Terms of Service

§ 1 Introduction and Definitions

Introduction
These Terms of Service ("Terms") govern your use of the services provided by Seomaker, available at seomaker.ai.

Definitions

• Seomaker: The company providing services through the website seomaker.ai.
• Application: The software provided by Seomaker to Users, accessible via a web browser as a Service (SaaS). The Application includes features such as competitor analysis, keyword database access, SERP analysis, keyword position monitoring, and AI-powered content creation tools.
• Service: The offerings provided to Users based on the Service Agreement. The type and extent of services available depend on the selected Package.
• User: An individual with full legal capacity, using the Service in accordance with these Terms.
• Provider: Maindset Sp. z o. o., located at 67/2 Racławicka, Poznań, Poland, registered under KRS 0001063117, NIP: 7792561136, REGON: 526668363, with a share capital of 5,000 PLN.
• Package: The selected bundle of Services that Seomaker provides to the User for a subscription period.
• User Panel: The interface within the Application for managing the User’s Account and accessing Service functionalities.
• Payment: The act of paying the subscription fee for the selected Package for the subscription period.
• Subscription Period: The duration for which Seomaker provides paid Services under the selected Package.
• Commitment Period: The term during which Seomaker provides paid Services under the selected Package in exchange for the subscription fee, either monthly or annually.
• Subscription Fee: The payment for Services provided under the selected Package during the subscription period.
• Agreement: The agreement for providing services electronically, detailing the Services included in the User’s selected Package.
• Pricing: Available on seomaker.ai/pricing, it specifies the costs associated with using the Services within each Package.
• Account: An individual User account created upon registration that allows access to the Services.

§ 2 Scope of Services and Packages

Scope of Services

• Seomaker offers various Services through the Application, depending on the selected Package.
• Services may include features such as competitor analysis, keyword databases, SERP analysis, keyword position monitoring, and AI-assisted content creation.
• Detailed descriptions of Service features for different Packages are available on the Pricing page.
• Seomaker reserves the right to introduce new Services, modify existing Services, or adjust Packages. Such changes will be communicated to Users in advance.

Packages

• Users can select from available Packages that define the scope of Services provided.
• Package selection occurs during registration or through the User Panel.
• Subscription fees for Packages are in accordance with the Pricing listed on the website.
• Users will be informed of the subscription fee amount before purchase.
• Package changes by Users are possible but will not affect the Commitment Period for the previously selected Package unless otherwise agreed.
• Packages may be offered with different terms, including monthly or annual options.
• Seomaker may offer promotions or discounts for certain Packages. Terms of promotions will be clearly described.
• Seomaker reserves the right to withdraw, change, or introduce new Packages, with appropriate User notification.

§ 3 Registration and Account Creation

Registration

• Registration is required to use the Application and is available to individuals meeting the criteria outlined in § 1 Definitions.
• Registration involves completing and submitting a registration form on the Seomaker website.

Requirements

• Age: Users must be of legal age and have full legal capacity.
• Accuracy: All information provided during registration must be accurate and up-to-date.
• Acceptance: Registration signifies acceptance of these Terms.

Account Creation and Responsibility

• After successful registration, Seomaker will create an individual User Account.
• Users are responsible for maintaining the confidentiality of their password and for all activities that occur under their Account.
• Users must immediately notify Seomaker of any unauthorized use of their Account.

§ 4 Payments and Fees

Subscription Fees

• Users must pay the subscription fee for using the Services according to the selected Package and Pricing.
• Payments can be made through various methods, including credit cards, bank transfers, or online payment systems like Stripe or PayPal, as available on the website.
• Package Updates: Users can change their Package during the subscription period. Fee differences will be adjusted accordingly.
• Pricing Changes: Seomaker reserves the right to modify Pricing. Changes will apply from the next subscription period.
• No Refunds: Subscription fees are non-refundable, except in special circumstances described in the Complaints section.
• Invoices: Seomaker will issue and send electronic invoices upon payment receipt.

§ 5 Use of the Service

Legal Compliance

• Users agree to use the Service in accordance with applicable laws, ethical standards, and social norms.

User Responsibility

• Users are solely responsible for any data, information, and materials they upload or share using the Service.
• Prohibited Use: Users are prohibited from copying, modifying, decompiling, or otherwise manipulating the Application or Service resources.
• Harmful Actions: Users must avoid actions that mislead others, disrupt the Service, or its infrastructure.
• Content Restrictions: Generating content of a sexual, religious, or political nature is strictly prohibited. Attempts to generate such content will result in a warning and potential termination of the subscription.
• Monitoring: Seomaker may monitor Service use to ensure quality and compliance, though it is not obligated to do so.
• Automated Tools: Use of bots, scrapers, or other automated tools to access the Service is not permitted without Seomaker’s prior consent.

§ 6 User Rights and Obligations

Access Rights

• Users have the right to access and use the Service according to the selected Package and these Terms.
• Access to the Service is granted for the duration of the Subscription Period.

Obligations

• Users must comply with all Terms and conditions, including those related to Payment, Use of Service, and legal compliance.
• Users must provide accurate information for account management and service provision.
• Users must promptly report any issues or technical problems encountered with the Service.

§ 7 Termination and Suspension

Termination by User

• Users can terminate their Subscription by notifying Seomaker before the end of the current Subscription Period.
• Automatic Renewal: Unless terminated, the Subscription will automatically renew for the same period under the then-current terms.
• Refunds: No refunds will be provided for unused portions of the Subscription Period upon termination.

Termination by Seomaker

• Seomaker may terminate a User’s access to the Service for violation of these Terms or illegal activities.
• Immediate Termination: In cases of severe breach, Seomaker may terminate access without prior notice.
• Refunds: Seomaker will not issue refunds for the remaining Subscription Period in cases of termination for violation.

Suspension

• Seomaker may temporarily suspend Service access for maintenance, updates, or other necessary reasons. Such suspensions will be communicated in advance if possible.
• Notification: Users will be notified of any significant suspensions or outages affecting Service access.

§ 8 Liability

Liability Limitations

• Seomaker is not liable for damages resulting from Service unavailability, disruptions, or errors unless caused by gross negligence or intentional misconduct.
• Indirect Damages: Seomaker is not liable for indirect or consequential damages, including loss of profits or data.
• Maximum Liability: Seomaker’s total liability is limited to the amount paid by the User for the Service in the six months preceding the claim.
• Force Majeure: Seomaker is not liable for failures resulting from force majeure events such as natural disasters, wars, or government actions.

§ 9 Complaints and Disputes

Complaints

• Users may submit complaints regarding Service quality or billing issues through the User Panel or via email at support@seomaker.ai.
• Complaints will be reviewed and addressed within a reasonable time frame, and Seomaker will notify Users of the resolution.

Dispute Resolution

• Disputes between Seomaker and Users will be resolved through negotiation. If unresolved, they will be subject to mediation or arbitration.
• Jurisdiction for Non-Consumers: For disputes between Seomaker and Users who are not consumers, the competent court shall be the court having jurisdiction over Seomaker’s registered office.
• Governing Law: These Terms are governed by Polish law and interpreted according to its provisions. However, this does not limit any mandatory consumer rights under the laws of the User’s country of residence.
• Consumer Disputes: If an amicable resolution of a dispute is not possible, disputes involving Users who are consumers will be resolved by the competent court in accordance with Polish law (Article 22(1) of the Civil Code Act of April 23, 1964, Journal of Laws of 2017, item 459).
• All Disputes: All disputes arising from the services provided by Seomaker will be governed by Polish law. Polish courts shall have jurisdiction, unless otherwise provided by applicable law of a European Union member state or other territory.

§ 10 Amendments

Changes to Terms

• Seomaker may amend these Terms from time to time. Users will be notified of significant changes in advance.
• Continued use of the Service after changes to the Terms constitutes acceptance of the revised Terms.
• Review: Users are encouraged to review the Terms periodically for any updates.

§ 11 Contact Information

For any questions or concerns regarding these Terms, please contact Seomaker at:

• Email: support@seomaker.ai
• Address: Maindset Sp. z o. o., 67/2 Racławicka, Poznań, Poland.