Terms of Service
The free scan asks AI assistants about your business and shows you, word for word, what came back. It is free, needs no card, and the answers are the assistants’ own, not ours.
We will email you the result and follow up about it. Tell us to stop and we stop.
If you hire us, the proposal and the Client Services Agreement set the price and the scope. We never promise that an assistant will name you; we promise the work, and an honest measurement before and after.
Your data is yours. Our Privacy Policy says what we keep and why.
- Who we are and what these terms cover
- Who may use the site
- The free scan
- Reading websites
- Presentations and proposals
- Working with us
- Acceptable use
- Intellectual property
- Third-party services
- Disclaimers
- Limitation of liability
- Indemnity
- Governing law and disputes
- Changes to these terms
- General
- Contact
1. Who we are and what these terms cover
These Terms of Service (the “Terms”) are an agreement between you and Will Mulliken, trading as Firstpick (“Firstpick”, “we”, “us”). They cover the website at https://firstpickscan.com (the “Site”), the free scan, the result, presentation and proposal pages we publish, and any work we agree to do for you under a proposal (the “Services”).
By using the Site, requesting a scan, or accepting a proposal, you agree to these Terms and to our Privacy Policy, which is part of them. If you do not agree, please do not use the Site.
2. Who may use the site
The Site is made for businesses and the people who run or represent them. You must be at least 18 years old to use it. When you request a scan for a business you confirm that you own that business or are authorised to act for it, and that the details you give are accurate. The Site is not directed at children and we do not knowingly collect information from anyone under 18.
3. The free scan
What it does
When you request a scan we ask one or more AI assistants a small number of questions a customer might ask about businesses like yours in your town: currently 3 questions, each asked 4 times. We record every answer word for word and count how often your business, and the others named, appeared. If you gave us a website we read its public pages to choose questions that fit what you actually sell, and we may read competitors’ public pages to compare them with yours. Section 4 says how.
What it is not
The answers are produced by AI systems run by other companies, which we do not control. They change from one asking to the next, can be wrong, and may name businesses that do not exist or leave out ones that do. A scan is a sample, reported with a confidence interval. It is not a ranking, an audit of any business, an endorsement, or a statement by us about any business named in it, including yours. We show what was said; we do not vouch for it.
Your result page
Your result lives at an unlisted address. It is not listed or indexed, but anyone who has the link can open it, so share it only with people you want to see it. If somebody else requests a scan for the same business, trade and town within 7 days, we may show them the results we already have rather than run the scan again. Results describe the business, not the person who asked; your email address never appears on a result page.
Limits
The scan costs us money to run, so it is limited per visitor and per day, and we may decline, pause or stop a scan, or switch the free scan off, at any time. There is no card to enter and nothing to cancel. We may also stop a scan before it starts when we cannot work out what the business is; the page tells you when that happens.
Hearing from us
We use the email address you give us to send you the result and to follow up about it, which may include an offer of our Services. Every message says who it is from and how to stop them. Reply to any message, or write to firstpick.scans@gmail.com, and we will stop within ten business days.
4. Reading websites
To scan a business we read pages that are publicly available on the web: your site, the pages the assistants cited in their answers, directories, and competitors’ public pages. We do this with an identified crawler that names itself in every request, works within a small budget of requests and time, follows redirects only to public addresses, and never logs in to anything or reads anything behind a password. We keep facts about what we read, such as titles, headings, word counts, prices, structured data and publicly listed contact details; we do not keep copies of pages. If you would rather we did not read your site, tell us and we will run a scan without it.
5. Presentations and proposals
Some pages on the Site are reached only through a private link we send to one business: a presentation of what a scan found about that business, or a proposal setting out work we would do and what it costs. Those pages are for the business they were made for. A proposal is an invitation to engage us. It becomes binding when you accept it in writing, which an email saying so is enough for, or when you sign the Client Services Agreement we send with it, and from then on the work is governed by that agreement, the proposal, and these Terms, in that order if they conflict.
6. Working with us
What we do
The Services are what the accepted proposal describes: measuring how often assistants name your business, planning the work that follows, doing that work with your permission, and measuring again. The work may include changes to your business listings, content written for your website, structured data, technical changes to the site, review routines, and getting your business mentioned on pages the assistants already read.
What we need from you
Accurate information about the business. Timely access to the accounts and website the work touches, or to the person who manages them. Confirmation that you have the authority to give us that access. A prompt answer when we ask you to approve something before it is published in your name. Where you do not provide these, we will tell you what is held up, and time spent waiting does not count against what we promised.
Acting for you
Where the work involves your Google Business Profile, Bing Places, Apple Business Connect, Yelp, other directories, or your website, you authorise us to access and change them on your behalf, within the scope of the proposal. Those platforms’ own terms apply to your accounts. We follow them, and we will not do anything that breaks them, which includes buying, writing or incentivising reviews, suppressing genuine ones, or publishing claims about your business that are not true. You keep ownership and control of every account, and you may withdraw our access at any time.
Fees
The price and the payment terms are the ones on the accepted proposal. A one-off package is paid as the proposal says. A monthly package continues month to month until either of us gives notice before the next billing date; there is no minimum term. If a payment is late we may pause work until it arrives. Refunds are as the proposal terms say. Prices exclude any sales tax that applies.
What we do not promise. AI assistants are run by other companies, change without notice, and decide for themselves what to say. We do not and cannot guarantee that any assistant will name your business, how often, or in what words, or that your visibility, traffic, enquiries, reviews or revenue will change by any amount or at all. What we promise is the work described in the proposal, done with reasonable skill and care, and an honest measurement before and after, reported with its uncertainty, including when it has not moved.
Content and ownership
Content we write for you, such as pages, answers, listing descriptions and structured data, becomes yours once the work it belongs to is paid for. Our methods, templates, tools, guides and the software behind the Site remain ours, and you may not resell them or pass them off as your own. You give us permission to use your business name, logo and materials to do the work, and to describe the work we did without naming you. We will not name you as a client without your agreement.
Ending the work
Either of us may end an engagement with fourteen days’ written notice. You pay for work done up to the end; content already delivered stays yours; a monthly package ends at the close of the period already paid for. Sections 8 and 10 to 15 survive the end of any engagement.
7. Acceptable use
You agree not to: send automated requests to the Site other than through the pages made for that purpose; request scans for businesses you are not authorised to represent, or in order to harass, defame or harm anyone; give us information you know to be false; submit another person’s personal information without their permission; interfere with the Site or try to reach parts of it not made available to you; copy, scrape or reproduce the Site or its reports for a competing service; or use the Site in breach of any law. We may refuse, limit or end your use of the Site if you do.
8. Intellectual property
The Site, its text, design, charts, reports, guides and software, and the method behind the measurement, belong to us or to those who license them to us. We give you a limited, non-exclusive, revocable licence to use the Site and to use your own results and reports for your business. Nothing here transfers ownership of anything except as section 6 says about content written for you. Our names and marks may not be used without our written permission. If you send us suggestions about the Site we may use them without any obligation to you.
9. Third-party services
The scan relies on AI assistants provided by other companies, currently OpenAI and, where we have switched them on, Perplexity, Google and Anthropic. Their answers are theirs. The Site may link to other sites, including a calendar for booking a call; we are not responsible for them, and their terms govern your use of them.
If you sign up for a Firstpick partner workspace, the Partner Agreement governs that relationship in addition to these Terms.
10. Disclaimers
The Site and the free scan are provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, and any warranty about the accuracy, completeness or reliability of AI-generated answers, or of anything those answers say about any business, including yours. We do not warrant that the Site will be uninterrupted or error-free. Some jurisdictions do not allow implied warranties to be excluded; in those, the exclusions apply as far as the law allows.
For paid Services we warrant that we will perform them with reasonable skill and care. If we do not, your remedy is for us to re-perform the work concerned or refund what you paid for it, as the proposal terms say. That is the only warranty we give for the Services.
11. Limitation of liability
To the fullest extent permitted by law: neither we nor our owners, staff, contractors or suppliers are liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, arising out of the Site, a scan, or the Services, however caused and even if we were told they were possible. Our total liability for all claims arising out of the Site or a free scan will not exceed one hundred US dollars, and for the Services will not exceed the fees you paid us in the twelve months before the claim arose.
These limits do not apply to liability that cannot be limited by law, including liability for fraud, gross negligence or wilful misconduct, or to our indemnity in section 12. Where a jurisdiction does not allow a limit above, it applies as far as that jurisdiction allows.
12. Indemnity
You will defend and indemnify us against claims by third parties, and the costs of them, that arise from information or content you give us, from access you authorise us to use, or from your breach of these Terms or of a platform’s terms. In return, for paid Services, we will defend and indemnify you against a claim by a third party that content we wrote for you, as we delivered it, infringes that party’s copyright, provided you tell us promptly, let us handle the defence, and give us reasonable help. Neither indemnity covers claims caused by the other side’s own breach or changes.
13. Governing law and disputes
These Terms are governed by the laws of California, without regard to conflict-of-laws rules. If you have a dispute with us, write to us first and we will try to resolve it informally within thirty days.
Arbitration. Any dispute that is not resolved informally will be settled by binding arbitration on an individual basis, administered by the American Arbitration Association under its rules that apply to the dispute, before one arbitrator, held in California or by video, with the arbitrator applying the law above. Either of us may instead bring an individual claim in a small-claims court that has jurisdiction. Either of us may also ask a court for an injunction to protect intellectual property or confidential information. You may opt out of arbitration by emailing firstpick.scans@gmail.com with the words “opt out of arbitration” within thirty days of first agreeing to these Terms; nothing else about these Terms changes if you do.
No class actions. Disputes are resolved one at a time. Neither of us will bring or take part in a class, collective or representative proceeding against the other. If a court decides this waiver cannot be enforced for a particular claim, that claim goes to court and the rest of this section still applies to everything else.
Anything not sent to arbitration will be heard in the state or federal courts located in California, and you consent to their jurisdiction.
14. Changes to these terms
We may change these Terms. The version and effective date are at the top of this page, and the current version is always at this address. Changes apply to use of the Site after the effective date. For work already under way, the Terms in force when you accepted the proposal continue to apply until that work ends unless we both agree otherwise. If you keep using the Site after a change, you accept it.
15. General
These Terms, the Privacy Policy, and for clients the proposal and the Client Services Agreement, are the whole agreement between us about the Site and the Services. If any part is found unenforceable, the rest stands. Our not enforcing a term is not a waiver of it. You may not assign these Terms without our written consent; we may assign them to a successor to our business, and will tell you if we do. Notices to us go to the contact in section 16; notices to you go to the email address you gave us. You agree that we may communicate with you electronically and that electronic acceptance, including ticking a box or replying to an email, has the same effect as a signature. Neither of us is liable for delay caused by events outside our reasonable control. Nobody other than you and us has rights under these Terms.
Under California Civil Code section 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
16. Contact
Will Mulliken (trading as Firstpick)31 Ellsworth Ln, Fairfax, CA 94930
firstpick.scans@gmail.com
https://firstpickscan.com