1. Acceptance of Terms & Scope of Services
These Terms of Service ("Terms") constitute a legally binding agreement between you (individually or on behalf of the commercial entity you represent, "Client") and TheBeforeClick ("TheBeforeClick," "we," "us," or "our"), governing access to and use of our website (https://thebeforeclick.com), diagnostic audit reports, specialized Answer Engine Optimization (AEO) services, Generative Engine Optimization (GEO), and Speed-to-Lead CRM automation systems.
By accessing our website, submitting a diagnostic audit request, or signing an implementation Statement of Work (SOW), you acknowledge that you have read, understood, and agreed to be bound by these Terms.
2. Generative Engine Realities & Third-Party AI Disclaimers
Answer Engine Optimization focuses on positioning client entities as the machine-verifiable consensus recommendation across large language models, synthetic answer engines, and search interfaces including OpenAI (ChatGPT), Perplexity AI, Google (AI Overviews & Gemini), and Anthropic (Claude).
The Client acknowledges and agrees to the following technical parameters:
- Autonomous Model Operation: Third-party AI platforms operate non-deterministic, probabilistic algorithms subject to frequent fine-tuning, system prompt updates, and indexing updates beyond the direct control of any agency.
- Deterministic Engineering vs. Algorithmic Control: While TheBeforeClick engineers high-authority semantic entity graphs (JSON-LD), optimizes
/llms.txtarchitectures, removes crawler firewall barriers, and executes citation seeding, no entity can purchase or directly hardcode synthetic outputs within third-party neural networks. - Citation Evolution: As models retrain and weight retrieval-augmented generation (RAG) sources, citation frequency may fluctuate across weekly query iterations. Continuous prompt radar monitoring is deployed to maintain topical dominance.
3. The 90-Day Sprint Cadence & Indexation Timelines
Because AI search crawlers (such as GPTBot, PerplexityBot, and OAI-SearchBot) operate on distinct 45 to 75-day training and indexing refresh cycles, all client implementation engagements operate on an initial 90-Day Sprint Cadence.
Short-term (sub-30-day) evaluations do not reflect the technical reality of knowledge graph ingestion. Measurable citation gains, entity corroboration, and organic AI-driven lead flow materialize progressively throughout the 90-day execution window.
4. 90-Day 30% Search Traffic & Visibility Guarantee
For clients enrolled in qualifying tiers (Growth and Leader Tiers) with verified Google Search Console and analytics baseline access, TheBeforeClick provides a performance warranty:
Qualifying Conditions: The guarantee is contingent upon:
- Prompt deployment of recommended JSON-LD schemas,
/llms.txt, and firewall allow-lists within 14 calendar days of delivery. - Continuous, uninterrupted Google Search Console and Google Analytics 4 access.
- Maintenance of active hosting infrastructure with sub-1.5s server response times and zero unauthorized domain penalties or third-party blacklisting.
5. Client Responsibilities & Technical Access
To ensure successful system deployment, the Client agrees to provide:
- Authorized administrative access or developer cooperation for website CMS (WordPress, Webflow, Astro, Shopify, custom stacks) to implement entity metadata and schema headers.
- DNS or Cloudflare configuration access where necessary to ensure AI bots (
GPTBot,ClaudeBot,PerplexityBot) are unblocked. - Accurate corporate details, operational service areas, and representative licensing information for local schema grounding.
6. Speed-to-Lead Telephony & Regulatory Compliance
Clients utilizing our Pillar 02 Speed-to-Lead Automation (SMS auto-replies, automated voice bridges, and missed-call text-back systems) agree to:
- Ensure all customer lead sources have obtained proper affirmative consent in compliance with Canada's Anti-Spam Legislation (CASL) and the US Telephone Consumer Protection Act (TCPA).
- Refrain from utilizing automated telephony tools for unsolicited cold outreach, purchased list blasts, or unlawful marketing.
- Acknowledge that telecommunication carrier usage fees (e.g., Twilio telephony units and SMS segments) are billed at direct wholesale carrier pass-through rates.
7. Fees, Prepayment Discounts & Billing Terms
Services are billed in Canadian Dollars (CAD) unless explicitly agreed upon in a customized enterprise agreement:
- Upfront 90-Day Prepayment: Clients opting to prepay the initial 90-day sprint receive an upfront 10% discount on total agency service fees.
- Monthly Sprint Billings: Monthly installment billings occur on the identical day of each calendar month via authorized credit card or direct bank transfer.
- Post-Sprint Continuation: Following completion of the initial 90-day sprint, agreements convert to month-to-month arrangements terminable upon 30 days' written notice.
8. Intellectual Property & Deliverable Rights
Client Property: The Client retains full ownership of all pre-existing trademarks, trade names, customer databases, and proprietary copy provided to TheBeforeClick.
Agency Property: TheBeforeClick retains all rights, title, and interest in proprietary schema frameworks, automated webhook architectures, internal synthetic prompt testing engines, and specialized routing code developed prior to or independently of the client engagement. Upon full payment of fees, the Client receives a perpetual, non-exclusive license to use all customized schema files, entity graphs, and published articles implemented on their domains.
9. Limitation of Liability & Indemnification
To the maximum extent permitted by applicable law, neither party shall be liable for indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, goodwill, or commercial opportunities) arising out of or related to these Terms.
TheBeforeClick's aggregate cumulative liability for any and all claims arising under this agreement shall be strictly limited to the total fees paid by the Client to TheBeforeClick in the three (3) months preceding the event giving rise to liability.
10. Governing Law, Jurisdiction & Legal Notices
These Terms are governed by, construed, and enforced in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any dispute, claim, or controversy arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the Courts of the Province of Alberta, sitting in the City of Edmonton.