Terms of Service

1. Who we are

Shortlist Commerce ("Shortlist," "we," "us") is a consulting business based in Austin, Texas. These Terms govern your use of shortlistcommerce.com (the "Site") and the services we provide. By using the Site or purchasing services, you agree to these Terms. If you're acting for a company, you confirm you have authority to bind it.

2. Our services

We offer three services, described on the Site and in the written order, proposal or email we send you (an "Order"): the Agent Shelf Report, a free assessment of how often AI assistants and agents choose your brand against named competitors; the Agent Visibility Sprint, a fixed-scope engagement to improve how AI systems find, understand and transact with your products; and Agent Rank Monitoring, a monthly subscription that re-runs your measurements and reports what changed. Where an Order and these Terms conflict, the Order controls. We don't provide services outside those described in an Order.

3. No guarantees

AI assistants, agents and search engines (ChatGPT, Gemini, Perplexity, Google AI Mode, Muse and others) are operated by third parties. We don't control them, and their behavior changes without notice. We don't promise that your products will be recommended, ranked, listed, purchased or shown in any particular way, or that you'll receive any amount of traffic, orders or revenue. What we report is what we measured, with the method and its variance shown. Any figure describing potential or lost revenue is an estimate, and we'll show you how we arrived at it.

4. How we measure

Our measurements come from a fixed set of buyer questions run repeatedly across AI platforms on accounts we control. Results vary by platform, time, location, account history and chance, so we report repetitions and ranges rather than single answers. Estimates of what a change is worth draw on your own analytics (with your permission) and on published industry benchmarks, and we'll always say which.

5. Fees and payment

Fees are stated in your Order. The Agent Shelf Report is free. Sprint fees are due before work starts unless the Order says otherwise. Monitoring is billed monthly in advance; you can cancel at any time, cancellation takes effect at the end of the current billing period, and we don't prorate. Fees are in US dollars and exclude any taxes you owe. Invoices unpaid 15 days after their due date may accrue interest at 1.5% per month or the highest rate the law allows, whichever is less, and we may pause work until they're paid. Except where these Terms or an Order say otherwise, fees are non-refundable once work has begun.

6. What we need from you

Timely access to the accounts, systems and people the work requires (for example your storefront, product data, analytics and feed accounts); accurate information; prompt review of what we send you; and your confirmation that you have the right to let us make the changes you've approved. If access or approvals are delayed, timelines move with them. You're responsible for the accuracy and legality of your product claims. We won't write or publish claims you can't substantiate.

7. Third-party platforms

We follow the published rules of the platforms involved. We don't post fake reviews, undisclosed endorsements or manipulated content, and we won't do so on your behalf. If a platform's rules restrict something an Order anticipates, we'll tell you and adjust the scope.

8. Intellectual property

Your work product. Once paid for, you own the reports we prepare for you, the content we write for you, and the changes we implement on your properties.

Ours. We own our methods, tools, software, query panels and corpora, templates, benchmarks and know-how, including improvements made while serving you. You receive a non-exclusive, perpetual license to use anything of ours that's embedded in your deliverables, for your own business.

Your materials. You keep ownership of everything you give us, and you grant us a license to use it only to perform the services.

Benchmark data. We may keep and use data from engagements in anonymized, aggregated form, including in a published index of AI recommendation share, provided it doesn't identify you or your confidential information.

9. Case studies and publicity

If your Order includes a founding rate, you agree we may describe the engagement and its measured results in a case study that names your brand, subject to your review of the draft, which you won't unreasonably withhold. Otherwise we'll name you only with your written consent. We may list you as a client by name and logo unless you tell us not to.

10. Confidentiality

Each of us will keep the other's non-public information confidential and use it only for the engagement, with the usual exceptions: information that is or becomes public through no fault of the recipient, that the recipient already had or receives independently, or that must be disclosed by law, with notice where permitted. This obligation lasts three years after the engagement ends; trade secrets stay protected for as long as they remain trade secrets.

11. Disclaimers

The Site and services are provided "as is." To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. Nothing on the Site is legal, financial or regulatory advice.

12. Limitation of liability

To the fullest extent the law allows, neither of us is liable to the other for indirect, incidental, consequential, special or punitive damages, or for lost profits or revenue, however caused. Our total liability for anything arising out of the services or these Terms won't exceed the fees you paid us in the twelve months before the claim arose, or $100 for the free report. These limits don't apply to a breach of confidentiality, to the indemnities below, or to liability that can't be limited by law.

13. Indemnities

You'll defend and indemnify us against third-party claims arising from your products, your product claims, your materials or your breach of these Terms. We'll defend and indemnify you against third-party claims that our own tools or methods, as delivered, infringe a United States intellectual-property right, provided you notify us promptly and let us control the defense.

14. Term and termination

These Terms apply while you use the Site or services. Either of us may end an Order for a material breach that isn't cured within 15 days of written notice. You may cancel Monitoring at any time as described above. On termination you'll pay for work performed through the termination date. The sections on intellectual property, confidentiality, disclaimers, liability, indemnities and disputes survive.

15. Using the Site

You may use the Site for lawful purposes. Don't scrape it, interfere with it, or misrepresent your affiliation with us. The Site may link to third-party sites we don't control and aren't responsible for.

16. Disputes and governing law

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law rules. Before filing a claim, each of us agrees to try in good faith to resolve the dispute by discussion for at least 30 days. Any suit will be brought in the state or federal courts located in Travis County, Texas, and both of us consent to their jurisdiction.

17. General

These Terms and your Order are the entire agreement between us on their subject. If a provision is unenforceable, the rest stays in force. Neither of us may assign this agreement without the other's consent, except to a successor in a merger or sale of the business. Notices go to the email addresses we use with each other; ours is info@shortlistcommerce.com. Neither of us is liable for delays caused by events beyond reasonable control. We may update these Terms by posting a new version on the Site; the version in effect when you place an Order governs that Order.

18. Contact

Shortlist Commerce, Austin, Texas. info@shortlistcommerce.com