Terms of Use

1. The service

Potcake checks how AI assistants such as ChatGPT, Perplexity, Gemini, Claude and Google’s AI features talk about a business, compares it with competitors, checks whether its website is ready for AI search, and suggests fixes. What you can use depends on your plan, as described on the pricing page. We may improve, change or retire features over time; if we remove a core feature of a paid plan, we will tell you in advance.

2. Accounts

Give accurate information and keep it up to date. Keep your password private and use a unique one. You are responsible for activity under your account and for the people you invite to it. Tell us right away at together@m38partners.com if you think your account has been used without permission. You must be at least 18 to use Potcake.

3. Plans, billing and renewal

• Billing in advance. Paid plans are billed monthly or yearly, in advance, through our payment provider Stripe, in US dollars.
• Automatic renewal. Your plan renews automatically at the end of each billing period, and your payment method is charged the then-current price, until you cancel.
• Price changes. We will give you at least 30 days’ notice by email before a price change applies to your plan. The new price starts at your next renewal after the notice period. If you don’t agree, you can cancel before it takes effect.
• Upgrades and downgrades. Upgrades take effect right away, and the payment provider may charge the difference for the rest of the period. Downgrades take effect at your next renewal.
• Taxes. Prices don’t include taxes. Where the law requires, applicable sales or similar taxes are added at checkout.
• Failed payments. If a payment fails, we may retry it and may pause or limit your plan until it is paid.

4. Cancellation and refunds

You can cancel at any time from your account’s billing settings or by emailing us. Cancellation stops future renewals; you keep access to your plan until the end of the period you have already paid for.

Payments are non-refundable. We do not give refunds or credits for partial billing periods, unused features or checks, downgrades, or periods when you did not use Potcake, except where the law requires otherwise.

5. Plan limits

Each plan includes the limits shown on the pricing page, such as the number of buyer questions, AI apps, competitors, how often checks run, and how many of each finding are shown. Unused allowances don’t carry over. We may apply reasonable fair-use limits to protect the service for everyone.

6. Acceptable use

You agree not to:

• check, crawl or connect a website, store or account that you don’t own or aren’t authorized to analyze;
• try to get around a website’s security, firewall or access rules, or Potcake’s own security, plan limits or captcha;
• overload, disrupt or attack Potcake or any website through it;
• copy, resell, sublicense or share Potcake access, or use it to build a competing product, without our written permission;
• reverse engineer Potcake, except where the law allows it;
• enter unlawful, infringing or harmful content, or personal information about others that you have no right to share;
• use Potcake to send spam or for any unlawful purpose.

7. Your content and data

You keep ownership of the business information, questions, files and connected data you put into Potcake (“your content”). You give us permission to store, process and use your content only to provide, secure and improve Potcake for you, including sending it to the service providers described in our Privacy Policy. We may use aggregated, de-identified information that does not identify you or your business to understand and improve Potcake. You can export your data while you have an account. Our Privacy Policy explains how we handle personal information.

8. AI results and recommendations

AI assistants change their answers often, and the same question can get different answers from one day to the next. Potcake reports what the AI apps said when the check ran. Scores, findings, suggested fixes, FAQs, copy and plans are generated with the help of AI and are recommendations, not guarantees. We do not promise any particular ranking, visibility in AI answers, traffic, leads or revenue. Review recommendations before you use them; you are responsible for the changes you make to your website and marketing, and for checking that content you publish is accurate and lawful.

9. Third-party services

Potcake works with services we don’t control, such as AI providers, Shopify, Google and Stripe. Your use of a connected service is governed by its own terms. We are not responsible for third-party services, their availability, or changes they make that affect Potcake.

10. Extended Team services

If M38 Partners does work for you through Potcake Extended Team or another engagement, that work is governed by a separate written agreement or statement of work signed by both parties. If it conflicts with these Terms, the signed agreement controls for that work.

11. Our intellectual property

Potcake, including its software, design, reports format and content we create, belongs to Meraki Business Consulting LLC and its licensors. Potcake™ and M38 Partners™ are trademarks of Meraki Business Consulting LLC. While you have an account, we give you a limited, non-exclusive, non-transferable right to use Potcake for your internal business purposes under these Terms. You may use and share the reports and content Potcake produces for your business. If you send us feedback or ideas, we may use them without any obligation to you.

12. Suspension and termination

We may suspend or end your access if you break these Terms, don’t pay, or use Potcake in a way that could harm us, other users or third parties. Where it’s reasonable, we will tell you first and give you a chance to fix the problem. If we end your plan without cause, we will refund the unused part of the period you paid for. Sections that by their nature should survive (such as payment owed, ownership, disclaimers, limits of liability and disputes) survive termination.

13. Disclaimers

Potcake is provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement. We don’t promise Potcake will be uninterrupted or error-free, or that every website can be checked (for example, a site’s firewall may block Potcake).

14. Limitation of liability

To the fullest extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or business opportunities. Our total liability for all claims relating to Potcake is limited to the amount you paid us for Potcake in the 12 months before the event giving rise to the claim. These limits don’t apply to liability that can’t be limited by law.

15. Indemnity

You agree to defend and indemnify M38 Partners against third-party claims arising from your content, your use of Potcake in breach of these Terms, or your violation of law or of someone else’s rights, including claims about websites you checked without authorization.

16. Governing law and disputes

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law rules. Any dispute relating to Potcake or these Terms will be brought only in the state or federal courts located in the State of New York, and both parties consent to their jurisdiction. Before filing a claim, please contact us so we can try to resolve it informally.

17. Changes to these Terms

We may update these Terms. We will update the effective date above and, for material changes, notify account holders by email or in Potcake at least 30 days before they take effect. Continuing to use Potcake after that means you accept the updated Terms.

18. General

These Terms, together with our Privacy Policy and any order or plan you choose, are the entire agreement about Potcake. If any part is found unenforceable, the rest stays in effect. Our not enforcing a provision is not a waiver. You may not transfer these Terms without our consent; we may transfer them as part of a merger, sale or reorganization. Notices to us go to together@m38partners.com; notices to you go to your account email.