Terms of Service

General Terms and Conditions (AGB)

Last updated: August 19, 2025

Effective from: August 19, 2025

Important Legal Notice

These Terms of Service constitute a legally binding agreement between you and MOVING TARGETS CONSULTING GMBH:

  • • By creating an account, you agree to these terms in their entirety
  • • These terms comply with German law (BGB, HGB) and EU regulations
  • • Violation of these terms may result in account suspension or legal action
  • • These terms apply to both consumers and business users
Service Provider Information

Provider

MOVING TARGETS CONSULTING GMBH

Managing Director: Arne Krüger

Arndtstrasse 34

10965 Berlin, Germany

Phone: +49 (0) 30 – 20 99 438 – 0
Email: kontakt@MOVING TARGETS CONSULTING GMBH
Website: www.MOVING TARGETS CONSULTING GMBH
GEO Audit: www.geoaud.it

Business Registration:
Register Court: Amtsgericht Berlin Charlottenburg
Register number: HRB 92619
VAT ID: DE 2 35 14 11 67

Legal Framework

These General Terms and Conditions (Allgemeine Geschäftsbedingungen - AGB) govern the contractual relationship between MOVING TARGETS CONSULTING GMBH and users of the GEOaud.it platform in accordance with German law.

Applicable Law: German Civil Code (BGB), German Commercial Code (HGB), German Unfair Competition Act (UWG)

Scope of Application and Definitions

1. Scope of Application

These Terms of Service apply to all contractual relationships between MOVING TARGETS CONSULTING GMBH and users of the GEOaud.it platform. By registering an account or using our services, you agree to be bound by these terms.

  • • These terms apply to both consumers and business customers
  • • Conflicting or deviating terms from customers will not be accepted unless expressly agreed in writing
  • • These terms also apply to future business relationships

2. Definitions

Consumer

Any natural person who enters into a legal transaction for purposes that are outside their trade, business, or profession (§ 13 BGB).

Entrepreneur

Natural or legal persons who, when concluding a legal transaction, act in exercise of their commercial or independent professional activity (§ 14 BGB).

Services

AI-powered website auditing, monitoring, and optimization services provided through the GEOaud.it platform.

Service Description and Features

3. GEOaud.it Platform Services

GEOaud.it provides AI-powered website analysis and optimization services including:

  • • Technical SEO audits and recommendations
  • • AI content analysis and optimization
  • • Website performance monitoring
  • • Brand mention tracking and analysis
  • • Competitor analysis and benchmarking
  • • Structured data optimization
  • • Content protection analysis
  • • Historical performance tracking
  • • PDF report generation
  • • API access (premium plans)

4. Service Availability and Performance

Service Level:

  • • Target uptime: 99.5% (monthly average, excluding planned maintenance)
  • • Planned maintenance: Announced 48 hours in advance
  • • Audit processing: Typically completed within 2-5 minutes
  • • Monitoring execution: Weekly (Premium) or monthly (Basic)
  • • Support response: 24 hours (business days)

Note: Service levels are targets, not guaranteed minimums. Formal SLA guarantees are available for Enterprise plans only.

5. Technical Requirements

Users must provide websites that are publicly accessible via HTTPS. We reserve the right to refuse analysis of websites that violate applicable laws or our usage policies.

Contract Formation and User Accounts

6. Account Registration and Contract Formation

Registration Process

  • • Account registration constitutes an offer to enter into a contract
  • • We reserve the right to accept or decline registration requests
  • • Contract is formed upon email confirmation and first successful login

Account Requirements

  • • Valid email address required for all communications
  • • Users must be at least 18 years old
  • • One account per user/organization
  • • Accurate account information must be provided and maintained

7. User Responsibilities and Account Security

  • Legal Compliance: Users must comply with all applicable laws when using our services
  • Account Security: Users are responsible for maintaining password security and account access
  • Accurate Information: Users must provide and maintain accurate account and billing information
  • Authorized Use: Account access must not be shared with unauthorized third parties
  • Notification: Users must immediately notify us of any security breaches or unauthorized access

8. Prohibited Activities

The following activities are strictly prohibited:

  • • Automated scraping or unauthorized API access
  • • Attempting to reverse engineer or compromise our systems
  • • Submitting malicious, illegal, or harmful content for analysis
  • • Creating multiple accounts to circumvent usage limits
  • • Reselling or redistributing our services without authorization
  • • Using the service to analyze websites without proper authorization
  • • Violating any applicable laws or third-party rights
Subscription Plans, Billing, and Payment Terms

9. Subscription Plans and Features

Premium Plans

Unlimited audits, advanced features, monitoring, priority support, API access

Enterprise Plans

Custom features, dedicated support, white-label options, SLA agreements

10. Billing and Payment Terms

Payment Processing

  • • All payments processed via Stripe
  • • All prices are exclusive of VAT (VAT added at checkout)
  • • Payment due immediately upon subscription
  • • Automatic renewal unless cancelled
  • • Failed payments may result in service suspension

Billing Cycles

  • • Monthly billing: Charged every 30 days
  • • Annual billing: Charged yearly in advance
  • • Enterprise: Custom billing terms
  • • Invoices available for download in customer portal

11. Price Changes

We reserve the right to change subscription prices with 30 days' advance notice. Existing subscribers will be notified via email and may cancel before price changes take effect. New prices apply to renewals after the effective date.

12. Taxes and Compliance

  • • German VAT (19%) applied to German customers
  • • EU VAT applied according to customer location
  • • Reverse charge mechanism for qualifying EU business customers
  • • Invoices comply with German tax law requirements
  • • Tax documentation available upon request
Right of Withdrawal (Consumer Rights)

13. Consumer Right of Withdrawal

Withdrawal Instruction (for Consumers only)

Withdrawal Right

You have the right to withdraw from this contract within 14 days without giving any reason.

Withdrawal Period

The withdrawal period expires 14 days after the day of contract conclusion.

How to Exercise Withdrawal

To exercise the right of withdrawal, you must inform us (MOVING TARGETS CONSULTING GMBH, Arndtstrasse 34, 10965 Berlin, Email: kontakt@mtc.berlin) of your decision to withdraw from this contract by an unequivocal statement.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and in any event not later than 14 days from the day we are informed about your decision to withdraw.

14. Exceptions to Withdrawal Right

The right of withdrawal does not apply to:

  • • Services fully performed before the withdrawal period expires (with your express consent)
  • • Digital content delivered immediately upon purchase
  • • Customized services specifically created for your requirements
Termination and Cancellation

15. Subscription Cancellation

User-Initiated Cancellation

  • • Cancel anytime through account settings or email
  • • Cancellation effective at end of current billing period
  • • No refunds for partial billing periods (except statutory rights)
  • • Access continues until subscription expires

Account Termination by User

  • • Request account deletion via email or account settings
  • • All data permanently deleted within 30 days
  • • Outstanding payments remain due
  • • Termination confirmation sent via email

16. Termination by MOVING TARGETS CONSULTING GMBH

We may terminate accounts for:

  • • Violation of these Terms of Service
  • • Non-payment of fees (after 7-day notice)
  • • Fraudulent or illegal activity
  • • Abuse of service or technical systems
  • • Extended inactivity (12+ months with notice)

Notice: 30 days' written notice for ordinary termination, immediate termination for cause.

17. Effects of Termination

  • • Immediate cessation of service access
  • • Data retention according to privacy policy
  • • Outstanding payments remain due
  • • Survival of applicable warranty disclaimers and liability limitations
Liability, Warranties, and Disclaimers

18. Liability Limitations (German Law Compliant)

Unlimited Liability

We have unlimited liability for damages caused by intentional acts or gross negligence, damages to life, body or health, and under the Product Liability Act.

Limited Liability

For simple negligence, liability is limited to damages that are foreseeable and typical for this type of contract, unless essential contractual obligations are violated.

Excluded Liability

Liability for indirect damages, lost profits, data loss (beyond recovery costs), and consequential damages is excluded to the extent legally permissible.

19. Service Warranties and Disclaimers

Important Disclaimers:

  • • AI analysis results are algorithmic interpretations, not professional advice
  • • We do not guarantee specific SEO ranking improvements
  • • Website audit results may contain inaccuracies or false positives
  • • Third-party data sources may be incomplete or outdated
  • • Service availability subject to maintenance and technical limitations
  • • Historical data accuracy cannot be guaranteed beyond our control

20. Professional Advice Disclaimer

Our services provide automated analysis and recommendations but do not constitute professional legal, marketing, or technical consulting advice. Users should consult qualified professionals for specific guidance related to their business needs and legal compliance requirements.

21. Data Accuracy and Third-Party Content

While we strive for accuracy, we cannot guarantee the completeness, accuracy, or timeliness of all data, analysis results, or third-party content integrated into our services. Users should verify critical information independently.

Intellectual Property and Data Rights

22. Our Intellectual Property Rights

The GEOaud.it platform, including all software, algorithms, designs, trademarks, and content, is protected by intellectual property laws and remains our exclusive property.

  • • Users receive a limited, non-exclusive license to use our services
  • • No rights to modify, distribute, or reverse engineer our software
  • • Trademarks and branding elements may not be used without permission
  • • AI algorithms and analysis methods are proprietary trade secrets

23. User Data and Content Rights

Your Data Ownership

You retain ownership of all data, URLs, and content you submit to our platform. We process this data solely to provide our services.

License to Us

You grant us a limited license to process, analyze, and store your data for service provision, including creating anonymized aggregated insights.

Generated Reports

Audit reports and analysis results generated by our system are provided for your use. You may share reports but may not redistribute our analysis methodology.

24. Copyright Compliance

Users must ensure they have proper authorization to submit websites for analysis. We comply with DMCA and EU copyright directives and will remove content upon valid notice.

Legal Framework and Dispute Resolution

25. Governing Law

These Terms of Service are governed by German law. The UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded from application.

26. Jurisdiction and Dispute Resolution

For Business Customers

Exclusive jurisdiction for all disputes lies with the competent courts in Berlin, Germany.

For Consumers

Consumers may bring legal action at their place of residence. We may only sue consumers at their place of residence.

Alternative Dispute Resolution

We participate in online dispute resolution through the EU platform: ec.europa.eu/consumers/odr

27. Consumer Mediation

We are not obligated to participate in dispute resolution procedures before consumer arbitration boards but are willing to do so in appropriate cases.

Final Provisions

28. Changes to Terms of Service

Amendment Process:

  • • Material changes: 30 days' advance notice via email
  • • Minor updates: Notice in user dashboard
  • • Users may terminate within notice period if they disagree
  • • Continued use after effective date constitutes acceptance
  • • Enterprise customers: Individual agreement required

29. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force. Invalid provisions will be replaced by valid provisions that achieve the same economic purpose.

30. Assignment

We may assign these Terms and our rights and obligations to affiliated companies or in connection with a merger, acquisition, or sale of assets. Users may not assign their rights without our written consent.

31. Force Majeure

Neither party is liable for failure to perform obligations due to circumstances beyond their reasonable control, including natural disasters, government actions, internet outages, or other unforeseeable events.

32. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MOVING TARGETS CONSULTING GMBH. No verbal agreements or additional terms apply unless agreed in writing.

Contact Information

Legal and Contract Matters

Email: kontakt@mtc.berlin
Subject: "Legal/Contract Inquiry"
Response Time: Within 3 business days
Languages: German, English

Technical Support

Email: kontakt@mtc.berlin
Subject: "Technical Support"
Response Time: Within 24 hours
Languages: English, German

These Terms of Service are also available in German upon request. For related legal information, see also: Privacy Policy | Legal Notice (Imprint)

These Terms of Service comply with German AGB requirements under BGB, HGB, and EU consumer protection directives.
Document version: 2.0 | Last updated: August 19, 2025 | Effective: August 19, 2025