Terms of Service

1. Agreement to Terms

By accessing or using the AskMiko website and services (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

By completing a purchase, you confirm that:

• You are at least 18 years old
• You have read and agree to these Terms
• You won't use our reports to harass, stalk, or harm anyone

2. Company Information

AskMiko is a service operated by DiemLabs Inc. ("DiemLabs", "we", "us", "our"), a company based in Toronto, Ontario, Canada. We provide competitive intelligence services to customers in Canada and the United States.

Contact: For inquiries regarding these Terms, please contact us at legal@askmiko.com.

3. Service Description

AskMiko provides competitive intelligence reports that analyze publicly available information about websites. Our reports may include:

• Website trust and authority metrics (estimates)
• Traffic estimates and source breakdowns
• Keyword ranking analysis
• Keyword opportunity identification
• Top pages analysis
• Backlink profile information
• Google Ads transparency data
• Facebook and Instagram Ad Library data

Reports are generated instantly after payment and delivered through your browser. No account creation is required. The Service is dependent on third-party data sources and may be subject to availability.

4. Pricing and Payment

All prices are displayed in US Dollars (USD). Each report type is priced at $5 USD. A complete report bundle covering all analysis types is available for $35 USD.

Accepted Payment Methods:

• Credit and debit cards (processed by Stripe)
• PayPal
• Interac e-Transfer (Canada only)

All prices shown include applicable fees. Taxes (HST/GST) may apply based on your location. Payment processing is handled by third-party payment processors. We do not store your credit card information on our servers.

5. Refund Policy

Satisfaction Guarantee: If you are unsatisfied with your report for any reason, you may request a refund within 7 days of purchase.

Technical Issues: If the Service fails to deliver your report due to technical problems on our end, you are entitled to a full refund.

Process: To request a refund, please email legal@askmiko.com with your payment confirmation details.

Ontario Customers: Under the Ontario Consumer Protection Act, you may have the right to cancel certain remote agreements within 10 days of receiving a written copy of the agreement. Where required by law, we will honor these cancellation rights.

6. Data Sources and Accuracy

The data in our reports comes from third-party data providers and publicly available sources, including search engines, advertising transparency centers (Google Ads Transparency Center, Meta Ad Library), and SEO analysis tools.

All data presented in our reports represents estimates and approximations, not guaranteed facts.

You acknowledge and agree that:

• Traffic numbers are based on industry-standard estimation models and may vary from actual analytics
• Keyword rankings may fluctuate and vary by location
• Trust and authority scores are proprietary metrics from third-party tools
• Ad campaign data reflects publicly disclosed information only
• Data reflects a snapshot in time and may change as websites evolve
• Third-party data sources may have their own limitations and accuracy issues

While we work with trusted data providers, we cannot guarantee absolute accuracy or real-time completeness of all report data. The Service is designed to provide competitive intelligence and estimates to inform your business decisions, not to guarantee specific results or outcomes.

By purchasing a report, you acknowledge that you understand these limitations and accept the data "as is."

7. Intellectual Property

The Service, including its design, software, and content (excluding third-party data), is owned by DiemLabs Inc. and protected by copyright and other intellectual property laws.

License Grant: Upon purchase, you are granted a limited, non-exclusive, non-transferable license to use the report for your personal or internal business purposes only.

Prohibited Uses: You may not:

• Redistribute, resell, or sublicense reports to third parties
• Publish reports publicly without our written permission
• Use reports to create competing products or services
• Remove any copyright or proprietary notices from reports

8. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service to violate any applicable law or regulation
• Attempt to gain unauthorized access to any portion of the Service
• Use automated tools to scrape or extract data from our Service
• Reverse engineer, decompile, or disassemble the Service
• Interfere with or disrupt the Service or servers
• Use reports to harass, defame, or harm the subjects of analysis
• Submit false or misleading information
• Use the Service in any manner that could damage our reputation

9. Limitation of Liability

To the maximum extent permitted by law, DiemLabs Inc.'s total liability to you for any claims related to the Service is limited to the total amount you paid us in the twelve (12) months before the claim.

DiemLabs Inc. is not liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or business opportunities
• Any business decisions made based on report data
• Any errors or inaccuracies in third-party data sources
• Any service interruptions or unavailability
• Any unauthorized access to or alteration of your data

Carve-Outs: Nothing in these Terms limits our liability for fraud, gross negligence, willful misconduct, or any other liability that cannot be excluded under applicable law.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available." We do our best to deliver quality reports, but we can't promise perfection. Specifically, we don't guarantee:

• The service will meet your specific needs
• The service will be available 100% of the time without interruptions
• All data will be completely accurate or up-to-date
• You'll achieve specific business results from using our reports

Some jurisdictions have consumer protection laws that provide additional rights. Nothing here is intended to limit those rights.

11. Indemnification

You agree to indemnify, defend, and hold harmless DiemLabs Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any business decisions you make based on our reports
• Any actions you take toward competitors based on our reports

12. Dispute Resolution

If you ever have a dispute with us, we agree to resolve it through arbitration rather than court. This means a neutral third party (an arbitrator) will hear both sides and make a decision. It's typically faster and less expensive than going to court.

How it works

• Canadian Customers: Disputes are handled through the ADR Institute of Canada.
• US Customers: Disputes are handled through the American Arbitration Association (AAA).
• Location: Arbitration can be done in Toronto or remotely via video call - whatever works best.

Individual claims only

You agree to bring any disputes as an individual, not as part of a class action or group lawsuit. Each dispute is handled separately.

Exceptions

If there's an issue involving intellectual property (like someone copying our website or stealing content), either party can go directly to court instead of arbitration.

You can opt out

If you prefer not to use arbitration, you can opt out by emailing legal@askmiko.com within 30 days of your first purchase. After that, arbitration applies to any disputes.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

For US Customers: The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in Section 12.

For any matters outside the scope of arbitration, you agree to submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada.

Consumer Rights: Nothing in these Terms deprives you of any mandatory consumer protection rights under the laws of your jurisdiction of residence.

14. Privacy

Your privacy is important to us. Here's the short version:

• We don't collect personal information
• No account creation required
• Payments are handled by Stripe/PayPal - we never see your card details
• We only process publicly available data about websites you analyze

For the full details, see our Privacy Policy.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last updated" date at the top of this page and post the revised Terms on our website.

Your continued use of the Service after any modifications constitutes your acceptance of the revised Terms.

We will not apply material changes retroactively to purchases made before the changes were posted without your consent.

16. Termination

AskMiko reserves the right to refuse service to anyone at our sole discretion. Since our Service operates on a one-time purchase basis without accounts, there is no ongoing service relationship to terminate.

The following provisions survive any termination or expiration of these Terms: Sections 6 (Data Accuracy), 7 (Intellectual Property), 9 (Limitation of Liability), 10 (Disclaimer of Warranties), 11 (Indemnification), 12 (Arbitration), and 13 (Governing Law).

17. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

If the class action waiver in Section 12.3 is found to be unenforceable, then the entirety of Section 12 (Arbitration) shall be null and void with respect to that particular claim.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DiemLabs Inc. regarding your use of the Service.

These Terms supersede any prior agreements, communications, or understandings between you and DiemLabs Inc. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19. Contact Information

If you have any questions about these Terms of Service, please contact us at legal@askmiko.com.

Location: Toronto, Ontario, Canada

20. Special Provisions for Canadian Customers

Ontario Consumer Protection Act: If you are a consumer in Ontario, you may have certain rights under the Consumer Protection Act, 2002, including cancellation rights for certain remote agreements. Where these rights apply, they are in addition to any refund rights we offer.

PIPEDA: We comply with the Personal Information Protection and Electronic Documents Act. Please see our Privacy Policy for details on how we handle personal information.

Consumer Rights: Nothing in these Terms is intended to limit any consumer protection rights that cannot be waived under Canadian law.

21. Special Provisions for US Customers

California Residents: In compliance with the California Online Privacy Protection Act (CalOPPA), please see our Privacy Policy for information about our privacy practices.

Federal Arbitration Act: The arbitration provisions in Section 12 are governed by the Federal Arbitration Act, 9 U.S.C. sections 1-16.

State Consumer Rights: Nothing in these Terms is intended to deprive you of any mandatory consumer protection rights under the laws of your state of residence.