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You are here SEOlytics.com Terms and Conditions

Term and Conditions

Please click here for the privacy policy.

1. General

1.1. SEOlytics is a software service provided by SEOlytics GmbH (hereinafter referred to as Service Provider). By registering with SEOlytics as user, you (hereinafter referred to as SEOlytics User) accept these Terms of Service (hereinafter referred to as TOS) pertaining to the use of SEOlytics.

1.2. The services provided are exclusively for persons who have reached the age of 14.

1.3. The Service Provider reserves the right to complement, extend, change, discontinue or improve services offered, in particular where such measures will improve the technological standard of the services or are deemed necessary for preventing abuse. The Service Provider will only make such modifications if they are reasonable and acceptable for the SEOlytics User or if their implementation is required by law.

1.4. Furthermore, the Service Provider may, with the consent of the SEOlytics User, amend the contract with the SEOlytics User as well as these Terms of Service. Consent to the amendment shall be deemed as given if the SEOlytics User does not object to the amendments within one month after receipt of the amendment notice. In the amendment notice the Service Provider will inform the SEOlytics User of the consequences of his failing to lodge an objection.

2. Object of the contract, amendment of the contract

2.1. SEOlytics provcides an software-as-a-service solution for search engine optimization (hereinafter referred to as service). The software organizes and aggregates different data from various sources. This data is provided to the customer in a way, that he can optimize websites for search engines in a more efficient way. 

2.2. The service is offered in different versions: a free version SEOlytics Starter (referred to below as "SEOlytics Starter") and (b) more comprehensive SEOlytics PRO version which is subject to a fee (referred to below as "SEOlytics PRO"). For updated specifications for these versions please visit http://www.seolytics.com/products/.

2.3. All services provided by the Service Provider free of charge may be discontinued at any time. In such a case the User will not be entitled to claim the continuation of this type of service.

2.4. SEOlytics reserves the right to show advertisements in SEOlytics Starter. The SEOlytics User is not permitted to edit, remove, or conceal any advertisements.

2.5. The Service Provider reserves the right to make use of the services of third parties in providing services.

3. Personal Data

3.1. The SEOlytics User confirms that all the personal data provided is true and complete. The SEOlytics User hereby agrees to the recording and electronic storage of this data by the Service Provider. The Service Provider will not transfer the data to third parties unless the SEOlytics User expressly agrees to this or the transfer is necessary to fulfill the services. The SEOlytics User undertakes to keep the personal data updated. In order to prevent abuse by unauthorized third parties, the SEOlytics User is under an obligation to keep the login data confidential.

4. Contract Length & Termination, Service Termination, Refund of Subscription Fees

4.1. Unless otherwise stipulated in the subscription description, the duration of SEOlytics PRO contracts is 1 month, and renews for this same period of time unless the User terminates the subscription two weeks before the subscription ends. To cancel via email, the cancellation request must be sent from the contact email address on file for the SEOlytics account. The cancellation request must also contain the registered user name and date of termination.

4.2. The Service Provider may terminate the contracts with the User unilaterally and without stating reasons by giving at least one monthís notice. In such a case the Service Provider will refund any fees paid by the User in advance on a pro rata basis. The Service Provider reserves the right to terminate the contract without notice in case the SEOlytics User fails to fulfill his contractual obligations (see section 5). Further, a breach of contractual duties may lead to civil or criminal action. In such a case any fees paid in advance on a pro rata basis will not be refunded.

4.3. Termination of optional services in addition to SEOlytics PRO will not affect the overall contractual relationship.

4.4. Upon termination of the contractual relationship the Service Provider will have no obligation to perform contractually agreed services. Accordingly, the Provider may delete any of the SEOlytics Users data on the server. 

5. General obligations of the SEOlytics User

5.1. The SEOlytics user agrees to use all data made ??available by SEOlytics solely as intended and for his own use.

5.2. The user is responsible for complying with all laws for their jurisdiction, as well as the regulations of the Federal Republic of Germany.

5.3. The SEOlytics user shall use the web application exclusively by means of an Internet browser. Automated querying of data is not permitted and will result in immediate revocation of access.

6. Service Disruption

6.1. The Service Provider will endeavor to ensure that the services are available and function properly at all times. The User acknowledges, however, that for technical reasons as well as due to the Service Provider's dependence on external factors, e.g. telecommunications networks, the uninterrupted availability cannot be guaranteed. The SEOlytics User can therefore not assert a claim for continual access to SEOlytics. Access restrictions of only a temporary nature shall not constitute grounds for warranty claims nor a right to extraordinary termination. In addition to the possible access restrictions due to circumstances beyond the Service Providers control, the Service Provider also reserves the right to impose temporal and/or complete access restrictions, particularly where the service is temporarily disabled for the purpose of installing technical improvements or eliminating errors and defects, etc.

6.2. In order to ensure the proper operability of the service, a number of system requirements are required. These include the most current version of Mozilla Firefox, Google Chrome, Microsoft Internet Explorer or Apple Safari and a working broadband internet connection. The Service Provider is not liable for disruptions caused by different system configurations.

7. Liability

7.1. The Service Provider is not liable for loss of data by the User or for unauthorized access to personal user data by third-parties (e.g. hackers).

7.2. The Service Provider also cannot be held liable for misuse by third parties of data and information made available to them by the Users themselves.

7.3. The Service Provider shall not be liable for any activities of or contents provided by the Users.

7.4. The Service Provider cannot be held liable for lost revenue or other damages arising from malfunction or unavailability of the SEOlytics systems. Excepting injury to life, limb, or health, SEOlytics GmbH is not liable for other damage claims. This exclusion does not apply to damages resulting from gross negligence on the part of SEOlytics GmbH or deliberate or gross negligence of SEOlytics GmbHís legal representatives or agents.

7.5. Any liability on the part of the Service Provider or affiliated providers will be limited to the equivalent amount of a yearly user fee.

8. Data Protection

8.1. The Service Provider will collect, process and use personal data concerning the SEOlytics Users. For further information regarding the Service Providers data processing and data protection policies, visit our privacy statement.

8.2. The SEOlytics User is aware of the fact that from a technical point of view the Service Provider is able to view any of the data saved on the SEOlytics server and that there is a theoretical possibility that the SEOlytics Users data may be accessed by unauthorized third-parties when transmitting the data over the Internet.

9. Cancellation Policy

9.1. You can cancel your agreement to this service contract in writing (for example, by letter, fax, or email) without stating any reasons within 14 days. This period begins after this policy has been provided to you in text form, but not before formation of the contact and not before our compliance with our information obligations consistent with Article 246 ß2 in conjunction with ß1 sections 1 and 2 of the Introductory Law of the German Civil Code  (EGBGB) as well as  our obligations under ß312e section 1 clause 1 of the German Civil Code (BGB) in conjunction with the Article 246 ß3 of the EGBGB. Timely submission of the cancellation notification is sufficient to ensure cancellation. Cancellation notices should be sent to support@seolytics.com or SEOlytics GmbH, Cancellations, Am Neumarkt 30, 22041 Hamburg, Germany.

Cancellation Effects

In the event of a valid cancellation, any services received by either party are to be returned and any benefits accrued (e.g. Interest) issued. If you are unable to release the rendered service either in full or in party or only in deteriorated condition, you may be liable for compensation. This may mean that you need to fulfill the contractually obligated payments for the time period. Refunds and reimbursements must be paid within 30 days. The period begins for you with submission of the cancellation notice, and for SEOlytics with its receipt.

Special Notes: Your right to cancellation expires if the contract has been fulfilled to the explicit satisfaction of both parties before you exercise your right to cancel.

10. Final Provisions

10.1. Should any individual provision of this contract be or become void, the validity of the remaining provisions shall remain unaffected. As required by 33, Para. 1 of the Federal Data Protection Act (BDSG) and  4 of the Teleservice Data Protection Ordinance (Teledienst Datenschutz-Verordung), notice is herewith given that data of users will be computer processed in machine-readable form.

10.2. These TOS and the contract shall be governed by the laws of the Federal Republic of Germany. This shall also apply in case the User registers from another country. The place of jurisdiction is the location of the Service Providerís registered office.

(Last Updated: September 19th, 2011)