Terms of Service

§ 1 Scope and customers

(1) These Terms of Service (Terms) apply to all contracts between growResonance, owner Lucas Würms, Lindenstraße 15, 88699 Frickingen (hereinafter “Provider”), and its customers regarding the use of the software-as-a-service platform offered at growresonance.ai (hereinafter “Platform”) and the related services.

(2) The Provider concludes contracts exclusively with businesses (Unternehmer) within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Contracts with consumers within the meaning of § 13 BGB are excluded. Freelancers and self-employed persons are also businesses if they conclude the contract for their professional activity.

(3) When registering and with every order, the Customer confirms that it is concluding the contract as a business. The Provider may request proof, for example an extract from the commercial register, a trade registration or a VAT identification number. If the confirmation is not accurate, the Provider may refuse to conclude the contract or terminate the contract for good cause.

(4) Deviating, conflicting or supplementary terms and conditions of the Customer do not become part of the contract, even if the Provider does not expressly object to them. Individual agreements, in particular a written offer from the Provider, take precedence over these Terms.

(5) The Data Processing Agreement (DPA) forms part of every contract.

§ 2 Services

(1) The Provider makes the Platform available to the Customer for use via the internet. The core of the service is measuring and analyzing how a brand appears in answers from AI language models and AI search features (LLM visibility): the Platform regularly submits stored prompts to AI services and analyzes the answers for mentions, sources, competitors and tone. Depending on the plan chosen, further features are included, in particular a technical website audit, the creation and revision of texts with AI support, prompt research, analysis reports and presentations, an AI assistant and integrations such as Google Search Console and interfaces for the Customer’s own applications (e.g. MCP).

(2) The scope and limits of the services per plan, for example the number of brands, prompts and AI services and the frequency of measurement, result from the price overview valid when the contract is concluded (see price overview or price overview for agencies) or from the offer.

(3) The Provider does not automatically publish any content on the Customer’s websites or profiles. The Customer itself decides on every publication.

(4) The Provider does not owe the provision of the software for installation, the release of source code or individual customizations of the Platform. The Provider owes consulting, the implementation of measures and support only if these are agreed separately.

(5) The Provider makes free offerings, for example the visibility check, the pitch report or the guide, available on a voluntary basis. There is no entitlement to their availability; the Provider may change or discontinue them at any time.

§ 3 Conclusion of contract and trial

(1) Upon registration, the confirmation under § 1(3) and the acceptance of these Terms, a free trial contract for seven days is concluded. Payment details are not required for this. The trial contract ends automatically; it does not give rise to a paid contract.

(2) The Provider may restrict features, AI services and quantities during the trial; the respective scope is described in the price overview or in the application. One trial is intended per customer. Multiple registrations in order to extend the trial are not permitted; in the event of misuse, the Provider may end the trial.

(3) A paid contract is concluded when the Customer chooses a plan and a term, confirms the summary and completes the payment process at Stripe. An ongoing trial ends with the purchase.

(4) Individually agreed contracts (e.g. Usage Based) are concluded upon acceptance of the offer in text form. A trial applies to them only if agreed.

(5) The Provider may reject registrations and orders without giving reasons. The language of the contract is German. The obligations under § 312i(1) sentence 1 nos. 1 to 3 and sentence 2 BGB are waived.

§ 4 Prices and payment

The prices valid at the time of the order apply (see pricing page). When concluding the contract, the Customer chooses either a contract that can be canceled monthly without a minimum term or a minimum term of twelve months; the monthly price decreases with the length of the chosen term. In all cases, billing takes place exclusively monthly in advance via Stripe; annual prepayment is not offered. For individually agreed contracts (Usage Based / individual contracts), the conditions agreed in the written offer apply, in particular regarding price, term, payment deadline and payment method (e.g. invoicing with an agreed payment deadline or card payment). The offer forms part of the respective contract and, in the event of a conflict, takes precedence over these Terms insofar as it expressly contains deviating provisions.

During the minimum term, the agreed price remains unchanged; the provision on VAT in the following paragraph remains unaffected. After the minimum term has expired and for contracts that can be canceled monthly, the Provider may adjust the price to the price then shown on the pricing page for the same plan in the same term variant (cancelable monthly or twelve months). The Provider shall notify the Customer of such a price change in text form (e.g. by email) at least six weeks before it takes effect, stating the new price, the date on which it takes effect and the Customer’s right to terminate. The Customer may terminate the contract until the price change takes effect; in this case, the previous price applies until the end of the contract. Changes booked by the Customer itself (e.g. an upgrade) are billed at the prices valid at the time of booking. Unless expressly agreed otherwise, discounts apply only for the period for which they were granted, and for contracts with a minimum term at most until the end of that term. For individually agreed contracts, this paragraph applies only insofar as the offer provides for it.

The Provider is currently a small business within the meaning of § 19 of the German VAT Act (UStG) and therefore does not charge VAT. All prices stated are final prices. If the small business exemption ceases to apply during the term of the contract, the Customer shall owe, from that date, statutory VAT at the applicable rate in addition to the agreed price. The Provider shall notify the Customer of this date in text form without undue delay.

The fees are due in advance at the beginning of each billing month and are collected via Stripe using the payment method chosen by the Customer, or, for individual contracts, upon invoice. The Customer agrees to electronic invoices.

If the Customer is in default of payment, it owes default interest at the statutory rate (§ 288(2) BGB) and the lump sum under § 288(5) BGB. The right to suspend access under § 13 remains unaffected. The Customer may only set off claims that are undisputed or have been finally determined by a court. It has a right of retention only on account of claims arising from the same contractual relationship.

§ 5 Term and termination

The minimum term depends on the term chosen when concluding the contract (§ 4) and begins with the first payment after the free trial has ended. Ordinary termination is possible for the first time at the end of the minimum term; a notice of termination given during the minimum term takes effect at the end of the minimum term and may be withdrawn until then. The Customer retains full access until the termination takes effect. After the minimum term has expired, the contract is not renewed for another full term but continues monthly for an indefinite period and can then be terminated at any time; the termination takes effect on the next payment date (with monthly payment, therefore, after one month at the latest). A contract that can be canceled monthly has no minimum term; it can be terminated at any time with effect from the end of the current billing month. If the Customer switches from a contract that can be canceled monthly to a term of twelve months, the minimum term begins with the switch; the lower monthly price applies from the following billing period. An upgrade to a higher tier is possible at any time and does not extend the minimum term; an extension of the term is possible at any time and lowers the monthly price from the following month. A default in payment does not end the contract; the obligation to pay for the minimum term remains.

Termination is effected via the permanently accessible cancellation path in the account settings (Billing section) or in text form (e.g. by email to home@growresonance.ai).

The right of both parties to extraordinary termination for good cause remains unaffected. Good cause for the Provider exists in particular if the Customer is in default with an amount equal to at least two monthly fees, repeatedly or seriously violates § 9 despite a warning, or if the confirmation under § 1(3) is not accurate.

§ 6 AI systems, measurements and limits of the service

(1) The services are provided using AI systems. Measurements, analyses, recommendations, reports and text drafts are machine-generated outputs of language models and AI services of third parties (currently in particular from Anthropic, OpenAI and Google). Such outputs may be incomplete, outdated or incorrect.

(2) Answers from AI services are not reproducible. They depend, among other things, on the model version, the user interface or programming interface, location, language, time and wording of the request. The Platform’s measurements are therefore samples taken at a specific point in time; they do not reflect what every user of an AI service sees. Deviations between measurements and the Customer’s own observations are not a defect.

(3) The Provider does not owe:

• a specific mention, placement, rating or visibility in AI answers or search results;
• specific visits, inquiries, revenue or other economic results;
• the suitability of the prompts, keywords and measures chosen by the Customer or suggested by the Platform for the Customer’s goals;
• legal, tax or other professional advice.

Recommendations of the Platform are suggestions; the Customer decides on its own responsibility whether and how to implement them.

(4) The quality of the results depends on the information provided by the Customer, in particular on brand, website, competitors, target markets and prompts.

(5) The availability, behavior, terms and prices of third-party AI services and data sources are beyond the Provider’s control. The Provider may change, supplement or replace the language models, AI services and data providers used, the type of query (e.g. via programming interfaces or via the public user interfaces of the services) and the measurement method at its reasonable discretion if this serves further development, the quality of the measurement, legal requirements or changes at third parties and the core service described in § 2(1) is preserved. If a third party discontinues or restricts a service, the Provider shall inform the Customer and endeavor to find an equivalent replacement. If an AI service that expressly forms part of the Customer’s plan according to the price overview ceases permanently without replacement, the Customer may terminate the contract with two weeks’ notice to the end of a month.

(6) If the Customer publishes content that was created with the Platform, it may be subject to its own labeling and transparency obligations, in particular under Art. 50 of Regulation (EU) 2024/1689 (AI Act). Reviewing and complying with these obligations is the Customer’s responsibility. The AI transparency notice shows which AI systems the Provider uses for which purposes.

(7) The Customer checks texts and other content from the Platform before each use for accuracy, lawfulness and third-party rights, in particular copyright, trademark, competition and personality rights. The Customer alone is responsible for their publication and use.

§ 7 Changes to the services

(1) The Provider continuously develops the Platform. It may change, replace or discontinue features insofar as the core service under § 2(1) and the agreed scope of the plan are preserved and the change is reasonable for the Customer, taking into account the interests of the Provider. Reasonable changes include in particular changes that are required by law or by the authorities, serve security, are based on changes to third-party services under § 6(5) or improve usability.

(2) If a change materially restricts the Customer’s use, the Provider shall announce it in text form at least six weeks in advance. The Customer may then terminate the contract, until the change takes effect, as of that date; the Provider shall point this out in the announcement.

(3) Features marked as preview or beta are not part of the agreed service. The Provider may change or discontinue them at any time.

§ 8 Availability, maintenance and force majeure

(1) The Provider aims for an availability of the Platform of 99% on an annual average, measured at the transfer point of the data center to the internet. Planned maintenance, disruptions for which the Provider is not responsible (in particular disruptions of the internet and of third-party AI services and data sources) and disruptions caused by the Customer do not count as downtime. A specific availability is owed only if agreed separately (SLA).

(2) The Provider announces planned maintenance 24 hours in advance where possible and schedules it during periods of low usage. It may install urgent security updates without notice.

(3) Measurement runs may be delayed by disruptions at AI services, and individual queries may fail. The Provider repeats failed queries where possible. Individual delayed or failed queries are not a defect as long as the measurement essentially takes place in the respective billing month.

(4) Events of force majeure release the parties from their performance obligations for their duration and to the extent of their effect. These include in particular natural events, epidemics, war, industrial action at third parties, official orders, large-scale outages of power, internet, data centers or third-party AI services, and cyberattacks despite appropriate protective measures. If such an event lasts longer than 30 days, both parties may terminate the contract.

§ 9 Obligations of the Customer

(1) The Customer uses the Platform only for lawful business purposes and within the scope of these Terms.

(2) It keeps access credentials as well as API and MCP keys secret, does not pass them on to third parties (except under § 10) and informs the Provider without undue delay if it suspects misuse. Each access belongs to one person; several persons may not share one access.

(3) The Customer only enters content and data that it is entitled to use, for example prompts, brand names, URLs, files and connections to data sources. It enters personal data of third parties only if there is a legal basis and the data is necessary for the purpose; it avoids such data in prompts where possible. It does not enter special categories of personal data (Art. 9 GDPR).

(4) The following are prohibited in particular:

• decompiling or otherwise reverse engineering the Platform, unless the law mandatorily permits this;
• automatically extracting content or data from the Platform, except via the interfaces offered;
• circumventing protective measures, usage limits or billing;
• placing an excessive load on the Platform or carrying out security tests without prior consent in text form;
• using the Platform or its results to develop a competing offering or to train AI models for that purpose;
• giving third parties access or reselling access, except under § 10;
• creating or distributing content that violates applicable law or the rights of third parties.

(5) If the Customer connects third-party services to the Platform, for example Google Search Console or its own AI client via MCP, the terms of these services also apply. The Customer ensures that it is entitled to make the connection.

§ 10 User accounts and use for the Customer’s own clients

(1) If the plan allows several users, the Customer may invite team members to its organization. It ensures that it is entitled to issue the invitation, in particular that it may use the email addresses for this purpose, and that the team members comply with these Terms and applicable law. Actions of the team members are attributed to the Customer.

(2) If the Customer uses the Platform as an agency for its own clients (end clients), for example for reports or content, it remains the Provider’s sole contractual partner. It may pass the results on to its end clients (§ 11(3)). End clients receive access only via the features intended for this purpose, for example share links or reports with their own branding; the Customer may not pass access credentials on to end clients.

(3) The Customer ensures that it is permitted to process its end clients’ data in the Platform and, where necessary, concludes its own data processing agreements with them. The Customer alone is responsible for its relationship with its end clients; end clients do not acquire any claims of their own against the Provider under this contract.

§ 11 Rights to software, results and data

(1) All rights to the Platform, its software, methods, scoring models, templates and texts remain with the Provider. For the term of the contract, the Customer receives the simple (non-exclusive), non-transferable and non-sublicensable right to use the Platform for its own business purposes and, under § 10, for its own clients.

(2) The data that the Customer enters or connects (Customer Data) remains with the Customer. The Customer grants the Provider the right to store and process it and to transfer it to the subprocessors named in the DPA insofar as this is necessary to perform the contract.

(3) The Customer may use, edit, publish and pass on to third parties the reports, texts, exports and analyses that the Platform generates for the Customer (Results) without restriction in time or place, also after the end of the contract. Insofar as the Provider holds rights to them, it grants them to the Customer to this extent. Layouts and design templates of the reports remain with the Provider; the Customer may use them as part of the Results. AI-generated content may not be protected by copyright, and similar results may also arise for other customers; the Customer does not acquire an exclusive right to them.

(4) The Provider may create and use aggregated statistical data from the use of the Platform and from measurement results, for example for industry comparisons, market studies and the improvement of the Platform, if neither the Customer nor its brands nor individual persons can be identified from it. Outside the processing on behalf of the Customer, the Provider does not pass Customer Data on to third parties and does not use it to train AI models.

(5) The Provider may use suggestions and feedback from the Customer on the Platform without remuneration and without restriction.

(6) The Provider names the Customer as a reference only with the Customer’s prior consent in text form.

§ 12 Indemnification

The Customer indemnifies the Provider against claims of third parties asserted on account of an infringement of their rights or a violation of law, insofar as the claims are based on content or data entered by the Customer or on a use of the Platform or its Results by the Customer contrary to these Terms or applicable law, and insofar as the Customer is responsible for this. The indemnification includes the reasonable costs of legal defense in the amount of the statutory fees. The Provider shall inform the Customer without undue delay of any claims asserted, shall not acknowledge them without consulting the Customer and shall give the Customer the opportunity to defend against them.

§ 13 Suspension

(1) The Provider may temporarily suspend access in whole or in part if there are concrete indications of a violation of § 9 or of applicable law, if an access appears to be misused or compromised or the security of the Platform is at risk, or if the Customer is more than 14 days in default with a payment due and the Provider has previously announced the suspension in text form with a notice period of at least seven days.

(2) In the event of a violation or a risk, the Provider shall inform the Customer before the suspension insofar as this is reasonable and does not hinder averting the risk, otherwise without undue delay afterwards. The suspension is limited to the affected features where possible and ends as soon as its reason no longer applies.

(3) If the Customer is responsible for the reason for the suspension, it remains obliged to pay the fees.

§ 14 Defects

(1) The statutory provisions on rental agreements (§§ 535 et seq. BGB) apply to defects of the Platform unless otherwise provided below.

(2) No-fault liability for defects that already existed when the contract was concluded (§ 536a(1), first alternative, BGB) is excluded.

(3) The Customer reports defects without undue delay in text form and with a comprehensible description.

(4) The Provider remedies defects within a reasonable period, at its option by correction, a workaround or a new version. An insignificant reduction in suitability is disregarded. Deviations under § 6(2) and § 8(3) are not defects. Damages due to a defect are governed by § 15.

§ 15 Liability

(1) The Provider is liable without limitation for intent and gross negligence, for culpable injury to life, body or health, under the German Product Liability Act, for fraudulently concealed defects and to the extent of a guarantee assumed.

(2) In the event of simple negligence, the Provider is otherwise liable only if it breaches a material contractual obligation. Material obligations are those whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely. In this case, liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded.

(3) Liability under paragraph 2 is also limited per damage event to the total fees paid by the Customer to the Provider in the twelve months before the damaging event, but to at least €5,000. For all damage events in a contract year together, it is limited to twice this amount.

(4) Otherwise, liability for simple negligence is excluded.

(5) For services provided free of charge, in particular during the trial and for free offerings, the Provider is liable only in the cases of paragraph 1.

(6) Claims for damages under paragraph 2 become time-barred one year from the statutory start of the limitation period.

(7) These rules also apply to the personal liability of the Provider’s legal representatives, employees and vicarious agents. They do not involve any change to the burden of proof to the detriment of the Customer.

§ 16 Data protection and processing on behalf

(1) If the Customer uses the Platform to process personal data for which it is the controller, for example data of its own end clients, recipients of reports or persons in prompts and documents, the Provider processes such data on its behalf. The Data Processing Agreement applies to this; it is concluded upon acceptance of these Terms.

(2) The Provider processes data that it processes for its own purposes, for example for account, billing, security and communication, as a controller. Details can be found in the Privacy Policy.

(3) The Customer itself is responsible for the lawfulness of the data it enters into the Platform.

§ 17 Confidentiality

(1) Both parties treat confidential information of the other party confidentially and use it only for the contract. Confidential information is all non-public information that is designated as confidential or is recognizably confidential, in particular Customer Data, Results, individual conditions and non-public information about the Platform.

(2) This does not apply to information that is publicly known without breach of this obligation, that was already known to the receiving party, that it developed independently or lawfully received from third parties, or that it must disclose on the basis of a law or an order of an authority or court; in the latter case, it shall inform the other party in advance where permitted.

(3) The parties may pass on confidential information to advisors bound by confidentiality and, where necessary, to subprocessors.

(4) The obligation applies for three years beyond the end of the contract, and for trade secrets for as long as they remain trade secrets.

§ 18 End of contract, data export and switching providers

(1) After the end of a paid contract or the trial, the Provider pauses measurements and AI features. Existing data remains visible in read-only access as long as the account exists.

(2) The Customer may back up Results at any time via the Platform’s export functions, for example reports as PDF and articles as HTML. Upon request in text form, the Provider provides the Customer with all exportable data (paragraph 4) within 30 days in a common, machine-readable format (e.g. CSV or JSON).

(3) The Customer may delete its account at any time in the account settings or request its deletion. The Provider may delete the data of an account without an ongoing contract twelve months after the end of the contract if it has announced this in text form at least 30 days in advance. Statutory retention obligations remain unaffected.

(4) Under Regulation (EU) 2023/2854 (Data Act), the Customer may at any time request to switch to another provider or to its own IT environment, or to export or delete its exportable data. The following applies:

• The notice period for the request is two months. After that, a transitional period of no more than 30 days begins, during which the Provider continues to provide the services and reasonably supports the switch, in particular through the export under paragraph 2.
• If the switch is technically not possible within this period, the Provider shall notify the Customer of this within 14 working days of the request, stating its reasons, and shall name an alternative transitional period of no more than seven months.
• Exportable data is all data that the Customer has entered or that was generated for it, in particular brands, competitors, locations, markets, prompts, answers of the AI services with sources, measurements, reports, articles, audit results and settings. This does not include the Provider’s software, algorithms, scoring models and internal logs, nor data whose disclosure would infringe the Provider’s trade secrets or the rights of third parties.
• After the transitional period, the Customer can retrieve its data for at least 30 days. The Provider then completely deletes the exportable data unless a statutory retention obligation precludes this.
• The contract ends upon successful completion of the switch; the Provider confirms this in text form. Fees owed until the end of an agreed minimum term remain unaffected. The Provider does not charge any fees for the switch itself.

§ 19 Changes to these Terms

(1) The Provider may amend these Terms with effect for the future if this is necessary due to changes in legislation or case law, changes in technical conditions, new features or to close regulatory gaps, and the balance between performance and consideration is not shifted to the detriment of the Customer. The Provider does not change prices and main performance obligations in this way; § 4 applies to prices and § 7 to services.

(2) The Provider notifies the Customer of changes in text form at least six weeks before they take effect. If the Customer does not object in text form before they take effect, the amended Terms are deemed accepted. The Provider specifically points out the deadline and the consequence of the Customer’s silence in the notification.

(3) If the Customer objects, the previous Terms continue to apply. Both parties may then terminate the contract with effect from the planned date of entry into force.

§ 20 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The place of performance is the Provider’s registered office. If the Customer is a merchant, a legal entity under public law or a special fund under public law, or if it has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from the contract is the Provider’s registered office (88699 Frickingen). The Provider may also sue the Customer at the Customer’s registered office.

(3) Amendments and additions to the contract require text form. Individual agreements take precedence (§ 305b BGB).

(4) The Customer may assign rights under the contract only with the Provider’s consent; § 354a of the German Commercial Code (HGB) remains unaffected.

(5) If individual provisions of these Terms are invalid, the remainder of the contract remains valid.