Terms of Service

1. Acceptance of Terms

By accessing or using cairnyard.com (the “Site”) and any products, reports, assessments, or subscription services provided by Cairnyard (“we,” “us,” or “our”), you (“you” or “User”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms in their entirety, you must not use the Site or our services.

We may update these Terms at any time. We will post the revised Terms on this page with an updated “Last updated” date. For material changes, we will make reasonable efforts to notify you (e.g., by email or a notice on the Site). Your continued use of the Site after any update constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Site.

2. Description of Services

Cairnyard provides local marketing analytics and Google Business Profile (GBP) optimization services for small and medium-sized businesses (“Services”). Our Services currently include, and may in the future include:

• Visibility reports showing how a business appears in local Google Maps search results
• SEO and local search assessments with competitor analysis and gap identification
• Rank tracking across geographic grid points
• Recommendations and guidance for improving local search visibility
• Subscription-based access to ongoing analytics and optimization tools

Services are offered for informational and analytical purposes. We are an independent analytics provider and are not affiliated with, endorsed by, or partnered with Google LLC or any other third-party platform whose data we analyze.

Eligibility

You must be at least 18 years old and have the legal authority to enter into binding contracts to use our Services. If you are accessing the Site on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms. By using the Site, you confirm that you meet these requirements.

Prohibited Uses

You agree not to:

• Use the Site or Services for any unlawful purpose or in violation of any applicable law or regulation
• Resell, sublicense, or redistribute our reports or data without prior written consent
• Reverse engineer, decompile, or attempt to derive the source code or underlying methodology of our Services
• Use automated tools, bots, scrapers, or crawlers to extract data from the Site without our written permission
• Interfere with or disrupt the operation of the Site, its servers, or networks
• Attempt to gain unauthorized access to any part of the Site or our systems
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Transmit any malicious code, viruses, worms, or other harmful content
• Collect or harvest any personally identifiable information from the Site without consent
• Use the Services to compete directly with Cairnyard or to build a substantially similar product

3. User Accounts and Responsibilities

Some features of the Site require you to provide an email address or other contact information. You agree to provide accurate, current, and complete information. You are responsible for maintaining the accuracy of any information you provide and for keeping any account credentials confidential.

You are solely responsible for all activity that occurs under your account or through use of your credentials. If you believe your account has been compromised, you must notify us immediately at ariel@cairnyard.com.

We reserve the right to refuse service, suspend accounts, or remove access to the Site for any user at our sole discretion, including for violations of these Terms.

4. Payments and Billing

Certain Services may be offered on a paid subscription basis. While subscription billing is not yet active, the following terms will apply when paid Services are made available:

• Subscription Fees. Fees are stated at the time of purchase and billed in advance on a recurring monthly or annual basis, as selected by you. All fees are in U.S. dollars and are exclusive of applicable taxes unless otherwise stated.
• Automatic Renewal. Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. By subscribing, you authorize us to charge your payment method on a recurring basis.
• Cancellation. You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current paid billing period. You will retain access to paid features until the end of the period for which you have already paid.
• Refunds. Fees paid are non-refundable except where required by applicable law. We do not provide prorated refunds for partial billing periods. If you believe you have been charged in error, contact us within 30 days of the charge.
• Price Changes. We reserve the right to change subscription pricing at any time. We will provide at least 30 days' notice of price increases to current subscribers. Your continued use of the Service after the price change takes effect constitutes acceptance of the new pricing.
• Failed Payments. If a payment fails, we may suspend access to paid features until payment is resolved. We may retry failed charges automatically.

5. Reports and Assessments Disclaimer

Visibility reports, SEO assessments, rank maps, analytics, recommendations, and any other outputs generated through our Services (collectively, “Reports”) are provided for informational purposes only.

• No Guaranteed Outcomes. We do not guarantee any specific business results, search rankings, revenue increases, or other outcomes from use of our Services or implementation of our recommendations. Local search rankings are determined by Google and other platforms outside our control and may change at any time.
• Data Accuracy. Reports are generated using data from third-party providers (including DataForSEO and Google) and may not be fully accurate, complete, or up-to-date at all times. Ranking data reflects a point-in-time snapshot and may not reflect current conditions.
• Not Professional Advice. Nothing in our Reports constitutes legal, financial, marketing, or professional advice. You should consult appropriate professionals for advice specific to your business situation.
• No Affiliation with Google. Cairnyard is not affiliated with, endorsed by, or an authorized reseller of Google LLC products or services. “Google Business Profile” is a trademark of Google LLC. References to Google products are solely for descriptive purposes.

6. Data Usage and Ownership

Your Data. You retain ownership of any business data, contact information, or other content you submit to us. By submitting data, you grant us a non-exclusive, royalty-free license to use that data to provide the Services to you.

Our Data and Reports. All Reports generated by Cairnyard are our proprietary work product. You are granted a limited, non-exclusive, non-transferable license to use Reports solely for your own internal business purposes. You may not resell, sublicense, publish, or commercially distribute Reports without our written consent.

Aggregate Data. We may collect and use aggregated, de-identified data derived from use of the Services for product improvement, research, and benchmarking purposes. Such aggregated data does not identify you individually.

Privacy. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to the data practices described in the Privacy Policy.

Third-Party Service Providers. We use third-party service providers to help deliver our Services (including for data enrichment, email delivery, analytics, and scheduling). These providers act as our service providers and are distinct from our end-user customers. See our Privacy Policy for details on the categories of providers we use.

7. Intellectual Property

All content on the Site — including but not limited to text, graphics, logos, software, data visualizations, report templates, methodologies, and the “Cairnyard” name and branding — is the property of Cairnyard or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any portion of our content without our prior written consent, except as expressly permitted in these Terms or as allowed by applicable fair use principles.

DMCA Notice. If you believe that content on the Site infringes your copyright, please send a written notice to ariel@cairnyard.com with: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location on the Site; (c) your contact information; (d) a statement of good faith belief that the use is unauthorized; (e) a statement under penalty of perjury that the information in your notice is accurate; and (f) your physical or electronic signature.

Feedback. If you provide suggestions, feedback, or ideas about the Services (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and exploit that Feedback in any manner without compensation or attribution to you.

8. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

• The Site will be available uninterrupted, timely, secure, or error-free
• Any reports, data, or results will be accurate, complete, or reliable
• The Services will meet your specific business requirements
• Any errors or defects in the Site will be corrected

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAIRNYARD AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL CASES, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO CAIRNYARD IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you in full.

10. Indemnification

You agree to indemnify, defend, and hold harmless Cairnyard and its owners, officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Site or Services
• Your violation of these Terms
• Your violation of any applicable law, regulation, or third-party right
• Any content, data, or information you submit to us

We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense of such claims.

11. Termination and Suspension

By Us. We may suspend or terminate your access to the Site and Services at any time, with or without cause and with or without notice, including if we reasonably believe you have violated these Terms. Upon termination, your right to use the Site ceases immediately.

By You. You may stop using the Site at any time. If you have a paid subscription, you must cancel through the applicable account settings or by contacting us. Termination does not entitle you to a refund except as expressly set out in Section 4.

Effect of Termination. Upon any termination, the following Sections will survive: 5 (Reports Disclaimer), 7 (Intellectual Property), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), 12 (Governing Law), and any other provisions that by their nature should survive.

12. Governing Law and Dispute Resolution

These Terms and any dispute arising from or relating to them or the Services shall be governed by and construed in accordance with the laws of the State of Indiana, United States, without regard to its conflict of law provisions.

Informal Resolution. Before initiating any formal legal proceeding, you agree to first contact us at ariel@cairnyard.com and attempt to resolve the dispute informally. We will make a good-faith effort to resolve the issue within 30 days.

Jurisdiction. If informal resolution fails, you agree that any legal action shall be brought exclusively in the state or federal courts located in Marion County, Indiana. You consent to the personal jurisdiction of those courts and waive any objection to venue.

Class Action Waiver. To the extent permitted by law, you waive any right to pursue claims against Cairnyard on a class, collective, consolidated, or representative basis.

13. Third-Party Services and Links

The Site may contain links to third-party websites or integrate with third-party services (such as Calendly for scheduling). These third-party services are governed by their own terms of service and privacy policies. We are not responsible for the content, practices, or reliability of any third-party service.

Our Services rely on data from third-party providers (including DataForSEO and Google). We do not control the availability or accuracy of such third-party data and are not responsible for disruptions to our Services caused by third-party outages or changes.

14. Miscellaneous

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cairnyard with respect to the Site and Services and supersede all prior agreements, understandings, and representations.

Severability. If any provision of these Terms is found to be invalid or unenforceable, 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.

No Waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision in the future.

Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations at any time, including in connection with a merger, acquisition, or sale of assets.

Force Majeure. We will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, war, government action, or third-party service failures.

15. Contact

Questions about these Terms? We're happy to help.