing inquiries:
Email: billing@rivalshark.com