Terms of Service

Effective date: July 25, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of PainRadar (the "Service"), operated by PainRadar LLC, a limited liability company organized under the laws of the State of New Mexico, USA ("PainRadar", "we", "us", or "our").

By creating an account, clicking to accept these Terms, or otherwise accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

If you accept these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

2. Definitions

"Account" means the account you create to access the Service.
"Your Content" means data, text, topic names, notes, keywords, prompts, and other material you submit to or create within the Service.
"Output" means the summaries, scores, gap analyses, rankings, and other material generated by the Service, including material generated by AI models.
"Third-Party Content" means content publicly posted on third-party platforms that the Service ingests, references, links to, or analyzes.
"Third-Party Platform" means any external service from which the Service obtains Third-Party Content, or with which the Service integrates.

3. Description of Service

PainRadar scans publicly available content from Third-Party Platforms and uses automated analysis, including third-party AI models, to identify, summarize, and score customer pain points and market gaps.

Automated output. Output is generated by automated systems. It is provided for informational purposes only. It is not professional, legal, financial, investment, or business advice. We do not guarantee its accuracy, completeness, currency, or fitness for any particular purpose. AI systems can and do produce statements that are incorrect, outdated, incomplete, or fabricated. You are responsible for independently verifying Output before relying on it.

Changes to the Service. We may add, modify, suspend, or discontinue features of the Service at any time. If we discontinue a material feature of a paid plan, or make a change that materially degrades the paid Service, we will give you at least thirty (30) days' notice and, at your option, a pro-rata refund of prepaid fees for the remainder of your then-current billing period.

Data sources may change. The Third-Party Platforms we can access, and the volume and depth of data available from them, depend on those platforms' APIs, rate limits, pricing, and terms, which are outside our control and change without notice. Coverage of any specific platform is not guaranteed and is not a warranted feature of any plan unless expressly stated in your order form.

Beta features. Features identified as beta, preview, early access, or experimental are provided as-is, may be changed or withdrawn at any time, are excluded from any commitment in these Terms, and should not be relied on in production.

4. Accounts and Eligibility

You must provide accurate, current information when creating an Account and keep it up to date. You are responsible for safeguarding your credentials and for all activity occurring under your Account. Notify us promptly at contact@painradar.ai if you believe your Account has been compromised.

You must be at least 18 years old, or the age of legal majority in your jurisdiction if higher, to use the Service. The Service is not directed to children and we do not knowingly collect personal information from anyone under 18.

Accounts are for a single user unless your plan expressly provides for multiple seats. Credential sharing across individuals is not permitted.

You represent that you are not located in, under the control of, or a national or resident of any country subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list. You will not use or export the Service in violation of U.S. export control or sanctions laws.

5. Subscriptions, Billing, and Renewal

Plans and fees. Paid plans are billed in advance on a recurring basis at the price and interval shown at the time of purchase. Except where stated otherwise, prices are exclusive of sales, use, VAT, GST, and similar taxes, which you are responsible for.

Automatic renewal. Your subscription renews automatically at the end of each billing period at the then-current rate, and your payment method will be charged automatically, until you cancel. You may cancel at any time from your Account settings or by emailing contact@painradar.ai. Cancellation takes effect at the end of the current billing period; you retain access until then. We do not require you to call, chat, or negotiate with anyone to cancel.

Price changes. We may change pricing with at least thirty (30) days' notice by email. Changes take effect at your next renewal. If you do not accept a price change, you may cancel before it takes effect.

Trials. If we offer a free trial, we will disclose its length and the price and interval that will apply afterward before you enroll. Unless you cancel before the trial ends, the trial converts to a paid subscription and your payment method is charged.

Refunds. Except as stated in these Terms or required by applicable law, fees are non-refundable and we do not provide refunds or credits for partial billing periods or unused capacity. Consumers in the EU, UK, and other jurisdictions with mandatory withdrawal or cooling-off rights retain those rights.

Failed payment. If a charge fails, we may retry, suspend access, and, if the balance remains unpaid for thirty (30) days, terminate the Account.

Usage limits. Each plan carries the quotas described at the time of purchase. Your rights and our enforcement rights in respect of those quotas are set out in Section 6.

6. Acceptable Use and Fair Use

6.1 Prohibited conduct

You agree not to, and not to permit anyone else to:

Use the Service for any unlawful purpose, or in violation of any Third-Party Platform's terms of service;
Use the Service to harass, stalk, defame, dox, discriminate against, or infringe the rights of any individual identifiable in Third-Party Content;
Attempt to re-identify, deanonymize, aggregate profiles of, or build dossiers on individuals appearing in Third-Party Content;
Reverse-engineer, decompile, scrape, crawl, or bulk-extract the Service or its underlying data, or resell, sublicense, or provide the Service to third parties, except as expressly authorized in writing;
Use Output or Service data to train, fine-tune, or evaluate a machine learning model, or to build a product that competes with the Service;
Circumvent rate limits, quotas, authentication, or other technical restrictions;
Upload malware, or interfere with or disrupt the integrity, security, or performance of the Service;
Use the Service to generate or distribute spam, deceptive marketing, or content that misrepresents Output as verified fact.

6.2 Usage limits and fair use

Your plan determines your quotas — including scans per period, number of tracked sources or topics, analysis timeframes, evidence depth per result, seats, and API calls. The quotas applicable to your plan are those described at the time of purchase or in your order form.

You agree to:

Operate within the quotas associated with your plan;
Not circumvent, bypass, or attempt to bypass quotas, including by creating multiple Accounts, sharing credentials, or rotating payment methods;
Not use automated tools, scripts, or headless clients to access the Service at a volume or rate inconsistent with normal human use, except through an API we expressly provide;
Not use the Service in a way that materially degrades performance or availability for other users.

Enforcement. Where your usage exceeds your quotas or is inconsistent with this Section, we may, proportionately to the circumstances: (a) rate-limit or queue requests; (b) decline requests in excess of quota; (c) contact you to discuss an appropriate plan; or (d) suspend the Account. Except where immediate action is necessary to protect the Service, other users, or third parties, or where the excess usage is deliberate circumvention, we will give you notice and a reasonable opportunity to bring usage back within limits before suspending.

Quota changes. We may adjust the quotas attached to a plan on thirty (30) days' notice. If a change materially reduces the quotas of your paid plan, Section 3 (Changes to the Service) applies.

6.3 Investigation

We may investigate suspected violations of this Section and may suspend access without prior notice where we reasonably believe suspension is necessary to protect the Service, other users, or third parties. We will restore access promptly if the concern is resolved.

7. Your Content

You retain all ownership of Your Content. We claim no ownership in it.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, and process Your Content solely to operate, secure, support, and improve the Service for you, and to the extent necessary to comply with law. This license ends when you delete Your Content or close your Account, subject to reasonable backup retention periods described in our Privacy Policy.

You represent that you have the rights necessary to submit Your Content and that it does not infringe or violate any third party's rights or applicable law.

8. Output and AI-Generated Material

Ownership. As between you and us, you own the Output generated for you, and may use it for your internal business purposes and in your own products and materials. We retain ownership of the Service, the models and prompts we operate, and any Output we generate for other users.

Non-exclusivity. Output is generated by statistical systems from public data. Identical or substantially similar Output may be generated for other users. We make no representation that Output is unique to you, and you may not claim exclusivity over it.

No warranty of accuracy. Output may misattribute quotes, overstate or understate the prevalence of a pain point, cite sources inaccurately, or describe products, companies, or markets incorrectly. Scores and rankings are heuristic estimates, not measurements.

Human review required. You are solely responsible for reviewing and verifying Output before using it in any decision, publication, pitch, filing, or communication. Do not use Output as the sole basis for any decision with legal, financial, employment, or safety consequences.

Third-party AI providers. Output is generated with the assistance of third-party AI providers, currently Anthropic. Content you submit to the Service, including topic names, keywords, and prompts, may be transmitted to those providers for processing, subject to their terms and to our Privacy Policy.

Model changes. We may add, replace, or upgrade the AI providers and models we use. Model changes can alter the wording, scoring, and ranking of Output over time, and Output generated at different times may not be consistent or reproducible. Where a change to our subprocessor list is material, we will update the list and, for paid plans, give notice before the change takes effect.

9. Third-Party Content and Data Sources

Third-Party Content belongs to its original authors and platforms, not to us. We are not affiliated with, endorsed by, or sponsored by any Third-Party Platform, and platform names and marks referenced in the Service are the property of their respective owners and are used for identification only. We do not warrant the accuracy of any Third-Party Content.

The Service may display excerpts, links, or summaries of Third-Party Content. Your use of the Service, and of any Third-Party Content surfaced through it, must comply with the terms of service of the relevant Third-Party Platform.

Removal requests. If you believe Third-Party Content displayed through the Service infringes your copyright, or that content identifiable to you should be removed, contact contact@painradar.ai with the URL, a description of the material, and your contact information. We will review and, where appropriate, remove or restrict it. Copyright notices should follow the requirements of 17 U.S.C. § 512(c)(3) and be sent to our designated agent identified in Section 20.

10. Privacy and Data Protection

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.

Third-Party Content analyzed by the Service may contain personal data of individuals who are not our users. We process such data on the basis of legitimate interests in providing market-research analytics, and we take steps to limit the retention and display of information identifying individuals. Individuals may contact contact@painradar.ai to exercise applicable rights.

Where you use the Service to process personal data and applicable data protection law makes you a controller and us a processor, our Data Processing Addendum applies and is available at painradar.ai/dpa or on request.

11. Intellectual Property

The Service, including its software, models, prompts, design, documentation, and branding, is owned by us and protected by intellectual property laws. Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription term. All rights not expressly granted are reserved.

Feedback. If you send us suggestions, feature requests, or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction or compensation.

12. Confidentiality

Each party may receive non-public information of the other. The receiving party will protect it with reasonable care, use it only to perform under these Terms, and not disclose it except to personnel and advisors bound by similar obligations or as required by law. This does not apply to information that is public through no fault of the receiving party, independently developed, or lawfully received from a third party.

13. Disclaimers

THE SERVICE, OUTPUT, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT ANY DEFECT WILL BE CORRECTED, THAT ANY PARTICULAR DATA SOURCE WILL REMAIN AVAILABLE, OR THAT OUTPUT WILL BE ACCURATE OR COMPLETE. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISION MADE IN RELIANCE ON OUTPUT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. WHERE THAT IS THE CASE, THE ABOVE EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED, AND ANY MANDATORY STATUTORY WARRANTY IS LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY LAW.

14. Indemnification

You will defend, indemnify, and hold harmless PainRadar LLC and its members, officers, employees, and agents from and against any third-party claim, and any resulting losses, damages, liabilities, settlements, and reasonable legal fees, arising out of or relating to: (a) your use of the Service or Output; (b) Your Content; (c) your breach of these Terms or of any Third-Party Platform's terms; or (d) your violation of applicable law or of any third party's rights.

We will notify you of any such claim, give you control of the defense (provided any settlement that admits fault or imposes obligations on us requires our consent, not to be unreasonably withheld), and cooperate at your expense.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS DO NOT APPLY TO: FRAUD OR FRAUDULENT MISREPRESENTATION; DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 14; YOUR PAYMENT OBLIGATIONS; OR ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

THE PARTIES AGREE THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN AND APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16. Term, Suspension, and Termination

These Terms apply from your first use of the Service until terminated.

By you. You may stop using the Service and close your Account at any time. See Section 5 for the effect on billing.

By us. We may suspend or terminate your access: (a) for material breach of these Terms, with notice and a reasonable opportunity to cure where the breach is curable; (b) immediately, where we reasonably believe continued access poses a legal, security, or operational risk, or where required by law; or (c) for convenience on thirty (30) days' notice, in which case we will refund prepaid fees for the unused portion of your term.

Effect of termination. Your license to use the Service ends immediately. We will make Your Content available for export for thirty (30) days after termination, after which we may delete it in accordance with our Privacy Policy. Output you have already exported remains yours to use.

Survival. Sections 7 (as to representations), 8, 9, 11, 12, 13, 14, 15, 17, 18, and 20, and any accrued payment obligations, survive termination.

17. Dispute Resolution

Informal resolution first. Before filing a claim, you agree to contact us at contact@painradar.ai with a written description of the dispute and to attempt in good faith to resolve it for sixty (60) days.

Binding arbitration. If the dispute is not resolved, any claim arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (for consumers) or Commercial Arbitration Rules (otherwise). Arbitration will take place in Bernalillo County, New Mexico, or by videoconference or on documents at your election. Judgment on the award may be entered in any court of competent jurisdiction.

Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or to address unauthorized access to the Service.

Class action waiver. Claims may be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. If this waiver is held unenforceable as to any claim, that claim is severed from arbitration and proceeds in court.

Opt-out. You may opt out of this Section 17 by emailing contact@painradar.ai within thirty (30) days of first accepting these Terms, stating your name and intent to opt out. Opting out does not affect any other provision.

Consumers outside the U.S. Nothing in this Section deprives a consumer of the right to bring proceedings in the courts of their country of residence where mandatory local law so provides.

18. Governing Law and Venue

These Terms are governed by the laws of the State of New Mexico, USA, without regard to its conflict-of-law principles, and excluding the U.N. Convention on Contracts for the International Sale of Goods.

Subject to Section 17, the state and federal courts located in Bernalillo County, New Mexico have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there.

If you are a consumer resident in the EU, UK, or another jurisdiction whose mandatory consumer protection law cannot be excluded by agreement, nothing in these Terms deprives you of the protection of that law or of the right to bring proceedings in your country of residence.

19. General

Changes to these Terms. We may update these Terms. For material changes we will give at least thirty (30) days' notice by email or in-Service notice before they take effect. Continued use after the effective date constitutes acceptance. If you do not accept a material change, you may cancel before it takes effect and receive a pro-rata refund of prepaid fees.

Notices. We may send notices to the email address on your Account; you are responsible for keeping it current. Notices to us go to contact@painradar.ai and, where legally required, to the postal address in Section 20.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of substantially all assets, on notice to you.

Force majeure. Neither party is liable for failure to perform (other than payment obligations) due to causes beyond its reasonable control, including acts of God, war, terrorism, labor disputes, government action, internet or hosting failures, and the withdrawal or restriction of access by a Third-Party Platform.

Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions remain in effect.

Waiver. Failure to enforce any provision is not a waiver of it.

No third-party beneficiaries. These Terms create no rights in any third party.

Independent contractors. Nothing here creates a partnership, joint venture, agency, or employment relationship.

Entire agreement. These Terms, together with the documents incorporated by Section 1, are the entire agreement between you and us on this subject and supersede all prior discussions, marketing statements, and representations.

Language. These Terms are drafted in English. Any translation is provided for convenience; the English version controls to the extent permitted by law.

20. Contact

PainRadar LLC 8206 Louisiana Blvd NE, Ste A #7683 Albuquerque, NM 87113, USA contact@painradar.ai

Copyright / DMCA designated agent: [name and email to be added upon registration with the U.S. Copyright Office — see Section 9]