Terms and Conditions

for the use of geo-tool.com and related services · Date: 3 July 2026 · Version 1.1

1. Scope, contracting party and B2B-only use

These Terms apply to all contracts between track by track GmbH, Schliemannstraße 23, 10437 Berlin, Deutschland ("Provider", "we", "us") and its customers ("Customer") for the use of the software-as-a-service application "GEO Tool" available at geo-tool.com, prompt-monitoring.com and related consulting, analytics, reporting and support services (together the "Services").

The Services are offered exclusively to businesses, legal entities under public law and special funds under public law. The Services are not intended for consumers.

These Terms also apply where Customers or users access the Services from outside Germany. Mandatory local laws that cannot validly be waived remain unaffected.

Any deviating or supplementary terms of the Customer apply only if we expressly agree to them in text form. Individual agreements prevail.

2. Services and limits of results

We provide an internet-based software for analysing and monitoring the visibility of websites, brands, products and content in generative AI systems, AI-supported search services, answer engines and search environments.

The specific scope of Services is determined by the applicable service description, plan, documentation, offer or individual agreement.

To provide the Services, we query third-party interfaces and services, including providers of generative AI models, AI search services, search data providers, hosting, database, email, payment and analytics providers. Availability, response behaviour, model logic, training status, search index, ranking and output of those third-party services are outside our control.

Results of generative AI systems are non-deterministic and may be incomplete, outdated, contradictory or incorrect. They do not constitute a guaranteed characteristic. We owe the technical performance of the agreed analyses and provision of outputs, not any specific visibility, ranking, SEO, GEO, revenue or business result.

Reports, scores, recommendations and benchmarks are decision-support materials. They do not replace the Customer's own professional, legal, technical or business review.

3. Contract formation, registration and free analyses

Descriptions of the Services on websites, landing pages, presentations or product materials are non-binding unless expressly identified as a binding offer.

A contract is concluded upon acceptance of an offer, completion of an online order process, activation of a paid account, signature of an order document or commencement of performance.

Use of the Services generally requires a user account. The Customer must provide complete and accurate information, keep access credentials confidential and grant access only to authorised persons.

Free trials, demos or one-off analyses do not create any entitlement to permanent availability, specific functions or a paid subscription. We may change, restrict or discontinue free functions at any time.

Where an email address or other contact details are provided for a free analysis, we process them in accordance with our Privacy Notice.

4. Usage rights, reports and feedback

For the term of the contract, the Customer receives a simple, non-exclusive, non-transferable and non-sublicensable right to use the software within the agreed scope for its own business purposes.

The Customer does not receive a copy of the software and has no right to receive source code, models, prompt logic, scoring methods, database structures or internal methodologies.

All rights in the software, dashboards, analytics logic, data models, scores, designs, documentation and methods remain with us or our licensors.

Reports and exports generated by the Customer may be used for the Customer's own internal and external business purposes, provided source references are not misleadingly removed and third-party rights are not infringed.

We may use Customer feedback, suggestions and ideas free of charge to improve the Services without disclosing the Customer's confidential information.

5. Customer data, inputs and acceptable use

The Customer is responsible for all domains, brands, prompts, keywords, files, texts, URLs, competitor lists and other content submitted by the Customer.

The Customer represents that it is authorised or has a legitimate interest to analyse the submitted websites, brands and content and that the use does not infringe third-party rights.

The Customer must not submit special categories of personal data under Article 9 GDPR, highly confidential personal data, payment data, credentials, health data, ID documents, confidential client/patient/employee data or other particularly sensitive information into analysis fields unless expressly agreed and legally safeguarded.

The Customer must not use the Services unlawfully, abusively, in a security-threatening or disruptive manner. In particular, circumvention of usage limits, automated extraction outside provided interfaces, reverse engineering, scraping of the software, unauthorised load tests, malware, phishing, spam, infringing content and use to violate third-party rights are prohibited.

The Customer is responsible for compliance with data protection, competition, trademark, copyright, export control, sanctions and other laws applicable to its use.

6. Plans, usage limits and fair use

Plans may include usage limits, such as users, projects, domains, prompts, queries, reports, API calls, storage, sessions, refresh frequency or support scope.

Usage limits serve fair and secure provision of the Services. If limits are exceeded, we may charge additional usage, temporarily throttle functions or suggest a suitable plan.

We may implement technical safeguards for stability, security, abuse prevention, cost control and compliance with third-party limits.

Unused quotas expire at the end of the respective billing period unless otherwise agreed.

7. Prices, payment terms and taxes

The prices agreed at the time of contract formation apply. All prices are exclusive of statutory VAT where applicable.

Billing is monthly, annually or project-based in advance depending on the plan, unless otherwise agreed.

Payments may be processed through payment providers such as Stripe. Payment data is additionally subject to the payment provider's terms and privacy information.

Invoices are due without deduction within 14 days of the invoice date unless otherwise agreed. Subscription fees are due at the beginning of the relevant billing period.

In case of late payment, we may charge statutory default interest and, after reasonable notice, suspend access until outstanding amounts are paid. Further rights remain unaffected.

For international B2B customers, reverse charge or another VAT treatment may apply. The Customer must provide correct tax information required for invoicing, including VAT ID or comparable evidence.

8. Availability, maintenance, support and third-party providers

We endeavour to maintain high availability. A specific availability level is owed only if expressly agreed, for example in a service level agreement.

Downtime does not include periods caused by maintenance, force majeure, attacks, internet disruptions, third-party API outages, changes by model or search providers or other circumstances outside our control.

We may perform maintenance and will, where possible, notify planned material maintenance in advance.

Support is provided according to the subscribed plan. Response or resolution times are binding only if expressly agreed.

If third-party providers change APIs, models, prices, terms, availability or access options, we may adjust the Services in a technically and commercially reasonable manner.

9. Data protection, data processing and international transfers

We process personal data in accordance with applicable data protection laws and our Privacy Notice.

Where we process personal data on behalf of the Customer, the Data Processing Agreement under Article 28 GDPR (DPA) forms part of the contractual relationship.

The Customer acknowledges that provision of the Services may require subprocessors and third-party services, including hosting, database, AI, search data, proxy, communication, payment, email and analytics providers.

Transfers to countries outside the EEA take place only where legal requirements are met, in particular adequacy decisions, EU Standard Contractual Clauses, the EU-U.S. Data Privacy Framework for certified recipients or another lawful basis.

The Customer remains responsible for the lawfulness of processing initiated by the Customer, information of data subjects and lawfulness of its inputs.

10. Confidentiality

The parties shall treat confidential information of the other party as confidential and use it only to perform the contract.

Confidential information includes non-public technical, business, product, strategic, customer-specific and security-related information.

Information is not confidential if it is publicly known, lawfully becomes known without breach of contract or was independently developed.

Confidentiality obligations survive termination as long as a legitimate confidentiality interest exists.

11. Warranty

For SaaS provision, statutory lease warranty provisions apply unless these Terms provide otherwise.

Strict liability for defects existing at contract formation under Section 536a(1) alternative 1 German Civil Code is excluded.

The Customer must notify obvious defects without undue delay with a comprehensible description, affected functions, times and, where possible, reproduction steps.

We assume a guarantee only if expressly identified as a "guarantee" in text form.

12. Liability

We are liable without limitation for intent and gross negligence and for damages arising from injury to life, body or health.

In case of slightly negligent breach of a material contractual obligation, we are liable only for foreseeable, contract-typical damage. Material obligations are obligations whose fulfilment enables proper performance of the contract and on which the Customer may regularly rely.

Otherwise, liability for slight negligence is excluded.

We are not liable for damage based on incorrect, incomplete, outdated or non-reproducible outputs of generative AI systems, AI search services, search data providers or other third parties unless we are at fault.

Decisions, measures, campaigns, publications or investments by the Customer based on reports, scores or recommendations are made at the Customer's own responsibility.

Limitations of liability do not apply where liability is mandatory by law, in particular under product liability law, in case of fraudulent concealment of a defect or an expressly assumed guarantee.

Where our liability is excluded or limited, the same applies to our legal representatives, employees and vicarious agents.

13. Term, termination, suspension and data export

The contract runs for the agreed minimum term and renews according to the subscribed plan unless terminated in text form with 30 days' notice to the end of the relevant billing period. Shorter notice may be agreed in the ordering process for monthly plans.

The right to terminate for good cause remains unaffected. Good cause for us includes material payment default despite reminder, security risks, abusive use or material breach of clause 5.

We may temporarily suspend or restrict access where there are specific indications of abuse, legal violations, security risks, material payment default or violations of usage limits. We will take the Customer's legitimate interests into account.

After termination, Customer data will be deleted or anonymised in accordance with the Privacy Notice, DPA and statutory retention obligations. The Customer is responsible for timely export of its data.

14. Changes to the Services and these Terms

We may develop, improve or adjust the Services if this does not materially restrict the agreed core functionality or if the change is required for technical, legal, security or economic reasons.

We will notify the Customer of material changes to these Terms at least six weeks before they take effect in text form. If the Customer does not object within this period and continues using the Services, the changes are deemed accepted; we will expressly point this out in the notice.

If a material change is detrimental to the Customer, the Customer has a special termination right effective as of the change date.

15. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Exclusive venue for all disputes arising out of or in connection with the contract is Berlin, provided the Customer is a merchant, legal entity under public law, special fund under public law or has no general place of jurisdiction in Germany.

The Customer may transfer rights and obligations under the contract only with our prior consent in text form. We may transfer the contract to affiliated companies or legal successors if the Customer's legitimate interests do not prevent this.

If any provision is or becomes invalid, the remaining provisions remain effective. The statutory provision applies in place of the invalid provision.

The German version of these Terms is controlling. Translations are for information only unless expressly agreed otherwise.

track by track GmbH · Schliemannstraße 23, 10437 Berlin, Deutschland · datenschutz@geo-tool.com