Palagus AI Visibility Analytics 

Last updated: 20 October 2026 

1. Provider, Scope and Business Customers 

1.1 These Terms of Service (the “Terms”) govern access to and use of the Palagus software-as-a-service platform, related websites, dashboards, reports, exports and support services (collectively, the “Service”). 

1.2 The provider of the Service is: 

[FULL LEGAL NAME OF PROVIDER] 

[LEGAL FORM] 

[REGISTERED BUSINESS ADDRESS] 

[REGISTRATION COURT AND REGISTRATION NUMBER, IF APPLICABLE] 

[REPRESENTED BY] 

[BUSINESS EMAIL / SUPPORT EMAIL] 

1.3 The Service is offered exclusively to entrepreneurs and business customers within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Consumers within the meaning of Section 13 BGB may not use the Service. 

1.4 By registering, ordering or using the Service, the person acting for the Customer confirms that the person is authorised to bind the Customer. “Customer” means the business or organisation for which the Service is ordered or used. 

1.5 Individual offers, order forms or enterprise agreements agreed with the Customer take precedence over these Terms to the extent of a conflict. Terms of the Customer do not apply unless expressly accepted by Palagus in text form. 

2. The Service 

2.1 Palagus provides AI visibility analytics for brands and marketing teams. The Service may monitor and analyse how brands, domains, aliases, products, competitors, topics and personas appear in outputs generated by supported large language models and AI search services. 

2.2 Depending on the Customer’s configuration and the then-current product scope, the Service may include: 

• AI visibility and brand mention tracking; 

• prompt monitoring and analysis; 

• competitor, share-of-voice and historical trend analysis; 

• citation and source tracking; 

• sentiment indicators; 

• reports and dashboards; 

• CSV and PDF exports; and 

• prompt suggestions or other analytical features shown in the Service. 

2.3 Supported services may include ChatGPT, Google Gemini, Perplexity, Microsoft Copilot, Claude, Google AI Overviews and other AI systems made available in the Service. Availability may vary by plan, territory, language, technical feasibility and third-party access. 

2.4 Customers may add brands, domains, aliases, competitors, topics, personas, prompts, keywords, descriptions and URLs. The Service provides measurements and analyses. Unless expressly agreed in a separate written statement of work, Palagus does not provide individual legal, financial, marketing or other professional advice. 

2.5 The description of features in the applicable order, pricing configuration or in-product checkout forms part of the agreed scope. Marketing statements do not constitute a guarantee unless expressly designated as such in text form. 

3. Registration, Accounts and Contract Formation 

3.1 Customers may register through the website, receive access by invitation, subscribe through the checkout or accept an individual offer. Palagus may reject registrations for objectively justified reasons, including security, sanctions, capacity, payment, misuse or legal concerns. 

3.2 A contract is formed when the Customer: (a) creates an account and accepts these Terms, where the relevant access is free; (b) completes a paid subscription order accepted by Palagus; or (c) accepts an individual offer, whichever occurs first for the relevant Service. 

3.3 The Customer must provide accurate and current registration and billing information and keep it updated. 

3.4 Each individual must use a separate account. Credentials may not be shared. The Customer is responsible for all authorised users, invited freelancers and external service providers, and for their compliance with these Terms. 

3.5 The Service may support Owner, Admin, Member and Viewer roles. The Customer is responsible for assigning and reviewing permissions. A user may belong to more than one Customer workspace where authorised by each Customer. 

3.6 The Customer must protect credentials, use reasonable security measures and notify Palagus without undue delay of suspected unauthorised access. 

4. Agency and Client Use 

4.1 Agencies, consultants and freelancers may use the Service for their own clients and may provide reports and results to those clients, provided that they have all permissions required to submit and process the relevant data. 

4.2 The Customer remains contractually responsible for client projects, invited users and compliance with applicable law. Access may not be sublicensed, resold or made available as a standalone competing service unless separately agreed. 

5. Plans, Configuration and Prices 

5.1 Palagus offers a free one-time analysis (“Free Analysis”) and a configurable paid plan (“Flexible Plan”). The current features, limits and prices are displayed before ordering. 

5.2 The Free Analysis permits one prompt set to be sent once to three designated AI models and the resulting answers to be analysed once. It does not include recurring monitoring and does not require payment-card information. Palagus may modify or discontinue free offers at any time, provided this does not affect already purchased paid periods. 

5.3 The Flexible Plan price is based on the configuration selected by the Customer, including the number of prompts, supported AI models and monitoring frequency, such as daily or weekly monitoring. The minimum configuration is 20 prompts and two AI models. Billing is based on booked capacity, not actual usage, unless the order states otherwise. 

5.4 The total price is shown before the Customer submits a binding paid order. Unless expressly stated otherwise, all prices are net prices and VAT or other applicable taxes are added as required by law. 

5.5 The Customer may upgrade at any time. Upgrades take effect immediately and are charged pro rata for the remainder of the current billing period. Downgrades take effect only at the end of the then-current monthly or annual billing period. No credit or refund is issued for unused booked capacity before that date. 

5.6 The Service will not automatically exceed booked capacity without the Customer’s express order. Where a limit is reached, Palagus may stop or restrict the affected function and invite the Customer to upgrade. Palagus will not impose unexpected overage charges without transparent prior agreement. 

6. Trial 

6.1 Palagus may offer a seven-day trial of the Flexible Plan, limited to 100 prompts and three AI models. A valid payment method may be required. 

6.2 If the checkout clearly states that the trial converts into a paid subscription, and the Customer expressly orders that subscription, the subscription begins automatically when the trial ends unless cancelled before the end of the trial. The price and billing interval shown at checkout apply. 

6.3 If the checkout instead identifies the trial as non-converting, access ends unless the Customer actively subscribes. The checkout terms presented at the time of order control. 

6.4 Palagus may restrict or terminate a trial for misuse, security reasons or breach of these Terms. Trial availability is limited to one trial per Customer unless Palagus agrees otherwise. 

7. Billing and Payment 

7.1 Paid subscriptions are billed monthly or annually in advance, as selected by the Customer. Individual contracts may provide different billing arrangements. 

7.2 Payment is due immediately when charged or invoiced, unless an individual invoice states another due date. Payments are generally processed by Stripe using the payment method selected by the Customer. 

7.3 The Customer authorises Palagus and its payment provider to charge recurring fees and applicable taxes for each renewal period until effective cancellation. 

7.4 If payment is overdue or a payment fails, Palagus may suspend access after notice. Immediate suspension is permitted where necessary to prevent fraud, misuse or a material security risk. Statutory claims for default interest, collection costs and other remedies remain unaffected even if Palagus initially chooses not to charge them. 

7.5 The Customer may only set off claims that are undisputed or finally adjudicated. Rights of retention may only be exercised where based on the same contractual relationship. 

8. Term, Renewal, Cancellation and Refunds 

8.1 Monthly subscriptions run for one month and automatically renew for successive one-month periods unless cancelled before the next renewal date. 

8.2 Annual subscriptions run for twelve months. The renewal arrangement displayed at checkout or in the order applies. If automatic annual renewal is selected, the subscription renews for another twelve months unless cancelled before the renewal date. If non-renewal is selected, it ends at the end of the annual term without further notice. 

8.3 The Customer may cancel at any time through the account interface. Cancellation takes effect at the end of the current paid billing period. There is no separate cancellation notice period unless an individual order states otherwise. 

8.4 After cancellation, the Customer retains access until the end of the paid period. Fees already paid are non-refundable except where required by law, expressly agreed, or where the Customer validly terminates for cause attributable to Palagus. 

8.5 Either party may terminate for cause. Where the breach is capable of remedy, termination for cause generally requires notice and a reasonable cure period. No cure period is required for serious, repeated or irremediable violations, unlawful use, fraud, security attacks or persistent non-payment. 

9. Price Changes 

9.1 Palagus may change prices for future billing periods. Existing Customers will be notified at least 30 days before a changed price takes effect. 

9.2 A price change does not affect an already paid billing period. For existing Customers, it applies from the next renewal occurring after the notice period. If the Customer does not accept the change, the Customer may cancel before it takes effect and the contract ends at the end of the then-current billing period. 

10. Permitted Use and Restrictions 

10.1 The Customer may use the Service for legitimate internal business purposes and, under Section 4, for authorised client work. 

10.2 The Customer must not, and must not allow any third party to: 

• use the Service unlawfully or infringe third-party rights; 

• submit unlawful, harmful or unauthorised content or personal data; 

• reverse engineer, decompile, disassemble or attempt to discover source code, except where mandatory law expressly permits it; 

• circumvent technical measures, usage limits or access restrictions; 

• scrape or systematically extract the Service except through an authorised export or interface; 

• resell accounts, share personal credentials or provide unauthorised access; 

• interfere with, overload, attack or disrupt the Service or related infrastructure; 

• introduce malware or attempt unauthorised access to accounts, systems or data; 

• use Palagus data or functionality to create or train a competing database, monitoring service or substantially similar product, unless separately licensed; or 

• use personal data without a valid legal basis or required permissions. 

10.3 Palagus may suspend affected access immediately where reasonably necessary to address an urgent security threat, unlawful activity, fraud, material misuse or risk to other customers. In other cases, Palagus will normally provide notice and an opportunity to remedy before permanent termination. 

11. Customer Data and Content 

11.1 “Customer Data” means data, prompts, text, URLs, configurations and materials submitted to the Service by or for the Customer. The Customer retains all rights in Customer Data. 

11.2 The Customer grants Palagus a non-exclusive, worldwide, limited right to host, copy, transmit, process, display and otherwise use Customer Data only as necessary to provide, secure, support and maintain the Service, comply with law and enforce these Terms. 

11.3 Palagus will not use Customer Data to train Palagus proprietary AI models without the Customer’s separate express consent. 

11.4 Palagus may create and use statistics that are aggregated and anonymised so that neither the Customer nor an individual is reasonably identifiable. Such statistics may be used to operate, secure, measure, benchmark and improve the Service. Palagus will not disclose Customer-confidential information through such use. 

11.5 The Customer represents that it has all rights, permissions and legal bases required to submit and use Customer Data. The Customer must not upload files or data types not supported by the Service. A prompt entered as text is not treated as a file upload. 

11.6 Where Palagus processes personal data on behalf of the Customer as a processor, the parties must enter into a separate data processing agreement meeting applicable requirements. These Terms do not replace such agreement. 

12. Reports, Results and Intellectual Property 

12.1 Palagus and its licensors retain all rights in the Service, software, interface, branding, documentation, models, methods, scoring logic, know-how and underlying technology. 

12.2 Subject to payment and compliance with these Terms, the Customer may use, reproduce and share reports, scores, charts and exports generated for the Customer for internal business and authorised client purposes. The Customer may publish screenshots and charts if no third-party rights, confidentiality obligations or applicable laws are violated. 

12.3 The Customer may not sell raw Palagus datasets, create a competing database, remove proprietary notices or represent that third-party AI outputs were created by Palagus. Separate commercial data licences require a written agreement. 

12.4 Feedback may be used by Palagus without restriction or compensation, provided it does not identify Customer-confidential information as the Customer’s without permission. 

13. AI Systems, Variability and No Guaranteed Results 

13.1 The Service relies in part on third-party AI systems, search services, APIs, websites and data sources outside Palagus’s control. Their availability, terms, interfaces, models and outputs may change or cease without notice. 

13.2 AI outputs are probabilistic and dynamic. Results may vary over time, between requests, accounts, locations, languages, model versions and providers. Complete reproducibility, completeness and error-free results are not guaranteed. 

13.3 Palagus does not guarantee any specific mention, ranking, sentiment, share of voice, visibility improvement, citation, traffic, lead, revenue or other business outcome. 

13.4 Results are indicators for analysis and must not be used as the sole basis for material legal, financial, compliance, investment or business decisions. The Customer is responsible for independent review, interpretation and decisions based on the results. 

14. Service Changes, Maintenance and Availability 

14.1 Palagus may improve, modify, replace or discontinue features and may add or remove supported AI models and data sources. Palagus will not materially remove the core functionality of a paid Service during a current paid period without providing a reasonable substitute or a right to terminate the affected Service and receive a pro rata refund for the unused affected period. 

14.2 Palagus does not commit to a specific service level or availability percentage under these Terms. Individual service levels may be agreed separately for enterprise Customers. 

14.3 The Service may be unavailable due to maintenance, updates, security measures, internet or hosting failures, force majeure and failures or restrictions of third-party providers. Palagus will use commercially reasonable efforts to maintain and restore the Service but does not provide service credits unless expressly agreed in a separate SLA. 

14.4 Where reasonably practicable, Palagus will provide advance notice of material planned changes or maintenance likely to significantly affect use. 

15. Confidentiality 

15.1 Each party must protect the other party’s non-public information that is identified as confidential or that should reasonably be understood as confidential, including Customer Data, special pricing, business secrets, technical information and individual reports (“Confidential Information”). 

15.2 Confidential Information may be used only to perform or receive the Service and disclosed only to personnel, advisers and subcontractors who need to know it and are bound by appropriate confidentiality obligations. 

15.3 Confidential Information does not include information that the receiving party can demonstrate: (a) is or becomes public without breach; (b) was lawfully known without restriction; (c) is received lawfully from a third party; or (d) is independently developed without use of the Confidential Information. 

15.4 A party may disclose Confidential Information where required by law, provided it gives notice where legally permitted and reasonably assists in limiting disclosure. 

15.5 These obligations continue for five years after termination. Trade secrets remain protected for as long as they qualify as trade secrets under applicable law. 

16. Warranty and Defects 

16.1 Palagus will provide the Service substantially in accordance with the agreed description and with the care customary for comparable SaaS services. The statutory warranty rules applicable under German law remain subject to the limitations validly agreed in these Terms. 

16.2 The Customer must notify Palagus without undue delay of material defects and provide information reasonably necessary to reproduce and remedy them. The Customer must take reasonable steps to mitigate damage. 

16.3 Strict liability for defects existing at the time of contract conclusion under Section 536a(1), first alternative, BGB is excluded to the extent legally permissible. Claims for insignificant impairments are excluded where legally permissible. 

16.4 No warranty applies to problems caused by Customer systems, unsupported configurations, unauthorised changes, misuse or third-party services outside Palagus’s reasonable control, unless Palagus is responsible for the problem. 

17. Liability 

17.1 Palagus is liable without limitation for intent and gross negligence; injury to life, body or health; fraudulent concealment; guarantees expressly assumed; and mandatory liability, including under the German Product Liability Act. 

17.2 In cases of slight negligence, Palagus is liable only for breach of a material contractual obligation, meaning an obligation whose fulfilment is essential for proper performance and on which the Customer may regularly rely. In that case, liability is limited to the foreseeable damage typical for this type of contract. 

17.3 To the extent permitted by law, Palagus is not liable for indirect or consequential losses, lost profits, lost opportunities, anticipated savings, reputational damage or decisions based on AI-generated or analytical results, unless covered by Section 17.1 or caused by breach of a material contractual obligation under Section 17.2. 

17.4 Where liability under Section 17.2 applies, aggregate liability per contractual year is limited to the fees paid or payable by the Customer for the affected Service during the twelve months preceding the event giving rise to the claim. If the Customer used only a free Service, the cap is EUR 1,000. This cap does not apply in the cases listed in Section 17.1. 

17.5 The limitations apply correspondingly to Palagus’s directors, employees, representatives, agents and subcontractors. 

17.6 Claims under data protection law are governed by the applicable statutory provisions and any applicable data processing agreement. 

18. Customer Indemnity 

18.1 The Customer will indemnify Palagus against justified third-party claims, reasonable defence costs and legally imposed liabilities arising from Customer Data or the Customer’s culpable unlawful use of the Service, including infringement of intellectual property, confidentiality, privacy or data protection rights. 

18.2 Palagus will notify the Customer without undue delay, allow reasonable participation in the defence and not admit liability or settle a claim at the Customer’s expense without reasonable consultation. The indemnity does not apply to the extent Palagus caused the claim. 

19. Data Export, Switching and End of Service 

19.1 During the contract and, where technically available, through the account interface, the Customer may export prompts, brand and competitor configurations, measurement data and reports in CSV and/or PDF format. User credentials, security data, Palagus source code, proprietary scoring logic, internal system data and data protected as Palagus trade secrets are not exportable. 

19.2 Where the EU Data Act applies to the Service, the Customer may request switching to another data processing service or transfer of exportable data and digital assets to its own ICT infrastructure. The maximum notice period to initiate switching is two months. After that notice period, Palagus will complete the switching process within a maximum transitional period of 30 calendar days, unless the extension rules permitted by applicable law apply. 

19.3 During the transitional period, the contract and applicable fees remain in effect. Palagus will provide reasonable assistance, maintain business continuity with due care, identify known continuity risks and maintain an appropriate level of security during transfer. 

19.4 Exportable data for switching consists of the Customer Data and generated data listed in Section 19.1 that can be exported without disproportionate technical effort. Internal-functioning data excluded under Section 19.1 is not portable where disclosure would risk Palagus trade secrets and exclusion does not impede switching contrary to mandatory law. 

19.5 After the transitional period, exportable data will remain available for retrieval for at least 30 calendar days where required by the EU Data Act. Palagus will then delete or anonymise Customer Data within a reasonable period, subject to mandatory retention duties, backups, security records and unresolved legal claims. This mandatory retrieval period prevails over any request for immediate deletion to the extent the law requires continued availability. 

19.6 Standard self-service export and reasonable switching information are included. Any additional bespoke migration assistance may be charged only to the extent and for the period permitted by applicable law and must be agreed in advance. 

19.7 The contract is deemed terminated when switching has been successfully completed, or at the end of the applicable notice period where the Customer requests deletion instead of switching, subject to the agreed subscription term and any mandatory switching rights. 

20. Customer References 

20.1 Palagus may identify the Customer by name as a customer only with the Customer’s prior express consent. 

20.2 Palagus may use the Customer’s logo as a factual customer reference unless the Customer opts out in text form, provided that Palagus follows reasonable brand guidelines and does not imply endorsement. The Customer may withdraw permission at any time with effect for the future. 

20.3 Case studies, testimonials and disclosure of non-public results require separate prior approval from the Customer. 

21. Changes to these Terms 

21.1 Palagus may amend these Terms for future contracts at any time. For existing contracts, Palagus may propose changes where reasonably necessary because of changes in law, security requirements, product functionality, external provider requirements, business-model developments or to correct ambiguities. 

21.2 Palagus will notify affected Customers at least 30 days before a material change takes effect. Changes will not retroactively reduce already paid core obligations. 

21.3 If a change materially disadvantages the Customer, the Customer may terminate the affected Service before the change takes effect. Silence will not be treated as consent where affirmative consent is required by law. If the Customer rejects a change that is reasonably necessary to continue the Service, either party may terminate the affected contract at the end of the current billing period. 

22. Governing Law and Jurisdiction 

22.1 These Terms and the contractual relationship are governed by the laws of the Federal Republic of Germany, excluding conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). 

22.2 If the Customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the registered office of Palagus. Palagus may also bring proceedings at the Customer’s general place of jurisdiction. 

23. Final Provisions 

23.1 Notices relating to the contract may be made in text form, including by email or in-product notification, unless mandatory law requires another form. Termination through the account remains available as described in Section 8. 

23.2 Neither party may assign the contract without the other party’s prior consent, which may not be unreasonably withheld. Palagus may assign the contract to an affiliated company or successor in connection with a merger, reorganisation or sale of substantially all relevant assets, provided the Customer’s legitimate interests are not materially impaired. 

23.3 If a provision is invalid or unenforceable, the remaining provisions remain effective. The applicable statutory rule replaces the invalid provision. No reduction-to-validity clause is intended. 

23.4 Failure to enforce a right is not a waiver of that right. 

23.5 These Terms, the applicable order and any referenced documents constitute the complete agreement regarding the Service. Individually negotiated provisions prevail. 

23.6 These Terms may be provided in German and English. The English version is binding. Any translation is provided for convenience only. 

24. Contact 

Questions, notices and support requests may be sent to: 

[BUSINESS / SUPPORT EMAIL] 

[FULL LEGAL NAME AND POSTAL ADDRESS] 

Appendix A. Order and Product Parameters 

The specific order or checkout confirmation should record at least: the selected plan, prompt quantity, AI models, monitoring frequency, monthly or annual billing, price, taxes, trial-conversion model, renewal model and any individual service level. If an order conflicts with these Terms, the individually agreed order prevails. 

• Plan: Free Analysis / Flexible Plan / Individual 

• Prompts: As shown in order; Flexible minimum: 20 

• AI models: As shown in order; Flexible minimum: 2 

• Monitoring frequency: One-time / weekly / daily 

• Billing interval: Monthly / annual / individual 

• Trial: 7 days; up to 100 prompts and 3 models, if offered 

• Renewal: As shown in checkout or order 

• Price and taxes: As shown before order 

• SLA: None unless separately agreed