Terms of Service

§ 1 Scope and Contracting Parties

(1) These General Terms and Conditions (hereinafter "Terms") apply to all contractual relationships between morefire GmbH, Hohenstaufenring 29-37, 50674 Cologne (hereinafter "Provider" or "we"), and the customer (hereinafter "Customer" or "you") in connection with the use of the Visibility Dashboard platform (hereinafter "Service").

(2) These Terms apply exclusively to entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law, or special funds under public law. These Terms do not apply to consumers. In particular, statutory rights or protective provisions for consumers (such as the right of withdrawal) do not apply to the Service.

(3) The Provider and the Customer agree that only these Terms are applicable to the contract. We object to all general terms and conditions of the Customer. Deviating or supplementary conditions of the Customer only become part of the contract if we have expressly agreed to them in text form (§ 126b BGB).

§ 2 Service Description

(1) Core Service: We provide a Software-as-a-Service platform that enables AI search analysis for marketing teams. The Service is designed to help companies assess and analyze their visibility in Large Language Models (LLMs). The specific features of our service are described on our website.

(2) Service Changes: The Provider may make reasonable changes to the Service (e.g., to improve performance or comply with legal requirements), provided such changes do not eliminate core functionalities of the Service. We will inform you of significant changes in a timely manner.

(3) Third-Party Components: Our Service relies on third-party providers and data sources (e.g., LLMs). The availability of these external services is beyond our direct control. If a third-party provider no longer provides a necessary component, we will inform you and make efforts to find a suitable alternative.

(4) Service Interruptions: We do not guarantee that the Service will function completely error-free or without interruption, but will make commercially reasonable efforts to resolve significant service problems within our control promptly.

(5) No Guaranteed Results: The Service is an analysis and evaluation tool. Unless expressly stated in a separate agreement, we do not guarantee specific results, such as improved search rankings or increased visibility, from the use of our Service.

§ 3 User Rights and Obligations

(1) Lawful Use: You agree to use the Service only for legitimate business purposes and in full compliance with all applicable laws. You must keep your access credentials confidential and are responsible for all activities under your account. You must ensure that all data or content you provide to the Service does not infringe third-party rights or violate laws.

(2) Prohibited Activities: You may not reverse-engineer, decompile, abuse, or otherwise attempt to determine the source code or underlying structure of the Service. In the event of a material breach of these obligations, we are entitled to temporarily suspend or restrict your access to the Service after reasonable notice (where possible) and/or terminate the contract for cause in accordance with § 7.3.

§ 4 Intellectual Property and Data Rights

(1) Our Intellectual Property: All intellectual property rights in the Service, including its software, algorithms, and documentation, belong exclusively to us. We grant you a limited, non-exclusive, non-transferable right to use the Service for your internal business operations during the term of the contract in accordance with these Terms.

(2) Your Data: You retain all ownership rights to the data and content you upload to the Service ("User Data"). You grant us a limited license to process and use your User Data solely for providing and improving the Service and fulfilling our contractual obligations. All data is handled in accordance with our Privacy Policy. We do not use your User Data for purposes other than providing and developing the Service. Disclosure only occurs to the extent necessary for service provision (e.g., to technical service providers as data processors) or when legally required. Upon termination of the contract, we will delete or return your User Data upon request, unless we are legally obligated to retain it.

§ 5 Fees and Payment

(1) Costs / Prices: Unless expressly agreed otherwise in writing (at least in text form), we provide the Service free of charge. If paid services are agreed upon, the scope and amount of the fee are determined by the respective offer/order form or individual agreement.

(2) Payment: Where a fee is agreed, payments are due within the period specified in the invoice or agreement. In case of payment default, statutory regulations apply.

(3) No Set-Off: You may only offset claims that are undisputed by us or legally established. You may not reduce or withhold payments by offsetting other claims against us unless these are acknowledged or legally established. This does not limit your right to separately claim damages.

§ 6 Liability

(1) Unlimited Liability: We are fully liable in cases of intent, gross negligence, or for damages resulting from injury to life, body, or health that are based on a breach of duty on our part.

(2) Liability for Simple Negligence: In cases of simple negligence, we are only liable for breach of material contractual obligations. Material obligations are those whose fulfillment is fundamental to the contract and on whose compliance the customer may rely and does rely.

(3) Additional Limitations of Liability: To the extent our liability is limited or excluded under the above provisions, the same limitations or exclusions apply to the personal liability of our managing directors, employees, agents, and subcontractors.

(4) Customer Indemnification: The Customer shall indemnify the Provider against all third-party claims arising from unlawful use of the Service by the Customer or a breach of these Terms, to the extent the Customer is responsible for such breach.

§ 7 Term and Termination

(1) Contract Start: The contract begins with your registration (or acceptance of an invitation) and acceptance of these Terms. Unless a different term is agreed, the contract runs for an indefinite period.

(2) Ordinary Termination: Either party may terminate the contract at any time with thirty (30) days' notice to the end of the month. Terminations must be in text form (e.g., by email).

(3) Extraordinary Termination: Either party may terminate the contract for cause with immediate effect if the legal requirements are met. For the Provider, cause exists in particular in the event of a serious breach of these Terms by the Customer (such as abuse of the Service or – where paid services are agreed – persistent payment default) that is not remedied after warning, or in the event of the Customer's insolvency.

(4) Consequences of Termination: Upon termination, your account will be deactivated. You are responsible for exporting all necessary data before the termination date. We may delete User Data after a short retention period, except where legal retention obligations apply. If paid services are agreed and fees have been paid in advance, refunds will only be made to the extent legally required or expressly agreed. Clauses that by their nature should survive (such as confidentiality, liability, applicable law, etc.) remain effective after termination.

§ 8 Data Protection and Data Security

(1) The Provider processes personal data of the Customer exclusively in accordance with applicable data protection regulations, in particular the GDPR.

(2) For more detailed information on data processing, please refer to our Privacy Policy.

(3) The Provider implements appropriate technical and organizational measures to protect the Customer's data against loss, destruction, alteration, or unauthorized access.

§ 9 Reference Use

For marketing and advertising purposes, we may identify you as a user of our Service and use your company name, logo, or other brand identifiers on our website, in customer lists, and in other marketing materials. We will always present your brand factually and respectfully. This right remains in effect even after termination of our agreement, unless you object in writing for legitimate reasons. Of course, we will not disclose any confidential information about you in our advertising activities.

§ 10 Governing Law and Jurisdiction

(1) Governing Law: This contract and all disputes arising from it are governed by the law of the Federal Republic of Germany, excluding its conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Jurisdiction: The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is Cologne, Germany, provided that the Customer is a merchant, a legal entity under public law, or a special fund under public law.

§ 11 Changes to Terms

(1) The Provider reserves the right to change these Terms at any time with effect for the future.

(2) For existing contracts, we will inform you in text form at least six weeks before the entry into force of any intended changes to these Terms. The changes are deemed approved if you do not object in text form within the period. We will expressly point out this consequence in the change notification. In the event of an objection, either party has the right to terminate the contract.

§ 12 Final Provisions

(1) Entire Agreement: These Terms, together with all referenced order forms, constitute the entire agreement between us. There are no side agreements. All changes or amendments to this contract must be in writing to be effective. This also applies to the waiver of this written form requirement.

(2) Severability Clause: Should a provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The parties agree to replace the invalid provision with a valid one that comes closest to the original economic purpose.

(3) Contract Language: The German version of these Terms is the legally binding version. Any translations are for informational purposes only.