(1) These Terms of Service (hereinafter "Terms") apply to all contracts concluded between Knut Nickol, sole proprietor, Anne-Frank-Straße 7, 64807 Dieburg, Germany (hereinafter "Provider"), operating under the brand rankmio, and the user (hereinafter "Customer") regarding the use of the online SEO and AI visibility tool at rankmio.com (hereinafter "Platform").
(2) The Platform is directed at both merchants within the meaning of § 14 BGB (German Civil Code) and consumers within the meaning of § 13 BGB (German Civil Code). Where different provisions apply to consumers, these are specifically indicated.
(3) Deviating, conflicting, or supplementary terms and conditions of the Customer shall not become part of the contract unless the Provider has expressly agreed to their applicability in writing.
(4) The version of these Terms valid at the time of contract conclusion shall apply.
(1) The Provider makes available to the Customer a web-based SEO and online marketing analysis tool comprising the following core features:
(2) Use of the Platform is based on a platform-internal credit system. Credits are purchased via a one-time fee and are automatically deducted depending on the feature used. There are no recurring subscription fees. The applicable credit costs per feature are displayed to the Customer before each action.
(3) Data retrieved via third-party APIs (Google, OpenAI, Anthropic, DataForSEO, Gemini, Perplexity, and others) is generally displayed as returned by the respective APIs. The Provider assumes no responsibility for the accuracy, completeness, or timeliness of such data.
(4) AI-powered features serve exclusively informational purposes and do not constitute business, marketing, or legal advice. Decisions based on these results are made by the Customer at their own responsibility.
(5) The Provider is entitled to further develop, expand, or restrict the scope of the Platform's services, provided that contractually agreed core features are not materially impaired.
(6) The availability of the Platform and support conditions are governed by § 2a. No entitlement to specific technical availability of third parties (Google, OpenAI, Anthropic) exists (§ 2a para. 3). Interruptions due to API outages or changes by third-party providers do not entitle the Customer to a reduction or extraordinary termination.
(7) No guarantee of results: The Provider is solely obligated to provide the analysis and optimization features of the Platform. Any guarantee for achieving specific search engine rankings, increased website traffic, improved AI visibility, or other optimization results is expressly excluded. Search engine rankings and AI citations depend on algorithms and evaluation criteria of third parties (in particular Google, Bing, ChatGPT, Perplexity) over which the Provider has no influence. Scores, recommendations, and forecasts displayed on the Platform are data-driven reference values, not assurances of future results.
(1) Availability at the handover point: The Provider owes a Platform availability of 99.0% as a monthly calendar average. The service is deemed provided when the software is available for use at the router exit of the data center (Hetzner, Nuremberg) ("handover point"). The Provider does not owe the guarantee of the data connection between the handover point and the Customer's IT systems.
(2) Scheduled maintenance: Maintenance periods required for the upkeep and further development of the Platform do not count as downtime. The Provider carries out such maintenance during off-peak hours (typically on weekdays between 10:00 PM and 6:00 AM CET or on weekends). The Provider is not obligated to make the Platform available during an ongoing update process.
(3) Exclusion for third-party disruptions: No entitlement to the technical availability of third-party interfaces (in particular OpenAI, Anthropic, Google Search Console, PageSpeed API, DataForSEO) exists. Interruptions caused by outages or changes to these third-party APIs are not counted toward the owed availability and do not give rise to reduction claims.
(4) Support hours (best effort): The Provider offers user support exclusively during business hours (Monday to Friday, 9:00 AM to 5:00 PM CET, excluding public holidays in Hesse, Germany) via email (kontakt@rankmio.de). No entitlement to a specific response or resolution time exists. Support requests are processed on a "best effort" basis in the order they are received.
(5) Remedies for shortfall (service credits): If the Provider falls below the guaranteed availability pursuant to para. 1, the Customer shall receive, as sole compensation, a credit of Credits (Service Credits) for future use. Further claims, in particular damages for lost profits or indirect damages, are excluded within the framework of the liability provisions in § 9 of these Terms.
(1) The presentation of services on the Platform does not constitute a legally binding offer but an invitation to submit an offer (invitatio ad offerendum).
(2) By purchasing and fully paying the one-time fee, the Customer submits a binding offer to conclude a usage contract. The contract is formed when the Provider accepts the offer by activating access or by express confirmation via email.
(3) Before concluding the contract, the Customer is obligated to read these Terms and the Privacy Policy and to confirm acceptance by checking the corresponding checkbox. Without this confirmation, the purchase cannot be completed.
(4) The contract text is not stored by the Provider and is no longer accessible to the Customer via the Platform after completion of the ordering process. The Customer receives an order confirmation by email containing the essential contract data.
(1) To use the Platform, the Customer creates a personal account. The provision of correct and complete registration data is mandatory. The Customer is obligated to keep their data up to date.
(2) Each account is intended for the exclusive use by one natural person or one company. The disclosure of access credentials to unauthorized third parties is expressly prohibited.
(3) If the Provider determines that an account is repeatedly used simultaneously from different locations, IP addresses, or devices, indicating unauthorized shared use, the Provider is entitled to suspend or delete the account without prior notice. No refund of the fee shall be granted in such cases.
(4) The Customer is obligated to notify the Provider immediately upon becoming aware of any unauthorized use of their account.
(5) The Customer is liable for all activities carried out under their account, regardless of whether these were performed by the Customer personally or by third parties to whom the Customer has granted access to their account.
(6) Team feature: The Platform offers an optional team feature that allows the Customer (hereinafter "Team Lead") to invite additional users (hereinafter "Team Members") and grant them access to selected projects. Adding Team Members incurs a fee (Credits according to the price list). Team Members use the Team Lead's credit pool; the Team Lead is liable for the entire credit consumption of their team. The Team Lead is responsible for managing their Team Members' access, revoking it promptly upon departure, and ensuring that their Team Members comply with these Terms. The Team Lead is liable to the Provider for damages caused by the actions of Team Members as if they were their own actions.
(1) The prices for credit packages are set out in the price list valid at the time of purchase at rankmio.com/credits. All prices include the applicable statutory value-added tax.
(2) Credits are purchased via a one-time payment. No recurring subscription fees apply.
(3) Credits are automatically deducted from the balance depending on the feature used. The applicable costs per action are displayed to the Customer before the action is executed. The deduction occurs immediately upon successful execution of the respective feature.
(4) Purchased Credits do not expire and may be used without time limitation as long as the user account is active. Cash redemption of purchased Credits is excluded.
(5) Credits are non-transferable and may only be used by the holder of the user account for which they were purchased.
(6) Upon account deletion by the Customer, unused Credits expire without compensation, provided the Customer initiated the deletion themselves. The Customer will be shown a corresponding notice before deletion.
(7) Already consumed Credits will not be refunded unless the failure to provide the service is due to an error by the Provider. In such cases, the corresponding Credits will be credited back to the Customer.
(8) Payment is processed via the payment providers offered on the Platform (currently Paddle) as a one-time payment. The terms and conditions and privacy policies of the respective payment providers apply additionally. The Provider does not store any bank or credit card data; only transaction IDs and payment status are stored for credit allocation purposes. The Provider reserves the right to change or add payment providers.
(1) Upon payment of the one-time fee, the Customer receives a simple, non-transferable, non-sublicensable right to use the Platform for their own purposes.
(2) The Customer is expressly prohibited from:
(3) The Customer ensures that the content, URLs, data, and files they enter or upload do not infringe the rights of third parties and do not contain unlawful content. The Provider assumes no obligation to review content entered by the Customer.
(4) In the event of violations of these usage restrictions, the Provider is entitled to immediately suspend the Customer's access and to claim damages. No refund of the one-time fee shall be granted in such cases.
(1) The Provider is entitled to monitor and analyze the use of the Platform to ensure its security, stability, and further development.
(2) The Provider may use aggregated and anonymized usage data from all Customers for purposes of product improvement, internal analyses, and published market reports, provided such data does not allow conclusions about individual Customers. Such aggregated and anonymized data constitutes intellectual property of the Provider.
(3) Personal usage data is processed exclusively in accordance with the Provider's Privacy Policy.
(4) Automated background processing: The Platform regularly performs automated processing tasks to ensure the timeliness and functionality of data. These include in particular:
These processes run automatically in the background without manual triggering. The Customer will be notified of significant results (e.g., ranking changes) by email, provided they have activated the corresponding notifications.
(1) The Platform uses APIs and services from third-party providers, in particular Google (PageSpeed Insights, OAuth 2.0, Search Console), OpenAI (GPT), Anthropic (Claude), Google Gemini, Perplexity, and DataForSEO (SERP data), and examines publicly accessible websites. By using the Platform, the Customer agrees that their data will be transmitted to these third-party providers to the extent required.
(2) The availability and functionality of the Platform depends in part on the availability of these third-party APIs. The Provider does not guarantee the permanent availability, accuracy, or completeness of data provided via these APIs.
(3) Changes to the API terms by third-party providers may result in individual features of the Platform being restricted or discontinued. This does not give rise to any entitlement of the Customer to reduction, refund, or damages.
(4) The processing of personal data by third-party providers is governed by their own privacy policies. The Provider has concluded data processing agreements pursuant to Art. 28 GDPR with the relevant third-party providers or bases the data transfer on appropriate safeguards pursuant to Art. 46 GDPR.
(5) Website crawling: To perform website analyses, sitemap checks, competitor comparisons, and citability checks, the Platform automatically retrieves publicly accessible websites (crawling). Only publicly available content is captured (HTML source code, metadata, headings, links, structured data). Retrieval is performed via standard HTTP requests and, where technically necessary, via a headless browser (Puppeteer). The Customer is responsible for ensuring they are authorized to analyze the URLs they enter. For competitor analyses, the Customer enters third-party URLs; the Provider performs the crawl on behalf of the Customer. The Provider assumes no liability for any claims by third parties arising from the crawling of third-party websites on behalf of the Customer. The Customer indemnifies the Provider against such third-party claims.
(1) The Platform integrates several AI-powered features operated by various AI providers (currently in particular OpenAI, Anthropic/Claude, and Google Gemini; the Provider reserves the right to change or add AI models and providers at any time):
(1) The Platform offers an optional Whitelabel feature that allows Customers to create individually branded PDF analysis reports with their own logo, company address, and footer text (hereinafter "branding feature").
(2) Prerequisites for use: The branding feature requires the Customer to provide complete branding data (logo, footer text, address, city, country) and to expressly accept these supplementary terms of use by checking the corresponding checkbox in the profile. Consent is logged with a timestamp (Art. 7 para. 1 GDPR).
(3) Customer responsibility for uploaded content: The Customer is solely responsible for ensuring they hold all necessary rights to the uploaded image files (logos, graphics) and to the entered texts (company name, address, footer text). In particular, the Customer represents that:
(4) Indemnification: The Customer indemnifies the Provider against all claims by third parties arising from an infringement of third-party rights through uploaded Branding Assets. The Provider is entitled to immediately delete branding content if there are legitimate indications of rights infringements.
(5) Technical processing: The uploaded logo is stored encrypted outside the publicly accessible web directory. It is used exclusively for generating individual PDF reports and is embedded in the PDF file as a Base64-encoded data stream. No transfer to third parties takes place.
(6) Deletion and revocation: The Customer can completely remove their branding data at any time under Profile → Disable branding and delete data. The logo file is immediately and irrevocably deleted from the server. Upon account deletion pursuant to Art. 17 GDPR, all branding data is automatically removed.
(7) Credit costs: Each branded PDF export consumes Credits according to the price list valid at the time of export. Already consumed Credits for generated PDFs will not be refunded, as the service (file generation) has been fully rendered.
(8) Quality and display: The Provider assumes no warranty for the visual quality of the logo in the PDF, which depends on the original quality of the uploaded file. It is recommended to upload logos in high resolution (at least 300 dpi) in PNG format.
(9) Distribution to third parties and disclaimer: If the Customer distributes branded PDF reports or other analysis results generated via the Platform to their own clients, principals, or other third parties, this is done exclusively in the Customer's name and on their own responsibility. The Provider is not a party to the contractual relationship between the Customer and their end clients and does not become a contracting party of such third parties. In particular:
(1) The Provider is liable without limitation for damages caused by intentional or grossly negligent conduct of the Provider, its legal representatives, or vicarious agents, as well as for damages arising from injury to life, body, or health.
(2) For slightly negligent breaches of material contractual obligations (cardinal obligations), the Provider is liable, but limited to the foreseeable and contract-typical damage at the time of contract conclusion.
(3) Liability cap: The Provider's maximum liability for all damages arising from slight negligence is limited per claim and per calendar year to the amount of the fees actually paid by the Customer in the preceding twelve (12) months before the damage-causing event. If no fees were paid during this period (e.g., when exclusively using free features), liability for slight negligence is excluded to the extent permitted by law.
(4) Otherwise, the Provider's liability for slight negligence is excluded. In particular, the Provider is not liable for:
(5) The above limitations of liability do not apply insofar as the Provider has fraudulently concealed a defect or has assumed a guarantee for the quality of the service.
(6) Insofar as the Provider's liability is excluded or limited, this also applies to the personal liability of the Provider's employees, workers, representatives, and vicarious agents.
(1) The Provider is not liable for the non-performance or delayed performance of obligations insofar as these are due to circumstances beyond the Provider's reasonable control. Such circumstances include in particular:
(2) In cases of force majeure, the Provider will inform the Customer without delay and take reasonable measures to mitigate damage. As long as the impediment persists, the affected performance obligations of the Provider are suspended.
(1) Consumers are generally entitled to a statutory right of withdrawal pursuant to §§ 355 et seq. BGB (German Civil Code). The following provides information about this right of withdrawal:
Cancellation Policy
Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of contract conclusion.
To exercise your right of withdrawal, you must inform us -- Knut Nickol, Anne-Frank-Str. 7, 64807 Dieburg, Germany, email: kontakt@rankmio.de -- by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract.
(2) The right of withdrawal expires prematurely if the Provider has begun the execution of the service and the consumer expressly agreed, before the beginning of the execution, that the Provider may begin the execution of the service before the expiry of the withdrawal period, and confirmed their acknowledgment that they lose their right of withdrawal upon complete performance of the contract by giving such consent.
(1) The protection of personal data is an important concern for the Provider. All information on the collection, processing, and use of personal data can be found in the Provider's Privacy Policy, available at rankmio.com/privacy.
(2) Through the use of the Platform and in particular through the connection with Google services via OAuth/API, personal data is processed. The Customer consents to this data processing as part of the contract conclusion.
(3) The privacy policies of Google (policies.google.com) apply additionally to the use of the Google APIs. The Provider has concluded data processing agreements pursuant to Art. 28 GDPR with the relevant third-party providers.
(1) All rights to the Platform, in particular copyrights, trademark rights, and other proprietary rights, belong exclusively to the Provider or its licensors.
(2) The Customer may use and store the analysis results and reports displayed via the Platform for their own internal purposes. Commercial redistribution, resale, or use for creating competing products is prohibited.
(3) The Customer is not obligated to submit ideas, suggestions, comments, improvement proposals, or other feedback regarding the Platform to the Provider. If the Customer decides to submit feedback, they agree that such feedback is considered non-confidential and that the Provider acquires all rights to this feedback. The Provider is entitled to use feedback without compensation or attribution to the Customer for the further development of the Platform or other purposes.
(1) The right of use arises upon payment of the one-time fee and, unless a different term is defined in the specific offer, exists permanently for the service purchased.
(2) The Provider is entitled to discontinue the operation of the Platform with a notice period of 30 days. In this case, the Provider will refund the fee on a pro-rata basis if a time-limited usage was agreed. For one-time payments without time limitation, no refund claim exists.
(3) The right to extraordinary termination for cause remains unaffected. Important reasons for extraordinary termination by the Provider include in particular serious or repeated violations of these Terms by the Customer.
(4) The Provider is entitled to temporarily suspend access to the Platform (suspension) without fully terminating the usage relationship if:
(5) The Provider will, where possible, notify the Customer before a suspension. In the event of a suspension, the Customer has the opportunity to back up their stored data within 30 days. After the reason for the suspension has been resolved, access will be restored within a reasonable time.
(6) Inactive accounts: Accounts that have not been used for an extended period may be deactivated and subsequently deleted by the Provider. The periods are:
The Provider will inform the Customer before deactivation by email to the registered address. Accounts with remaining credit balance will not be automatically deactivated.
(7) Retention periods for analysis data: Analysis results, crawl data, GEO audits, competitor analyses, answer simulations, and content optimizations are stored for a period of 90 days and then automatically deleted. Chat histories, website content (page content), and PDF exports are retained for 180 days. IP addresses in usage logs are anonymized after 30 days. The Customer may back up their data at any time before the expiry of these periods via the data export feature (Art. 20 GDPR).
(1) The Provider reserves the right to amend these Terms at any time with effect for the future. The Customer will be informed of changes by email or by a prominent notice on the Platform.
(2) If the Customer does not object to the changes within 30 days of notification and continues to use the Platform, the amended Terms are deemed accepted. The Provider will expressly draw attention to this right to object and the legal consequences of silence in the amendment notice.
(3) In the event of a timely objection, the Provider is entitled to continue the usage relationship under the previously applicable terms or to terminate it.
(1) Both parties undertake to treat all confidential information of the other party that becomes known to them in the course of using the Platform as confidential and not to disclose it to third parties without the prior written consent of the other party.
(2) Information is considered confidential in particular if it is marked as "confidential" or if, by its nature or the context of its disclosure, it must reasonably be regarded as confidential.
(3) The confidentiality obligation does not apply to information that is or becomes publicly known without this being attributable to a breach of this obligation, that was already known to the receiving party prior to disclosure, or that must be disclosed due to legal obligations.
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). With respect to consumers, this choice of law applies only insofar as it does not restrict mandatory consumer protection provisions of the state in which the consumer has their habitual residence.
(2) The place of jurisdiction for all disputes arising from this contract, insofar as the Customer is a merchant (Kaufmann) within the meaning of § 14 BGB (German Civil Code), a legal entity under public law, or a special fund under public law, is the registered office of the Provider. For consumers, the general statutory place of jurisdiction applies.
(3) The European Commission provides a platform for online dispute resolution at ec.europa.eu/consumers/odr/. The Provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board, unless otherwise required by law.
(4) Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The statutory provision shall apply in place of the invalid provision.
(5) No oral side agreements exist. Amendments and additions to this contract require written form. This also applies to the waiver of the written form requirement itself.
(6) No waiver by the Provider of the enforcement of any right or provision of these Terms in an individual case constitutes a general waiver of such right or provision.
(7) These Terms of Service are a translation of the original German version (Allgemeine Geschäftsbedingungen). In the event of any discrepancy or ambiguity between the English and German versions, the German version shall prevail.