Terms and Conditions

§ 1 Scope and provider

(1) These General Terms and Conditions (Terms) apply to all contracts for services offered under the AIVISIBLE brand. The provider and contracting party is Harmecs Lab, [legal form], [address], [registration number], [VAT ID] (“AIVISIBLE”). AIVISIBLE is a brand of Harmecs Lab.

(2) Deviating, conflicting or supplementary terms of the client only become part of the contract if AIVISIBLE has expressly agreed to them in text form.

(3) The version of these Terms valid at the time of the order applies. The German version is legally binding; this English version is provided for convenience.

§ 2 Target group

(1) The offer is directed exclusively at businesses within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law, as well as comparable commercial clients in other jurisdictions (B2B).

(2) By placing an order, the client confirms that they are acting in the course of their commercial or independent professional activity. AIVISIBLE may request suitable evidence, such as a VAT ID.

§ 3 Conclusion of contract

(1) The presentation of services on the website does not constitute a binding offer but an invitation to place an order.

(2) By completing the order form, accepting these Terms and completing payment via the payment service provider Stripe, the client makes a binding offer. The contract is concluded upon successful payment and the subsequent confirmation by email.

(3) For Enterprise services, the contract is concluded on the basis of an individual proposal, which takes precedence over these Terms in the event of conflict.

(4) AIVISIBLE stores the contract text. The client receives the order details by email.

§ 4 Services and nature of AI audits

(1) AIVISIBLE analyses whether and how a company is named and described in the answers of selected generative AI systems. To this end, third-party AI models are queried with a set of questions in German and English for the selected markets, the answers are evaluated according to a documented methodology, and the results are summarised in a PDF report. The specific scope of services is defined by the package description at the time of the order.

(2) The results are snapshots. Third-party AI systems do not operate deterministically: answers to identical questions may differ between individual queries depending on time, model version, interface, location and configuration, and change continuously. Queries are made via the providers' programming interfaces; answers in their end-user applications may differ.

(3) AIVISIBLE owes the professional performance of the agreed analysis, not a specific outcome. In particular, no specific rankings, mentions, visibility scores, visitor numbers, enquiries, revenues or other business results are guaranteed.

(4) Recommendations and drafts for structured data (e.g. JSON-LD) and llms.txt are proposals. Reviewing, adapting and implementing them on the client's website is the client's responsibility unless an implementation service has been expressly agreed.

(5) AIVISIBLE may use subcontractors and technical service providers to perform its services.

§ 5 Client's duty to cooperate

(1) The client provides the information required for the audit – in particular website, company name, services, markets and competitors – completely and accurately, and informs AIVISIBLE without delay of any changes.

(2) The client warrants that they are entitled to commission an analysis of the stated website and brand.

(3) Delays or defects resulting from incomplete or incorrect information are not attributable to AIVISIBLE. Any additional effort caused may be charged separately.

§ 6 Prices and payment

(1) The prices stated at the time of the order apply. They are net prices plus statutory VAT where applicable.

(2) Starter Audit: €490 one-time. Monitoring: €290 per month. Enterprise: according to the individual proposal.

(3) Payment is made in advance via the payment service provider Stripe using the payment methods offered there. For Monitoring, the fee is due monthly in advance and collected automatically.

(4) Invoices are provided electronically.

§ 7 Term and cancellation of Monitoring

(1) Monitoring is concluded for an indefinite period and renews for one further month at a time.

(2) Either party may cancel Monitoring at any time with effect from the end of the current billing month. Cancellation must be made in text form, for example by email to aivisible@mail.ch.

(3) Fees already paid for the current month are not refunded pro rata. The right to extraordinary termination for good cause remains unaffected.

§ 8 Delivery of reports and client area

(1) Reports are provided as PDFs by email and in the personal client area, usually within one to three working days after conclusion of the contract and agreement of the profile. Stated time frames are non-binding unless expressly agreed as binding.

(2) Access to the client area is via a sign-in link sent to the email address given with the order. The client keeps access to this email address confidential.

(3) AIVISIBLE strives for high availability of the client area but does not owe uninterrupted access. Reports are retained for the duration of the business relationship, but at least twelve months; the client is advised to keep their own copies.

§ 9 Rights of use

(1) Upon full payment, the client receives a simple, non-transferable right, unlimited in time and territory, to use the reports for their own business purposes, to reproduce them internally and to share them with advisers and affiliated companies.

(2) Publication or commercial disclosure to third parties, including in extracts, requires prior consent in text form. The client may use and adapt drafts for structured data and llms.txt on their own websites without restriction.

(3) AIVISIBLE's methodology, question sets, software and templates remain with AIVISIBLE. AIVISIBLE may use anonymised and aggregated insights to improve its methodology.

§ 10 Warranty

(1) In the event of defects, AIVISIBLE is first entitled to remedy them, at its discretion by correction or re-performance. If this fails twice, the client may reduce the price or withdraw from the contract.

(2) Differences between the results and later queries or answers in the AI providers' end-user applications do not constitute a defect (§ 4 (2)).

(3) Obvious defects must be notified in text form within 14 days of delivery. The warranty period is twelve months, to the extent permitted by law.

§ 11 Liability

(1) AIVISIBLE is liable without limitation for intent and gross negligence, for injury to life, body or health, and under mandatory statutory provisions, in particular the Product Liability Act.

(2) In the event of a slightly negligent breach of essential contractual obligations, liability is limited to the typical, foreseeable damage, and at most to the fees paid by the client in the twelve months before the event causing the damage. Otherwise, liability for slight negligence is excluded.

(3) To the extent permitted by law, liability for lost profits, lost savings, indirect damage and for decisions the client makes on the basis of the reports is excluded.

(4) The above limitations also apply in favour of AIVISIBLE's employees and agents.

§ 12 AI providers and third-party services

(1) Third-party AI systems are used for the analysis, for example from OpenAI, Anthropic, Google, xAI, Perplexity, Meta, Mistral AI, DeepSeek, Alibaba, Moonshot AI, Amazon and Cohere, partly via intermediary services. AIVISIBLE has no influence on the content, availability, versions or functioning of these systems.

(2) AIVISIBLE may replace individual models with equivalent ones if they are discontinued, substantially changed or no longer economically accessible. The composition is documented in the report.

(3) Only questions concerning public information about the client's company are transmitted to the AI systems; confidential information is not transmitted.

§ 13 Data protection

AIVISIBLE processes personal data in accordance with the GDPR and applicable national data protection laws. Details are set out in the privacy policy. Where AIVISIBLE processes personal data on the client's behalf, the parties will conclude a data processing agreement on request.

§ 14 Confidentiality

(1) The parties treat all non-public information they learn in the course of the cooperation as confidential and use it only to perform the contract. Reports are not made available to third parties.

(2) This obligation does not apply to information that is publicly known, lawfully obtained from third parties or must be disclosed by law or official order. It continues after the end of the contract.

(3) The client is only named as a reference with their express consent.

§ 15 Right of withdrawal

(1) As the offer is directed exclusively at businesses, there is no statutory right of withdrawal.

(2) Should a consumer nevertheless conclude a contract in an individual case, they have the statutory rights, in particular a 14-day right of withdrawal in accordance with the statutory provisions. For services, the right of withdrawal expires early if the service has been performed in full and the consumer has expressly agreed beforehand that performance may begin before the withdrawal period ends. [Add model withdrawal notice and form if consumers are admitted.]

§ 16 Force majeure

Neither party is liable for non-performance or delay of its obligations to the extent these are due to circumstances beyond its reasonable control, such as natural events, pandemics, war, official measures, strikes, outages of networks, data centres or third-party services including the AI providers. Performance periods are extended by the duration of the disruption. If it lasts longer than 60 days, either party may terminate the contract.

§ 17 Governing law and jurisdiction

(1) The law of [jurisdiction] applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The exclusive place of jurisdiction for all disputes arising from this contract is [place of jurisdiction], provided the client is a merchant, a legal entity under public law or a special fund under public law. AIVISIBLE remains entitled to sue at the client's registered office.

§ 18 Final provisions

(1) Should any provision of these Terms be wholly or partly invalid or unenforceable, the validity of the remaining provisions remains unaffected. The statutory provision takes the place of the invalid provision.

(2) Amendments and additions require text form. AIVISIBLE may amend these Terms for ongoing Monitoring contracts with six weeks' notice; if the client does not object within this period, the amendments are deemed accepted. The notice will point out this consequence.

As of: October 2026