Terms of sale
Courtesy translation. This English text is provided for your convenience. The legally binding version is the German one: Allgemeine Geschäftsbedingungen. The sections of the German text on software development and consulting are not relevant to CitedBy and are left out here.
mxw-it, owner Maximilian Wiese, Am Jördenberg 9a, 23812 Wahlstedt, Germany (the "Provider")
1. Scope
These terms apply to subscriptions to the CitedBy application, both for businesses and for consumers. Differing terms of the customer do not become part of the contract unless the Provider expressly agrees to them in writing.
2. CitedBy subscriptions
(1) The subject of the subscription is the use of the CitedBy application. It checks whether and how a business appears in the answers of major AI language models and produces reports from this. The scope of the service, in particular the number of test questions and models, the frequency of recurring audits and the quota of self-started audits, follows from the plan overview in force when the contract is concluded.
(2) The payment and subscription contract is not concluded with the Provider but with Paddle. Paddle acts as merchant of record; Paddle's terms, which you are referred to during payment, apply in this respect. You handle invoices, payment methods and refunds through Paddle's customer portal, which you reach in your account. You can also cancel at any time without logging in, using the "Cancel contracts here" button on every page of the application. The Provider provides the subscribed service.
(3) The subscription runs for an indefinite period and is billed monthly. It can be cancelled at any time, effective at the end of the current billing period. Access remains in place until then.
(4) Any right of withdrawal for consumers is governed by the terms of Paddle as the party to the purchase contract. Paddle provides information on this during the order. A declaration of withdrawal can be made using the "Withdraw from contract here" button on every page of the application. See also cancellation and refunds.
(5) The application is in a beta phase. Features, scope and presentation may develop further, as long as the contractually promised core of the service is retained.
(6) Answers from AI language models are not deterministic: the same question can be answered differently at different times. The score shown is a trend across many queries and not an exact single measurement. The Provider owes the audits being carried out as agreed and the reports being provided, but not a particular result, a particular placement or an improvement in the customer's visibility. The recommendations included are not legal, tax or business advice.
(7) Recurring audits require the customer to store the necessary details of business, industry, location and country in their account. Without these details the audit cannot be carried out; any claim to payment remains unaffected.
(8) The quotas for self-started audits serve as protection against disproportionate use. The Provider may adjust them with effect for the future and will inform the customer in advance if this reduces the scope of the service.
(9) No particular availability is owed. The Provider depends on the availability of the AI services and infrastructure providers it uses and is not responsible for their outages. Maintenance is carried out outside usual business hours where possible.
(10) The privacy notice applies to the processing of personal data in connection with the subscription.
3. Liability
(1) The Provider is liable without limitation for intent and gross negligence, for damage from injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.
(2) In the case of simple negligence the Provider is only liable for breach of an essential contractual obligation, meaning an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In this case liability is limited to the damage typical for the contract and foreseeable when it was concluded.
(3) Liability for loss of data is limited to the typical cost of restoration that would have arisen had the customer made regular backups appropriate to the risk.
(4) Otherwise liability is excluded. Where liability is excluded or limited, this also applies to the personal liability of vicarious agents.
4. Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive them of the protection of mandatory provisions of the law of the country in which they have their habitual residence.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contract is the Provider's registered location. The Provider may also bring an action at the customer's general place of jurisdiction.
(3) Changes and additions to the contract must be in text form. This also applies to any change to this requirement.
(4) If individual provisions of these terms are or become invalid, the validity of the remaining provisions is unaffected. The statutory provisions take the place of the invalid provision.
As of: November 2026