Terms of Service

1. Acceptance of Terms

By accessing or using the services provided by Pausemark AG ("Pausemark," "we," "us," or "our"), headquartered in Zurich, Switzerland, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not use our services.

2. Description of Services

Pausemark provides an AI-powered platform for automated search engine optimization (SEO) and generative engine optimization (GEO) monitoring and optimization. Our services include performance monitoring across search engines and AI platforms, automated optimization tasks, and related analytics and reporting tools.

3. Account Registration

To use our services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use.

4. Acceptable Use

You agree not to:

• Use the services for any unlawful purpose or in violation of any applicable laws or regulations
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the services
• Reverse engineer, decompile, or disassemble any part of the services
• Use the services to transmit malicious code or conduct automated scraping beyond authorized use
• Resell or redistribute the services without our prior written consent

5. Intellectual Property

All content, features, and functionality of our services, including but not limited to text, graphics, logos, software, and algorithms, are owned by Pausemark AG and are protected by Swiss and international intellectual property laws. You retain ownership of any data you provide to us through the services.

6. Data and Privacy

Your use of our services is also governed by our Privacy Policy. By using our services, you consent to the collection and use of your data as described in our Privacy Policy. We process customer data in accordance with our Data Processing Agreement (DPA) where applicable.

7. Fees and Payment

Certain services may require payment of fees. All fees are stated in Swiss Francs (CHF) unless otherwise specified. Fees are non-refundable unless otherwise stated in your subscription agreement. We reserve the right to modify pricing with 30 days' prior notice.

8. Service Availability

We strive to maintain high availability of our services but do not guarantee uninterrupted access. We may temporarily suspend services for maintenance, updates, or circumstances beyond our control. We will provide reasonable notice of planned downtime where possible.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Pausemark AG shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly. Our total aggregate liability for any claims arising from or related to these Terms shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

10. Disclaimer of Warranties

Our services are provided "as is" and "as available" without any warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Termination

Either party may terminate these Terms at any time. We may suspend or terminate your access to the services immediately if you breach these Terms. Upon termination, your right to use the services ceases. We will provide you with the ability to export your data for 30 days following termination.

12. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Switzerland. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Zurich, Switzerland.

13. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Continued use of our services after changes take effect constitutes acceptance of the revised Terms.