1. Scope and Applicability
1.1 Business Customers Only
Our service is offered exclusively to businesses. These terms apply only if you are an entrepreneur within the meaning of the Austrian Enterprise Code (UGB), a legal entity under public law, or a special fund under public law. These terms do not apply to consumers. Statutory rights granted to consumers, such as the right of withdrawal, do not apply.
1.2 Exclusivity of These Terms
The relationship between brandecho.ai and the user is governed exclusively by these terms. We expressly object to the inclusion of any general terms and conditions of the user. Deviating or supplementary terms are not recognized and do not form part of the contract unless we have expressly agreed to them in text form.
2. The brandecho.ai Service
2.1 Core Functionality
brandecho.ai provides a software-as-a-service platform that helps businesses analyze and evaluate their visibility in AI searches and large language models (LLMs). Detailed descriptions of the service's features and capabilities are available on our website.
2.2 Changes to the Service
We may make reasonable changes to the service (e.g., to improve performance or to comply with legal requirements), provided that such changes do not eliminate core functionalities. We will notify you of material changes in a timely manner.
2.3 Third-Party Dependencies
Our service relies on third-party providers and data sources (e.g., LLMs). The availability of these external services is beyond our direct control. Should a third-party provider discontinue the provision of a necessary component, we will inform you and endeavor to find a suitable alternative.
2.4 Service Interruptions
We do not guarantee that the service will be completely error-free or available without interruption, but we will make commercially reasonable efforts to resolve material service issues within our control as promptly as possible.
2.5 No Guarantee of Results
brandecho.ai is an analysis and evaluation tool. Unless expressly stipulated in a separate agreement, we do not guarantee any specific results from the use of our service, such as increased visibility or improved search rankings.
3. User Obligations
3.1 Lawful and Proper Use
You agree to use the service only for lawful 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 any third-party rights or violate any laws.
3.2 Prohibited Activities
You are prohibited from reverse engineering, decompiling, misusing, or otherwise attempting to discover 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 (with reasonable prior notice, where feasible) and/or to terminate the contract for cause in accordance with Section 7.3.
4. Intellectual Property and Data Rights
4.1 Our Intellectual Property
All intellectual property rights in the brandecho.ai service, including software, algorithms, and documentation, are exclusively owned by 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, as described in these terms.
4.2 Your Data
You retain all ownership rights in 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 the purpose of providing and improving the service and fulfilling our contractual obligations. All data is handled in accordance with our privacy policy. We will not use or disclose your User Data for other purposes without your consent. Upon termination of the contract, we will delete or return your User Data upon request, unless we are legally required to retain it.
5. Fees, Payment, and Set-Off
5.1 Fees and Taxes
You agree to pay the fees for the service in accordance with the plan or order you have selected. All prices are quoted net plus applicable value-added tax (VAT), which will be added as required by law. Should usage exceed the number of paid credits specified in the order form or require additional fees, the customer will be invoiced for such excess usage from the first point of use under an unpaid subscription. Credits represent our service quota without intrinsic monetary value and are generally non-transferable (neither to third parties nor between accounts). Furthermore, there is no entitlement to cash payment or refund. We reserve the right to adjust pricing for credit packages for both paid and unpaid subscriptions with reasonable advance notice. Renewal fees or additional subscriptions are subject to the prices listed on our website at the time of renewal, unless an alternative written agreement has been made.
5.2 Invoicing and Payment
Fees are billed in advance for each cycle (e.g., monthly or annually) through our payment service provider Stripe. In the absence of an alternatively agreed payment method, a valid credit card is mandatory for subscribing to our services. Payments are due within 14 days of the invoice date, unless otherwise specified. In the event of late payment, we may charge statutory default interest in accordance with Austrian law for B2B transactions (currently 9.2 percentage points above the ECB base rate). We also reserve the right, after issuing a reminder and allowing a reasonable grace period, to suspend access to the service until overdue amounts are paid. It is the customer's responsibility to promptly update any changes to their account information, including billing address or credit card details.
5.3 Downgrades
The customer is not permitted to downgrade their subscription level or reduce the limits of their subscription during an ongoing subscription term. For any planned downgrade in a subsequent term, the customer must either carry out the downgrade directly within the application or notify Brandecho in writing at least thirty (30) days before the end of the current term, unless otherwise agreed in writing. Please note that a downgrade may result in a reduction of content, features, or capacity, and Brandecho is not liable for any resulting losses. No credits or refunds will be granted for underutilized subscriptions or remaining periods of the subscription term.
5.4 No Set-Off
You may only set off counterclaims against our payment claims if such counterclaims are undisputed by us or have been established by a final court judgment. You may not withhold or reduce payments by setting off other claims against us, unless such claims are recognized or legally established. This does not limit your right to assert claims for damages separately.
6. Limitation of Liability
6.1 Unlimited Liability
We are liable without limitation in cases of intent, gross negligence, or for damages arising from injury to life, body, or health caused by a breach of duty on our part.
6.2 Liability for Slight Negligence
In cases of ordinary (slight) negligence, we are liable only for the breach of material contractual obligations. Material obligations are those that are fundamental to the contract and on the fulfillment of which the user can and may rely.
6.3 Further Limitations
To the extent our liability is limited or excluded under these provisions, the same limitations or exclusions apply to the personal liability of our officers, employees, representatives, and subcontractors.
6.4 Indemnification by the User
The user shall indemnify Brandecho against all third-party claims arising from the user's unlawful use of the service or from a breach of these terms, to the extent the user is responsible for such breach.
7. Term and Termination
7.1 Contract Term
The contract begins with your registration and acceptance of these terms. The term is determined by your subscription plan (e.g., a monthly or a 12-month subscription). Unless terminated, the contract renews in accordance with the terms of your plan.
7.2 Ordinary Termination
Either party may terminate a monthly subscription at any time with effect at the end of the current billing cycle. A 12-month subscription may be terminated with thirty (30) days' notice before the end of the 12-month cycle. Termination may be made online within the application or in writing (e.g., by email to office@brandecho.ai).
7.3 Termination for Cause
Either party may terminate the contract with immediate effect for cause if the statutory requirements are met. Cause for Brandecho includes a serious breach of these terms by the user (such as misuse of the service or persistent non-payment) that is not remedied despite a formal warning, or the user's insolvency.
7.4 Consequences of Termination
Upon termination, no further monthly credits will be allocated to you. You are responsible for exporting all required data before the termination date. We may delete User Data after a brief retention period, except for data we are legally required to retain. Prepaid fees are not refunded unless the termination was for cause due to a breach of duty on our part that was not remedied. Clauses that by their nature are intended to survive termination (such as confidentiality, liability, governing law, etc.) shall remain in effect.
8. Governing Law and Jurisdiction
8.1 Governing Law
This agreement and all disputes arising therefrom shall be governed by the laws of Austria, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
8.2 Jurisdiction
The exclusive place of jurisdiction for all disputes arising out of or in connection with these terms shall be the competent court in Vienna, Austria, provided the user is a merchant, a legal entity under public law, or a special fund under public law.
9. Customer Reference
We are proud of our users. For marketing and promotional purposes, we may identify you as a brandecho.ai user 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 in a factual and respectful manner. This right shall survive the termination of our agreement unless you object in writing for a legitimate reason. Rest assured that we will never disclose your confidential information as part of our promotional activities.
10. Final Provisions
10.1 Amendments to the Terms
For existing contracts, we will notify you in writing of any planned changes to these terms at least six weeks in advance. The changes shall be deemed approved if you do not object in writing within the notice period. We will expressly draw your attention to this consequence in the notification. If you object, either party may terminate the contract.
10.2 Entire Agreement
These terms, together with all referenced order forms, constitute the entire agreement between us. There are no collateral agreements. All amendments or supplements to this contract must be in writing to be effective. This also applies to any waiver of this written form requirement.
10.3 Severability Clause
Should any provision of these terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The parties agree to replace the invalid provision with a valid one that most closely reflects the original economic purpose.
10.4 Contract Language
The German version of these terms of use is the legally binding version. Any translations are for informational purposes only.
10.5 Contact and Legal Notice
The provider of the service is Shopaholics GmbH, with its registered office at Schleifmühlgasse 21/3, A-1040 Vienna. For questions or notifications, please contact us through the channels listed on our website. Our legal notice and privacy policy are also available on our website.