Terms of Service - Pace Generative

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Last Updated: June 13, 2025

Welcome to Pace Generative! These Terms of Service (“Terms”) are a legally binding contract between you or the entity you represent (“you” or “Client”) and Pace Generative LLC (“Pace Generative,” “we,” “us,” or “our”). These Terms govern your access to and use of our website, pacegenerative.com (the “Site”), and all related services, including our Generative Engine Optimization services (collectively, the “Services”).

By accessing our Site, creating an account, or using our Services, you agree to be bound by these Terms. You represent that you are at least 18 years old and have the legal authority to enter into this agreement. If you are using our Services on behalf of an organization or agency, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these Terms.² If you do not agree to these Terms, you may not use our Services.

1. Description of Services

Pace Generative provides “Generative Engine Optimization” (GEO) services. Our goal is to enhance your brand’s visibility within AI-driven search and response platforms. Our Services include, but are not limited to:

Content Strategy & Creation: Developing and authoring question-based and other strategic content designed to perform well in AI-generated answers.
Website Optimization: Analyzing and providing recommendations to optimize your site structure and content for AI crawlers.
Strategic Publishing: Publishing and promoting content across relevant digital channels to build authority and relevance.

Specific services, deliverables, and fees will be outlined in a separate Statement of Work (“SOW”) or client agreement, which is incorporated into these Terms by reference.

2. Client Responsibilities

To ensure the success of our Services, you agree to provide:

Access: Timely access to necessary resources, which may include your website’s content management system, analytics data, and key personnel.
Feedback: Timely review and approval of content and strategies we develop.
Information: Accurate and complete information about your business, products, and services as reasonably required for us to perform the Services.

You are responsible for the legality of your business, services, and all content you provide to us.

3. Intellectual Property Rights

Our Intellectual Property: All content, trademarks, logos, and software on the Site, as well as our proprietary methods, strategies, and processes for providing the Services (“Pace Generative IP”), are the exclusive property of Pace Generative LLC and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Site and Services for your internal business purposes only.
Client Content & Deliverables: You retain all ownership rights to the pre-existing information and content you provide to us (“Client Content”). Upon your full and final payment for the Services, you will own the final, custom content and deliverables we create specifically for you (“Final Deliverables”).
Our Right to Use: You grant Pace Generative a perpetual, worldwide, royalty-free license to use, display, and publish the Final Deliverables as part of our portfolio, in case studies, and for other marketing or promotional purposes. We will make reasonable efforts to notify you of such use.

Exception for White-Label Services: Notwithstanding the foregoing, if Services are provided to an Agency on a white-label basis as defined in Section 4.B, the license granted to Pace Generative in this section shall not apply. For such projects, Pace Generative has no right to use the Final Deliverables or reference the End-Client in any of its marketing or promotional materials. The confidentiality obligations of Section 4.B shall supersede the rights granted in this Section 3.C.

4. Confidentiality

Definition of Confidential Information: “Confidential Information” means all non-public information disclosed by one party (“Disclosing Party”) to the other (“Receiving Party”) that is marked “confidential” or would reasonably be understood to be confidential. Your Confidential Information includes your non-public business data and Client Content. Our Confidential Information includes our proprietary GEO strategies, pricing, and internal processes.
White-Label Services & Non-Disclosure of Relationship for Agencies: If you are an Agency, reseller, or partner (“Agency”) purchasing Services for the purpose of reselling them to your own client (“End-Client”), the following terms shall apply:
1. Obligation of Anonymity: Pace Generative agrees to operate as an anonymous, white-label provider. We will not intentionally disclose our role as the service provider to the End-Client or to the public in any manner that links us to the End-Client.
2. No Client Contact: Pace Generative will not initiate contact with, or respond to communications from, the End-Client without your express prior written consent. All project-related communications will be conducted solely through you, the Agency. If an End-Client contacts us directly, we will refer them back to you.
3. Confidentiality of Relationship: The fact that Pace Generative is providing Services to you on behalf of the End-Client is considered Confidential Information belonging to you, the Agency. Pace Generative agrees not to disclose this relationship.
General Obligations: The Receiving Party will only use the Disclosing Party’s Confidential Information to perform its obligations under these Terms and will protect it with the same degree of care it uses for its own confidential information (but no less than reasonable care). The Receiving Party will not disclose this information to any third party without the Disclosing Party’s prior written consent, except as permitted herein.
Exclusions: Confidential Information does not include information that is: (a) publicly known without a breach of these Terms; (b) already known to the Receiving Party at the time of disclosure; (c) rightfully received from a third party without confidentiality restrictions; or (d) independently developed by the Receiving Party.
Required Disclosure: We may disclose Confidential Information if required by law, provided we give you prior notice (if legally permitted) so you may seek a protective order.

5. Prohibited Activities

You agree not to:

Use the Services for any illegal or unauthorized purpose.
Post or transmit any unlawful, threatening, or defamatory material.
Use any automated system, such as “bots” or “scrapers,” to access the Site for any purpose without our express written permission.
Introduce any viruses, Trojan horses, worms, or other malicious code to the Site or Services.
Attempt to reverse engineer, decompile, or otherwise discover the source code of any Pace Generative IP.

Violation of these terms may result in immediate suspension or termination of your access to our Services.

6. Third-Party Services and Links

Our Site may contain links to third-party websites or services that are not owned or controlled by Pace Generative. We are not responsible for the content, privacy policies, or practices of any third-party sites. Furthermore, our Services may utilize third-party AI platforms. While we vet these platforms for security and reliability, we are not responsible for their operations.

7. Term and Termination

These Terms remain in effect as long as you use our Services. We may suspend or terminate your access to the Site and Services at any time, with or without cause, by providing you with written notice. You may terminate your relationship with us at any time as specified in your SOW or by providing 30 days written notice. Upon termination, your right to use the Services will cease, and any outstanding payments will become immediately due. Clauses 3, 4, 9, 10, 11, and 12 will survive termination.

8. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which can be found at pacegenerative.com/privacy. Our Privacy Policy is incorporated into these Terms by reference.

9. Disclaimers

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PACE GENERATIVE DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED,⁹ ERROR-FREE, OR THAT THE RESULTS OBTAINED WILL MEET YOUR EXPECTATIONS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PACE GENERATIVE, ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTALCUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO PACE GENERATIVE IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless Pace Generative and its affiliates, officers, directors, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any claim that your Client Content caused damage to a third party.

12. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good-faith informal negotiations for a period of at least thirty (30) days. If negotiations fail, the dispute shall be resolved through binding arbitration in Delaware, administered by the American Arbitration Association. Any legal claims must be brought in the state or federal courts located in Delaware.

13. General Provisions

Modifications: We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on the Site and updating the “Last Updated” date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.
Entire Agreement: These Terms, together with any SOW and our Privacy Policy, constitute the entire agreement between you and Pace Generative.
Severability: If any provision of these Terms is deemed invalid, the remaining provisions will continue in full force and effect.
Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term.
Electronic Communications: You consent to receive communications from us electronically, such as emails and notices on the Site. You agree that all agreements, notices, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
California Residents: If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing or by telephone.

14. Contact Us

If you have any questions about these Terms, please contact us:

Pace Generative LLC

Email: [email protected]

Website: pacegenerative.com/contact