Documents
Terms of Service
Version 3.4, effective 9 November 2026. Section 5 now says what happens when a self-serve renewal payment, or the first payment after a trial, fails: data collection pauses until the payment is received, nights missed while it is paused cannot be collected later, and the subscription ends if the payment is still not received 30 days after it failed. Nothing else changes. Replaces 3.3.2 of 7 November 2026, which stated the free-trial rule the service applies and named Paddle as merchant of record, 3.3.1 of 6 November 2026, which said in section 8 that you must not send us health information about any individual, and 3.3 of 25 September 2026, which set out Paddle as seller of record, the packaging rules we sell by, upgrades, downgrades, late-payment interest, the renewal price cap, your use of results at your own risk and how changes take effect.
These Terms are between Alchemy EMEA Limited ("Alchemy", "we"), registered in England and Wales, company number 16104791, registered office 167-169 Great Portland Street, 5th Floor, London W1W 5PF, and the organisation on whose behalf you accept them ("you", "the client"). Elixir is the current name of the service, and these Terms apply to it under any later name. Elixir is for business use; by accepting you confirm you are acting in the course of a business and not as a consumer.
1. What Elixir is
Elixir tracks how a brand appears in search results and in the answers of AI engines, and reports on it. The features included in your package are those listed on the features page of our website at the date you accept these Terms or sign an Order Form, plus any we add afterwards. We may add features at any time and they are covered by these Terms without amendment. We will give at least 30 days' notice before withdrawing a feature named on your Order Form, other than one marked beta or preview (section 11), and we will not materially reduce the core functionality of a paid package during its term.
To the extent we hold rights in them, we license the results we collect for your projects to you for the term and the retrieval period in section 8, and thereafter for any copies you exported during them, for your organisation's own use and for the clients you serve through the service. The results we show are observations of third-party systems at the moment we collected them. Search results, AI-engine answers and their citations change daily and differ by location, device and account. We do not guarantee that any engine, search provider or data source will remain available or compatible, and figures are reported, not warranted.
2. Accounts, organisations and users
An account belongs to a person and is governed by the User Terms. An organisation is the client entity that holds the subscription and is the party to these Terms. Where you are the only user of your organisation, or the organisation is you trading in your own name, references to the organisation and to you are to the same person, and whatever these Terms require the organisation to do about its users you do for yourself.
The organisation acts through its Owner, who accepts these Terms on its behalf when completing onboarding, or through an Owner or Administrator who accepts a later version on the Legal Documents page, each confirming they are authorised to bind it, and through the people it authorises. An incoming Owner who accepts a transfer of ownership through the service confirms the same authority. The Owner and Administrators control membership and the Owner controls billing.
Authorised users are the people the organisation allows to use the service under its account: its employees and contractors, its affiliates' employees and contractors, and the guests it invites to a workspace or a project. Each authorised user accepts the User Terms, which are part of this agreement by reference, and the organisation will procure that they do and that they comply with them. The organisation is responsible for every act and omission of its authorised users in the service as if they were its own, including what they spend, what they share and what they upload, and an agency is responsible for the clients and guests it invites into its workspaces. A guest acts for the organisation that invited them, and the guest's own employer gains no rights under this agreement.
The organisation decides which role each user holds; a role's powers are those the service gives it at the time. The organisation accepts that the service lets any authorised user, including a guest, spend allowance the organisation has allocated and, where the feature and the organisation's settings allow it, create a public report link and export data. Anything an authorised user creates in the service (dashboards, reports, API keys, pitches, settings) belongs to the organisation and remains with it when the user leaves; the organisation retains it, and we will not access it except as the Privacy Policy or the Data Processing Agreement permit. A user's assistant conversations are private to that user and are deleted with the organisation's data.
If these Terms and the User Terms conflict, these Terms prevail as between us and the organisation, and the User Terms govern only the personal obligations of the individual user. The User Terms do not increase the organisation's liability or ours beyond section 12; a user's breach is remedied against the organisation under sections 12 and 13, except that we may suspend or close the user's account directly and may seek an injunction against the user as the User Terms provide.
A seat is a single named individual and may not be shared. Keep credentials secure and account details accurate. Tell us promptly at legal@elixirai.io if you believe an account has been compromised.
3. Packages, allowances and add-ons
Your package sets your allowances, as shown at purchase or on your Order Form. AI Visibility allowances are monthly AI credits: one credit is one response from one AI engine to one tracked prompt. Search Visibility allowances are monthly keyword credits, used by each keyword check at the results depth, device and location your package sets. Complete packages include both. On agency packages the credits form a pool that you deploy across client workspaces, and 10% of the pool is set aside as a pitch allowance for prospective clients, which may be extended in steps of 5 percentage points. Premium keywords are captured in more detail, including the layout of the results page and the full text of any AI Overview, and use the same keyword credits as other keywords; we do not promise that an AI Overview will appear for a keyword or that positions will be stable. API reads are a daily allowance.
Monthly allowances renew each month of the term, including on annual billing, and unused allowance does not roll over. Drops come as a monthly reserve included with your package, which recurring Drops packs increase, and as one-off top-ups, which do not expire while your subscription is active and are used after the monthly reserve. Workspace and project limits are those of your package or Order Form. There is no paid add-on for more workspaces: a self-serve package moves up a tier for more, and on Enterprise and Network agreements your account manager sets up the workspaces agreed with you at no charge.
Add-ons are charged at full price, are never discounted on an annual plan, and are billed on your plan's cycle. An add-on bought part-way through a billing period is charged pro rata for the rest of that period. Add-ons priced per credit (prompt packs, extra engines, keyword packs, premium keywords and results depth) are priced on the engines or keywords they apply to, so their price moves when those change.
Allowances are enforced by the service. Where an action would exceed a hard limit the service asks you to approve a top-up rather than allowing the overspend.
4. The assistant
Distil is an AI assistant built into the service. It is an automated system, not a person, and its output can be incomplete or wrong; do not rely on it as your sole source of truth or as professional advice. It has no access to your project data until an authorised user turns data access on for a conversation, which they may turn off again during it, and it never generates content or spends allowance except in response to a message that user sends. Some features, such as prompt translation, brief generation and prompt suggestions, send the inputs a user gives them automatically to an AI provider named on the sub-processor page. Each message costs Drops as shown beside the send control; the rate may change on notice. Messages, and the project rows the assistant reads when data access is on, are sent to the AI provider named for the assistant on the sub-processor page. Do not put personal data in a message unless you may lawfully do so, and do not use the assistant to make a decision that has a legal or similarly significant effect on a person. To the extent we hold rights in the assistant's replies we license them to you for your organisation's own use; replies may not be unique to you and we give no warranty that a reply does not infringe a third party's rights.
The AI providers and data providers named on the sub-processor page process what we send them under their own terms, which may change; as between you and us, the Data Processing Agreement governs, we contract with each of them on business terms at least as protective as it, and we remain responsible for them. We notify a new or replaced provider under section 7 of that agreement, and a change to an existing provider's terms that materially affects your data by email to your organisation's owners.
5. How you pay
There are two ways to buy Elixir, and they are governed differently.
Through Paddle. Self-serve packages, and managed agreements whose Order Form says they are invoiced through Paddle, are sold by our payment reseller, Paddle.com Market Limited, which is the seller of record (merchant of record) and charges you rather than us. Paddle's Buyer Terms and Refund Policy govern payment, tax, invoices and receipts, refunds and the mechanics of automatic renewal; they are a contract between you and Paddle and are not part of this agreement. These Terms govern the service, and section 6 governs term, price and notice. For self-serve packages: a 7-day free trial may be offered on a monthly plan: a card is taken at the start and the first payment is taken when the trial ends unless you cancel before then. No trial applies to annual billing or where add-ons, premium keywords or extra engines are bought at sign-up, and one trial is available per organisation, per brand website and per verified email address. An upgrade applies straight away and the difference is charged pro rata for the rest of the billing period. A downgrade, or any change that removes something from your package, may be requested at any time and takes effect at your next renewal, monthly or annual, so nothing is removed part-way through a period you have paid for. You may cancel at any time, and cancellation takes effect at the end of the paid period. If a renewal payment, or the first payment after a trial, fails, data collection for your projects pauses until the payment is received, and nights missed while it is paused cannot be collected later. You can still sign in and see your existing results. We tell you by email when a payment fails. If the payment is still not received 30 days after it failed, the subscription ends.
Directly from Alchemy. Managed agreements are sold under an Order Form and, unless it says they are invoiced through Paddle, invoiced by Alchemy EMEA Limited. The Order Form states the price, currency, term, payment terms and any purchase-order requirement; VAT is shown on the invoice. Fees are payable within the number of days from the date of invoice that the Order Form states, or 30 days if it states none. We reserve the right to claim statutory interest at 8% above the Bank of England base rate, together with statutory compensation for late payment, under the Late Payment of Commercial Debts (Interest) Act 1998.
An agreement under an Order Form is committed for its term, whichever way it is invoiced: it cannot be cancelled for convenience during a term, and it cannot be scaled down during a term except by a written variation we agree. More may be added during a term by an addendum, charged pro rata for the rest of the term. Where it is invoiced through Paddle, Paddle's Refund Policy applies to each Paddle invoice as Paddle's terms require, and otherwise the commitment stands. However it is invoiced, an invoice unpaid 30 days after its due date may lead to data collection for your projects being paused and access suspended until payment is received, and an invoice unpaid 60 days after its due date to the agreement being ended, in each case after we have given you written notice. Fees remain payable during a suspension caused by non-payment.
In both cases fees are exclusive of VAT and other taxes, which you bear except taxes on our income. Fees are non-refundable except as the law requires or as the Refunds and Cancellation page states. Any query about an invoice must be raised within 30 days of its date.
6. Term, renewal and price
A package or agreement runs for the term shown at purchase or on the Order Form, then renews for successive terms of the same length unless notice of non-renewal is given before the renewal date: for an agreement under an Order Form, by either party in writing at least 90 days before it, or such other period as that Order Form states; for a self-serve package, by you at any time before it, through the cancellation controls in the service or Paddle's, or by email to hello@elixirai.io from an Owner or Administrator, or by us on at least 30 days' notice. The price is fixed for the term. On renewal of an Order Form agreement on the same package, allowances and features, the price rises by no more than 7.5% above the previous term's price unless a different figure is agreed in writing before the renewal date; a renewal on a different package, or with different allowances or features, is priced as then agreed. Self-serve prices at renewal are those published at the time: we give at least 30 days' notice of a change on a monthly plan and 60 days' notice on an annual plan, and a changed price applies only from your next renewal.
7. Acceptable use
You may use the service only for your organisation's own business and for the clients you serve through it. The Acceptable Use Policy is part of these Terms. In short: no use of the data we collect to train or fine-tune machine-learning models; no resale or redistribution of the data feed or the API; no prompts or keywords that target a private individual; no scraping or automated access other than through the API with your own keys; no attempt to circumvent tenancy, allowance or security controls; no publishing of benchmarks or performance comparisons of the service; no republishing of the service's automated classifications of a competitor or other third party as statements of fact; and no building a competing product from it. Competitors and prospects you add are tracked as public brands and gain no rights under this agreement. We may suspend an account immediately where a security threat requires it, or where we reasonably believe your use is likely to cause legal liability for us, our suppliers or other clients (for example a breach of a data provider's or AI provider's terms), telling you as soon as we reasonably can and reinstating access when the matter is resolved; otherwise we suspend only after notice and a chance to put things right. Fees remain payable during a suspension caused by your breach.
8. Your data, our data, and what we keep
Your inputs are yours. You own the prompts, keywords, competitor sets, brand terms and other material you put into the service, and the reports you build. You grant us the licence needed to run the service on them for your organisation, to derive from them aggregated statistics that do not identify your organisation, and, after the term, to keep them for the retrieval period below.
Our service is ours. We own the service, its software, its metric definitions and classifications, and the benchmarks and aggregate analyses derived from operating it.
Collected observations. The search results, AI-engine answers and citations we collect are observations of public systems. You agree that we retain them as part of our dataset after your term ends, de-linked from your organisation, your users, your inputs and your settings, and use them to improve the service, build benchmarks and research how engines behave. Once de-linked they may still incidentally contain personal data that appeared in the public sources (an author's name on a cited page, for example); from that point we hold them as controller under our Privacy Policy, as section 11 of the Data Processing Agreement describes. We will not attempt to re-identify de-linked observations with your organisation.
No training on your data. We do not train or fine-tune general-purpose models on your inputs or your organisation's data, and we use our AI providers through business terms that do not permit them to train on what we send.
API keys and connections. API keys, and any connection you authorise to a third-party account through that provider's own consent screen, are yours to create and revoke; whoever holds a key can read what it allows. Keep keys confidential and revoke a key you believe is exposed; a key belongs to the organisation, keeps working after the user who created it leaves, and the organisation is responsible for revoking it. Use of the API is subject to any rate limits we publish in the service; what the API returns may be stored for your organisation's own use but not redistributed, and the training restriction in section 7 applies to it.
Public reports and exports. When an authorised user creates a public report link, you instruct us to publish that report at an unguessable address that opens for anyone who has it, without signing in, until it expires or you withdraw it by deleting the dashboard it came from. You control, through the roles and settings the service provides, which of your users may create one, and you are responsible for where your users send it; we are not liable for its onward circulation. Data your users export or read through the API is your confidential information in your hands, and the restrictions in section 7 follow the copy. Assistant conversations are your data held on your account; we access them only as the Privacy Policy permits.
Sensitive data. The service is not designed to hold special category data, criminal-offence data, data about children or data regulated by sector-specific law, and you must not put such data into prompts, keywords, settings, uploads or the assistant. In particular, you must not send us health information about any individual, including information about a person's physical or mental health, care or treatment: we do not process it on your behalf and offer no agreement for doing so. We have no liability arising from your doing so.
Retention and return. For 90 days after the end of your term your organisation's data remains available for retrieval; we then delete it within 10 business days, and backup copies within 30 days after that. If an Owner deletes the organisation, its data is deleted 30 days after the deletion instead, and the accounts of users whose home organisation it was are deleted with it, together with their access to any other organisation. Details, including what we keep for accounts, billing and logs, are in the Privacy Policy. Personal data we process for you as your processor is governed by the Data Processing Agreement.
9. Confidentiality
Each party will keep the other's confidential information, including the commercial terms of an Order Form, confidential, use it only for this agreement, and protect it as it protects its own. This does not cover information that is or becomes public without breach, was already known to the receiving party without an obligation of confidence, was received from a third party free to disclose it, or was independently developed. A party required by law or a court to disclose the other's confidential information will, where lawful, give notice first and disclose only what is required. The obligation lasts for five years after the agreement ends, and indefinitely for the service's software, metric definitions and classifications and for any trade secret.
10. Publicity
We will not use your name or logo in marketing, customer lists or case studies unless you opt in on the Order Form or in writing. You may withdraw an opt-in on notice for future use.
11. Warranties and disclaimers
We warrant that the service will perform materially as the descriptions of its features published in the service describe; marketing material is not such a description. If it does not, your only remedy is for us to correct the failure within a reasonable time or, if we cannot, to refund the fees paid in advance for the affected part for the period of the failure. Beyond that the service, any free or trial package, and any feature marked beta or preview, are provided as is. We may change or withdraw a free package, a trial or a beta or preview feature at any time on notice. A beta or preview feature, and what you learn about it, is our confidential information under section 9. An authorised user may enable a preview on the organisation's behalf. We do not warrant that the service will be uninterrupted or error-free, that third-party engines and data sources will remain available or unchanged, or that any figure, answer or output is complete, accurate or fit for a particular purpose. Nothing in these Terms excludes liability that cannot be excluded by law.
You use the results, figures, rankings, classifications and the assistant's replies at your own risk. They are drawn from third-party search engines, AI engines and data sources that we do not control, they change over time, and a later observation may differ from an earlier one. You are responsible for checking them before relying on them, and for the decisions, campaigns, spending and other actions you or your clients take on them.
12. Liability
Neither party is liable for indirect or consequential loss, or for loss of profit, revenue, data or goodwill, except the reasonable cost of restoring data lost through our breach of section 8 or the Data Processing Agreement. We are not liable for loss arising from data received from third-party engines or data providers on your behalf, from any decision, campaign, spending or other action taken in reliance on results, figures, classifications or the assistant's replies, from your own systems, credentials or connections, from data you could have exported during the retrieval period in section 8, or from the onward circulation of a public report link or an export that one of your users shared. Each party's total liability under this agreement is capped at the fees paid or payable for the service in the twelve months before the event giving rise to the claim, or £1,000 if greater. The cap does not apply to fees you owe, to a party's indemnity under section 13, to a party's deliberate breach of section 9, or to liability that cannot be limited by law, including death, personal injury and fraud. A security incident affecting client data, a personal data breach or any other breach of the Data Processing Agreement is not a breach of section 9 for this purpose and the cap applies to it, as section 14 of the Data Processing Agreement also states. The cap applies once across these Terms, the Order Form and the Data Processing Agreement together. Our liability arising from a free package, a trial, or a feature marked beta or preview itself is capped at £1,000, within the cap above. Proceedings on a claim under this agreement, other than for fees owed, under an indemnity in section 13, or for liability that cannot be limited by law, must be commenced within twelve months of the claiming party becoming aware of the facts giving rise to it.
13. Indemnities
We will defend you against a third-party claim that the service, used as permitted, infringes that party's intellectual property rights, and pay the damages awarded or agreed; we may modify or replace the service to avoid the claim, or end the affected part and refund fees paid in advance for it. This does not cover a claim arising from your inputs; from search results, AI-engine answers, cited pages or other third-party content that the service collects or displays; from the assistant's replies; from your combination of the service with anything we did not supply; from your modification of the service; or from use after we have offered a non-infringing replacement. This section is your only remedy for a claim that the service infringes intellectual property rights. You will defend us against a third-party claim arising from your inputs; from your or your authorised users' use of the service in breach of these Terms; from your or your clients' reliance on, or a decision taken on, results or the assistant's replies, which are observations and automated output you must check before acting on them; from your breach of the Data Processing Agreement or of data protection law in the instructions you give us; or from the clients you serve through it. The indemnified party must notify the other promptly, let it control the defence and settlement, and give reasonable help at the indemnifying party's cost; no settlement may admit fault on behalf of the indemnified party without its consent.
14. Suspension and termination
Either party may end the agreement for a material breach that is not remedied within 30 days of written notice. We may suspend access as described in sections 5 and 7. On the end of the agreement your right to use the service ends and the retention terms in section 8 apply. Sections 5 (as to fees and interest accrued), 8, 9, 10, 11, 12, 13, 16 and 17 survive, and the Data Processing Agreement survives for as long as we hold client data. Either party may also end the agreement immediately by notice if the other becomes insolvent, enters administration or liquidation, or stops trading.
15. Changes to these Terms
We may change these Terms and the other documents on the legal index, for example when the law, a regulator, our suppliers or the service require it. Each change is published on the legal index with its version and effective date, and applies in one of three ways.
Minor changes, such as corrections and clarifications, take effect on publication.
Other changes are notified by email to your organisation's Owners and Administrators, and to the notices contact on an Order Form, and may also be shown in the service. They take effect on the effective date stated, which for a change to your detriment is at least 30 days after notice. Continued use of the service after the effective date is acceptance of the change. A self-serve package may be cancelled before the change takes effect.
A change that we decide needs your express agreement, or that the law requires to be agreed expressly, is presented in the service for an Owner or Administrator to accept, each confirming they are authorised to bind the organisation. Your organisation has 30 days from notice to accept, and no user is blocked during that time. If no Owner or Administrator has accepted by then: for a self-serve package, use of the service is paused until one does, and the package may instead be cancelled; under an Order Form, use is not paused, the previous version continues to apply until the end of the current term, and the agreement then ends unless the change has been accepted.
Under an Order Form, a change that materially reduces what you receive or increases what you pay applies only from your next term, unless you agree in writing to an earlier date or the law requires it sooner. The version in force, and any acceptance, is recorded on your organisation's Legal Documents page. The User Terms bind each user from the creation of their account or acceptance of an invitation; changes to them are published on the legal index, and a material change is brought to each user's attention in the service before it applies.
16. General
These Terms, the Order Form, the Data Processing Agreement (including the sub-processor page), the User Terms, the Acceptable Use Policy and the Refunds and Cancellation page are the entire agreement. The Privacy Policy and the Cookie Policy describe how we handle personal data as controller and are notices, not contract terms. The Acceptable Use Policy, the Refunds and Cancellation page and the Cookie Policy apply from the date each is published on the legal index; until then the summary of acceptable use in section 7 and the refund position in section 5 apply. If they conflict, the Order Form prevails where it expressly states a term that differs from these Terms or the Data Processing Agreement; otherwise these Terms and the Data Processing Agreement control over the Order Form; then the Data Processing Agreement on the processing of personal data; then these Terms; then the Acceptable Use Policy and the Refunds and Cancellation page; terms in a purchase order have no effect. No one other than the parties has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of the agreement. Neither party may assign the agreement without the other's consent, not to be unreasonably withheld, except to a successor in a merger or sale of the business, and we may end the agreement if it is assigned to a direct competitor of ours. Neither party is liable for delay caused by events beyond its reasonable control, including cyber-attack, but this does not excuse payment of fees. We may use subcontractors and remain responsible for them. If any part of these Terms is unenforceable the rest continues. A party's delay in enforcing a right is not a waiver of it. Each party will comply with applicable sanctions, export-control and anti-bribery law in performing the agreement. Notices go to the addresses on the Order Form or to legal@elixirai.io, and a notice by email is received when sent unless a delivery failure is returned. You may send feedback; we may use it without obligation.
17. Law and disputes
These Terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
18. Contact
Support: hello@elixirai.io. Legal and privacy: legal@elixirai.io. Telephone: +1 914 523 9040.