Terms of Service

Last updated July 11, 2024

Audience Key Subscription Agreement & Terms of Use

This Subscriber Agreement and Terms of Use  (“Agreement”)  govern your use of Audience Key platform, and unless other terms and conditions expressly govern, any other electronic services from Audience Key and its parent company Reflexive Media, LLC that may be made available from time to time (each, a “Service”).

You agree to be bound by the terms of this Agreement by subscribing to any portion of and by creating an account on AudienceKey.com. If you do not agree to be bound by the terms of this Agreement, you should not subscribe to or create an account on audiencekey.com. To the extent you have access to, or are using, a Service without having completed our subscription process, you are hereby notified that your continued use of any Audience Key Service is subject to many of the terms and conditions of this Agreement.

• Changes to Subscriber Agreement: We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been “updated”). The changes also will appear in this document, which you can access at any time on AudienceKey.com. You signify that you agree to be bound by such changes by using a Service after changes are made to this Agreement.
• Privacy and Security: Audience Key’s privacy and security policies may be viewed online at AudienceKey.com. We reserve the right to modify the privacy and security policies with reasonable discretion from time to time. Individual users will receive marketing and other non-critical Service-related communications from audiencekey.com via email from time to time. They may opt out of receiving such communications at any time by selecting the “unsubscribe” link at the bottom of these communications. Note that because the Service is a hosted, online application, AudienceKey.com occasionally may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service.

1. Third Party Data: If your access to a Service has been provided by or through a third party (for example, your employer or an education institution where you are a student) (each, a “Third Party”), the Third Party may have provided us with information about you to enable us to provide you with access to the Service and distinguish you from other subscribers (such as your email address or name).
2. Password Protection: If you access a Service using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to a Service, they will have the ability to view information about your account and make changes through the website for the Service.
3. Notification: You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.

• Your Responsibilities: You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You also agree that you shall:
  1. Notify audiencekey.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security.
  2. Report to audiencekey.com immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users.
  3. Not impersonate another audiencekey.com user or provide false identity information to gain access to or use the Service. You are responsible for properly identifying your form of business as it pertains to the pricing and delivery of the Service either Advertiser or Agency.

• Fees and Payments: You agree to pay the subscription fees and any other charges incurred in connection with your organization for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, you can make changes via the Billing section. If you believe someone has accessed a Service using your user name and password without your authorization, you must contact Audience Key support via our Live Chat, email, or by phone; contact information can be found here . You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service. Audience Key, in its sole judgment, may elect to refund partial or complete fees and payments for a subscriber. Partial or complete refunds do not void any terms of this agreement.
• Renewal: Your subscription will renew automatically, unless you cancel it through the Billing section of the service; or we terminate it; or you notify us by telephone, certified mail, live chat connection with an authorized Audience Key representative, or e-mail (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.

Data Protection

We take the security of your data very seriously. We have implemented commercially reasonable security measures to protect your data from unauthorized access, disclosure, alteration, or destruction. However, no security measures are perfect, and we cannot guarantee the security of your data.

Data Retention

Upon termination of your account or cancellation of your subscription, upon written request, we will retain your data for a period of 15 days. After 15 days, Audience Key reserves the right to delete your data from our system. 

Standard Data Export

AudienceKey provides users with the ability to self-service export certain data through CSV download function. The following data elements are currently available via export:

• Keyword Census
  • Keyword list
  • Monthly search volume data
  • Most recent ranking metrics per keyword

• URL Census
  • URL
  • URL Status
  • URL Section assignment
  • Content Brief data
    • Optimized Title and meta description text
    • URL Attribute assignment
    • Assigned writers and strategists

Custom Data Export

Specialized custom data export services may be available and should be requested in writing at the time of cancellation. Custom data export projects are subject to standard engineering resource fees on an hourly rate. 

• Limitations on Use:

1. You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
2. It is your responsibility to choose your password wisely. If you have concerns or believe that someone is using your password without your authority, please contact Customer Service. We reserve the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of others.

• Third Party Web Sites, Services and Software: We may link to, or promote web sites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software.
• Disclaimers of warranties and limitations on liability: Audience Key and its licensors make no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. Audience Key and its licensors do not represent or warrant that (a) the use of the service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (e) errors or defects will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components. The service and all content is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Audience Key and its licensors.
• Internet Delays: audiencekey.com’s services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Audience Key is not responsible for any delays, delivery failures, or other damage resulting from such problems.
• Limitation of liability: In no event shall either party’s aggregate liability exceed the amounts actually paid by and/or due from you in the six (6) month period immediately preceding the event giving rise to such claim. In no event shall either party and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, including but not limited to the use or inability to use the service, or for any content obtained from or through the service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought or such party’s licensors have been previously advised of the possibility of such damages.
• Local laws and export control: This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. The user of this site (“User”) acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000 Audience Key and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, Switzerland and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States, Swiss or European Union (including European Union Member States) law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes.
• General: This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Arizona, United States of America applicable to contracts made entirely within Arizona and wholly performed in Arizona, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Arizona. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.