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Terms of Use

These Terms of Use (“Terms”) govern the use of the Rankscale platform and services (“Service”). They form a binding contract between the customer (“User,” “you”) and the provider, Rankscale GmbH (“Rankscale,” “we,” or “us”).

1. Scope and Applicability

1.1 Business Customers Only

Our Service is offered exclusively to businesses. These Terms apply only if you are an entrepreneur (Unternehmer) as defined by the Austrian Commercial Code (UGB), a legal entity under public law, or a special fund under public law. These Terms do not apply to consumers. Any statutory rights granted to consumers, such as the right of withdrawal (Rücktrittsrecht), do not apply.

1.2 Exclusivity of These Terms

The relationship between Rankscale and the User is governed solely by these Terms. We explicitly object to the inclusion of any general terms and conditions of the User. Deviating or supplementary terms will not be recognized or become part of the contract unless we have expressly agreed to them in writing (Textform).

2. The Rankscale Service

2.1 Core Functionality

Rankscale provides a software-as-a-service platform designed to help businesses analyze and assess their visibility in AI-driven search environments and Large Language Models (LLMs). The specific features and capabilities of the Service are described on our website.

2.2 Service Modifications

We may make reasonable changes to the Service (e.g., to improve performance or comply with legal requirements), provided such changes do not eliminate core features. We will inform you of any material changes in a timely manner.

2.3 Third-Party Dependencies

(1) Our Service relies on third-party providers and data sources (e.g., LLMs). The availability of these external services is outside our direct control. If a third-party provider ceases to offer a necessary component, we will inform you and strive to find a suitable alternative.

(2) The AI and data providers we query for the Service receive only Tracking Content within the meaning of Section 3.3 and return their answers.

(3) Where a third-party provider processes personal data on your behalf as a sub-processor, its engagement and replacement are subject to the approval and notice procedure set out in Section 5 of the data processing agreement (“DPA”).

2.4 Service Interruptions

We do not warrant that the Service will be completely error-free or uninterrupted, but we will use commercially reasonable efforts to promptly address any material service issues within our control.

2.5 No Guaranteed Results

Rankscale is an analytics and assessment tool. Unless explicitly stated in a separate agreement, we do not guarantee any specific outcomes, such as improved search rankings or increased visibility, from the use of our Service.

3. User Obligations

3.1 Lawful and Proper Use

You agree to use the Service only for legitimate business purposes and in full compliance with all applicable laws. You must keep your login credentials confidential and are responsible for all activities under your account. You must ensure that any data or content you provide to the Service does not infringe on third-party rights or violate any laws.

3.2 Prohibited Activities

You shall not reverse-engineer, decompile, misuse, or otherwise attempt to discover the source code or underlying structure of the Service. In the event of a material breach of these obligations, we are entitled to temporarily suspend or restrict your access to the Service, after providing reasonable notice where feasible, and/or terminate the contract for cause pursuant to Section 7.3.

3.3 Tracking Content and Personal Data

(1) “Tracking Content” means the category of User Data (Section 4.2) that you enter into the Service for the purpose of querying AI and data providers, in particular search terms and prompts as well as brand, competitor, topic and location details. Unlike other User Data, Tracking Content must not contain any personal data, because Rankscale transmits it to AI and data providers to provide the Service. You are responsible for the lawfulness of the Tracking Content. You shall not enter any personal data into Tracking Content, in particular no names, contact details or other information relating to identified or identifiable natural persons, and no special categories of personal data within the meaning of Articles 9 and 10 GDPR. If you nevertheless enter personal data into Tracking Content, you do so under your own responsibility and shall ensure that a legal basis exists for this. Rankscale is not obliged to check Tracking Content for personal data and does not do so. To provide the Service, Rankscale transmits Tracking Content to AI and data providers listed in Annex 3 Part B of the DPA; these providers receive only the Tracking Content and return their answers. The classification of these providers as recipients of non-personal data only (and not as sub-processors) under the DPA is subject to your actual compliance with this paragraph 1.

(2) If you enter personal data into Tracking Content contrary to paragraph 1, or if a legal basis required for the processing of the Tracking Content you entered is missing, you shall indemnify Rankscale against claims of third parties, in particular of data subjects, that are based on Rankscale processing such data as part of the Service, including their transmission to the AI and data providers. The indemnity also covers the reasonable costs of legal defence and the reasonable costs of participating in proceedings before a supervisory authority based on such breach. It applies only to the extent you are responsible for the breach, and not to the extent the claim is based on a breach by Rankscale of the data processing agreement or the GDPR. If both parties contributed to the damage, the indemnity applies only in proportion to your share of responsibility (Article 82(5) GDPR).

(3) Rankscale shall inform you without undue delay in text form of any claim asserted under paragraph (2), shall not acknowledge it in whole or in part without your consent, which may not be unreasonably withheld, and shall give you the opportunity to participate in the defence. Paragraph (2) is a specific application of the general indemnification in Section 6.4 for personal data in Tracking Content; where paragraph (2) applies, it governs, and Section 6.4 does not additionally apply to the same claim. The liability of the parties towards data subjects under Article 82 GDPR and administrative fines under Article 83 GDPR, which each party bears for its own infringements, also remain unaffected.

4. Intellectual Property and Data Rights

4.1 Our Intellectual Property

All intellectual property rights in the Rankscale Service, including its software, algorithms, and documentation, belong exclusively to us. We grant you a limited, non-exclusive, non-transferable right to use the Service for your internal business operations during the contract term, as outlined in these Terms.

4.2 Your Data

You retain all ownership rights to the data and content you upload to or generate within the Service (“User Data”), including both Tracking Content within the meaning of Section 3.3 and other data and content, such as account and user data relating to you and the individuals you authorize to use the Service on your behalf (e.g., their names, email addresses, roles, and settings). You grant us a limited license to process and use your User Data solely to provide the Service and fulfill our contractual duties. We do not use personal data contained in User Data to improve or further develop the Service; for this purpose we use only anonymized or aggregated data that no longer relates to you or to any natural person. The short, necessary processing of personal data to create such anonymized or aggregated data is carried out by Rankscale as controller. All data is handled in accordance with our Privacy Policy. We will not use or share your User Data for other purposes without your consent. Upon termination, we will delete or return your User Data upon request, unless legally required to retain it.

4.3 Confidentiality

(1) Each party shall keep confidential all information of the other party that it obtains in connection with the Service and that is marked as confidential or is evidently confidential by its nature (“Confidential Information”), shall use such information only to perform the contract, and shall disclose it only to employees, advisers and subcontractors who need it for this purpose and are bound by equivalent confidentiality obligations. The User's Confidential Information includes, in particular, the brands, competitors, search terms and prompts, locations, analyses and reports the User stores in the Service, which Rankscale treats as trade secrets within the meaning of Sections 26a et seq. of the Austrian Unfair Competition Act (UWG), regardless of whether they constitute personal data. Rankscale's Confidential Information includes, in particular, non-public information about its Service, pricing, and business operations that the User obtains in connection with the Service.

(2) Paragraph 1 does not apply to information that is or becomes publicly known without a breach of this Section, that the receiving party already lawfully possessed or developed independently, or that the receiving party must disclose by law or by order of a court or authority; in the latter case, the receiving party shall inform the other party in advance where legally permitted. Section 3 para. 2 of the DPA remains unaffected. The obligations under this Section 4.3 survive the termination of the contract.

5. Fees, Payment, and Set-off

5.1 Fees and Taxes

You agree to pay the fees for the Service as specified in your selected plan or order. All prices are stated net of applicable VAT (sales tax), which will be added as required by law.

5.2 Invoicing and Payment

Fees are billed in advance for each cycle (e.g., monthly or annually) via our payment provider, Stripe. Payments are due within 14 days of the invoice date unless otherwise specified. If payment is not made on time, we may charge statutory default interest as provided by Austrian law for B2B transactions (currently 9.2 percentage points above the ECB base rate). We also reserve the right, after giving a reminder and a reasonable grace period, to suspend Service access until overdue amounts are paid.

5.3 No Set-Off

You may only set off counterclaims against our payment claims if those counterclaims are undisputed by us or have been finally adjudicated by a court. You may not withhold or reduce payments by offsetting other claims you have against us unless they are acknowledged or legally established. This does not limit your right to claim damages separately.

6. Limitation of Liability

6.1 Unlimited Liability

We shall be liable without limit in cases of intentional misconduct, gross negligence, or for any damages resulting from injury to life, body, or health caused by a breach of duty on our part.

6.2 Liability for Slight Negligence

In cases of ordinary (slight) negligence, we will only be liable for the breach of essential contractual obligations. Essential obligations are those duties which are fundamental to the contract and on whose fulfillment the User can and should be able to rely.

6.3 Further Limitations

To the extent our liability is limited or excluded under these provisions, the same limitations or exclusions apply to the personal liability of our officers, employees, agents, and subcontractors.

6.4 User Indemnification

The User shall indemnify and hold Rankscale harmless from any third-party claims arising from the User's unlawful use of the Service or breach of these Terms, to the extent the User is responsible for such breach.

7. Term and Termination

7.1 Contract Term

The contract begins upon your registration and acceptance of these Terms. The term is determined by your subscription plan (e.g., a monthly or a 12-month subscription). Unless terminated, the contract will renew according to the terms of your plan.

7.2 Ordinary Termination

Either party may terminate a monthly subscription at any time, effective at the end of the current billing cycle. A 12-month subscription can be terminated by giving thirty (30) days' notice, effective at the end of the 12-month cycle. Notice of termination must be given in writing (e.g., by email).

7.3 Termination for Cause

Either party may terminate the contract with immediate effect for cause (aus wichtigem Grund) if the legal requirements are met. Cause for Rankscale includes a serious breach of these Terms by the User (such as misuse of the Service or persistent non-payment) that is not cured after a warning, or the insolvency of the User.

7.4 Effects of Termination

Upon termination, your account will be deactivated. You are responsible for exporting any needed data before the termination date. We will delete User Data from production systems no later than 90 days after termination; backup copies are overwritten in the ordinary course of our backup rotation no later than 30 days after their creation, so that all User Data is deleted from backup systems no later than 120 days after termination, except for data we are legally required to retain. Further details are set out in Section 9 of the DPA, which applies to personal data processed on your behalf. Fees paid in advance are non-refundable unless the termination was for cause due to an uncured breach by us. Clauses that by their nature are meant to survive termination (such as confidentiality, liability, governing law, etc.) shall remain in effect.

8. Governing Law and Jurisdiction

8.1 Governing Law

This Agreement and any disputes arising out of it shall be governed by the laws of Austria, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

8.2 Jurisdiction

The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms shall be the competent court in Vienna, Austria, provided the User is a merchant, a legal entity under public law, or a special fund under public law.

9. Client Reference

We are proud of the users we serve. For marketing and promotional purposes, we may identify you as a Rankscale user and feature your company name, logo, or other brand identifiers on our website, in client lists, and in other marketing materials. We will always present your brand in a fact-based and respectful manner. This right survives the termination of our agreement, unless you submit a written objection for a legitimate reason. Rest assured, we will never disclose your confidential information in our promotional activities.

10. Final Provisions

10.1 Changes to Terms

For existing contracts, we will notify you of any proposed changes to these Terms in writing at least six weeks in advance. The changes will be considered approved if you do not object in writing within the notice period. We will explicitly inform you of this consequence in the notice. If you object, either party may terminate the contract.

10.2 Entire Agreement

These Terms, along with any referenced order forms, constitute the entire agreement between us. There are no side agreements. All amendments or additions to this contract must be made in writing to be effective. This also applies to waiving this writing requirement.

10.3 Severability

Should any provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The parties agree to replace the invalid provision with a valid one that most closely reflects the original economic intent.

10.4 Contract Language

The English version of these Terms of Use is the legally binding version. Any translations, if provided, are for convenience only.

10.5 Contact and Imprint

The provider of the Service is Rankscale GmbH, located at Untere Viaduktgasse 10/6, 1030 Vienna. For any questions or communications, please contact us via the channels listed on our website. Our Imprint and Privacy Policy can also be found on our website.

Last Updated: 19.10.2026

By creating an account or using the Rankscale Service, you affirm that you have read, understood, and agree to these Terms of Use.