Terms & Conditions

01Parties and acceptance

Who They Name (the “service”) is provided by MMM Studio, a sole proprietorship established in Switzerland (“we”, “us”), reachable at contact@mmmstudio.ch.

“You” means the business, agency or other organisation that creates an account or runs a free scan, and the person acting for it. That person confirms they are authorised to bind the organisation. The service is offered to businesses and professionals acting in the course of their trade, not to consumers.

You accept these terms by creating an account, running a free scan, or using the service in any other way. If you do not agree, do not use the service.

02The service

Who They Name puts a fixed set of questions to AI engines on a schedule (ChatGPT and Claude are measured today; Gemini, Perplexity and Google AI Overviews are being rolled out and are included in the paid plans, at no extra cost, as each one lands), records which businesses each answer names and which sources it cites, and turns that into a visibility score, a comparison with rivals, alerts and a list of fixes. Depending on your plan it also drafts a hosted Answer Profile with structured data (JSON-LD) and question pages, which you review and publish yourself from the application, lists the source domains the engines cited and how many of those answers named you, and, for agencies, offers white-labelled reports and profiles carrying your brand name, logo and colour, a bulk prospect scanner, an API and webhooks. We host a copy at our own address and never publish to a domain of yours; the export hands you the file so that you can. The page and its structured data can be downloaded and published by you, on any site you control, and what you do with that copy is yours to decide.

We read the citations the engines return. We do not fetch those sites to inspect what they say about you. We do not fetch a directory, a listing or any other third-party page to check what it says about you, and no part of the service reports a business as missing from a site or as holding wrong details there.

How we measure. Answers are obtained through the engines’ programming interfaces or, where none exists, through a search results provider. An answer obtained this way is not identical to what a person would see in the consumer chat interface: there is no personalisation, memory or conversation history. We measure under the same conditions every time so that trends and comparisons are meaningful. Any single answer is noisy; we do not represent otherwise.

The set of engines, the extraction method and the scoring formula may change as the engines change. We will explain material changes in the application.

03Accounts and teams

• You must give accurate information and keep it current.
• You are responsible for everything done under your account and by the team members you invite, and for keeping passwords, sign-in links and API keys confidential. Tell us at once if you believe an account has been compromised.
• Each plan includes a number of seats. One person, one seat; accounts are not to be shared.
• Roles (owner, manager, member) control what a person can do. Only owners can change billing or delete the organisation.

04The free scan

Anyone may request one free scan of a business from the public site by giving its website and an email address. We may ask you to confirm the business name, city and category before the scan runs. The result is a report at a link containing a random token, kept for 90 days, and an email to the address given when it is ready.

Free reports are built entirely from public information (a public website and answers the engines give to anyone) and are treated as public information: anyone with the link can read them. We ask search engines not to index the report page, so it is not meant to appear in search results, but the link itself is not a secret. Do not run a free scan if you do not want that. Within any seven-day period we may serve an existing recent report for a domain instead of running a new one, and we limit how many free scans one person may request.

05Plans and billing

The paid plans, their prices and what each includes are set out on the pricing section of the public site, which forms part of these terms. At the date above they are Starter, Growth and Agency, billed monthly or yearly. A yearly subscription costs ten times the monthly price, which the site describes as two months free.

• Currency and tax. Prices are in US dollars and exclude VAT. No tax is added at checkout; if VAT or another tax applies to your purchase, you account for it under your local rules.
• Payment. Subscriptions are paid in advance through Stripe, by the card or method you register there. By subscribing you authorise recurring charges at the start of each billing period until you cancel.
• Renewal. Subscriptions renew automatically for the same period unless cancelled before the period ends.
• Changing plan. You can move between plans from the billing page. Stripe shows the amount due or credited for the rest of the current period before you confirm; new limits apply as soon as the change is confirmed.
• Cancelling. You can cancel at any time from the billing portal. The subscription stays active until the end of the period already paid for, then stops. We do not refund partial periods, whether you cancel after one day or one month, except where the law requires it or where we terminate the service for reasons not attributable to you.
• Failed payment. If a renewal payment fails, Stripe notifies you and retries for a limited time while your plan stays active for a grace period of seven days after the end of the paid period. If payment still fails, the organisation moves to the free tier and the features of the paid plan stop, including hosted pages.
• Price changes. We may change prices. For an existing subscription a change applies only from the first renewal at least 30 days after we have emailed you about it. If you do not accept the new price, cancel before that renewal.

06Limits and fair use

Each plan carries limits: workspaces, locations, prompts, engines, rivals, seats, manual scans, question pages, bulk scans, API access and a monthly ceiling on what we spend on engine calls for your organisation. The limits are enforced by the service and shown in the application. When a limit is reached the action that would exceed it is refused and explained; nothing silently degrades.

Scan cadence is as described on the pricing page. “Daily monitoring, full sweep weekly” means a rotating subset of prompts every day and every prompt once a week. We may reduce frequency or pause scans temporarily to protect the service or when an engine provider is unavailable, and will show that in the application.

Automated access is allowed only through the API on plans that include it, with your own keys, within its documented rate limits. Scraping the application, sharing API keys, or using the service to build a competing product is not allowed.

07Your facts and content

You own the facts, text, logos and other content you give us (“your content”). You grant us a non-exclusive, worldwide licence to store, process, reproduce and, on plans that publish, display your content and works derived from it (the Answer Profile, JSON-LD and question pages) for the purpose of providing the service, for as long as your account exists or the content is published.

You are responsible for your content: that it is accurate, that you are entitled to publish it, and that it complies with the rules of your profession and the laws of the places you serve. Regulated professions in particular (health, law, finance) carry their own advertising rules; the service does not check them for you. Generated question pages are drafts based on your facts and on lost prompts; you review them before publishing and you stand behind what they say.

Scan results, scores and reports are produced by us from public answers and are provided to you under the licence in section 13.

08Acceptable use

You agree not to:

• publish an Answer Profile, question pages or structured data for a business you are not authorised to represent. Measuring how engines talk about rivals is fine, since that uses public answers; publishing in someone else’s name is not;
• publish content that is false, misleading, defamatory, infringing, unlawful or that presents someone else’s business as yours;
• use the bulk scanner or free scans to harass, spam or deceive the businesses concerned, or in breach of the anti-spam and marketing laws that apply to you;
• probe, overload, reverse-engineer or interfere with the service, bypass limits or security, or access data of another organisation;
• use the service in violation of the terms of the engine providers, or to extract engine answers for resale outside the reports and API we provide.

We may remove published content and suspend or terminate accounts that breach this section, immediately where the breach is serious, otherwise after notice and a reasonable chance to fix it.

09Third-party engines

The service depends on OpenAI, Anthropic, Google, Perplexity and search results providers such as SerpApi, none of which is affiliated with us. They change their models, sources, pricing and availability without notice. An engine may be unavailable, may refuse a question, or may be dropped from the service if its provider makes measurement impossible or uneconomic. We will tell you when that happens and adjust what we can; it is not a breach of these terms.

10No guarantee of being recommended

As the FAQ says: we cannot guarantee that any engine will recommend you, name you, or rank you in any position, and anyone promising that is promising something they cannot deliver. The engines decide. What we provide is measurement under fixed conditions, the list of domains the engines cited, and the pages themselves: complete, structured and yours to publish where you choose. We do not claim, and you should not assume, that publishing through the service causes an engine to cite you. Neither ChatGPT nor Claude, the two engines measured today, accepts a page for submission, so no product can deliver a page to either, ours included. Results vary by category, city, language and engine, and past movement is no promise of future movement.

11Availability and support

We aim to keep the service available around the clock but do not promise uninterrupted operation and do not offer a service-level agreement. Maintenance, provider outages and incidents happen; when we know in advance we say so in the application. A scheduled scan that could not run is picked up on a later run of the scheduler rather than lost.

Support is by email at contact@mmmstudio.ch, in English or French, on Swiss working days. We answer as quickly as a small team can.

12Cancellation and termination

When you cancel

• Your plan stays active until the end of the period you have paid for.
• At that point your hosted Answer Profile and question pages go offline and return a not-found page. A crawler that had found them stops finding them; what that does to your position is not something we can promise either way. Anything you had downloaded and published on a site of your own is unaffected, because it is your file on your server. We say this plainly on the public site rather than surprise you with it.
• Your organisation moves to the free tier. It is not deleted. Every report you have ever run remains yours: the answers and citations of any run export as CSV, and the latest visibility report prints to PDF from the application. The free tier keeps scan history for 30 days, and that rule is applied by the next scheduled clean-up after your paid period ends, not after a further grace period. Export anything you want to keep before you cancel.
• You can delete the whole organisation and your account at any time from the Account page. That is immediate and cannot be undone.

When we terminate

We may suspend or terminate your access if you breach these terms, fail to pay, or use the service in a way that harms it, its providers or other customers; immediately for serious cases, otherwise after notice and 14 days to remedy. We may also stop offering the service altogether with at least 60 days’ notice by email, in which case we refund any prepaid period beyond the closing date.

Sections 7, 8, 10, 13, 14 and 17 survive termination.

13Intellectual property

The service, its software, design, documentation, report formats and the name Who They Name and our mark belong to us or our licensors. These terms give you a limited, non-exclusive, non-transferable right to use the service for your own business, or, on the Agency plan, for the clients you manage in it, for the duration of your subscription.

Reports, exports and scores generated for your organisation may be used freely by you and your clients, including under your own brand on the Agency plan. Ideas and suggestions you send us may be used without obligation to you.

14Warranties and liability

The service is provided as it is and as available. To the extent the law allows, we exclude all warranties not expressly stated here, including fitness for a particular purpose and any warranty about the accuracy of an engine’s answer or about business outcomes.

Cap. Our total liability to you under or in connection with these terms, for all claims together, is limited to the fees you paid us in the twelve months before the event giving rise to the claim. We are not liable for indirect or consequential loss, loss of profit, revenue, customers or goodwill, or for loss caused by engine providers, hosting providers or other third parties outside our control.

Nothing in these terms excludes or limits liability for intent or gross negligence, or any liability that cannot be limited under Swiss law (Code of Obligations, art. 100).

Your indemnity. You will indemnify us against third-party claims arising from your content, from facts you published through the service, or from your breach of section 8, including reasonable legal costs.

15Data protection

How we handle personal data is described in the Privacy Policy, which forms part of these terms. For business facts you enter about clients on the Agency plan, you remain responsible for having the right to give them to us. A data processing agreement is available on request for customers who need one.

16Changes to these terms

We may change these terms. Changes that affect your rights or obligations are emailed to account holders at least 30 days before they take effect; other changes are simply published here with a new date. If you do not accept a change, cancel before it takes effect. Continuing to use the service after that date means you accept it.

17Governing law and forum

These terms are governed by Swiss law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. The courts of Geneva, Switzerland have exclusive jurisdiction over any dispute arising from or in connection with these terms, without prejudice to any mandatory forum provided by law.

18General

• These terms, the pricing section and the Privacy Policy are the whole agreement between you and us about the service and replace any earlier discussion.
• If a provision is found invalid, the rest stays in force and the invalid provision is replaced by a valid one closest to its intent.
• You may not assign these terms without our written consent. We may assign them to a successor of the business, with notice to you.
• Not enforcing a provision once is not a waiver of it.
• Notices to you go to the email address on your account; notices to us go to the address below. These terms are written in English; any translation is for convenience only.

19Contact

MMM Studio
Switzerland
contact@mmmstudio.ch

See also the Privacy Policy.