Terms of service

§1. General provisions

1. These Terms of Service govern the use of the CiteLyzer website and application available at https://citelyzer.com and its subpages, including the rules for concluding contracts, payments, complaints, and termination.
2. The owner of the Service and the Provider is SOLID SOFTWARE Piotr Czerwiński, Szkolna 4, 55-114 Kryniczno, Polska, NIP: PL9151812835, contact e-mail: contact@citelyzer.com.
3. The Service is available through a web browser. Using features that require an Account constitutes acceptance of these Terms, expressed during registration.
4. The subscription Service provided through an Account is aimed primarily at businesses, but consumers may use it as well; the provisions of §8 apply to consumers and to the persons referred to in §8(1). The one-off report referred to in §7a is available without an Account, also to consumers, on the terms set out in that section.
5. These Terms are made available free of charge on the Service in a way that allows them to be obtained, reproduced, and stored.

§2. Definitions

For the purposes of these Terms, the following words have the meanings set out below:

1. Service - the CiteLyzer SaaS tool available at https://citelyzer.com, used to monitor brand visibility in the answers of generative AI engines.
2. Provider - SOLID SOFTWARE Piotr Czerwiński, Szkolna 4, 55-114 Kryniczno, Polska, NIP: PL9151812835, e-mail: contact@citelyzer.com.
3. Customer - the party that has concluded a contract with the Provider for the Service: a natural person, a legal person, or an organisational unit with legal capacity.
4. User - a natural person using the Service, including one acting on behalf of a Customer.
5. Account - the Customer’s individual account in the Service, linked to the Customer’s e-mail address; signing in is passwordless, using one-time codes sent to that address.
6. Plan - a variant of the Service (currently: Mini, Standard and Pro) with the scope and limits set out in the Pricing.
7. Pricing - the information published on the Service about Plans, their prices, limits, and billing periods.
8. Billing Period - the monthly period for which the Service fee is charged.
9. Trial - the free trial period of the Service described in §6, available only when the Provider currently offers it.
10. AI Engines - third-party generative artificial intelligence services (e.g. ChatGPT, Gemini, Perplexity, Google AI Overviews, Google AI Mode) whose publicly available answers the Service analyses.
11. Billing Portal - the subscription, payment, and billing-data management portal provided by the payment operator (Stripe).

§3. Scope of the Service

1. The Service monitors the visibility of the Customer’s brand in the answers of AI Engines: the Customer specifies a domain and phrases, and the Service periodically analyses publicly available answers of AI Engines and presents metrics based on them - in particular brand mentions, source citations, and comparisons with competitors.
2. The scope of the Service - including the number of tracked phrases and domains, the AI Engines covered, and the data refresh frequency - depends on the chosen Plan and is set out in the Pricing.
3. The results presented in the Service are observational and informational: they reflect AI Engine answers observed at a given moment and do not constitute a guarantee, recommendation, or advice (in particular legal, financial, or investment advice).
4. The Provider may develop, change, and improve the Service’s features, provided this does not materially reduce the scope of the Service paid for by the Customer during an ongoing Billing Period.

§4. Technical requirements

1. Using the Service requires:
   1. a device with Internet access,
   2. an up-to-date web browser with JavaScript and cookies enabled,
   3. an active e-mail address,
   4. to pay for the Service - a payment method supported by the payment operator (Plan subscriptions: a payment card; the one-off report: also other methods offered by the payment operator, e.g. BLIK and the Apple Pay / Google Pay wallets).
2. The Provider exercises due care to ensure the Service works correctly with standard hardware and software configurations, but does not guarantee full compatibility with every configuration.
3. The Provider may introduce technical breaks, updates, and changes to the Service, in particular to ensure security, develop features, or fix defects. Where possible, the Provider gives reasonable advance notice of longer planned downtime.

§5. Contract conclusion, registration, and Account

1. The contract for the electronic provision of the Service is concluded upon Account registration, which requires providing an e-mail address, confirming it with a one-time code, and accepting these Terms.
2. Signing in to the Account uses one-time codes sent to the Customer’s e-mail address, without a password. The Customer is responsible for securing access to the e-mail mailbox linked to the Account.
3. Data provided during registration and Service configuration must be true, current, and not misleading.
4. The Account is individual. Using another person’s Account, or sharing one’s own Account with third parties outside the features provided by the Service, is prohibited.
5. The Provider may refuse to create an Account, restrict access to the Service, or delete an Account in the event of a breach of these Terms or the law, or a justified suspicion of actions threatening the security of the Service.

§6. Trial

1. The Provider may offer new Customers a free Trial. Whether a Trial is currently offered, along with its length and limits, is published in the Pricing. At present no Trial is offered - using the Service requires purchasing a paid Plan.
2. If a Trial is offered: starting it may require providing payment card details, the card is not charged during the Trial, and cancelling the subscription before the Trial ends is free of charge and does not result in any payment.
3. When the Trial ends, the subscription automatically converts into a paid subscription of the chosen Plan and the payment card is charged for the first Billing Period - unless the Customer cancels the subscription in the Billing Portal or deletes the Account beforehand. The Customer may also activate the full paid Plan at any time during the Trial.

§7. Payments, invoices, and Plan changes

1. The Service is provided for a fee as a subscription to one of the Plans set out in the Pricing (currently: Mini, Standard or Pro), billed in monthly Billing Periods. Current prices are shown in the Pricing and in the order summary before payment.
2. Payments are processed by an external payment operator - Stripe. The Provider does not store full payment card numbers.
3. The subscription renews automatically for subsequent Billing Periods, and the fee is charged to the payment card at the start of each Billing Period - until the subscription is cancelled.
4. Invoices are issued automatically and sent to the e-mail address assigned to the Account. The Customer consents to receiving invoices electronically.
5. The Customer may change the Plan in the Billing Portal. An upgrade takes effect immediately, with a pro-rata settlement of the unused part of the current Billing Period. A downgrade takes effect from the start of the next Billing Period.
6. In the event of a failed payment, the Provider may restrict or suspend access to the Service until the outstanding amount is paid.
7. Price changes in the Pricing do not affect fees for an ongoing, already-paid Billing Period. The Customer will be informed of a price change applicable to a subscription renewal with enough advance notice to cancel the subscription before it renews.

§7a. One-off report (digital content)

1. Alongside the subscription Service, the Provider offers a one-off report: a single measurement of the indicated brand’s visibility in AI Engines’ answers, delivered as a PDF file to the e-mail address provided with the order. The report is digital content within the meaning of the Polish Consumer Rights Act, and its purchase does not require an Account. The provisions of these Terms apply to the one-off report accordingly, subject to this section.
2. The report’s price is stated in the Service, and the final amount including VAT is shown before payment, in the payment operator’s (Stripe) summary. The sale is documented with an invoice sent electronically to the e-mail address provided with the order.
3. The report is delivered promptly after the payment is confirmed, usually within several minutes. Should delivery be delayed, the buyer will be informed at the e-mail address provided.
4. AI Engines’ answers are probabilistic and change over time: the same phrase may return different answers at different moments. The report is a snapshot - it reflects the answers observed at the time of measurement. A result showing low or no brand visibility (including 0%) is a correct measurement outcome, not a defect of the digital content.
5. The recommendations in the report are informational. The Provider does not guarantee that any particular level of visibility will be achieved after implementing them - AI Engines’ answers are influenced by factors beyond the Provider’s control.
6. By placing the order, the buyer expressly consents to the delivery of the digital content before the withdrawal period expires and acknowledges that they thereby lose the right to withdraw from the contract (Article 38(13) of the Polish Consumer Rights Act). Confirmation of the given consent is provided in the order-confirmation e-mail.
7. Subjective dissatisfaction with the measurement outcome, including the measured level of brand visibility, does not constitute grounds for a complaint or a refund. This does not exclude the Provider’s statutory liability for the conformity of the digital content with the contract - complaints may be submitted as described in §9.

§8. Consumers and entrepreneurs with consumer rights

1. The provisions of this section apply to a Customer who is a consumer, as well as to a Customer who is a natural person running a business and concludes a contract directly related to that business but of a non-professional nature for them. These persons enjoy the relevant consumer-protection rights under Polish law - including the right to withdraw from the contract within 14 days of its conclusion, without giving any reason (the statement may be submitted by e-mail to contact@citelyzer.com).
2. The Service is a digital service provided from the moment a paid Plan is activated or - where offered - the Trial starts. By starting to use the Service before the withdrawal period expires, the person referred to in point 1 expressly requests that performance begin before that period expires and acknowledges that, in the event of withdrawal, they must pay for the services performed up to the moment of withdrawal (in proportion to the used part of the billing period), and that they lose the right of withdrawal once the service has been fully performed. Withdrawing during the free Trial, before the first card charge, involves no costs.

§9. Complaints

1. Complaints about the operation of the Service may be submitted by e-mail to: contact@citelyzer.com.
2. A complaint should include information allowing the Customer to be identified (e.g. the e-mail address assigned to the Account) and a description of the problem. If the information provided is insufficient, the Provider may ask for it to be supplemented.
3. Complaints are handled within 14 days of receipt or - where supplementation is needed - within 14 days of receiving the complete information.
4. The response to a complaint is sent to the e-mail address from which the complaint was submitted, or to another address indicated by the complainant.

§10. Liability

1. AI Engine answers are observational data originating from third parties. They are non-deterministic and may differ depending on the moment, location, conversation history, and other factors on the side of the AI Engine operators.
2. In particular, the Provider does not guarantee:
   1. that the Customer will achieve or maintain any specific visibility, position, number of mentions, or citations in AI Engine answers,
   2. that the results presented in the Service will be identical to the answers a specific user of an AI Engine sees at a given moment,
   3. uninterrupted availability of data from individual AI Engines - the scope and manner of making answers available depend on their operators and may change independently of the Provider.
3. The Provider is not liable for business, marketing, or other decisions made by the Customer on the basis of data presented in the Service.
4. The Provider is not liable for temporary unavailability of the Service caused by technical, maintenance, or security reasons or force majeure, nor for the Service malfunctioning because the Customer does not meet the technical requirements.
5. The Provider’s liability is limited to actual damage (excluding lost profits) and capped at the fees paid by the Customer for the Service in the 12 months preceding the event giving rise to the damage. This limitation does not apply to damage caused intentionally or to persons covered by consumer-protection provisions under §8.
6. Nothing in these Terms excludes or limits rights arising from mandatory provisions of law, including the rights of persons referred to in §8.

§11. Acceptable use and anti-abuse

1. The Customer uses the Service within the limits of the chosen Plan set out in the Pricing.
2. The following, in particular, is prohibited:
   1. circumventing Plan limits, including by creating multiple Accounts or using the Trial repeatedly,
   2. reselling the Service or making it available to third parties as one’s own service without the Provider’s consent,
   3. automated or systematic access to the Service and bulk downloading of data from the Service without the Provider’s consent,
   4. taking actions that could disrupt the operation of the Service or threaten its security, including attempts to gain unauthorised access,
   5. providing unlawful content.
3. The Provider may use anti-abuse mechanisms and, in the event of a breach of this section, restrict, suspend, or terminate access to the Service. Where possible and reasonable, the Provider first asks the Customer to stop the breach.

§12. Termination and Account deletion

1. The Customer may cancel the subscription at any time in the Billing Portal. Cancellation takes effect at the end of the ongoing, paid-for Billing Period - the Service remains active until then. The fee for a Billing Period that has already started is non-refundable, subject to §8 and mandatory provisions of law.
2. The Customer may delete the Account at any time in the Account settings in the Service. Deleting the Account terminates the contract and permanently deletes the Customer’s data, except for data the Provider is legally required to retain (in particular invoices and accounting records) or data necessary to establish or defend legal claims.
3. The Provider may terminate the contract with immediate effect in the event of a material breach of these Terms by the Customer, in particular a breach of §11, after an unsuccessful request to stop the breach, where such a request is possible and reasonable.
4. The Provider may discontinue the Service for important reasons (e.g. winding down the Service), informing Customers at least 30 days in advance and refunding a proportionate part of the fees for the unused period.

§13. Personal data

1. The controller of personal data processed in connection with the use of the Service is the Provider.
2. The rules for processing personal data - including purposes, legal bases, data recipients, retention periods, and the rights of data subjects - are set out in the Privacy Policy available on the Service.

§14. Intellectual property and trademarks

1. All rights to the Service - including its name, layout, content, graphics, interface elements, and databases - belong to the Provider or the respective third parties. Using the Service does not transfer any rights to these elements to the Customer.
2. The names and logos ChatGPT and OpenAI, Gemini and Google, and Perplexity are trademarks or designations of their respective owners. They are used in the Service solely to identify the services whose publicly available answers we analyse. The Provider is not affiliated with, sponsored by, or endorsed by these parties, and the use of these designations does not imply any partnership or endorsement.

§15. Changes to the Terms

1. The Provider may amend these Terms for important reasons, in particular in the event of:
   1. changes in the law,
   2. changes to the scope or manner of providing the Service,
   3. changes to the Service’s features,
   4. the need to clarify the provisions of these Terms,
   5. the need to ensure the security of the Service.
2. Customers with an Account will be informed of changes to the Terms by e-mail or within the Service at least 14 days before the changes take effect, unless the law or security considerations require a shorter period.
3. A Customer who does not accept the changes may terminate the contract before they take effect - by cancelling the subscription or deleting the Account. Continued use of the Service after the changes take effect constitutes acceptance.

§16. Final provisions

1. The contract is governed by Polish law. This choice of law does not deprive the persons referred to in §8 of the protection afforded by mandatory provisions of law.
2. Disputes arising from the contract are resolved by the court with jurisdiction over the Provider’s registered office, subject to mandatory provisions of law concerning the persons referred to in §8.
3. These Terms are drawn up in Polish and English. In the event of any discrepancies, the Polish version prevails.
4. If any provision of these Terms proves invalid or unenforceable, the remaining provisions remain in force.
5. These Terms enter into force on the date indicated in their text.