Terms and Conditions for prokodo WIS

1. “prokodo” is the business name of the sole trader Christian Salat and is not a separate legal entity.

2. These Terms and Conditions apply to paid contracts for the use of prokodo WIS – Website Intelligence Suite.

3. WIS is a continuously provided digital service for website analysis and monitoring. The paid service is provided under a subscription.

4. These Terms apply to Consumers and Business Customers where the relevant offer or checkout permits the respective customer type to subscribe.

5. Provisions expressly intended only for Consumers or only for Business Customers apply only to that customer group.

6. Any free website analysis, initial free analysis or “Free Report” offered by prokodo does not by itself create a paid WIS subscription.

7. Deviating, conflicting or additional customer terms do not form part of the contract unless prokodo expressly accepts them in text form.

8. Individual agreements and specific information regarding the plan, service scope, price, billing period or website capacity shown during checkout or in a separate offer take precedence to the extent they expressly differ from these Terms.

1. WIS may be used by Consumers and Business Customers where this is offered for the relevant plan and commercial market.

2. Where checkout asks the customer to identify as a Consumer or Business Customer, the customer must provide accurate information.

3. A customer identifying as a Business Customer confirms that the subscription is entered into predominantly for the customer's trade, business or independent professional activity.

4. Consumers are shown prices including applicable statutory VAT.

5. Business Customers may be shown prices excluding VAT, with applicable VAT added where required.

6. The price, billing period, included website capacity and any additional website-slot or other paid-plan charges shown immediately before the paid order is submitted are controlling.

7. An incorrect customer classification does not remove mandatory consumer rights where the customer qualifies as a Consumer based on the actual circumstances.

1. The contract covers the continuous provision of prokodo WIS for the duration of the subscription.

2. WIS is designed to provide automated and partly AI-supported analysis, monitoring and evaluation of publicly accessible websites and to assist customers in prioritising and verifying improvements.

3. Depending on the subscribed plan, WIS may include:

• a user account and organisation,
• creation and management of website projects,
• free or initial baseline analyses,
• initial and recurring in-depth website analyses,
• recurring technical monitoring checks,
• detection of website changes,
• targeted re-checks of detected changes,
• comparisons between analysis and monitoring periods,
• prioritised findings,
• explanations of the relevance and possible cause of findings,
• recommended actions and implementation guidance,
• verification of improvements or resolutions within the scope actually re-checked,
• historical reports and comparisons,
• monitoring schedules and history,
• periodic summaries,
• email notifications concerning selected confirmed relevant or critical changes,
• resource, roadmap or hand-off information,
• copy, export or integration functions where included in the subscribed plan.

1. The specific contractual service scope is determined by the plan and product description displayed when the subscription is entered into.

2. A function displayed in a preview, free analysis or future-product announcement is not automatically included in every paid plan.

3. WIS is an analysis, monitoring, decision-support and implementation-support service. It does not constitute legal advice, tax advice, binding business advice, a complete technical due-diligence review, penetration testing, a certified accessibility audit or manual agency implementation.

1. prokodo may provide a free website analysis or Free Report before a paid subscription is entered into.

2. The free service is intended to provide an initial assessment and may display selected analysis results or product functionality.

3. A free analysis may be materially more limited than the paid WIS service.

4. Previews, locked areas or demonstration content may contain illustrative information. Content that does not originate from the website actually analysed will be identified as an example or demonstration where applicable.

5. A free analysis does not create an entitlement to continuous monitoring, recurring re-checks, permanent archiving or paid WIS functionality.

6. A paid contract arises only when the customer separately enters into a WIS subscription.

1. WIS monitors activated website projects using the checks appropriate to the subscribed plan, relevant analysis type and technical condition of the website.

2. Different checks may use different scopes and measurement methods.

3. These may include:

• recurring lightweight monitoring checks,
• targeted re-checks of individual pages or signals,
• periodic in-depth analyses,
• representative or bounded samples,
• rule-specific site-wide checks,
• technical measurements provided through third-party services or APIs.

1. A particular check may cover the entire population examined for a particular rule, a bounded sample, individual URLs or a partially comparable scope.

2. WIS may identify such limitations within the analysis and comparison interface.

3. Labels such as “new”, “confirmed”, “worsened”, “improved” or “resolved” relate only to measurements actually obtained and sufficiently comparable for the relevant conclusion.

4. A confirmed resolution within a re-checked scope does not automatically mean that the same issue has been checked or resolved on every URL or throughout the entire website.

5. Where the measurement basis is insufficient, a change may be displayed as not sufficiently comparable, pending verification or unknown.

6. Monitoring intervals may depend on the plan, analysis type, technical state, previous results, required re-checks, cooldowns, system capacity and third-party services.

7. Displayed upcoming check times are scheduling information and do not guarantee completion at an exact second.

1. Unless expressly agreed otherwise, prokodo does not promise:

• complete analysis of every existing or technically reachable URL,
• detection of every error, risk or optimisation opportunity,
• a complete SEO audit,
• a complete performance audit,
• a complete accessibility audit,
• a complete security audit,
• a complete privacy or legal review,
• a complete code review,
• manual review of every finding,
• manual implementation of recommendations,
• personal consulting,
• continuous real-time monitoring of every website resource,
• an emergency, security or guaranteed uptime-monitoring service,
• delivery of every notification within a guaranteed period,
• permanent immutable archiving of all analysis data,
• features not included in the subscribed plan.

1. WIS does not guarantee any specific:

• search-engine ranking,
• visibility result,
• Core Web Vitals result,
• traffic level,
• lead volume,
• conversion rate,
• revenue,
• profit,
• accessibility compliance,
• legal compliance status or
• other business outcome.

1. WIS may be unable to analyse content reliably where access is restricted by credentials, authentication, CAPTCHAs, WAFs, bot protection, rate limits, robots.txt, IP restrictions, localisation, personalisation, technical failures or third-party restrictions.

2. Technical measurements may fluctuate. WIS attempts to distinguish sufficiently supported changes from variations that are not reliable enough to support a conclusion. Complete elimination of measurement variance is not promised.

3. Code examples, prompts, configuration guidance and implementation recommendations must be reviewed, adapted and tested for the customer's specific technical environment before production use.

1. A user account is required for paid WIS functionality.

2. Where supported by the plan, customers may create organisations or join existing organisations.

3. Organisations may include multiple users, roles and permissions.

4. Customers must protect their login credentials and authentication methods from unauthorised access.

5. Personal account credentials must not be shared with unauthorised persons.

6. Where a customer adds other users or assigns permissions, the customer is responsible for appropriate access management within the customer's organisation.

7. prokodo may restrict access where reasonably required for security purposes, suspected misuse or protection of the relevant account.

1. Websites are managed within WIS as website projects.

2. Before ongoing monitoring begins, prokodo may carry out a technical access test or comparable preflight check.

3. A website project may be activated for monitoring only where the relevant technical requirements are met and sufficient subscribed website capacity is available.

4. If a preflight check fails, the website project will not be presented as successfully active monitoring.

5. The number of websites that may be actively monitored at the same time depends on the subscribed plan and any additional website slots purchased.

6. Where offered, additional website slots may be added for an additional charge.

7. The applicable price and any billing effect for the current billing period will be displayed before the customer confirms the change.

8. Technical activation or deactivation of a website project and modification of the underlying subscription are separate actions.

1. Presentation of WIS on prokodo's websites or user interfaces does not by itself constitute a legally binding offer but invites the customer to enter into a subscription.

2. Before submitting a paid order, the customer is shown the material features of the selected plan, its price, billing period, included website capacity and applicable contractual information.

3. Before entering into the paid contract, the customer is given access to the applicable Terms and, where relevant, the Withdrawal Policy and Privacy Policy.

4. By activating the final payment button, the customer submits a binding offer to enter into the WIS subscription displayed during checkout.

5. The contract is formed once the payment/subscription process has been successfully completed and the subscription has been confirmed by Stripe or prokodo.

6. Failure or interruption of the browser return from the payment provider to prokodo does not prevent contract formation where Stripe has validly completed the subscription process and prokodo has received or properly reconciled that result.

7. Stripe is the payment service provider and not the provider of WIS.

8. The customer receives an electronic contract or subscription confirmation after contract formation.

9. Consumers receive the legally required contractual information and legal documents on a durable medium.

10. prokodo may reject a contract where specific technical, legal, security or misuse-related reasons prevent the subscription.

1. Unless expressly stated otherwise during checkout, WIS is provided as an indefinite subscription billed monthly.

2. At the end of each monthly billing period, the subscription automatically continues for the next monthly billing period until cancelled.

3. The customer may cancel at any time with effect at the end of the current paid billing period.

4. Where prokodo expressly provides an immediate or earlier termination option, the termination date confirmed by the customer applies.

5. Consumers are provided with the electronic cancellation mechanism required by applicable law.

6. Mandatory statutory cancellation and termination rights remain unaffected.

7. Either party's right to terminate for cause remains unaffected.

8. prokodo may ordinarily terminate an indefinite subscription by giving at least one month's notice to the end of a billing period where legally permissible.

9. Where prokodo terminates for a reason not attributable to the customer, any mandatory refund or other statutory rights remain unaffected.

10. Once cancellation takes effect, paid provision does not continue into future billing periods.

1. Where supported by the product, customers may disable monitoring for an individual website project.

2. Disabling monitoring stops future ongoing monitoring of that website and may free occupied website capacity.

3. Disabling a website project does not cancel the WIS subscription.

4. Disabling a website also does not automatically remove a separately purchased paid website slot from the subscription.

5. A reduction of paid website capacity must be confirmed as a separate plan or contractual change where such a change is offered.

6. The commercial consequences of a paid capacity change are displayed before confirmation.

1. The prices displayed immediately before the subscription or paid contractual change is confirmed apply.

2. Subscription charges are generally billed in advance for the relevant billing period.

3. The customer authorises prokodo and its payment provider to collect recurring amounts due under the selected subscription using the selected or stored payment method.

4. Additional website slots or other paid extensions may result in additional or prorated charges during the current billing period where disclosed before confirmation.

5. Reductions or other paid-capacity changes become effective at the time displayed before confirmation.

6. Invoices and other payment documents are provided electronically.

7. Complete card or payment credentials are generally processed directly by Stripe. prokodo processes only the payment and status information required for contract performance, entitlement provisioning, billing, tax calculation, reconciliation, refunds, disputes and support.

8. Customers must provide accurate billing, tax and payment information.

9. For Business Customers in the European Union, the reverse-charge procedure may apply where the statutory requirements are met.

10. prokodo may change prices for new subscriptions at any time.

11. Prices are not changed retroactively for billing periods already paid.

12. Any price change affecting an existing subscription will be communicated in advance and implemented only in accordance with applicable contractual and statutory requirements. Where customer consent is legally required, the new price will not become effective without such consent.

1. Where a recurring payment cannot be successfully processed, the subscription may be marked as past due or assigned a comparable payment status.

2. Customers may be asked to update their payment method or settle an outstanding amount.

3. Payment retries may be carried out in accordance with the payment provider's settings and applicable law.

4. Where payment remains outstanding, prokodo may restrict paid use or terminate the subscription in accordance with applicable law and these Terms.

5. A single failed payment attempt does not automatically delete existing analysis or monitoring history.

6. Mandatory customer rights remain unaffected.

1. Depending on the subscribed plan, enabled functions and project status, WIS may send:

• account and onboarding messages,
• activation and status messages,
• periodic monitoring summaries,
• new finding comparisons,
• notices of confirmed relevant website changes,
• notices of confirmed critical website changes,
• analysis and re-check information,
• contractual notices,
• invoice and payment information,
• cancellation, withdrawal or support messages.

1. Monitoring notifications relate only to the scope actually checked and sufficiently confirmed.

2. WIS is not an emergency, security or guaranteed real-time alerting service.

3. Delivery may be affected by external email providers, spam filters, customer systems, network failures or other technical circumstances.

4. Customers are responsible for maintaining an accessible email address and being able to receive relevant service messages.

1. Customers may submit only websites or domains that they are authorised to analyse and monitor or whose analysis and monitoring are otherwise lawful.

2. Customers must not use WIS to:

• unlawfully circumvent technical protections,
• prepare or carry out unauthorised access to protected systems,
• promote unlawful content,
• infringe third-party rights,
• intentionally overload systems,
• scrape protected areas unlawfully or
• otherwise use WIS abusively.

1. Credentials for protected or internal areas may be provided only where prokodo expressly offers such functionality and its use has been agreed.

2. Websites or areas containing special categories of personal data, children's data or extensive patient, applicant, employee or similarly sensitive data may be monitored only after prior consultation with prokodo.

3. Customers must provide accurate contact, company, billing and payment information.

4. Customers remain responsible for professional and technical review and implementation of WIS recommendations.

5. Access links, tokens and authentication data must be kept confidential.

1. WIS operates wholly or partly through automated systems.

2. Rule-based systems, statistical methods, AI models and external technical analysis tools may be used.

3. Individual manual review of every report, finding, comparison or recommendation by a prokodo employee is not included unless expressly agreed.

4. Despite technical checks, evidence requirements and guardrails, automated or AI-supported output may contain errors, inaccuracies, incomplete conclusions or recommendations unsuitable for a particular technical environment.

5. WIS therefore provides decision and implementation support and does not replace individual professional advice where such advice is required.

1. prokodo may use external technical services to provide WIS.

2. These may include hosting, cloud, crawling, performance, analysis, AI, payment, authentication, email and infrastructure providers.

3. The availability or functionality of individual analyses may depend on such providers.

4. Where WIS offers integrations or exports to third-party platforms such as Jira, GitHub or other external services, the third party's own terms and privacy information may additionally apply.

5. prokodo does not guarantee the permanent availability of a particular third-party interface where that interface is changed, restricted or discontinued by the relevant provider.

6. Mandatory customer rights remain unaffected.

1. prokodo generally provides WIS on a continuous basis during an active subscription.

2. 100% uninterrupted availability is not promised.

3. Temporary restrictions may occur as a result of maintenance, security measures, technical incidents, force majeure, network failures or third-party service failures.

4. prokodo may modify WIS during continuous provision where there is a valid reason.

5. Valid reasons may include:

• correcting technical errors,
• improving security,
• preventing abuse,
• adapting to legal or regulatory requirements,
• adapting to technical standards,
• changes to or discontinuation of third-party APIs and services,
• maintaining compatibility or interoperability,
• technical modernisation or
• developing functionality where material contractually promised functionality is not removed without corresponding customer rights.

1. Required updates, including required security updates, will be provided to Consumers during the legally relevant supply period.

2. Where changes to a continuously supplied digital product affecting Consumers go beyond what is necessary to maintain conformity, such changes and related notices will be made only in accordance with applicable law.

3. Where such a change more than insignificantly impairs a Consumer's access to or use of WIS, applicable statutory information and termination rights remain unaffected.

4. Product changes do not create additional charges unless the customer separately agrees to a paid upgrade or plan change.

1. Statutory customer rights relating to non-conforming performance remain unaffected.

2. Where statutory provisions relating to digital products apply to a Consumer contract, applicable requirements concerning provision, conformity, updates and remedies remain unaffected.

3. Customers may contact support@prokodo.com or the support channels offered on the website regarding technical problems.

4. prokodo may investigate and remedy technical defects within a reasonable period.

5. A service is not defective merely because a customer, consultant, tool, search engine or other third party assesses a finding or priority differently.

6. The product and measurement limitations described in these Terms do not exclude mandatory statutory rights.

1. Business Customers do not have a statutory consumer right of withdrawal.

2. Consumers may have a statutory right of withdrawal under the separate Withdrawal Policy.

3. Where WIS is to be provided before expiry of the statutory withdrawal period, including activation of a website project or commencement of an analysis, prokodo may ask the Consumer to expressly request the early start of performance.

4. Upon a valid and timely withdrawal, prokodo refunds all payments received for the withdrawn WIS contract in full using the original payment method, without compensation or a proportionate deduction for services already provided. This also applies where early performance was expressly requested. The subscription and entitlement to paid services end on receipt of the effective withdrawal; further renewals and charges are prevented. This voluntary policy applies to contracts concluded under this legal version and is not retroactively changed by subsequent legal versions. The required contract confirmation on a durable medium must still be provided before performance begins.

5. An ongoing WIS subscription is not considered fully performed merely because an initial analysis, baseline, report, monitoring check, finding comparison or notification has been created.

6. Details are set out in the separate Withdrawal Policy.

1. prokodo retains all rights in the software, user interface, analysis architecture, analysis methods, rule sets, templates, designs, text modules, methods, workflows, trademarks and other proprietary material.

2. For the duration of the subscription, the customer receives a non-exclusive, non-transferable right to use the subscribed WIS functions in accordance with the contract.

3. Customers may use reports, findings, recommendations, tasks and other results generated for their website or organisation for their own private or business purposes.

4. Such results may be shared with employees and engaged developers, agencies, advisers or other service providers where required for use or implementation.

5. Without prokodo's express consent, customers may not:

• resell WIS or WIS output as a standalone product,
• provide it as a white-label commercial product,
• conduct automated mass extraction,
• reverse engineer protected analysis methods,
• circumvent technical usage limits or
• use WIS directly to develop or train a competing analysis product to the extent such restriction is legally permissible.

1. Customer rights in their own website, trademarks, content and data remain unaffected.

1. Information about processing of personal data is provided in prokodo's Privacy Policy.

2. WIS may process account, organisation, website, analysis, monitoring, billing, payment, communication and technical event data.

3. Where prokodo processes personal data on behalf of a Business Customer and the statutory requirements are met, any required data processing agreement will be provided or concluded separately.

4. Disabling a website project or cancelling a subscription does not necessarily result in immediate deletion of all historic analysis, contractual, invoice or evidence data.

5. Details regarding retention, deletion and anonymisation are set out in the Privacy Policy.

1. prokodo may temporarily restrict functionality or access where there are specific indications of:

• unlawful use,
• security risks,
• misuse,
• serious infringement of third-party rights,
• manipulation,
• unauthorised access,
• excessive technical load or
• material contractual breaches.

1. Where reasonably possible, prokodo will give the customer an opportunity to remedy the relevant issue before permanent suspension.

2. Immediate suspension remains permitted where reasonably necessary to protect prokodo, other users, third parties or technical infrastructure.

3. Either party's right to terminate for cause remains unaffected.

4. Mandatory Consumer rights remain unaffected.

1. prokodo has unlimited liability:

• for intent and gross negligence,
• for injury to life, body or health,
• under mandatory product-liability provisions and
• where liability cannot lawfully be limited.

1. In the case of negligent breach of a material contractual obligation, prokodo's liability is limited to foreseeable loss typical for the contractual relationship.

2. Material contractual obligations are obligations whose performance is necessary for proper execution of the contract and on whose performance the customer may ordinarily rely.

3. Liability for ordinary negligence is otherwise excluded to the extent legally permissible.

4. prokodo is not liable merely because a customer or third party implemented an automated recommendation without appropriate professional review.

5. prokodo is not liable for actions, changes or decisions of external search engines, browsers, hosting providers, CMS systems, APIs, payment services or other third parties that are outside prokodo's responsibility.

6. Mandatory statutory claims and Consumer rights remain unaffected.

Christian Salat, trading under the business name prokodo, is neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration board unless participation is required by law.

1. For orders placed through the English-language version of prokodo's Germany commercial market, the contract language is English and these English Terms apply.

2. German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.

3. For Consumers, this choice of law applies only to the extent that it does not deprive the Consumer of mandatory protection provided by the law of the country in which the Consumer has their habitual residence.

4. Where the customer is a merchant, a legal entity under public law or a special fund under public law, Munich, Germany is the exclusive place of jurisdiction to the extent legally permissible.

5. Mandatory jurisdiction rules applicable to Consumers remain unaffected.

1. The version of these Terms displayed to and validly incorporated into the contract when the subscription is entered into generally applies to that contract.

2. prokodo may retain the applicable Terms version, the time of incorporation and other contract evidence required for evidentiary purposes.

3. A later revision of these Terms does not automatically amend existing contracts retroactively.

4. Any amendment to an existing contract is made only in accordance with applicable contractual and statutory requirements.

5. Permissible product changes under § 18 are distinct from amendments to these Terms.

6. If any provision of these Terms is wholly or partly invalid or unenforceable, the remaining provisions remain unaffected.

7. Applicable statutory provisions replace any invalid provision.

8. Mandatory statutory provisions and Consumer rights prevail.