Terms and conditions

§ 1 Scope

1. These General Terms and Conditions (GTC) apply to all contracts for the use of the software-as-a-service platform qoyaa (hereinafter “Platform”) between reamote, Hauptstr. 35, Themar (hereinafter “Provider”) and the customer.
2. The offer is aimed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law. Consumers within the meaning of § 13 BGB are excluded from use. By registering, the customer confirms that it uses the Platform for its commercial or independent professional activity.
3. Deviating, conflicting or supplementary terms and conditions of the customer do not become part of the contract, even if the Provider does not expressly object to them.
4. The customer is the team created in the Platform for which a contract is concluded. Natural persons acting as members of a team use the Platform in the name and for the account of the customer.

§ 2 Conclusion of contract and customer account

1. The presentation of the Platform and the plans on the website does not constitute a binding offer, but an invitation to submit an offer.
2. Upon completion of registration, a free-of-charge user agreement for a customer account is concluded. The customer must provide truthful information when registering and keep it up to date.
3. The customer concludes a paid subscription by selecting a plan in the Platform and completing the checkout process with an order subject to payment. The subscription contract is concluded upon confirmation in the checkout process.
4. Ordering and payment processing are carried out via Stripe Managed Payments. Stripe acts as the merchant of record vis-à-vis the customer, issues the invoices and remits the VAT. The Stripe terms displayed during checkout additionally apply to the ordering and payment process. Irrespective of this, the provision and use of the Platform are governed by these GTC.
5. The contract text is not stored separately. The current version of these GTC is available on this page and can be saved and printed. The contract language is German.

§ 3 Services of the Provider

1. The Platform measures whether and how AI assistants with web search – language models from various providers that the Provider queries via the OpenRouter service – mention or recommend a brand of the customer in response to questions specified by the customer (“prompts”). For this purpose, the Provider sends the prompts at regular intervals via OpenRouter to the language models of the assistants chosen by the customer, stores their answers, detects mentions of the brand and competitors and evaluates the cited sources.
2. The scope of services includes in particular projects with domain verification, analysis of public pages of the customer’s domain to generate suggestions, evaluations and competitor comparisons, recommendations for action, CSV exports, team management with roles, public report links and optional integrations with Odoo, WooCommerce, Shopware and Google Analytics 4. The specific scope of services results from the service description on the website and the plan selected at the time of the order.
3. No guarantee of success. The answers of the AI assistants are generated by third parties over whom the Provider has no influence. They may be inaccurate, incomplete or contradictory and may change between individual queries. The Provider owes the proper performance and documentation of the measurements in accordance with the contract, but not any particular visibility, mention, recommendation, ranking, reach or economic success. Measurement results and recommendations are decision-making aids and do not replace the customer’s own review.
4. The Provider is entitled to further develop, replace or discontinue the AI providers, models and measurement profiles used, insofar as this is technically, economically or legally necessary and the purpose of the contract is not jeopardised. The Provider marks changes to the measurement method in the evaluations as a new comparison group. The Provider does not use retries or automatic fallback models for paid measurements.
5. The Provider may have services performed by subcontractors.

§ 4 Free trial

1. After verifying a domain, the customer may carry out 10 free trial measurements for one project on a one-time basis. The trial budget is granted only once per account and per domain.
2. The trial ends when the trial measurements have been used up. It does not automatically convert into a paid subscription.
3. There is no entitlement to the granting or extension of the trial. If there are indications of abusive multiple use, the Provider may refuse or terminate the trial.

§ 5 Plans and credits

1. Each plan includes a fixed number of projects, active prompts and measurement credits per monthly billing period:

2. A measurement is the query of one prompt with one provider profile and consumes one credit. Credits are reserved before a measurement begins. If a measurement fails, the credit is returned.
3. Unused plan credits expire at the end of the respective billing period. They are neither carried over to the following period nor refunded.
4. Once the credits of a billing period have been used up, no further measurements are carried out until the start of the next period. There is no automatic paid overage.
5. The Provider may grant additional promotional credits at its own discretion. Promotional credits do not expire, are used before plan credits, are non-transferable and are not paid out. There is no entitlement to promotional credits.

§ 6 Prices and payment

1. The prices stated on the website and in the checkout process at the time of the order apply. Whether prices are exclusive or inclusive of VAT is stated in the checkout process.
2. The fee is payable monthly in advance for the respective billing period and is collected via Stripe using the payment method stored during checkout.
3. If the customer is in default of payment, the Provider may, after prior notice in text form, suspend the performance of new measurements until payment has been made. Further rights remain unaffected.
4. The Provider may change the prices with effect from the next billing period. It will announce price changes in text form at least six weeks before they take effect. The customer may terminate the subscription, until the change takes effect, as of the end of the current billing period; the Provider will point this out in the announcement.

§ 7 Term, plan changes and termination

1. Subscriptions have a term of one month and are each extended by a further month unless terminated.
2. The customer may terminate the subscription in the Platform at any time as of the end of the current billing period. The plan remains usable until then. There is no pro-rata refund.
3. A change to a lower plan takes effect at the end of the current billing period. If the number of projects exceeds the limit of the new plan, the projects selected by the customer remain active; the remaining projects are paused but not deleted. A change to a higher plan is permitted in accordance with the options offered in the Platform.
4. The Provider may terminate the subscription in text form with one month’s notice as of the end of a billing period.
5. The right of both parties to extraordinary termination for good cause remains unaffected. Good cause exists for the Provider in particular if the customer materially breaches § 8 despite a warning or is in default of payment of two monthly fees.
6. The free-of-charge user agreement for the customer account may be terminated by either party at any time, by the customer in particular by deleting the account or the team.
7. Before the end of the contract, the customer may export its data as CSV. After the end of the contract, the data will be deleted in accordance with the provisions of the privacy policy and the data processing agreement.

§ 8 Obligations of the customer

1. The customer keeps its access credentials, recovery codes and integration keys secret and protects them against access by third parties. It manages the members and roles of its team on its own responsibility and informs the Provider without delay if there are indications of misuse.
2. The customer only creates projects for domains and brands that belong to it or for which it is authorised to commission the services.
3. No personal data in prompts. Prompts, brand profiles and competitor information must not contain any personal data, any special categories of personal data pursuant to Art. 9 GDPR or any trade secrets of third parties. Prompts are transmitted to third-party providers.
4. The customer does not use any prompts that violate applicable law, the rights of third parties or the usage policies of the AI providers used, in particular no content intended to incite criminal offences, disparage persons or generate harmful content.
5. Lawful use of integrations. If the customer enables integrations with Odoo, WooCommerce, Shopware or Google Analytics 4, it is responsible for the lawfulness of the data transfer. In particular, it ensures that any required consent of its website visitors is obtained via suitable consent management and reported to the integration, that its privacy notices cover the processing and that it is authorised to access the connected systems and Google Analytics properties.
6. The customer decides on its own responsibility to whom it passes on public report links and revokes links that are no longer needed.
7. The customer refrains from querying the Platform or its interfaces in an automated manner beyond the intended use, circumventing usage limits, overcoming security mechanisms, decompiling the Platform or reselling its services to third parties as its own offering.
8. If the customer culpably breaches these obligations, it indemnifies the Provider against third-party claims, including reasonable costs of legal defence. The Provider may temporarily block the affected functions pending clarification if there are concrete indications of a material breach.

§ 9 Rights of use and content

1. For the term of the contract, the Provider grants the customer the simple, non-transferable and non-sublicensable right to use the Platform as intended within the scope of these GTC and the selected plan.
2. The content entered by the customer and the data transmitted from its systems remain the property of the customer. The customer grants the Provider the rights required to provide the contractual services, in particular for storage, processing, transmission to the AI providers used and presentation in evaluations.
3. The customer may use the measurement results for its own purposes and share them with third parties. Answers from the AI assistants may contain content and rights of third parties; the customer is itself responsible for their further use.

§ 10 Availability

1. The Provider endeavours to ensure that the Platform is available with as few interruptions as possible. No specific availability is agreed unless it has been expressly promised in text form.
2. The Provider carries out maintenance work outside normal business hours wherever possible. Necessary security updates may be installed at any time.
3. The measurements depend on the availability and behaviour of the AI providers’ interfaces. Disruptions, changes or restrictions to these interfaces are beyond the Provider’s control. The Provider may temporarily suspend measurements if an AI provider is experiencing disruptions or if internal cost limits to protect against unexpected provider costs are reached. Measurements that are not carried out do not consume any credits.

§ 11 Liability

1. The Provider is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (ProdHaftG) and to the extent of any guarantee assumed.
2. In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical for the contract at the time the contract was concluded. Material contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely.
3. Otherwise, liability for slight negligence is excluded.
4. The Provider’s strict liability for defects already existing at the time the contract was concluded pursuant to § 536a(1) BGB is excluded.
5. The Provider is liable for the loss of data only to the extent that would have been incurred had the customer carried out regular data backups appropriate to the risk, in particular via the export function.
6. The Provider is liable for the accuracy of the content of the AI assistants’ answers and for decisions that the customer makes on the basis of measurement results or recommendations only in accordance with the preceding paragraphs.
7. The above limitations of liability also apply in favour of the Provider’s legal representatives, employees and vicarious agents.

§ 12 Data protection and processing on behalf of the customer

1. The Provider processes personal data in accordance with the privacy policy.
2. Insofar as the Provider processes personal data on behalf of the customer, in particular data from shop integrations and Google Analytics 4, the data processing agreement pursuant to Art. 28 GDPR applies. It becomes part of the contract upon conclusion of the contract on the basis of these GTC.

§ 13 Confidentiality

Both parties treat all confidential information of the other party that becomes known to them in the course of the contract, in particular project, market and business data, as confidential and use it only for the performance of the contract. This obligation continues to apply after the end of the contract. It does not apply to information that is publicly known, was already lawfully known to the receiving party or must be disclosed due to statutory obligations.

§ 14 Changes to these GTC

1. The Provider may amend these GTC with effect for the future if this is necessary due to changes in legislation, case law, further development of the Platform or changed terms of the service providers used, and the customer is not unreasonably disadvantaged as a result. Changes to the main performance obligations and to prices are not governed by this paragraph.
2. The Provider notifies the customer of changes in text form at least six weeks before they take effect. If the customer does not object in text form within this period, the changes are deemed approved. The Provider will point out the period and the consequences of failing to object in the notification.
3. If the customer objects, the previous terms continue to apply. In this case, both parties may terminate the contract as of the end of the current billing period.

§ 15 Final provisions

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. The exclusive place of jurisdiction for all disputes arising from and in connection with this contract is, to the extent permitted by law, the Provider’s registered office. The Provider is also entitled to sue the customer at the customer’s general place of jurisdiction.
3. Declarations under this contract require text form, unless otherwise provided in these GTC.
4. Should any provision of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provision.