Terms and Conditions – United States

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

These Terms and Conditions apply to paid subscriptions to prokodo WIS – Website Intelligence Suite entered into through prokodo's United States commercial market.

WIS is an ongoing digital website-analysis and monitoring service provided under a recurring subscription.

These Terms apply to both individual Consumers and Business Customers.

A “Consumer” is an individual purchasing WIS primarily for personal, family or household purposes.

A “Business Customer” is a person or organisation purchasing WIS primarily for commercial, business, trade or professional purposes.

Whether a customer qualifies as a Consumer or Business Customer is determined by the circumstances and applicable law.

Mandatory rights that cannot lawfully be waived remain unaffected.

Orders entered into through prokodo's Germany commercial market are subject to the separate Terms applicable to that market.

Individual agreements and specific plan, pricing or service information displayed during checkout or in a separately agreed offer take precedence to the extent they expressly differ from these Terms.

The United States commercial market is intended for customers whose billing country is the United States.

prokodo may reject or discontinue use of the United States commercial market where billing or payment information indicates that the transaction is not eligible for that market.

Prices are displayed in U.S. dollars unless expressly stated otherwise.

Applicable sales, use or similar taxes may be calculated during checkout based on the information available to the payment and tax systems.

The subscription price, billing frequency, included website capacity, additional website-slot charges and total amount displayed before the customer submits the paid order are controlling.

prokodo may offer a free website analysis, initial analysis or Free Report before the customer subscribes to WIS.

A Free Report is a separate free service and does not by itself create a paid subscription or recurring payment obligation.

The free service may provide a limited assessment and may display selected WIS functionality.

Previews, locked sections or demonstration content may contain illustrative information. Content that is not generated from the website actually analysed will be identified as demonstration or example content where applicable.

The customer enters into a paid contract only by separately completing the WIS subscription process.

WIS is an ongoing digital service for automated and partly AI-supported website analysis, monitoring and change detection.

Depending on the subscribed plan, WIS may include:

The specific service scope is determined by the plan and product description displayed when the subscription is purchased.

Features shown in a preview, free analysis or future-product announcement are not automatically included in every paid plan.

WIS is an analysis, monitoring, decision-support and implementation-support service.

WIS does not constitute legal advice, tax advice, regulated professional advice, a complete technical due-diligence review, penetration testing, a certified accessibility audit or manual agency implementation.

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

Different checks may use different scopes and measurement methods.

These may include:

A particular result may relate to the complete population examined for a specific rule, a bounded sample, individual URLs or a partially comparable scope.

WIS may identify those limitations within the product.

A change labelled as “new,” “confirmed,” “worsened,” “improved” or “resolved” relates only to measurements actually obtained and sufficiently comparable for that conclusion.

A verified resolution within a re-checked scope does not mean that every page of the website has been checked or cleared.

Where the measurement basis is insufficient, WIS may identify a result as not comparable, pending verification or unknown.

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

Displayed future check times are scheduling information and do not guarantee completion at an exact time.

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

Technical measurements may fluctuate. WIS attempts to distinguish sufficiently supported changes from variations that are not reliable enough to support a conclusion, but does not promise complete elimination of measurement variance.

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

A user account is required for paid WIS functionality.

Where supported, customers may create organisations, join organisations and manage members, roles and permissions.

Customers are responsible for protecting account credentials and authentication methods against unauthorised access.

Customers are responsible for appropriately managing access granted to members of their organisation.

Websites are managed as website projects within WIS.

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

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

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

Additional website slots may be purchased where offered.

The applicable additional price and billing effect are displayed before the customer confirms the purchase.

Display of WIS does not itself constitute a binding offer by prokodo but invites the customer to subscribe.

Before submitting payment, the customer is shown material subscription information, including:

By submitting the paid checkout, the customer affirmatively agrees to the subscription and authorises the recurring charges disclosed during checkout.

The contract is formed when the checkout has been successfully completed and the subscription/payment has been accepted and confirmed by Stripe or prokodo.

A failed or interrupted browser return from Stripe to prokodo does not prevent contract formation where the subscription was validly completed and prokodo receives or properly reconciles confirmation of that subscription.

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

After contract formation, prokodo provides an electronic order or subscription confirmation containing or linking to the material subscription terms and applicable legal documents.

prokodo may reject a subscription where specific technical, security, legal or misuse-related reasons prevent the service from being provided.

Unless expressly stated otherwise during checkout, WIS is provided as a month-to-month subscription.

The subscription automatically renews for successive monthly billing periods until cancelled.

The payment method associated with the subscription will be charged the recurring amount disclosed during checkout for each renewal period, together with applicable taxes and any separately purchased recurring add-ons.

The subscription continues until the customer or prokodo terminates it in accordance with these Terms.

Customers are responsible for maintaining a valid payment method.

Any additional disclosure, reminder, notice, renewal or consent requirement imposed by applicable federal or state law remains applicable.

Customers may cancel their WIS subscription at any time.

Unless the checkout, applicable law or a particular offer provides otherwise, cancellation takes effect at the end of the current paid billing period.

After cancellation becomes effective, the subscription will not renew for an additional billing period.

Customers who subscribe online will be provided with an online cancellation method.

prokodo intends the cancellation process to be simple and reasonably comparable in ease to the online subscription process.

Additional cancellation methods will be made available where required by applicable law.

prokodo will provide an electronic cancellation confirmation where required by applicable law or by the cancellation process offered.

Any statutory right to cancel immediately or terminate for cause remains unaffected.

prokodo may terminate an indefinite subscription by providing reasonable advance notice where legally permissible.

prokodo may suspend or terminate immediately where reasonably required because of fraud, unlawful use, serious abuse, security threats or a material breach of these Terms.

Customers may disable monitoring for an individual website where the product provides this functionality.

Disabling monitoring stops future ongoing monitoring for that website and may free website capacity for another project.

Disabling monitoring for a website does not cancel the WIS subscription.

Disabling a website also does not automatically remove a separately purchased paid website slot.

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

The pricing effect and effective date of a paid capacity change are shown before confirmation.

The prices displayed before the customer confirms a subscription or paid subscription change apply.

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

By subscribing, the customer authorises recurring charges using the payment method selected or stored for the subscription.

Additional website slots or other paid subscription changes may result in immediate, additional or prorated charges where disclosed before confirmation.

Electronic invoices, receipts or other payment documents may be provided.

Complete card information is generally processed directly by Stripe and is not stored by prokodo.

prokodo may process payment, customer, subscription, invoice and transaction references necessary for contract administration, service entitlement, tax, reconciliation, refunds, disputes, fraud prevention and support.

Customers must provide accurate billing, payment and tax information.

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

Price changes do not apply retroactively to a billing period already paid.

Where prokodo proposes to change the recurring price of an existing subscription, the affected customer will receive advance notice.

The notice will identify the new price and when it is intended to take effect.

Where applicable federal or state law requires a specific notice period, renewal reminder, cancellation opportunity or affirmative customer consent, prokodo will comply with that requirement.

Where affirmative consent is required by applicable law, the increased recurring price will not be charged without the required consent.

Customers may cancel the subscription before a future price increase becomes effective.

Where a recurring payment fails, the subscription may be marked as past due or assigned a comparable status.

prokodo or its payment provider may retry payment where permitted by applicable law and the applicable payment settings.

Customers may be asked to update the payment method or pay an outstanding invoice.

Continued non-payment may result in restriction, suspension or termination of paid WIS functionality.

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

Mandatory customer rights remain unaffected.

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

WIS is not an emergency, cybersecurity incident-response or guaranteed real-time alerting service.

Delivery may be affected by third-party email providers, spam filters, customer systems, network failures or other external circumstances.

Customers are responsible for maintaining an accessible email address.

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

Customers must not use WIS to:

Credentials for protected systems may be provided only where prokodo expressly supports such functionality and its use has been agreed.

Websites or areas containing highly sensitive personal information, children's information, patient information, employee information or similarly sensitive datasets may be submitted only after prior consultation with prokodo.

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

Customers remain responsible for appropriate professional and technical review before implementing WIS recommendations.

Account credentials, access links and tokens must be kept confidential.

WIS operates wholly or partly through automated systems.

prokodo may use rule-based analysis, statistical methods, artificial-intelligence models and external technical analysis tools.

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

Automated and AI-supported output may contain errors, inaccuracies, incomplete conclusions or recommendations that require adaptation to the customer's technical environment.

WIS is therefore a decision-support and implementation-support tool and does not replace professional advice where such advice is required.

prokodo may use external service providers in operating WIS, including cloud, hosting, crawling, analysis, AI, performance, authentication, payment, email and infrastructure services.

Individual WIS functionality may depend on such third-party services.

Where WIS connects to external services such as Jira, GitHub or other integrations, use of the third-party service may also be subject to that provider's terms and privacy notices.

prokodo does not guarantee that a particular third-party API or integration will remain available indefinitely where the third party changes, restricts or discontinues it.

Mandatory customer rights remain unaffected.

prokodo seeks to provide WIS continuously during an active subscription.

100% uninterrupted availability is not guaranteed.

WIS may be temporarily affected by maintenance, security measures, technical incidents, network failures, force majeure or third-party service outages.

prokodo may update and modify WIS for legitimate reasons, including:

Changes do not create additional charges unless the customer expressly agrees to a paid upgrade or subscription change.

Where applicable law requires advance notice, consent, a cancellation opportunity, refund right or other remedy because of a material service change, the applicable requirement controls.

Refund eligibility and additional cancellation rules are set out in the separate United States Refund & Cancellation Policy made available before purchase.

Cancellation of a subscription does not automatically reverse charges for a billing period that has already begun unless the Refund & Cancellation Policy, a specific offer or applicable law provides otherwise.

Nothing in these Terms limits any refund, credit, cancellation or other remedy that cannot lawfully be waived.

These United States Terms do not create a separate EU-style fourteen-day consumer withdrawal right for United States-market subscriptions.

Any mandatory cancellation or refund rights provided by applicable federal or state law remain unaffected.

prokodo retains all rights in WIS software, user interfaces, analysis architecture, analysis methods, rule sets, templates, designs, text modules, workflows, trademarks and other proprietary materials.

During the subscription, the customer receives a limited, non-exclusive and non-transferable right to use the subscribed WIS functionality in accordance with these Terms.

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

Customers may share such output with employees, developers, agencies, consultants or other service providers engaged to use or implement the output.

Without prokodo's express permission, customers may not:

Processing of personal information is described in prokodo's Privacy Policy.

WIS may process account, organisation, website, monitoring, analysis, billing, payment, communication and technical-event information as described in that Privacy Policy.

Payment information is processed through the payment provider used for subscription checkout and billing.

Disabling a website or cancelling a subscription does not necessarily result in immediate deletion of all historical analysis, contract, payment or evidence data.

Applicable retention and deletion practices are described in the Privacy Policy.

Where appropriate and legally required, prokodo will provide notice and a reasonable opportunity to remedy the issue.

Immediate suspension remains permitted where reasonably necessary to prevent harm, fraud, security threats or unlawful use.

Any mandatory statutory customer rights remain unaffected.

WIS is based on automated and AI-supported analysis of technically accessible website information and is subject to the scope and limitations described in these Terms.

prokodo does not warrant that every issue, risk, opportunity, page, website change or technical characteristic will be detected.

prokodo does not guarantee any particular search ranking, traffic level, revenue, conversion rate, Core Web Vitals result, accessibility status or other business outcome.

Recommendations and implementation guidance may require professional review and adaptation.

Except for warranties or rights that cannot legally be excluded, WIS is provided subject to the express promises made in these Terms and the applicable plan description, and prokodo disclaims additional warranties to the maximum extent permitted by applicable law.

Nothing in this Section excludes any warranty or Consumer protection that cannot lawfully be waived.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

prokodo remains fully liable for intentional misconduct, gross negligence, personal injury and other liability that cannot lawfully be limited.

To the maximum extent permitted by applicable law, prokodo is not liable merely because a customer or third party implements an automated recommendation without appropriate professional review.

To the maximum extent permitted by applicable law, prokodo is not responsible for actions, changes or decisions of external search engines, browsers, hosting providers, CMS systems, APIs, payment providers or other third parties outside prokodo's reasonable control.

For Business Customers, to the maximum extent permitted by applicable law, liability for ordinary negligence is limited to foreseeable losses typical for the contractual relationship.

Mandatory Consumer rights remain unaffected.

The contract language for subscriptions under these United States Terms is English.

German law applies to the contractual relationship, excluding the United Nations Convention on Contracts for the International Sale of Goods, to the extent that this choice of law is legally effective.

For Consumers, this choice of law does not deprive the customer of mandatory federal, state or other consumer protections that apply and cannot validly be waived.

For Business Customers, the courts of Munich, Germany have exclusive jurisdiction to the extent such an agreement is legally permissible.

Nothing in these Terms requires a Consumer to bring a claim exclusively in Munich where applicable mandatory law provides another forum or jurisdiction.

The version of these Terms displayed to and accepted by the customer when the subscription is entered into generally applies to that subscription.

prokodo may retain the applicable Terms version, the date and time of acceptance and other contract evidence required to document the subscription.

A later revision of these Terms does not automatically modify an existing subscription retroactively.

Changes affecting an existing subscription will be made only in accordance with applicable contractual and legal requirements.

Product changes under Section 19 are distinct from amendments to these Terms.

If any provision of these Terms is invalid or unenforceable, the remaining provisions remain effective to the maximum extent permitted by law.

Mandatory federal, state or other applicable legal requirements prevail where they cannot lawfully be waived.