Terms of Service

The MediaDesk service

MediaDesk observes and reports how selected artificial intelligence systems respond to questions relevant to a business, brand, product, service or category.

Depending on the service selected, MediaDesk may:

• generate or receive buyer questions;
• submit questions to supported AI systems;
• record responses returned by those systems;
• identify apparent brand mentions;
• identify citations, links and source domains;
• identify competitors appearing in responses;
• calculate visibility or other analytical metrics;
• compare observations over time;
• generate reports and recommendations; and
• provide related monitoring, editorial or media services.

The particular functionality available may differ according to the customer’s plan and may change over time.

AI systems are independent third-party services

MediaDesk does not own, operate or control third-party artificial intelligence systems used or observed by the service.

AI providers may change their models, APIs, algorithms, ranking systems, citation behaviour, availability, geographic coverage and responses without notice to us.

References on the MediaDesk website to particular AI systems mean only that MediaDesk is capable of checking those systems when the relevant integration is operational.

A system should not be represented as actively monitored unless it is actually being queried by MediaDesk at that time.

AI outputs are variable

AI responses are inherently variable.

Results may differ according to factors including:

• model version;
• prompt wording;
• time;
• geographic location;
• personalisation;
• available source material;
• search indexes;
• API behaviour; and
• changes made by the AI provider.

Accordingly, a MediaDesk report represents observations made at particular times and under particular conditions.

It is not a definitive statement of how an AI system will respond to every user.

No guarantee of AI visibility

Bhumi Solutions does not guarantee that use of MediaDesk or any related service will cause a customer, website, brand, product or service to:

• appear in an AI-generated answer;
• receive a citation;
• receive a link;
• achieve a particular position;
• outrank a competitor;
• receive additional website traffic;
• generate leads;
• generate revenue;
• improve search rankings; or
• achieve any particular commercial result.

No employee, contractor, report, recommendation or communication from MediaDesk should be interpreted as making such a guarantee unless Bhumi Solutions expressly agrees otherwise in a separate written agreement signed by an authorised representative.

Visibility scores and analytics

MediaDesk may calculate visibility scores, citation rates, position scores, competitor comparisons and other metrics.

These metrics are proprietary analytical measurements designed to help customers interpret observed AI responses.

They are not official measurements produced, endorsed or verified by the AI providers being analysed.

Scores should therefore be interpreted comparatively and in the context of the methodology published by MediaDesk.

We may improve or modify our methodology over time.

Where reasonably practical, material methodology changes will be disclosed.

Information and recommendations

Reports, scores, recommendations and other information provided through MediaDesk are supplied for informational and business-planning purposes.

Customers remain responsible for deciding whether and how to act upon the information.

MediaDesk does not provide legal, financial, investment or other regulated professional advice.

Customers should obtain appropriate professional advice where a decision requires it.

Customer-submitted websites and information

You may submit websites, domains, brands, competitors, questions and other information for analysis.

You represent that you have a legitimate right or business purpose to submit that information.

MediaDesk may access publicly available pages of submitted websites for purposes including:

• identifying the business or category;
• generating relevant buyer questions;
• analysing public content; and
• preparing reports.

Submitting a website does not grant Bhumi Solutions ownership of that website or its content.

Acceptable use

You must not use MediaDesk:

• unlawfully;
• to infringe intellectual property rights;
• to attempt unauthorised access to another system;
• to interfere with the operation of MediaDesk;
• to circumvent usage or security restrictions;
• to submit malicious software or code;
• to conduct abusive automated activity;
• to misrepresent MediaDesk results;
• to use the service in a manner that violates applicable law; or
• to analyse information where you have no lawful basis to do so.

We may restrict or suspend access where reasonably necessary to protect MediaDesk, its users, third-party providers or Bhumi Solutions.

Accounts

You are responsible for activity occurring through your account.

Where passwordless authentication, Google authentication or another identity provider is used, you are responsible for maintaining control of the corresponding email or provider account.

You must promptly notify us if you reasonably believe your MediaDesk account has been accessed without authorisation.

Subscriptions

Certain MediaDesk functionality requires a paid subscription.

Prices, features and billing intervals will be displayed before purchase.

Unless otherwise stated, subscriptions renew according to the billing period selected until cancelled.

Customers may cancel in accordance with the Billing, Cancellation and Refund Policy.

Cancellation prevents future renewal but does not normally invalidate service already supplied during a paid billing period, subject always to rights available under applicable law.

Free services

MediaDesk may offer free reports, trials or other free functionality.

We may modify or discontinue free functionality at any time.

Free functionality may have different limits, methodology, frequency or features from paid monitoring.

Editorial and media services

Bhumi Solutions may separately offer editorial, content, public relations, media outreach or related execution services.

Unless expressly included in a MediaDesk subscription, these services constitute separate engagements and may be subject to separate scopes, quotations or agreements.

Purchasing editorial or media services does not guarantee publication, coverage, AI citations, AI mentions, rankings or commercial outcomes unless a specific deliverable has been expressly agreed in writing.

Bhumi Solutions does not control independent publishers, journalists, search engines or AI providers.

Third-party services

MediaDesk may depend upon third-party infrastructure, software, payment processors, authentication providers, analytics providers and AI services.

We are not responsible for interruptions or changes caused by third-party systems outside our reasonable control.

We may replace third-party providers or integrations where reasonably necessary to operate or improve the service.

Service availability

We aim to operate MediaDesk reliably but do not promise continuous or uninterrupted availability.

The service may occasionally be unavailable because of maintenance, security issues, technical failures, third-party outages or circumstances beyond our reasonable control.

Intellectual property

MediaDesk, including its software, interface, reports, methodologies, scoring systems, design, branding and original content, is owned by or licensed to Bhumi Solutions Sdn. Bhd. and is protected by applicable intellectual property laws.

Subject to these Terms, customers may use reports generated for them for their own internal business purposes.

Nothing in these Terms transfers ownership of MediaDesk software, methodology or intellectual property to the customer.

Customer content

You retain ownership of content and information you provide to MediaDesk.

You grant Bhumi Solutions a limited right to process that content to the extent reasonably necessary to provide, secure, maintain and improve the service.

Confidentiality

Where non-public customer information is supplied to Bhumi Solutions in connection with a paid engagement, we will take reasonable measures to protect that information and will use it for purposes connected with providing the relevant services, except where disclosure is required by law or authorised by the customer.

Data protection

Personal data is handled in accordance with the MediaDesk Privacy Policy and applicable Malaysian data protection law.

The Privacy Policy forms part of the framework governing use of MediaDesk.

Disclaimer of warranties

To the maximum extent permitted by applicable law, MediaDesk is provided on an “as available” basis.

Bhumi Solutions does not warrant that:

• every AI response will be captured;
• third-party AI systems will always be available;
• every citation or mention will be detected;
• every generated question will reflect an actual purchaser;
• every report will be error-free; or
• use of the service will produce a particular commercial outcome.

Nothing in these Terms excludes warranties, guarantees or rights that cannot lawfully be excluded.

Limitation of liability

Nothing in these Terms excludes or limits liability where such liability cannot lawfully be excluded or limited.

To the maximum extent permitted by applicable law, Bhumi Solutions will not be liable for indirect, incidental, special or consequential loss arising from use of MediaDesk, including loss of profits, revenue, business opportunities, anticipated savings or goodwill.

Bhumi Solutions is not responsible for business decisions made solely in reliance on an AI response, visibility score, automated recommendation or third-party AI output.

To the maximum extent permitted by applicable law, Bhumi Solutions’ aggregate liability arising from a paid MediaDesk service will not exceed the fees actually paid by the customer to Bhumi Solutions for the affected MediaDesk service during the six months immediately preceding the event giving rise to the claim.

For free services, liability will be limited to the maximum extent permitted by applicable law.

This section is subject to any rights or remedies that cannot lawfully be excluded or restricted.

Indemnity

To the extent permitted by applicable law, you agree to indemnify Bhumi Solutions against third-party claims, losses or reasonable costs arising directly from:

• your unlawful use of MediaDesk;
• content you submit without appropriate rights;
• your infringement of another person’s intellectual property rights; or
• your material breach of these Terms.

This provision does not require you to indemnify Bhumi Solutions for losses caused by Bhumi Solutions’ own negligence, fraud or unlawful conduct.

Suspension and termination

We may suspend or terminate access where:

• required by law;
• payment remains overdue;
• these Terms are materially breached;
• use threatens the security or integrity of the service; or
• continued provision of the service creates material legal or technical risk.

Where reasonably possible, we will provide notice before terminating a paid service.

Changes to the service

MediaDesk is an evolving service.

We may add, remove or modify functionality, integrations, limits and methodologies.

Where a change materially affects a paid subscription, we will take reasonable steps to notify affected customers.

Changes to these Terms

We may update these Terms from time to time.

The latest version will be published on mediadesk.asia and will state its last updated date.

Material changes affecting existing paid customers will be communicated where reasonably appropriate.

Governing law

These Terms are governed by the laws of Malaysia.

Subject to any mandatory consumer rights or jurisdictional requirements that apply, disputes arising from these Terms or MediaDesk will be subject to the jurisdiction of the courts of Malaysia.

Severability

If a provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.

Entire agreement

These Terms, together with the Privacy Policy, Billing, Cancellation and Refund Policy and any separately agreed written service agreement, constitute the agreement governing the relevant MediaDesk service.

Where a separately signed agreement expressly conflicts with these Terms, the separately signed agreement prevails to the extent of that conflict.

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