1.1 These Terms and Conditions (“T&C”) govern the use of the publuence AI platform by business customers. They do not apply to consumers within the meaning of Section 13 of the German Civil Code (BGB). Consumer rights, in particular the right of withdrawal, do not apply.
1.2 The provider of the platform is publuence GmbH, Hauptstr. 113, 40764 Langenfeld, Germany (“publuence AI,” “we,” or “us”). The customer (“Customer”) accepts these T&C as binding for the contractual relationship. Deviating terms and conditions apply only if confirmed in writing by publuence AI.
1.3 If any provision of these T&C is invalid, the validity of the remaining provisions shall not be affected.
2.1 Core Service: publuence AI provides a platform that enables AI-based search and visibility analyses. The platform is primarily used to analyze the presence of companies in Large Language Models (LLMs). Detailed features are described on our website.
2.2 Service Changes: publuence AI may modify the service as long as core functionalities remain unaffected. Material changes will be announced in advance.
2.3 Third-Party Services: publuence AI assumes no liability for third-party services or data sources. If such services are discontinued, we will inform the Customer and make reasonable efforts to provide a solution.
2.4 Availability: Since publuence AI does not control all underlying LLMs, we do not guarantee complete error-free operation or uninterrupted availability. However, we will promptly remedy any material disruptions.
2.5 No Guarantee of Results: publuence AI does not guarantee specific results or success rates unless expressly agreed in writing.
3.1 The Customer agrees to use the service solely for lawful business purposes and in compliance with all applicable laws. Access credentials must be kept confidential. Customer inputs must not infringe the rights of third parties or violate legal provisions.
3.2 Prohibited Use: The Customer may not misuse the service. Access is personal and may not be shared, sold, rented, or otherwise transferred to third parties. In case of violations, publuence AI may suspend access or terminate the contract without notice.
4.1 Platform IP: All rights to software, algorithms, models, documentation, and other intellectual property remain with publuence AI. The Customer is granted a simple, non-transferable right of use for internal business purposes during the contract term.
4.2 Customer Data: The Customer retains all rights to its data (“Customer Data”). The Customer grants publuence AI the right to use such data solely for the provision of the service. publuence AI processes and stores Customer Data in compliance with applicable data protection law and our Privacy Policy. Data will not be shared with third parties without the Customer’s consent. After termination, data will be deleted or returned upon request, unless legal retention obligations apply.
5.1 Fees: The fees are based on the respective order or contract. All prices are exclusive of applicable VAT.
5.2 Invoicing and Payment: Invoices are issued according to the agreed billing cycle (e.g., monthly or annually) and are due within 14 days of the invoice date. Accepted payment methods include bank transfer, credit card, or PayPal. In the event of late payment, statutory default interest will be charged. publuence AI may suspend access until outstanding amounts are settled.
6.1 Unlimited Liability: publuence AI is fully liable in cases of intent or gross negligence.
6.2 Ordinary Negligence: In cases of ordinary negligence, publuence AI is only liable for breaches of essential contractual obligations (cardinal obligations).
6.3 Exclusion of Liability: For ordinary negligence not affecting cardinal obligations, liability is excluded.
6.4 Third Parties: These limitations also apply to representatives, employees, and agents of publuence AI.
6.5 Indemnification: The Customer shall indemnify publuence AI against third-party claims arising from unlawful use of the service or breaches of these T&C.
7.1 The contract begins upon registration or execution of the agreement. The term is determined by the order or is indefinite.
7.2 Ordinary Termination:
7.3 Termination for Cause: Immediate termination is possible in cases of material breach, repeated payment default, or insolvency. publuence AI may suspend access immediately.
7.4 Effects of Termination: Upon termination, the account will be deactivated. Customer Data should be secured in advance. Prepayments will only be refunded pro rata if publuence AI is responsible for the termination. Obligations that survive termination (e.g., confidentiality, liability) remain in effect.
8.1 This agreement is governed exclusively by German law. The UN Convention on Contracts for the International Sale of Goods (CISG) and international conflict-of-law provisions do not apply.
8.2 Exclusive jurisdiction for all disputes arising from or in connection with this contract is Langenfeld, Germany. Notwithstanding the above, interim relief may also be sought before courts in other jurisdictions.
publuence AI may name the Customer as a reference and use the Customer’s name, logo, and branding in marketing materials in a factually correct manner. The Customer may object to such use at any time in writing for legitimate reasons. Confidential information will not be disclosed.
10.1 Amendments: publuence AI may amend these T&C. Existing Customers will be informed at least 6 weeks in advance. If the Customer does not object, the amendments are deemed accepted. If the Customer objects, the contract may be terminated before the changes take effect.
10.2 No Side Agreements: Only the provisions of these T&C or written agreements apply.
10.3 Severability: If any provision is invalid, the remainder of the contract remains valid. A substitute provision shall reflect the intended economic purpose.
10.4 Language: The German version of these T&C is legally binding. The English version is provided for convenience only.
10.5 Contact: publuence GmbH, Hauptstr. 113, 40764 Langenfeld, Germany. E-mail: hello@publuence.ai. Imprint and Privacy Policy are available at www.publuence.ai.
