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Terms of Service
Last updated: April 4, 2026
These Terms of Service ("Terms") govern your use of the ProvenMachine website, tools, and services ("Services") operated by ProvenMachine LLC ("we," "us," "our," or "ProvenMachine"), an Illinois limited liability company. By accessing or using our Services, you agree to be bound by these Terms in their entirety. If you do not agree, do not use our Services.
1. Services
ProvenMachine provides AI-powered website auditing, analysis, and optimization services for businesses. Our Services include:
- Free website audits — Automated, AI-generated analysis of publicly accessible websites available at no cost.
- Paid optimization packages — One-time website improvement services including copy rewriting, SEO optimization, performance tuning, and related deliverables.
- Monthly retainer services — Ongoing website monitoring, optimization, and continuous improvement on a recurring basis.
2. AI-Generated Content Disclaimer
Please read this section carefully. ProvenMachine uses artificial intelligence to generate audits, recommendations, reports, and other content. By using our Services, you acknowledge and agree to the following:
- AI may contain errors. AI-generated content may include inaccuracies, incomplete information, or hallucinations (plausible-sounding but incorrect statements). You should independently verify all AI-generated recommendations before acting on them.
- Not professional advice. Nothing provided by ProvenMachine constitutes legal, financial, medical, or other professional advice. Our Services provide general website optimization suggestions only.
- AI has inherent limitations. AI models cannot fully understand the nuances of your specific business, industry regulations, competitive landscape, or target audience. Recommendations are based on general patterns and publicly available information.
- Free tool — minimal human oversight. Results from our free audit tool are generated entirely by AI with minimal or no human review. They should be treated as starting points for further investigation, not as definitive assessments.
- Paid services include human review. Our paid packages include human expert review and refinement of AI-generated recommendations before delivery. However, even human-reviewed content may contain errors.
- No guaranteed business outcomes. We do not guarantee any specific results, including but not limited to increased traffic, higher conversion rates, improved search rankings, or increased revenue. Results vary based on many factors beyond our control.
- AI models may change. We use third-party AI models that may be updated, changed, or discontinued at any time. This may affect the consistency, quality, or availability of AI-generated content. We are not liable for changes made by AI model providers.
3. Website Crawling & Data Collection
When you submit a URL for analysis, you acknowledge and agree to the following:
- Publicly accessible content only. Our crawling tools access only publicly available web pages. We do not bypass authentication, paywalls, or access-restricted content.
- Authorization representation. By submitting a URL, you represent and warrant that you either own the website or have explicit authorization from the website owner to have it analyzed by our Services.
- Robots.txt compliance. Our crawlers respect robots.txt directives and standard web crawling conventions.
- No full copies stored. We do not store full copies of crawled web pages. We extract and retain only the data necessary to generate audit reports and recommendations.
- Content transmitted to AI providers. Extracted website content may be transmitted to third-party providers we use to deliver the Services, including Anthropic, Google Gemini, and Google PageSpeed Insights, for analysis and report generation. By using our Services, you consent to this transmission. These providers have their own terms and privacy policies.
- User indemnification for unauthorized URLs. You agree to indemnify and hold ProvenMachine harmless from any claims, damages, or liabilities arising from your submission of URLs you are not authorized to analyze. See Section 11 (Indemnification) for full details.
4. Free Audit Tool
The free audit tool is subject to the following terms:
- The free audit tool is provided "as is" without any warranty of any kind, express or implied.
- You may only audit websites you own or have explicit permission to analyze.
- We reserve the right to impose rate limits, restrict access, or block usage of the free tool at our sole discretion and without prior notice.
- All audit results are AI-generated recommendations with minimal or no human oversight. They should not be considered professional advice.
- We are not responsible for any actions taken or decisions made based on free audit results.
- We may modify, suspend, or discontinue the free audit tool at any time without notice or liability.
5. Paid Services
Packages and Pricing:
- Quick Fix — $497 (one-time)
- Growth — $1,497 (one-time)
- Dominate — $2,997 (one-time)
- Monthly Retainer — $497/month
Prices are subject to change. The pricing displayed at the time of your purchase applies to your order.
Payment Terms: Full payment is required before work begins on one-time packages. For monthly retainers, payment is due at the start of each billing period. All payments are processed securely through our payment provider. Failure to pay on time may result in suspension of services.
Delivery Timelines: We provide estimated delivery dates for all paid services. These are good-faith estimates, not guaranteed deadlines. We will communicate any anticipated delays promptly. Delivery timelines begin only after we receive full payment and all required information and access from you.
6. Money-Back Guarantee
We offer a 100% money-back guarantee on all one-time packages under the following conditions:
- You must request a refund within 14 days of project delivery/completion.
- You must provide specific, reasonable feedback explaining why you are unsatisfied with the deliverables.
- You must not have denied us the access or information necessary to implement the agreed-upon changes.
- The guarantee does not apply if project delays were caused by your unresponsiveness or failure to provide required materials.
Refund Process: To request a refund, email refunds@provenmachine.com within 14 days of project completion. Include your order details and specific feedback. We will process approved refunds within 10 business days to your original payment method.
Monthly Retainers: Retainer subscriptions can be cancelled at any time. No refunds are issued for partial months. Cancellation takes effect at the end of the current billing period.
7. Your Responsibilities
When using our Services (free or paid), you agree to:
- Provide accurate information. All business information, website details, and credentials you provide must be accurate and current.
- Respond in a timely manner. For paid services, respond to our communications and requests for information within a reasonable timeframe. Delays caused by unresponsiveness may affect delivery timelines.
- Have the legal right. You must have the legal authority and right to modify the website(s) submitted for our Services.
- Maintain backups. Back up your website and all associated data before we begin any work. While we also take precautionary backups, ultimate responsibility for your data lies with you.
- Review before going live. Review and approve all changes and deliverables before they are published or implemented on your live website. Once you approve changes for deployment, you accept responsibility for their impact.
8. Intellectual Property
- Client ownership of deliverables. All work product we create specifically for you (copy, code, page designs, images, reports) becomes your property upon receipt of full payment. Until full payment is received, all deliverables remain our property.
- ProvenMachine retains tools and methods. Our proprietary tools, templates, methodologies, frameworks, AI prompts, and internal systems remain our exclusive intellectual property. Nothing in these Terms grants you any rights to our underlying tools or processes.
- Portfolio rights. We retain the right to showcase your project (including screenshots and general descriptions) in our portfolio, case studies, and marketing materials. You may opt out of this by notifying us in writing at any time, and we will remove your materials within 30 days.
- The ProvenMachine name, logo, and branding are our trademarks and may not be used without our written permission.
9. Limitation of Liability & Warranty Disclaimer
To the maximum extent permitted by applicable law:
- Liability cap. Our total aggregate liability for any and all claims related to our Services is limited to the total amount you paid to ProvenMachine in the 12 months preceding the claim.
- Free user liability cap. For users of our free audit tool who have not purchased any paid services, our maximum total liability is limited to $100 USD.
- AI errors. We are not liable for any errors, inaccuracies, or hallucinations in AI-generated content, including but not limited to audit reports, recommendations, and analyses.
- Implementation without testing. We are not liable for any damages resulting from your implementation of our recommendations without adequate testing, review, or professional consultation.
- No indirect damages. We are not liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, lost data, business interruption, loss of goodwill, or cost of replacement services, regardless of the theory of liability.
- We are not responsible for third-party services, platforms, or providers (including hosting providers, CMS platforms, AI model providers, and payment processors).
WARRANTY DISCLAIMER: ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PROVENMACHINE EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PROVENMACHINE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
10. Force Majeure
ProvenMachine shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from circumstances beyond our reasonable control, including but not limited to:
- Natural disasters (earthquakes, floods, hurricanes, fires, epidemics, pandemics)
- Internet outages, telecommunications failures, or infrastructure disruptions
- Third-party service failures (AI model providers, hosting services, payment processors, cloud infrastructure)
- Cyberattacks, DDoS attacks, data breaches, or other security incidents
- Government actions, regulations, embargoes, sanctions, or legal restrictions
- War, terrorism, civil unrest, or labor disputes
In the event of a force majeure, we will make reasonable efforts to notify you promptly and resume performance as soon as practicable. If the force majeure event continues for more than 60 days, either party may terminate the affected services.
11. Indemnification
You agree to indemnify, defend, and hold harmless ProvenMachine LLC, its owners, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of our Services, including both free and paid offerings
- Your violation of these Terms or any applicable law or regulation
- Your submission of URLs you are not authorized to have analyzed, including any resulting intellectual property claims or privacy violations
- Any third-party claims arising from your implementation of our recommendations, reports, or deliverables
- Any inaccurate information or credentials you provide to us, including damages resulting from incorrect business data or unauthorized access credentials
This indemnification obligation survives the termination of these Terms and your use of our Services.
12. Website Credentials & Access
For paid services that require access to your website, the following applies:
- Confidentiality. We treat all login credentials and access information as strictly confidential. Access is limited to team members directly involved in your project.
- Sole purpose. Credentials are used solely to implement the agreed-upon changes and deliverables for your project. We will not use your access for any other purpose.
- Deletion within 7 days. We securely delete all credentials and access information within 7 days of project completion or termination.
- Password change recommended. We strongly recommend that you change all passwords and access credentials after project completion as a security best practice.
- Encryption. All credentials are encrypted at rest using AES-256 encryption and transmitted only over encrypted connections.
- Never sent to AI APIs. Your login credentials, passwords, and access tokens are never transmitted to third-party AI model providers or any external API. They are used exclusively by our team for direct website access.
13. Acceptable Use
You may not:
- Use our audit tool or Services to scan, analyze, or interact with websites you do not own or do not have explicit written permission to analyze.
- Attempt to bypass rate limits, security measures, authentication systems, or any technical restrictions on our Services.
- Use our Services for any illegal, harmful, fraudulent, or unethical purpose.
- Reverse engineer, decompile, disassemble, scrape, or resell our tools, reports, or any part of our Services.
- Submit malicious URLs, payloads, scripts, or any content designed to harm our systems, other users, or third parties.
Violation of these acceptable use terms may result in immediate termination of your access without refund.
14. Termination
We reserve the right to suspend or terminate your access to our Services at any time, with or without cause, if you violate these Terms or if we reasonably believe your use poses a risk to our systems, other users, or third parties.
For paid services terminated by ProvenMachine (other than for cause), we will provide a pro-rated refund for any undelivered work or unused portion of your retainer. No refund is owed for terminations resulting from your violation of these Terms.
Upon termination, your right to use our Services ceases immediately. Sections that by their nature should survive termination (including Limitation of Liability, Indemnification, Dispute Resolution, and Intellectual Property) shall survive.
15. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and all remaining provisions shall continue in full force and effect.
16. Dispute Resolution
Governing Law: These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles.
Arbitration: Any disputes arising from or relating to these Terms or our Services shall first be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in the State of Illinois.
Costs: Each party shall bear its own arbitration costs and attorneys' fees, unless the arbitrator determines otherwise.
Small claims exception: Either party may bring an individual action in small claims court in Illinois if the claim qualifies. Small claims court actions are exempt from the arbitration requirement.
17. Changes to These Terms
We may update these Terms at any time by posting the revised version on our website with an updated "Last updated" date. Your continued use of our Services after any changes constitutes your acceptance of the revised Terms.
For material changes that significantly affect your rights or obligations, we will make reasonable efforts to notify existing customers via email or prominent notice on our website at least 14 days before the changes take effect.
18. Contact
Questions about these Terms? Contact us:
ProvenMachine LLC
Brookfield, IL 60513
Email: legal@provenmachine.com
Website: provenmachine.com