Conditions d’utilisation
Projet – non vérifié juridiquement
Ce texte a été rédigé pour mavirank, mais il n’a pas encore été vérifié par un avocat et n’est pas contraignant d’ici là. Certaines informations sur le prestataire sont encore ouvertes ; elles sont mises en évidence.
Textes juridiques en allemand et en anglais
Nos textes juridiques sont disponibles en allemand et en anglais ; la version allemande fait foi. Vous trouverez ci-dessous la version anglaise. Lire la version allemande
Version of publication date
Provider
Global Solutions Systems GmbH, Bessemerstraße 51, 1st floor, 12103 Berlin, Germany, registered in the commercial register of the Amtsgericht Charlottenburg under HRB 160098 B, represented by the managing director Ünal Aydin (see Imprint). Hereinafter “we”.
Scope
These terms apply to the use of mavirank by businesses within the meaning of Section 14 BGB, i.e. natural or legal persons or partnerships with legal capacity acting in the exercise of their trade, business or profession when concluding the contract (“you”). mavirank is not offered to consumers. By registering you confirm that you act as a business. The terms become part of the contract when you register: you accept them when you create your account. Terms of yours that deviate from these do not apply, even if we do not expressly object. For buying a paid plan, Paddle’s terms apply in addition (see “Plans, prices and payment”). Whoever creates an account must be of legal age and have legal capacity; if you create an account for an organization, you confirm that you are authorized to represent it and to conclude the data processing agreement on its behalf.
The public SEO tools can be used without an account. The sections “Your obligations and acceptable use”, “Crawler and public tools” and “Liability” apply to this accordingly; without an account there is no claim to availability or to a particular scope of the tools.
The service
mavirank is an SEO service. You have individual web pages checked (audits): our crawler fetches the page, runs a fixed catalog of tests on on-page SEO, content, technical quality, performance and security, and shows you a score and the findings by severity with an explanation and a recommendation. You can create websites that are checked repeatedly at the interval you set and through their sitemap, share results as a report (publicly or with a password, depending on the plan with your own branding and on a custom domain), get notified through channels you choose, connect Google Search Console, have AI summaries generated, retrieve the Ahrefs Domain Rating and analyze the access logs of your web server (log analysis). Added to this are the public SEO tools, a REST API and a browser extension. What each plan includes is shown on the pricing page. Features marked “Coming soon” in the interface or on the website are not yet part of the service.
mavirank checks from outside and reports what it observes. An audit shows the state of a page at the time it was fetched from our servers. Score, findings and recommendations follow fixed rules; they are pointers and no assurance that a page will be found better in search engines, is free of errors or is secure. We do not owe any particular success in search engines. The security tests check individual characteristics visible from outside and do not replace a security assessment. Notifications depend on the availability of the channels you choose (for example e-mail providers or chat services), over which we have no control. We show third-party data (Google Search Console, Ahrefs, Google Web Risk) as we receive it; if such a source fails or its provider changes the access, the feature concerned can cease.
Account and organizations
To use the service you need an account with a confirmed e-mail address. Your account belongs to at least one organization; subscription, limits and all data belong to the organization, not to an individual person. The roles Owner, Admin, Member and Viewer define what members may do; whoever invites members or assigns roles decides on their own responsibility. You are responsible for keeping your password, API tokens, collector tokens, report passwords and the credentials stored for your audits secret. If you suspect misuse, reset the credentials immediately and inform us. You are liable for actions taken with your credentials as far as you are responsible for the misuse. Each organization must have at least one Owner. You can delete your account and your organization in the app at any time; a deletion is final and, for paid plans, is only possible after the subscription has ended.
Plans, prices and payment
There is a permanently free plan (Free) and the paid plans Starter, Pro and Agency, each with the limits shown on the pricing page. All prices are net prices in euros; VAT is added in the checkout, depending on your country. A paid plan is bought through Paddle.com Market Limited (“Paddle”), which acts as reseller and Merchant of Record. Paddle concludes the purchase contract for the subscription with you, collects the price, issues the invoice and remits the taxes. Paddle’s buyer terms and Paddle’s refund terms apply; you can manage invoices, payment methods and cancellation in the Paddle customer portal, which we link in the app. We learn payment data only to the extent we need for the subscription. Whether your plan is active depends solely on the subscription status Paddle reports to us.
Limits. The quotas of a plan (for example websites, audits per month, size of bulk jobs, smallest audit interval, members, channels, custom domains, AI units, log sources and log lines per month, requests to the API) are fixed limits. Once a quota is reached, mavirank accepts no further jobs of that kind until the next period or a plan change; individual quotas cannot be bought in addition, and there is no usage-based billing. We notify you at 80% and at 100% of a quota. mavirank does not accept log lines above the quota; the collector delivers them later as far as they are then still within the retention period.
Trial. Every account gets one free trial, namely for the first organization it creates: 14 days from the creation of the organization with the limits and features of the Pro plan, with two exceptions: AI summaries are limited to 30 units, and SMS and calls as a notification channel are not included. You need no payment method for the trial, and no payment obligation arises. The trial ends automatically without you having to cancel; it is not extended and does not turn into a paid subscription. If you have not booked a plan by then, your organization uses the free plan afterwards; the paragraph after next applies to the transition. If you book a paid plan during the trial, the trial ends when the subscription begins, and from then on only the booked plan applies, even if it is smaller than Pro; remaining days of the trial are neither credited nor refunded. Further organizations of the same account and organizations created again after a deletion get no trial; an organization never gets more than one. If you create accounts or organizations only to use the trial several times, or if you breach “Your obligations and acceptable use” during the trial, we may end the trial early; the 30-day grace period for retention does not apply then. We may change the length and the plan of the trial for organizations created in the future or discontinue the offer; a running trial is not affected.
If a payment fails, Paddle tries to collect it several times. Until then your plan stays in place; if the payment fails for good, the subscription ends and your organization falls back to the free plan.
If your organization falls back to the free plan after a subscription or the trial has ended, or if you change to a smaller plan, and your usage exceeds its limits, nothing is deleted: the websites created last above the limit are paused (no more scheduled audits), audit intervals below the new minimum are raised, log sources above the limit are paused (they accept no more logs), custom domains above the limit are suspended and assignments of Search Console properties above the limit are released. Features the new plan does not include (for example password protection and own branding of reports, Ahrefs Domain Rating, individual channel types) are suspended; their settings stay stored. Members above the limit remain members; you can only add new ones once the plan allows it. The retention periods for audits, archived audits and the daily statistics of the log analysis keep the higher value for 30 days; after that the periods of the new plan apply (see the privacy policy). With a larger plan, paused websites, log sources and domains become active again in the order they were created, up to the new limit.
Term and cancellation
Paid plans run for the billing period booked (a month or a year) and renew for the same period each time unless you cancel. You can cancel at any time in the app or in the Paddle customer portal with effect at the end of the current period; the plan stays active until then, and amounts already paid are not refunded pro rata unless mandatory law or the refund policy provides otherwise. You can change to another plan at any time: when you change to a higher plan, the new plan applies immediately and the difference is charged pro rata; when you change to a lower plan, it applies from the next billing period. If your organization has more members (including open invitations) than the lower plan allows, you must reduce them first; websites, channels, log sources and custom domains above the new limit do not prevent the change but are paused or adjusted as described under “Plans, prices and payment”. The trial ends by itself, without cancellation. The free plan can be terminated by either side at any time without notice. The right to terminate for good cause remains unaffected.
Your obligations and acceptable use
You may use mavirank only for pages, websites and servers that you operate yourself or for which you are authorized to do so (for example as an agency on behalf of your client). In particular, it is not permitted to:
- have third-party websites fetched to an extent that goes beyond a single, customary check of publicly reachable pages, or use mavirank for port scans, load tests, the search for vulnerabilities or attacks of any kind;
- use the crawler or the tools as a relay (proxy) to fetch, mirror or mass-extract content of other sites or to get around blocks set by the operator of the target;
- set up audits, bulk jobs or sitemap checks so that they put an unreasonable load on a target, or get around the limits on intervals, quantities and concurrent audits, for instance through several accounts or organizations;
- try to reach private networks, internal addresses or metadata services through mavirank, or get around the safeguards against this;
- store credentials or headers for audits that you are not allowed to use;
- misuse notification channels, for instance for spam or for messages to recipients who do not want to receive notifications;
- publish unlawful content in reports or on custom domains or infringe the rights of third parties;
- get around, overload, scan or attack the service, its security measures (for example rate limits and the check before further tool calls) or the separation of tenants, or guess other people’s credentials or report passwords;
- deliver forged logs or logs of others through the collector or its interface;
- pass credentials, API tokens or collector tokens on to unauthorized persons or use the service in breach of the law.
In case of breaches we may pause audits and websites, block individual targets for the crawler, block channels, reports, custom domains, log sources or access and, for serious or repeated breaches, terminate the account without notice; we take your legitimate interests into account and announce the block beforehand where this is possible and reasonable. You indemnify us against claims of third parties that are based on your unlawful use, as far as you are responsible for it. You are responsible for the targets you have audited.
Crawler and public tools
Crawler. Audits and tools fetch pages with our crawler, which identifies itself as MavirankBot. It only fetches publicly reachable addresses over the usual web ports, follows a limited number of redirects and stops at fixed limits for time, size and number of requests. For checks through a sitemap and for bulk jobs it follows the rules of the target’s robots.txt; a single audit fetches the page given and reports what the robots.txt says about it. So that individual targets are not overloaded, we limit the number of concurrent and successive requests per target across all customers; audits can be delayed by this. If a target is not reachable, answers with an error or is blocked, that is a result of the audit. Operators of websites can tell us that their site is not to be fetched; we may block such targets.
Public tools. The tools are free and can be used without an account. Limits per IP address, per tool and per target apply to them; once they are reached, we temporarily accept no further calls. The tools only output evaluated results, never the content of the page fetched. It is not permitted to query the tools automatically on a large scale; the API in the plans exists for that. We may change, limit or discontinue individual tools at any time.
Reports and custom domains
What you share as a report can be read by everyone who knows the link and, for protected reports, by everyone who also knows the password. You decide what you share and to whom you pass on link and password, and you are responsible for the content, also as far as it describes pages of third parties. If you pass on reports with your own branding, you make sure that you are allowed to use the logo and name. You can end a share at any time.
For reports on a custom domain you set up the DNS records mavirank tells you, and you confirm that you are entitled to dispose of the domain. We issue a certificate for the domain and deliver the reports of your organization on it. The domain, its DNS records and its renewal lie with you. If the records are no longer correct for several days, we suspend the domain until you have it verified again. A domain can be assigned to one organization only.
Google Search Console and other data sources
If you connect your organization to Google Search Console, you confirm that you are entitled to dispose of the Google account and the properties shared and to show the data to your members in mavirank. The access is read-only. Google’s terms apply to your Google account; you can disconnect in mavirank or revoke the access at Google at any time. If Google revokes the access or it expires, the retrievals are suspended until you renew the connection. We do not pass data from Search Console on to AI providers.
The Ahrefs Domain Rating comes from Ahrefs and is shown with attribution. We can discontinue this feature if Ahrefs changes or ends the access.
AI summaries
AI summaries are switched off by default; an Owner or Admin switches them on for the organization. By switching them on you instruct us to transmit the findings of your audits to the AI provider set, which processes them outside the EU, in order to generate the summary (see the privacy policy and the data processing agreement). We determine which providers and models are available and which of them is the default; we may change both.
AI summaries are automatically generated texts without warranty. They can be incomplete, inaccurate or wrong and are not advice. The findings of the audit are what counts. Check a summary before you act on it or pass it on to third parties. Usage is counted in units, which your plan limits.
Log analysis and collector
Collector. For the log analysis you install our collector on servers that you operate yourself or for which you are authorized to do so. The collector reads the logs of the web server, replaces IP addresses with pseudonyms on your server and delivers the lines to mavirank over an encrypted connection; it opens no port on your server and takes no commands from us. Installation, configuration, operation, updating and removal of the collector lie with you; we provide the package and instructions and let you use the collector free of charge within your plan zu prüfen: name the license of the collector.
Your responsibility. You decide which logs of which domains you deliver. You are responsible for being allowed to have these logs evaluated, for the visitors of your website being informed about it and for a legal basis existing for it. The default settings of the collector (pseudonyms instead of IP addresses, masked values of parameters in addresses, referring address without parameters) serve to protect these persons; if you change them, for instance by delivering full IP addresses or unshortened parameters, you bear the responsibility for that yourself. Keep the key from which the collector forms the pseudonyms and the collector token secret; if you suspect that a token has become known, renew it in mavirank immediately.
Our service consists in accepting the delivered lines within your quota, keeping them for 30 days, evaluating them and showing you the evaluations and daily statistics for the duration your plan provides. The evaluation can only show what is in the delivered logs; whether a bot is genuine is judged by the collector on the basis of the address lists published by the search engines. The log analysis is not an archive: keep logs you need for longer yourself.
Data protection and data processing
How we process personal data is set out in the privacy policy. We process the data of your audits and websites (audited addresses, settings, results), your reports, your notification channels (contacts, delivery log), the Google Search Console data retrieved through your connection, the AI summaries and the logs of the log analysis on your behalf: you are the controller, we are the processor (Art. 28 GDPR). The data processing agreement with its annexes (subject matter, data categories, sub-processors, technical and organizational measures) applies to this; it is part of these terms and is concluded with them for each organization. If you create an organization or become Owner, you confirm that you may represent the organization in this. The retention of audits and daily statistics depends on your plan, that of log lines and delivery logs on fixed periods (Annex 1 of the agreement). For account, sign-in and billing data of the members we are the controller ourselves. You are responsible for being allowed to audit the targets entered, have the logs evaluated and process the contacts entered.
Availability and changes to the service
We operate mavirank with great care but cannot promise uninterrupted availability OFFEN-12: availability commitment. We announce maintenance beforehand where possible. We may develop, change or discontinue features as long as the essential scope of your booked plan is preserved; this includes developing the catalog of tests and the rules for the score further, which can change scores compared with earlier audits. We announce material restrictions of a paid plan at least 30 days in advance; you can then cancel with effect at the end of the notice period and get amounts already paid for the time after the change back pro rata. A feature marked “Coming soon” in the interface is not yet part of the plan. We do not provide the services for the permanent storage of important data; save what you want to keep (for example through the API, the print view of a report or the CSV report of the log analysis).
Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and as far as we have given a guarantee. For a slightly negligent breach of an essential contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on which you may regularly rely) our liability is limited to the typical, foreseeable damage. Otherwise liability for slight negligence is excluded. The liability under sentence 2 is additionally limited to the amount of the fees paid in the last twelve months OFFEN-13: liability cap, legal review. For loss of data we are liable only to the extent that would also have occurred if you had made regular backups appropriate to the risk. For decisions you make on the basis of scores, findings, recommendations or AI summaries, and for their consequences in search engines, the sections “The service” and “AI summaries” apply. Paddle’s liability is governed by its terms.
Changes to these terms
We can change these terms if there are objective reasons (such as new features, a change in the law or case law, adaptation to payment processes) and the change does not unreasonably disadvantage you. We inform you by e-mail at least 30 days before the change takes effect. Every version carries its date; the application shows the new version to the Owners of your organization and records which version was accepted when. The change takes effect if you agree to it or continue to use the service after the period has expired, after we pointed this out in the notice. Changes that concern the core of the contract (service and consideration) require your express consent OFFEN-14: change clause, legal review. If you object, you can cancel with effect at the end of the period until the change takes effect.
Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the contracting party is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Berlin. Should individual provisions be or become invalid, the validity of the others remains unaffected; the statutory rule takes the place of the invalid provision. The language of the contract is German. The English version of these terms, of the data processing agreement and of the privacy policy is a translation for your information; in case of deviations the German version prevails.