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).
12. Competing Entity - an entity that offers, develops, or is preparing to bring to market software or a service for measuring or monitoring brand visibility in the answers of AI Engines, including as part of a broader SEO or marketing tool, as well as any person acting for it or on its behalf, in particular an employee, associate, or contractor. An agency or consultant that provides services to its clients using the Service and does not develop its own tool of this kind is not a Competing Entity.

§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. Measurement consists of submitting the tracked phrases to AI Engines, including through specialised technical intermediaries. The operators of AI Engines process the queries they receive under their own terms, over which the Provider has no influence.
3. 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.
4. 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).
5. 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, also through the Apple Pay and Google Pay wallets; the one-off report: additionally other methods offered by the payment operator, e.g. BLIK).
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, when ordering the one-off report, and during configuration of the Service must be true, up to date, and not misleading. A person concluding the contract on behalf of a company or another entity represents that they are authorised to do so.
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. By concluding the contract, including by ordering the one-off report, the Customer represents that it is not a Competing Entity. The Provider concludes a contract with a Competing Entity only after giving its consent in documentary form (an e-mail is sufficient) and may refuse to conclude it without giving reasons.

§6. Trial

1. The Provider may offer new Customers a free Trial in the Pricing, or to selected people through a link with a code or an invitation (for example in an advertisement). The length of the Trial, its Plan and limits are stated in the Pricing, next to the link with the code, or in the invitation. At present the Pricing includes no Trial.
2. A Trial from a link with a code or from an invitation requires no payment card details and ends automatically, with no charge and without converting into a paid subscription. When it ends, measurements stop and the data collected in the Account is kept; resuming measurements requires purchasing a paid Plan.
3. A code may have a limited number of uses and an expiry date; once either is reached, the code grants no further Trials. A Trial from a link with a code can be used once per e-mail address.
4. If a Trial offered in the Pricing requires 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. When such a 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.
5. During any Trial the Customer may activate the full paid Plan at any time.
6. After a Trial ends, and also after a paid Plan ends or a payment fails, the Customer keeps access in the Account for 30 days to the measurement results collected up to the end date, including downloading the report. During this time no new measurements are taken and the configuration of the Service cannot be changed. After the 30 days, access requires purchasing a paid Plan, and the data collected in the Account is kept.

§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. A Customer that is a business with a Polish tax identification number (NIP) receives the invoice in the Polish National e-Invoicing System (KSeF); every other Customer receives the invoice at 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 of Directive 2011/83/EU on consumer rights, 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: made available in KSeF to a business with a Polish tax identification number (NIP), and sent electronically to the e-mail address provided with the order to every other buyer.
3. The report is delivered promptly after the payment is confirmed, usually within a few 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, implementing Article 16(m) of Directive 2011/83/EU, which applies to consumers in every EU Member State). 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. Phrases and brand and competitor names are sent to third-party AI Engines, so the Customer does not include in them confidential information, trade secrets or personal data of third parties.
3. 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. use of the Service, including the free tools and the one-off report, by a Competing Entity without the consent referred to in §5(6), as well as use of the Service to analyse, compare, or copy its features, methodology, results, content, or pricing for the purposes of one’s own or a third party’s competing product, including training artificial intelligence models,
   6. impersonating another person or entity, including the Provider, giving a false identity or a false affiliation with a company, using someone else’s e-mail address, and concluding the contract on behalf of an entity without authorisation,
   7. using intermediaries or front persons to circumvent the prohibitions in this section,
   8. providing unlawful content.
4. Monitoring the brands of the Customer’s competitors within the Service is an ordinary use of the Service and does not breach the prohibitions in this section.
5. 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.
5. The Provider may terminate the contract for an important reason, namely the inactivity of the Account: no active subscription or Trial and no sign-in for 12 months. The Provider informs the Customer of this at the Account’s e-mail address at least 30 days in advance; signing in before that period ends keeps the Account. Termination results in the deletion of the Account on the terms set out in point 2.
6. If the contract was concluded by a Competing Entity without the consent referred to in §5(6), or by a person who gave a false identity or acted without authorisation, the Provider may terminate the contract with immediate effect without a prior request to stop the breach. Fees for a Billing Period that has already started and for the one-off report are then non-refundable, subject to §8. A person whose contract was terminated for this reason may register again only with the Provider’s consent. This does not exclude the Provider’s right to claim damages under the general rules of law.

§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.
3. The Provider does not use the Customer’s data (domains, phrases, competitors or measurement results) to train artificial intelligence models and does not pass it to third parties for that purpose.

§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.
3. The Provider may compile anonymised, aggregated statistics from measurement results (for example average visibility in an industry) from which the brand, domain or phrases of an individual Customer cannot be identified. The Provider does not publish a specific Customer’s data without that Customer’s consent.

§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 are also available in English, German, French, Spanish, Dutch and Slovak. If anything is unclear or the language versions differ, 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.