Terms and Conditions

As of: 29 September 2026. English translation; the German version is authoritative.

1. Scope

(1) These terms apply to all contracts between Klartakt Limited, Office 2, 12A Lower Main Street, Lucan, Dublin, K78 X5P8, Ireland, registered with the Companies Registration Office under number 819003 (hereinafter “Klartakt”), and its customers for consulting, measurement, the creation and installation of content, websites and ongoing support.

(2) Klartakt works exclusively with entrepreneurs within the meaning of section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Klartakt does not enter into contracts with consumers. By placing an order, the customer confirms that it obtains the service for its commercial or independent professional activity.

(3) The customer’s general terms and conditions do not apply, even if Klartakt does not expressly object to them or performs in knowledge of them.

(4) Anything expressly agreed in the quotation takes precedence over these terms.

2. Quotation and conclusion of contract

(1) For every service, Klartakt prepares a quotation in text form stating the scope of services, prices and a validity date. Klartakt is bound by the quotation until the date stated in it; if no date is stated, for 30 days from dispatch.

(2) The contract is concluded when the customer accepts the quotation within the validity period in text form, for example by email or by returning it signed. If the customer accepts late or with changes, the contract is only concluded upon confirmation by Klartakt.

(3) The quotation determines the scope of services. Descriptions on the website are not offers; they provide an overview.

3. Free audit

(1) The AI visibility audit is free of charge and without obligation. It is prepared after an introductory call has been booked and is shown on screen during that call. It comprises a measurement in which ten questions in the business’s own wording are put to several answer systems, and a review of the website.

(2) The audit creates no obligation to place an order. The written report containing every answer verbatim is part of the implementation, not of the audit.

(3) For the audit, Klartakt is liable only for intent and gross negligence and for injury to life, body or health.

4. Services

(1) The type and scope of the service are set out in the quotation. Typical services are:

• Content to hand on: Klartakt creates the content ready for use, with handover documentation for the customer’s service provider, a handover call, a re-measurement after six weeks and the written report. The customer or its service provider carries out the installation.
• Implementation by Klartakt: Klartakt creates the content, installs it on the existing website and checks it, with a handover call, a re-measurement after six weeks and the written report.
• Redesign of a website within the scope of the quotation.
• Ongoing support under clause 9.
• Individual services billed by time at the hourly rate stated in the quotation.

(2) Implementations cover the number of pages stated in the quotation. Klartakt works on and charges for further pages only by separate agreement.

(3) Klartakt performs its services with professional care in accordance with the state of the art at the time of performance. Klartakt does not owe any economic success, such as more enquiries or revenue, a particular ranking in search engines or being named in answers from AI systems, unless a result commitment under clause 6 has been expressly agreed.

(4) Answer systems such as AI assistants and search engines with AI answers are third-party services. Klartakt has no influence over which sources they select or how they answer. Answers to the same question can differ from day to day. A measurement therefore shows the situation at the time it is taken.

(5) Klartakt may use tools, including AI-based tools, and subcontractors, and remains responsible for their work. In doing so, Klartakt passes on personal data only in accordance with clause 13.

(6) Klartakt does not provide legal or tax advice. The customer is responsible for mandatory legal information on its website, such as the legal notice and the privacy policy.

5. Customer cooperation

(1) The customer provides the necessary information, documents and approvals in good time and names a contact person who can make binding decisions.

(2) For an installation, the customer gives Klartakt the necessary access, for example to the content management system, the hosting, the domain management and Google Search Console. Before the installation, the customer ensures that an up-to-date backup of its website exists, unless it has been agreed that Klartakt will take care of the backup.

(3) Information about the business, such as address, services, service area, qualifications and references, is based on the customer’s information. The customer checks the content for accuracy before publication. By approving it, the customer takes responsibility for the statements of fact about its business contained in it.

(4) If the customer provides material, such as texts, photos or logos, it warrants that it holds the rights for the intended use. It indemnifies Klartakt against third-party claims arising from an infringement of those rights.

(5) If performance is delayed because cooperation is lacking, agreed dates are postponed by a reasonable period. If this causes additional work, Klartakt may charge for it at the agreed hourly rate after giving prior notice.

6. Result commitment

(1) A result commitment applies only if the quotation expressly contains it, and only if Klartakt installs the content itself. There is no result commitment for content to hand on, for the later installation of existing content or for services for agencies.

(2) The commitment is: at the re-measurement, the business is named in at least 24 of 40 answers. The 40 answers result from the ten questions defined in the audit, put in identical wording to the four answer systems named in the audit.

(3) The re-measurement takes place six weeks after the installation has been completed. Klartakt documents every answer verbatim and makes the result available to the customer.

(4) If the business is named in fewer than 24 answers, Klartakt makes improvements without further charge and measures again six weeks later, until the threshold is reached, but for no longer than six months after the installation has been completed.

(5) The commitment lapses if, after the installation and without consulting Klartakt, the installed content, the business data, the domain or the page structure are changed, if the website is blocked for search engines or AI services or is unavailable for a longer period, or if the customer fails to provide cooperation required for the improvements.

(6) If one of the answer systems is discontinued or fundamentally changed, Klartakt replaces it with a comparable system after consulting the customer. If that is not possible, the threshold applies proportionately to the remaining systems, that is 18 of 30 answers with three systems.

(7) The result commitment is not a guarantee within the meaning of sections 276 and 443 BGB. Its legal consequences are governed exclusively by this clause. Claims under clause 14 paragraph 1 remain unaffected.

7. Correction rounds and acceptance

(1) For website services and installations, the correction rounds stated in the quotation are included; if none are stated, two. A correction round is feedback collected by the named contact person and given in a single pass. Klartakt charges for further rounds as set out in the quotation; if no price is stated there, by time.

(2) The customer accepts work results, such as a website or installed content. Klartakt gives notice of completion. The customer checks within 14 days and declares acceptance or names material defects. If the customer does not respond within this period, the work is deemed accepted; Klartakt points this out in the notice of completion. Immaterial defects do not entitle the customer to refuse acceptance.

8. Defects

(1) In the event of defects, Klartakt, at its option, remedies the defect or performs the service again. If subsequent performance fails twice, the customer may reduce the fee or, in the case of significant defects, withdraw from the contract. Klartakt owes damages only in accordance with clause 14.

(2) Claims for defects become time-barred twelve months after acceptance. This does not apply in cases of intent, gross negligence, fraudulent concealment of a defect or injury to life, body or health.

9. Ongoing support

(1) Contracts for ongoing support begin on the first day of a month and run for no more than twelve months. They then end without the need for notice of termination. The parties agree any continuation anew.

(2) Either party may terminate with one month’s notice to the end of a month in text form. The right to terminate for good cause remains unaffected.

(3) The fee is invoiced monthly in advance.

10. Prices and payment

(1) The prices in the quotation apply. They are net prices, plus VAT where applicable. VAT is determined by the applicable law; for customers established in an EU member state other than Ireland, the customer generally owes the tax (reverse charge). For this purpose, the customer provides Klartakt with its VAT identification number and informs Klartakt of any changes.

(2) Invoices are payable without deduction within seven days of the invoice date. Klartakt issues invoices electronically.

(3) For projects, the payment schedule in the quotation applies. If the quotation provides for an advance payment, it is invoiced upon acceptance of the quotation, and the remainder after completion. Without a payment schedule, Klartakt invoices upon acceptance of the quotation; implementation begins once payment has been received.

(4) The customer may only set off claims that are undisputed or have been finally established by a court.

(5) If the customer is in default of payment, Klartakt may, after giving notice, withhold further services until payment has been received.

11. Rights of use

(1) Upon full payment, the customer receives the right, unlimited in time and territory, to use the work results created for it for its business, to edit them and to have them installed by service providers. Until then, use is permitted on a revocable basis.

(2) Methods, measurement procedures, templates, tools and general expertise remain with Klartakt and may continue to be used, including for other customers. Klartakt does not pass customer-specific content on to third parties, except to tools and subcontractors under clause 4 paragraph 5 and to the extent the service requires it, for example for the measurement.

(3) Third-party material, such as fonts, images or software components, is subject to its licence terms. Klartakt names such material on request.

(4) Content created with the help of AI tools may, under applicable law, be wholly or partly without copyright protection. Klartakt does not warrant that the work results are protected by copyright. The right of use under paragraph 1 remains unaffected.

12. Confidentiality and references

(1) Both parties treat confidential information of the other party as confidential, also after the end of the contract. This does not apply to information that is publicly known or that a party must disclose under a statutory obligation.

(2) Klartakt names the customer as a reference only with the customer’s consent in text form.

13. Data protection

(1) How Klartakt processes personal data is set out in the privacy policy at klartakt.ie/datenschutz/.

(2) If Klartakt processes personal data on behalf of the customer, such as enquiries from a contact form or customer data in the content management system, the parties conclude a data processing agreement under Article 28 GDPR before this processing begins.

14. Liability

(1) Klartakt is liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.

(2) In cases of simple negligence, Klartakt is liable only for the breach of essential contractual obligations. These are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. Liability is then limited to the damage typical for the contract and foreseeable at the time the contract was concluded, and at most to the net fee of the contract concerned, or for ongoing support to the net fees of the last twelve months.

(3) Klartakt is not liable for decisions and outages of third-party services over which Klartakt has no influence, such as search engines, AI systems or the customer’s hosting provider, nor for the consequences of changes made by the customer or third parties without consultation. Paragraph 1 remains unaffected.

(4) Klartakt is liable for the loss of data only to the extent that the damage would also have occurred if the customer had backed up its data properly.

(5) These rules also apply to the personal liability of Klartakt’s employees, representatives and vicarious agents.

15. Changes to these terms

(1) A concluded contract is governed by the terms in the version valid when it was concluded.

(2) For ongoing support, Klartakt may change the terms with effect for the future, provided this is reasonable for the customer. Klartakt announces changes in text form at least four weeks in advance. If the customer does not object before they take effect, the changes are deemed accepted; Klartakt points this out in the announcement. If the customer objects, either party may terminate the contract with effect from the date the change takes effect.

16. Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The exclusive place of jurisdiction for all disputes arising out of or in connection with the contract is Dublin, Ireland. Klartakt may also sue the customer at its general place of jurisdiction.

(3) Declarations relating to the contract, including notices of termination, must be made in text form; an email to [email protected] is sufficient.

(4) Should any provision be invalid, the remainder of the contract remains valid.

(5) These terms are an English translation of the German terms. The German version is authoritative.