Product terms
Product Terms and Conditions AI Visibility - Cogundi Product-specific supplement to Cogundi’s general terms and conditions. Version 1.1 | date 20-10-2026
- Definitions 1.1. The definitions in Article 1 of Cogundi’s general terms and conditions also apply to these product terms. The following additional definitions apply. 1.2. Cogundi index: the services concerning Cogundi’s public business index, including independently compiled Draft business profiles, AI visibility measurements and the separately offered paid Addition Service. 1.3. Website Scan: automated consultation and analysis of lawfully available, publicly accessible business information on a business website. Cogundi may perform a Website Scan independently without a prior request from the business concerned. 1.4. Draft business profile: the preliminary, publicly accessible profile of a business compiled by Cogundi from public sources. It may contain business information, source references, measurement results and indications of potentially missing or unclear information. Publication does not mean the business has checked or approved the profile. 1.5. Business profile: the non-public working version in which Cogundi processes available business information and additions supplied by the Customer, submitted in full to the Customer for checking and approval before publication. 1.6. Final business profile: the identified version of the Business profile expressly approved by the Customer and for which it has issued a valid Publication Instruction, including subsequent changes approved under these product terms. 1.7. Profile: the umbrella term for a Draft business profile, Business profile or Final business profile, depending on the stage concerned. 1.8. Index or Database: the public collection managed by Cogundi of Draft business profiles and Final business profiles, with the business-focused information and measurement results displayed with them. 1.9. Publication Instruction: the Customer’s separate, express digital or other Written instruction to publish publicly a fully displayed and identified version of the Business profile as a Final business profile. 1.10. Addition Service: the service paid for once for one business or one expressly agreed Profile, consisting of access to addition functionality, processing suitable information, checking and correction before first approval, agreed publication and twelve Monthly Updates. 1.11. Questionnaire: the digital facility through which the Customer can answer questions directly, add business information and correct answers. 1.12. AI assistant: the automated application asking questions by text or telephone to collect business information. This information collection is not an advisory call. 1.13. Visibility Measurement: the test performed by Cogundi whereby selected questions are put to selected external AI systems and the answers received are assessed according to Cogundi’s methodology. 1.14. AI score: the representation, calculated according to Cogundi’s methodology, of how often and how highly a business is mentioned in the answers examined. 1.15. Monthly Update: sw new AI score and associated measurement information displayed on the profile once a month during the agreed period.
- Visibility Measurements and AI score 2.1. A Visibility Measurement reflects the mentions and positions observed by Cogundi in answers from the AI systems examined to selected questions within the stated question context and measurement period. 2.2. The AI score weights, according to Cogundi’s methodology, how often and how highly the business is mentioned. The measurement information discloses the essential assumptions, including the AI systems examined, industry and location context and measurement period. 2.3. A score or position concerns only the answers examined and businesses involved. A displayed top five or other ranking is not a general market position, quality assessment, certification or statement that the business is better than other businesses. 2.4. AI answers may differ because of wording, language, location, time, account, personalisation, model version and technical settings, among other things. Repeating the same question need not produce the same answer. The measurement does not cover all possible user questions, businesses or AI systems. 2.5. A low score or absent mention does not mean the business is invisible in other circumstances. An indication of missing information means Cogundi did not find that information sufficiently clearly within the sources consulted and methodology applied. 2.6. Payment does not entitle the Customer to a higher score, more favourable ranking or recommendation. Cogundi does not adjust its measurement methodology in the Customer’s favour solely because of payment. 2.7. Cogundi may adjust its methodology and the systems examined because of technical developments, changed availability or measurement improvements. Material changes are explained in the measurement information. Measurement outcomes may consequently not always be directly comparable. 2.8. A next measurement month stated on the public website is a target schedule. This does not affect the agreed monthly performance under Article 14. 2.9. Cogundi remedies errors attributable to it in calculating or processing measurement results within a reasonable period. A different answer in the Customer’s own test does not in itself prove that an earlier measurement was incorrectly performed.
- Applicability and exclusively business use 3.1. These product terms apply to the paid Addition Service and associated activities insofar as their applicability has been agreed. The description of independently published Draft business profiles does not bind a business that has not concluded an Agreement solely through inclusion in the Index. 3.2. Cogundi index is intended exclusively for Customers acting in the course of a profession or business. Before ordering, the person placing the order actively confirms that they act in a business capacity, are authorised to represent the business concerned and are not ordering as a consumer. 3.3. To access Profile addition and management, the Customer uses a verified business email address with the same domain as the business website belonging to the business. The user declares authority to represent the business. Domain verification confirms access to the email address but is not conclusive evidence of authority to represent the business. Cogundi may request additional necessary and proportionate evidence and refuse or suspend access or performance in the event of justified doubt. A declaration does not automatically make an unauthorised representative personally a contracting party. 3.4. The Addition Service is intended exclusively for business purchases. Cogundi grants the contractual refund option in Article 23. This does not acknowledge a statutory consumer withdrawal right. Non-excludable rights arising from actual circumstances or applicable law remain.
- Relationship with the general terms and privacy statement 4.1. In the event of a specific conflict, the following order of precedence applies solely to the subject concerned and Cogundi index: (1) a deviation expressly agreed in Writing for the order concerned; (2) the specific Offer and Cogundi index product specification; (3) these product terms; (4) Cogundi’s general terms and conditions; (5) the privacy statement, solely as information on processing personal data. 4.2. These product terms prevail over the general terms only insofar as a specific product-specific conflict exists. For all other subjects, the general terms remain fully applicable. A subsequent expressly agreed amendment prevails over the arrangement it replaces. 4.3. The privacy statement is not an independent source of publication rights, general consent or a restriction of statutory privacy rights. The order of precedence does not affect the GDPR, other mandatory legislation or precedence of an applicable data processing agreement under Article 2.7 of the general terms. 4.4. Before ordering, the general terms and these product terms are available for storage and subsequent consultation. The privacy statement is accessible with public Profiles and before registration, payment and relevant data collection. Where the law requires additional or individual information, Cogundi provides it separately. The order confirmation includes the applicable contractual versions under the general terms.
- Product description Cogundi index 5.1. For one business or one expressly agreed Profile, the Addition Service includes: access to the full available Questionnaire and offered main topics, direct entry of business information, a choice between AI chat and an AI telephone call under Article 9, processing suitable information into a Business profile, checking and correction before first approval, publication following a valid Publication Instruction and twelve Monthly Updates under Article 14. 5.2. The services help the Customer clarify available business information and expand it with information that may, according to Cogundi’s methodology, be relevant to potential customers’ questions and processing by AI systems. Indications of missing, unclear or complete information are based on the sources consulted and methodology applied. They do not guarantee that all relevant information has been found or that indicated information is missing elsewhere. 5.3. The order concerns one business or one expressly agreed Business profile. Cogundi index is tailored to the Customer’s specific business information needs and business characteristics. The services do not aim to collect or publicly publish personal contact details or private data. Business information traceable to a natural person may be included and published only within the limits of Article 20.2. 5.4. The Addition Service is not a subscription and is not automatically renewed. Except for the expressly included monthly measurements and email updates, it does not include ongoing monitoring, periodic maintenance or continuous updating of business information. Marketing advice, SEO activities, legal, financial, tax or strategic advice, website modifications, implementation at the Customer and registration or submission with external AI providers are not included. 5.5. Agreed publication, availability and Monthly Updates are governed by Article 14. These performances are expressly included for this product in deviation from the standard exclusions in Article 4.6(a) and (b) of the general terms. Hosting the Customer’s website is not included. 5.6. The manner of performance and external effects are subject to a reasonable-efforts obligation, not an obligation to achieve a result. This does not remove the obligation properly to perform and deliver the specifically agreed Digital output.
- The initial Website Scan 6.1. Cogundi may independently collect and analyse business information from lawfully available public sources and process it into a public Draft business profile. Business websites, public trade registers and comparable foreign sources may be consulted, subject to applicable legislation, source terms and Third-party rights. 6.2. The Draft business profile may exist before the business contacts Cogundi, registers or orders. Inclusion does not mean the business is a Customer, has approved the Profile or cooperates with Cogundi. Cogundi makes its preliminary nature and absence of business approval recognisable. 6.3. Visitors may view available public business information, measurement results and a limited selection of proposed questions. A paywall may appear when opening further questions or using addition functionality. The Offer shown before ordering determines the access obtained after payment. 6.4. Viewing a Profile, opening sample questions or appearance of a paywall does not create a payment obligation. A paid Agreement is formed only under Article 7. A separate deeper scan on request is not included unless expressly offered separately. 6.5. A Website Scan does not include accessing restricted environments, circumventing security or modifying the business website. Public availability does not replace necessary rights, licences or a legal basis for personal data. 6.6. Cogundi may refuse or terminate independent inclusion or further processing for insufficient information or legal, technical, security or quality concerns. This does not restrict already agreed paid performance without the applicable settlement. 6.7. The business concerned may request correction or removal without purchase. Removal and exclusion from new scans are handled under Article 15. Statutory rights of the natural persons concerned also remain.
- Formation of the paid Agreement 7.1. Supplementing Article 3.4 of the general terms, the paid Agreement is formed when the Customer definitively places the order, actively accepts the applicable general and product terms and payment has been successfully completed. The privacy statement is made available for information before ordering; acknowledgement is not general consent to data processing. The ordering process displays the price, included performance and essential restrictions before payment. 7.2. Before the final order, the Customer can correct input errors and sees the Offer, price and essential restrictions. A request, scan result, payment attempt or acknowledgement without successful payment does not constitute a paid Agreement. 7.3. Cogundi confirms the Agreement electronically. After successful payment and required verification, it makes the agreed addition functionality available. The Customer agrees to immediate commencement. Commencement does not end the refund option under Article 23. Further preparation and publication depend on information, checking and express Customer approval. 7.4. The order cannot be transferred to another business or Customer without Cogundi’s prior Written consent. Statutory rules on succession and transfer remain applicable. This does not restrict the Customer’s own right to use delivered Digital output under the general terms beyond the limits stated therein.
- Price and payment 8.1. Payment is made once in advance. No subscription, automatic renewal or periodic payment obligation arises. 8.2. The stated product prices are disclosed on the website during the offer, excluding VAT insofar as Cogundi lawfully charges VAT. Where VAT must be reverse-charged, the ordering process states this and the applicable final amount before ordering. This provision does not require VAT to be charged incorrectly. 8.3. Prices may differ by country. The current price and tax treatment clearly displayed before the final order are decisive, subject to obvious errors under the general terms. A later price change does not alter an existing order. 8.4. The price includes the initial addition and approval process and twelve Monthly Updates. Substantive additions or new preparation after first approval are not automatically included and may require a new paid order under Article 16. No additional charges arise without prior agreement to scope and price.
- Performance of Cogundi index 9.1. After payment, the Customer may use the full available Questionnaire and provide additional business information. AI may generate follow-up questions based on available information and previous answers. No predetermined maximum number of questions applies. This does not guarantee an infinite number of unique or relevant questions. Within the Offer, Cogundi determines which information is suitable for the Business profile. 9.2. The Customer may enter information directly through the Questionnaire and additionally choose AI chat or an AI telephone call. The order does not include both interactive conversation routes. Switching is possible until the chosen route has actually started. The chat route starts with the Customer’s first substantive message; the telephone route starts when the call with the AI assistant is actually connected. Merely opening a screen or an unsuccessful connection attempt does not constitute a substantive start. After the start, there is no entitlement to the other interactive route, except for remedy or a separate arrangement. The Questionnaire remains available for additions and corrections until approval. The intended telephone call duration is approximately fifteen to twenty minutes. This is not a guaranteed duration or commitment to cover all topics by telephone. In the event of technical failure, Cogundi offers the Questionnaire as an alternative addition option, without prejudice to applicable remedy obligations. 9.3. Cogundi need not include information solely because the Customer provides it. Cogundi may edit, summarise, structure, combine or omit information provided its business meaning is not misleadingly changed and the agreed performance is not undermined. 9.4. Until first express approval, the Customer may add to and correct the Business profile within the original assignment without a fixed completion deadline or predetermined maximum number of chat messages or correction rounds. This concerns digital functionality for the ordered business and does not confer a right to unlimited personal guidance, manual editing, repeated telephone calls or activities for other businesses. Access remains subject to valid amendments, security measures and termination under these terms. 9.5. Access to addition functionality is delivered once it has actually been made accessible and the Customer has been notified. Approval ends the included initial addition and correction process and voluntary refund option under Article 23. Agreed publication remains due thereafter. Initial profile activities are completed once the Final business profile has actually been published and the Customer notified. Remaining Monthly Updates and availability are not thereby terminated. 9.6. Use without a predetermined numerical maximum is permitted only for the Customer’s own ordered business. Automated bulk requests, artificially generated load, circumventing security, account sharing with other businesses and other manifestly improper use are prohibited. Cogundi may take proportionate technical measures but does not use this power to subject normal agreed use to hidden numerical limits.
- AI chat and AI assistant 10.1. At the start, Cogundi makes clear that the Customer is communicating with AI. Questions may be generated automatically. Questions, transcripts, summaries and Draft profile and Business profile may contain errors, omissions or incorrect connections. 10.2. The substantive restrictions below apply to all addition routes, including answers entered directly in the Questionnaire. Through substantive chat or the call, the Customer provides only business information suitable for public publication within Article 20.2. It does not provide personal contact details, private data, special categories of personal data or personal data relating to criminal convictions and offences, confidential information, trade secrets, login credentials or security information. Necessary contact, account, order and invoicing details are supplied only through designated channels. Processing of speech, transcripts and technical call data is governed by Article 11 and the privacy statement. 10.3. Answers, additions, chat content, transcripts and generated texts for the Business profile are not publicly published solely through entry or processing. The Customer checks the complete version to be published under Articles 12 and 13. The existing Draft business profile may meanwhile remain public. Cogundi retains its own agreed quality control. 10.4. AI statements during information collection are not independent advice, commitments concerning results or amendments to the Offer. Specific commitments validly made by Cogundi remain unaffected.
- Transcription, answers and quality control 11.1. Before an AI telephone call, Cogundi informs the actual participant of the AI nature, transcription, summarisation, purposes, retention periods and privacy statement. Transcription starts only after the participant’s separate demonstrable consent. At the start, the AI assistant repeats that the call is being transcribed. No audio recording is made or retained; speech is processed during the call for interaction and conversion to text. Without consent, the Customer may use the Questionnaire. 11.2. Transcripts, summaries, chat messages and directly entered answers are used to record business information and compile the Business profile. Customer service, specific complaints and limited quality control are subject to the separate purposes and legal bases in the privacy statement. Where possible, Cogundi uses genuinely anonymised information for general quality improvement. The information is not used for AI model training. 11.3. Cogundi retains the full transcript according to the retention period and criteria in the privacy statement. Earlier erasure takes place where further retention is no longer necessary or lawful. Longer retention is permitted only insofar as a specific valid legal basis exists, for example a statutory retention obligation or necessary handling of a specific dispute. 11.4. If the Business profile is not approved or the assignment ends early, the retention periods and criteria described for that situation in the privacy statement apply. Failure to approve or termination of the assignment does not justify unlimited transcript retention. 11.5. The participant may withdraw consent to transcription and summarisation at any time via info@cogundi.com and ask during the call for transcription to stop. Withdrawal does not affect earlier lawful processing. Cogundi stops processing based on withdrawn consent and erases the personal data concerned unless another, previously distinguished and actually applicable legal basis justifies limited further retention. Cogundi does not switch to another legal basis solely because of withdrawal to continue the same processing. The Questionnaire remains available as an alternative. 11.6. Cogundi may refuse or end a call for misuse, unsuitable content, technical problems or security risks. Further information on purposes, legal bases, recipients, security, international transfers and privacy rights is provided in the privacy statement. These product terms do not replace that information.
- Business profile and Customer checking 12.1. Cogundi processes suitable information from the Draft business profile and additions supplied by the Customer into a non-public Business profile. The complete version to be published is shown to the Customer before approval. The public Draft business profile may remain visible during preparation and is not approved solely through Customer registration or payment. 12.2. The Customer carefully checks the entire Business profile for accuracy, completeness, currency, lawfulness, non-misleading presentation and substantiation of commercial claims. Checking also covers authority to use and publish trademarks, trade names, texts and other materials. The Customer checks that the Business profile contains no personal contact details, private data, special categories of personal data or personal data relating to criminal convictions and offences, confidential information, trade secrets or infringements of Third-party rights. Business information traceable to a natural person is subject to Article 20.2. The Customer reports necessary corrections before approval. 12.3. The Customer reports necessary corrections before approval. Without express approval and a valid Publication Instruction, additions and the Business profile working version are not publicly published. Silence, payment, answering questions, participation in a call or expiry of a period does not constitute approval. This does not prevent the existing Draft business profile from remaining public. 12.4. Cogundi may in principle rely on the Customer’s express approval and declarations. Cogundi need not independently investigate facts, rights, evidence, permits, certificates or commercial claims unless agreed or required by its duties of care. Approval does not legitimise obvious errors or clear unlawfulness. 12.5. Approval concerns parts the Customer can reasonably check. It does not release Cogundi from its own agreed quality control, hidden Defects, errors exclusively within its expertise or non-excludable statutory responsibilities.
- Customer declarations, warranties and Publication Instruction 13.1. Upon digital approval of the Business profile, the Customer expressly declares and warrants the following. 13.1.1. The Customer acts in the course of a profession or business and not as a consumer. 13.1.2. The acting person is authorised to represent the business and issue the Publication Instruction. 13.1.3. The Customer has carefully checked the entire Business profile, including information adopted, generated, summarised or edited by Cogundi. 13.1.4. To the best of its knowledge following this careful check, the information is accurate, complete enough for a non-misleading Profile, current and not misleading. This qualification does not restrict responsibility for its own Customer information under the general terms. 13.1.5. Commercial claims can be substantiated with sufficiently current and relevant data. The Customer provides that substantiation upon reasonable request. 13.1.6. The Business profile contains no personal contact details or private data. For a sole proprietorship, the trade name, website address and other business details may nevertheless constitute the proprietor’s personal data. Cogundi processes and publishes such data only insofar as necessary for the purpose of the Business profile and supported by a valid legal basis under Article 6 GDPR, as further described in the privacy statement. Approval of the Business profile constitutes the Publication Instruction for the displayed version. This Publication Instruction does not constitute GDPR consent on behalf of other persons or remove Cogundi’s own statutory obligations. 13.1.7. The Profile contains no special categories of personal data or personal data relating to criminal convictions and offences. 13.1.8. The Profile contains no confidential information, trade secrets, login credentials or security information. 13.1.9. The Customer has all necessary rights, licences, consents and powers for disclosure, editing and publication under these terms. 13.1.10. The information infringes no copyrights, trademark rights, trade name rights, database rights, portrait rights or other Third-party rights. 13.1.11. The content is not unlawful, fraudulent, discriminatory, threatening, insulting or misleading. 13.1.12. The Customer expressly instructs and contractually permits Cogundi to publish the approved Profile publicly in the Database and exercise the rights of use described in Article 19 for that purpose. 13.1.13. The Customer understands and accepts that search engines, AI systems and other Third parties may index, copy, process and reuse public information insofar as lawful. This does not grant Third parties rights the Customer or Cogundi cannot grant. 13.1.14. The Customer acknowledges that Cogundi has no control over independent processing, interpretation and display by external AI systems. 13.1.15. The Customer understands that removal from the Database does not guarantee disappearance of earlier copies, caches, indexing or other processing by Third parties. 13.1.16. The Customer immediately informs Cogundi once it knows or should reasonably understand that published information is incorrect, outdated, misleading or unlawful. 13.2. These declarations constitute essential premises for publication. Cogundi may record the approved version, date, method of agreement and necessary verification data for lawful evidence. 13.3. The Publication Instruction is not GDPR consent on behalf of other persons and does not remove Cogundi’s own statutory obligations. 13.4. Approval concerns the complete displayed and identified version, including public source information adopted therein. It does not retroactively approve Cogundi’s earlier independent publications. Independent AI scores and measurement outcomes do not become Customer declarations or warranties solely through profile approval. 13.5. Before approval, the Customer is clearly informed that it ends the initial included addition process and voluntary refund option. Cogundi records the approved version, date, time and method of approval insofar as lawfully necessary. Approval does not end the agreed publication obligation, remaining Monthly Updates or rights arising from a breach.
- Publication and availability 14.1. Cogundi may independently publish Draft business profiles publicly under Article 6. Publication of the Business profile as a Final business profile takes place only after express approval and a valid Publication Instruction. The Final business profile replaces the Draft business profile on the profile page concerned and is incorporated into the Index. Cogundi may store, structure, make searchable and technically suitable the lawfully published information for consultation by visitors, search engines and AI systems. 14.2. Cogundi may make technical and editorial corrections, move the Profile to another environment or domain name and make necessary changes for security, continuity and compliance with legislation. A substantive change to business meaning requires new approval before republication. Temporary restriction of access, removal of unsuitable information and measures under Article 17 may take place immediately. 14.3. A Draft business profile may remain visible until replaced, corrected or removed. Following approval and publication, the Final business profile generally remains visible until removal is requested, Cogundi removes it on valid grounds or the Index is validly terminated. Expiry of the twelve months for Monthly Updates does not automatically end publication. 14.4. Availability does not guarantee permanent accessibility or perpetual operation. It does not include continuous updating of business information, permanent checking of changes at the Customer or retention of the same technology, layout, URL or database environment. Expressly included monthly measurements and email updates remain due throughout the agreed period. 14.5. Cogundi may change the Database’s technology, structure, functionality, presentation, findability and availability. Temporary interruptions for maintenance, security or migration are permitted. Cogundi exercises this power reasonably and does not arbitrarily undermine the agreed core performance. 14.6. Cogundi may discontinue the Database or product for the future for business, technical, legal or security reasons. Where reasonably possible, it informs the Customer in advance and offers an opportunity to save its own Profile. No minimum publication period is promised. Consequences of termination are assessed under Articles 23 and 24 and the general terms; this power is not a licence for paid non-delivery. 14.7. Cogundi need not publish an approved Profile where, in its reasonable opinion, publication may be unlawful, unsafe, harmful, misleading or contrary to these product terms or previously disclosed lawful platform policy. Article 17 and financial settlement under Article 23 remain applicable. 14.8. From successful payment, the order includes twelve consecutive months with one new Visibility Measurement and one email update with the new AI score per month. The first update is sent no later than one month after payment. The order confirmation states the start and end dates. The period runs even where the Business profile has not yet been approved and is not restarted by later approval or addition. 14.9. A new measurement may produce the same score as an earlier measurement. The update does not guarantee improvement and includes no personal advisory activities or free substantive updating of the Profile. 14.10. Updates are sent to the email address supplied by the Customer. The Customer keeps it current. In the event of a known delivery error, Cogundi takes reasonable measures to resend the update or make it available in another agreed manner. Cogundi does not guarantee that a correctly sent message will not be filtered or delayed beyond its control. 14.11. If a new measurement temporarily cannot be performed reliably, Cogundi reports this and subsequently performs the missing measurement and update within a reasonable remedy period. An old score is not presented as a newly measured result. In the event of permanent impossibility, the Agreement’s remedy and settlement rules apply. Exclusion of result guarantees does not justify non-delivery of included measurements. 14.12. After twelve months, included Monthly Updates end without automatic renewal or a new payment obligation. A new purchase for substantive additions extends or restarts this period only where expressly agreed before that purchase.
- Removal on request 15.1. The business or its authorised representative may request removal of a Draft business profile or Final business profile without purchase via info@cogundi.com, providing sufficient details to identify the business and Profile. Cogundi may verify the request and require necessary and proportionate evidence of identity, business relationship and authority to represent the business. Only where verification is impossible in a less intrusive way may Cogundi request a redacted copy of an identity document. The Customer may redact all data unnecessary for verification. The citizen service number, including in the machine-readable zone, and photograph must be redacted. Cogundi states in advance which data must remain visible and why. The Customer may watermark the copy with the date and the statement ‘Solely for verification by Cogundi’. 15.2. Following sufficient verification, Cogundi removes the entire public Profile and the AI score displayed with it from the Index without undue delay. Cogundi records the business on an internal suppression list to prevent new scans and automatic republication. It retains only necessary identifying data for this purpose. Resumption takes place only following a new sufficiently verified request by an authorised representative and insofar as lawful. Removal also ends future measurements and Monthly Updates for the business concerned. This does not automatically terminate already performed activities for breach. Financial consequences follow Article 23 and applicable law. 15.3. Removal at the Customer’s request does not in itself confer a right to a refund. Timely valid reliance on Article 23 and rights arising from a breach or mandatory law remain unaffected. 15.4. Cogundi may retain only lawfully necessary data for administration, evidence, security, fraud prevention and statutory obligations under the general terms and privacy statement. This does not confer a right to continued public publication. 15.5. Cogundi does not control copies, caches, indexing and reuse by Third parties and is not responsible for them insofar as it has not itself acted in a manner giving rise to liability. Cogundi need not contact external AI providers, search engines or archive services on the Customer’s behalf except insofar as required by law or an existing remedy or cooperation obligation of its own.
- Updates and additional activities 16.1. Until first express approval, additions and corrections within the original assignment are included under Article 9. After approval, new business information, changed circumstances and substantive revisions are not automatically included. Monthly Updates do not confer a right to free profile additions. Free remedy of a Defect for which Cogundi is responsible remains distinct. 16.2. Cogundi may facilitate certain changes free of charge and require a new order and advance payment for other substantive updates. Scope and price are disclosed and accepted before performance. A technical ability to enter information does not mean processing and republication are free. Substantively changed information is published only following new approval of the changed, identified profile version and a Publication Instruction. The update Offer states the included performance and any refund arrangement. 16.3. Cogundi may make minor technical, editorial, legal, security or formatting corrections without additional payment. Within reasonable limits, Cogundi determines whether a request is a minor correction or substantive update. This creates no right to unlimited free corrections or additional payment obligations without agreement. 16.4. A security measure, removal of unlawful information or remedy of its own error is not made conditional on purchase of an update. Cogundi may restrict access to the part concerned while a substantively new Profile has not yet been agreed and approved.
- Cogundi’s right to refuse, change or remove content 17.1. Cogundi may refuse, block, hide, adjust, anonymise, suspend, unpublish or remove information or an entire Profile where it reasonably suspects or establishes one of the following circumstances. 17.1.1. The information is incorrect, incomplete, outdated, misleading or insufficiently substantiated. 17.1.2. The information contains personal contact details, private data, special categories of personal data or personal data relating to criminal convictions and offences, confidential information or trade secrets, or other personal data whose publication does not meet Article 20.2. The mere fact that permitted business information is traceable to the proprietor is not in itself a ground for refusal or removal. 17.1.3. The information may infringe Third-party rights or is unlawful, fraudulent, discriminatory, threatening or insulting. 17.1.4. The information contains malware, spam, manipulative content, harmful links or instructions that may mislead or impair systems or users. 17.1.5. The information creates a specific risk to Cogundi, users, Third parties, the Database or Cogundi’s reputation, integrity or security. An unwelcome but lawful statement is not such a ground solely for that reason. 17.1.6. The information or processing conflicts with legislation, applicable general terms, these product terms, the privacy safeguards described therein or the purpose of Cogundi index. 17.1.7. The information is subject to a sufficiently specific complaint, formal demand, order, investigation or request by a competent authority reasonably justifying intervention. An unsubstantiated complaint does not automatically prove unlawfulness. 17.2. Cogundi may also intervene for insufficiently established identity or authority to represent the business, fraud, misuse, Customer non-performance, technical or security risks or valid termination of the product, Database or a relevant functionality. 17.3. Cogundi selects a measure appropriate to the nature, seriousness, urgency and plausibility of the risk. It may temporarily restrict access during investigation and request reasonable substantiation. It need not await a final judicial decision. Substantively changed business claims are not published as Customer statements without new approval. 17.4. Where reasonably possible, Cogundi informs the Customer of the measure and reason. Prior notice is not required in cases of urgency, fraud, security risks, possible damage, a statutory prohibition or investigation by an authority. Statutorily required reasons, notification and legal protection remain applicable even without prior notice. 17.5. The Customer may challenge a measure with reasons via info@cogundi.com. Cogundi assesses relevant new information. This does not suspend a justified measure or restrict statutory remedies. 17.6. Cogundi has no general obligation independently to investigate all Customer information in advance or monitor it continuously. Its own agreed quality control and specific statutory obligations after learning of unlawfulness remain applicable. 17.7. A justified measure arising from the Customer’s information, acts or omissions does not in itself confer a right to damages or a refund. Unperformed obligations are not automatically charged or retained in full; Article 23 and non-excludable rights remain applicable. A measure does not affect a refund right already exercised validly and in time under Article 23.
- Customer obligations and responsibility 18.1. The Customer provides sufficient, correct, current, lawful and non-misleading business information and reasonable cooperation in good time. It is responsible for its own website, the URL supplied and authority to designate it for a Website Scan. 18.2. The Customer checks the entire Business profile, retains substantiation of claims where necessary and does not approve while unsuitable or unlawful information is present. Cogundi’s adoption of information from a public source does not replace this checking. 18.3. The Customer does not provide prohibited content under Articles 10, 12 and 17, manipulate the AI assistant or Database or use the service for spam, fraud, impersonation, security attacks or infringement of Third-party rights. 18.4. The Customer reports relevant errors, outdated information, loss of authority, business cessation and specific complaints or claims concerning the Profile without undue delay. Where necessary, it requests restriction of access or removal. Where a substantive update requires a new purchase and the Customer does not wish to make it, it remains obliged to request necessary correction, restriction of access or removal to prevent misleading publication. Monthly visibility measurement is not a check of the currency of all business information. 18.5. The Customer secures its own account and access credentials, keeps contact details current and reasonably cooperates with investigation and mitigation. The general terms apply to lack of cooperation and additional activities; no automatic additional charges arise.
- Intellectual property, database and rights of use 19.1. Article 11 of the general terms remains applicable. Rights of Cogundi or its licensors in the Database, database structure, profile structure, technical configuration, question structures, methodology, layout, arrangement and selection, software and templates remain with the relevant rights holder insofar as those rights actually exist. 19.2. The same applies to structuring and summarisation produced by Cogundi insofar as rights arise therein and belong to Cogundi. No protection or exclusivity is guaranteed for solely AI-generated or otherwise unprotected parts. 19.3. Cogundi acquires no ownership or exclusive right in objective facts, the Customer’s pre-existing information, its trade names or trademarks or materials subject to Third-party rights. Existing rights remain with their holders. 19.4. Supplementing Articles 10.1, 10.2 and 11.4 of the general terms, the Customer grants Cogundi a worldwide, non-exclusive, royalty-free, transferable and sublicensable right to use Customer information approved by the Customer. This right includes processing, structuring, combining, storing, making public, technically adapting, distributing and making that information searchable solely insofar as necessary for inclusion in and operation of Cogundi’s indexes and Database. Transfer and sublicensing are permitted only within this purpose and may not extend the granted right. The Customer warrants that it has the rights and consents necessary to grant this right. Third-party rights are not transferred or extended by this provision. 19.5. Transfer and sublicensing are limited to technical contractors, service providers and a lawful successor operator for the same purpose and within the same substantive and privacy safeguards. This is not general consent to sale of non-public information, model training or other incompatible use. Transfer of the entire Agreement requires the cooperation legally necessary for it. 19.6. The right of use for active publication ends once publication of the Final business profile is definitively terminated, regardless of whether the profile has technically been fully removed at that time. From that point, Cogundi may not publicly republish it without a new valid Publication Instruction. Limited further retention and processing remain permitted only for lawful backups, statutory retention obligations, administration, disputes and evidence, security and fraud prevention. Anonymised or aggregated statistics may remain insofar as they can no longer be traced to persons and disclose no protected or confidential content. 19.7. Copies previously made by Third parties are not factually undone by termination of this licence. This provision does not legitimise unlawful Third-party use or remove Cogundi’s own statutory erasure or cooperation obligations. 19.8. The Customer retains the right to use paid Digital output under Article 11 of the general terms. Purchase does not confer a right to the entire Database, source code, internal methodology or other Customers’ data. Statutory rights in unprotected facts and permitted database acts remain unaffected. 19.9. Independent processing and publication of public source information in a Draft business profile are not based on a licence granted by the Customer. Cogundi is itself responsible for necessary rights, legal bases and source terms. This provision does not confer a right to republish contrary to a granted removal request or exclusion under Article 15.
- Privacy and personal data 20.1. Processing of personal data is governed by Cogundi’s privacy statement available before use. These product terms are not a new privacy statement and do not replace a required legal basis, information or data processing agreement. 20.2. Public Draft business profiles and Final business profiles are intended for business-focused information. Personal contact details, private data, special categories of personal data and personal data relating to criminal convictions and offences are not included. For contact information, reference is made to the business website. A trade name, website address or other business information may also constitute personal data where it relates to an identifiable natural person. Such information is processed and published only where a valid legal basis exists and processing is necessary and lawful. Public availability is not in itself a legal basis. The Customer checks the version it is to approve; Cogundi retains its own statutory responsibilities for all profile stages. 20.3. Cogundi may remove information not meeting Article 20.2 before or after publication or restrict access to all or part of the profile concerned. Customer approval and any indemnity do not release Cogundi from its own GDPR obligations 20.4. Transcripts and other data are subject to retention periods and criteria in the privacy statement, with the product-specific limits of Article 11. Necessary contact and order data do not become part of the public Profile.
- No advice, reasonable-efforts obligation and no guarantees 21.1. Cogundi index offers information collection, structuring, visibility measurements and agreed publication. An AI score, ranking, proposed question or indication of missing information does not constitute marketing, SEO, legal, financial, tax or strategic advice, certification or a general quality assessment of the business. 21.2. Cogundi performs its activities carefully on a reasonable-efforts basis. It guarantees no external results. This does not restrict its own proper delivery, remedy obligations or validly agreed specific commitments. 21.3. Cogundi does not guarantee inclusion or indexing by AI systems, use as a source, mention in AI answers, recommendations, ranking or position, improved findability, website traffic, leads, turnover, profit, conversions, reputation improvement, lasting visibility, correct interpretation by external systems or any particular duration, speed or extent of an effect. 21.4. This applies, among others, to ChatGPT, Microsoft Copilot, Claude, Google Gemini, Perplexity, search engines and future AI services. These external services operate independently and may change their models, algorithms, sources, terms, indexing, answers and technical operation at any time. Cogundi does not control these changes. 21.5. The mere absence of visibility, score improvement or commercial results is not a breach where Cogundi properly performs its own agreed obligations. The product name does not constitute a result guarantee. The contractual refund option under Article 23 remains available within its conditions, even without a breach.
- Product-specific liability and indemnity 22.1. The full general liability regime, including limit, exceptions, own responsibility and relationship with remedy and refunds, is set out in Article 12 of the general terms. This Article introduces no new or higher liability limit. 22.2. Specific exclusions of liability Insofar as legally permitted, Cogundi is not liable towards the Customer for loss arising from:
- inaccuracies, omissions or misleading commercial claims in Customer information supplied or approved by the Customer;
- the Customer supplying or approving personal data or other information for which it lacks necessary rights, consents or powers;
- infringements of Third-party rights by Customer information supplied or approved by the Customer;
- independent processing, reuse, modification or interpretation of published information by external AI systems or other Third parties insofar as those acts do not take place on Cogundi’s instructions or under its responsibility;
- failure by external search engines, AI systems or other Third-party services to include or index the Final Business profile, their displaying it differently, changing or removing it, or changes in their systems, terms or policies;
- removal or suspension by Cogundi justified under the Agreement and applicable legislation; or
- absence of commercial or technical results not expressly guaranteed by Cogundi in writing. 22.3. The exclusions in Article 22.2 apply in conjunction with the other liability provisions of the Agreement and general terms. If Cogundi is liable despite Article 22.2, other validly agreed limitations and exclusions of liability remain applicable. Cogundi’s own attributable breach does not, solely for that reason, invalidate all agreed liability restrictions. However, these restrictions and exclusions do not apply to loss caused by intent or conscious recklessness of Cogundi itself or persons responsible for managing its business, nor insofar as application conflicts with mandatory law or is unacceptable according to standards of reasonableness and fairness. 22.4. Supplementing Article 13 of the general terms, the Customer indemnifies Cogundi against Third-party claims attributable to the Customer and arising from supplied or approved information, unauthorised Publication Instructions, incorrect declarations, personal data or confidential data in the Profile, intellectual property infringements or misleading or unlawful commercial claims. 22.5. Articles 13.2 to 13.7 of the general terms apply fully to scope, reasonable defence costs, notification, defence, settlement, mitigation and shared responsibility. The indemnity does not cover Cogundi’s own attributable breach or unlawful conduct or penalties or obligations that cannot legally be transferred. It does not change any liability limit or Third-party rights. 22.6. For publication of the Final business profile, through active acceptance of these product terms the Parties record the following product-specific risk allocation: the Customer checks and authorises content under Articles 12 and 13; Cogundi performs its own agreed check and publishes the approved version within the instruction; independent external processing is beyond its control. The liability limit remains that in Article 12 of the general terms. Cogundi makes this risk allocation separately recognisable before payment. Where a particularly increased risk is established in advance, additional Written arrangements are required. 22.7. Customer responsibility, approval and indemnity apply only to circumstances attributable to the Customer under the Agreement and law. They do not apply retroactively to Cogundi’s earlier independent publications or measurements. This provision does not create a waiver of validly applicable defences or liability restrictions.
- Cancellation and refunds 23.1. The Customer may cancel the original order without giving reasons within fourteen days from the time of successful payment, provided it has not yet expressly approved the Business profile. The order confirmation states the deadline date and time. Cancellation is made by an unambiguous Written message to info@cogundi.com with sufficient details to identify the order. 23.2. The voluntary refund option ends once the Customer expressly approves the identified version of the Business profile, even where the fourteen-day period has not expired. Cogundi clearly displays this consequence before the approval act. Merely starting or completing a chat or telephone call does not end the refund option. 23.3. Upon timely cancellation before approval, Cogundi refunds the full amount received for the original order, including paid VAT where applicable. No usage, cancellation or administration charges are deducted. Refund takes place no later than fourteen days after receipt of the valid request, generally through the same payment method. 23.4. A valid cancellation request ends paid access, further profile preparation and future Monthly Updates. Cogundi removes the entire public Profile, including the existing Draft business profile and AI score displayed with it, and excludes the business from new scans and automatic republication under Article 15. Non-public data are erased or retained on a limited basis under the privacy statement and applicable statutory obligations. 23.5. After approval or expiry of the period in Article 23.1, no voluntary refund right exists solely because the Customer no longer wants the services, makes no further additions, requests removal or a non-guaranteed result fails to materialise. 23.6. Approval does not end the agreed publication obligation or remaining Monthly Updates. This Article does not restrict rights arising from non-delivery, a Defect, an attributable breach or mandatory law. A valid refund obligation does not fall under a damages limit. 23.7. Upon termination or refusal by Cogundi, agreed grounds and applicable settlement rules apply. Such termination is not automatically equated with voluntary Customer cancellation. Valid timely reliance on the refund arrangement remains unaffected. 23.8. In the event of conflict, this arrangement prevails over Articles 16.3 to 16.6 of the general terms. For a separate later update, the Offer states the applicable cancellation and refund arrangement before ordering.
- Suspension and termination 24.1. General grounds and consequences of suspension, force majeure and termination are governed by the general terms. Product-specific powers under Articles 14 and 17 supplement them. 24.2. Where information, checking or approval is missing, Cogundi need not perform subsequent steps dependent on it. It may send reminders, for example approximately one day and two weeks after payment. Failure to send or receive a reminder does not change the refund period. Silence does not lead to approval or publication of additions. Monthly Updates run from payment under Article 14. 24.3. Mere Customer inactivity does not end the included addition option before first approval. Cogundi may act against misuse, unauthorised use, security risks, unlawfulness or other valid termination grounds. Valid termination of the product or Index remains possible, with settlement of undelivered paid performance. 24.4. Upon definitive termination of active publication, Cogundi removes or unpublishes the Final business profile from the public Database. At the same time, the right of use for active publication ends under Article 19.6. Obligations continuing by their nature remain applicable, including lawful retention, confidentiality, intellectual property, liability, indemnity and dispute resolution. 24.5. Termination of the product or Database does not release Cogundi from settling paid performance not yet properly delivered. Force majeure grants only the rights under Article 14 of the general terms.
- Final provisions 25.1. Complaints, applicable law, disputes, language precedence, void provisions and other general matters are governed by the general terms. The Dutch text prevails with the safeguards stated therein for offered translations and mandatory international law. 25.2. Cogundi may amend these product terms because of changes in legislation, security, technical developments or organisation of its services. Cogundi informs the Customer in Writing of the changes, reasons and effective date and provides the new version in a form the Customer can store. From the announced effective date, the new version replaces the previous version, including for ongoing services under existing orders. Cogundi applies at least thirty days’ advance notice unless a shorter period is necessary because of a legal obligation or urgent security risk. Changes have no retroactive effect and leave accrued claims unaffected. In the event of a material change to the Customer’s disadvantage, the Customer may terminate the affected ongoing services free of charge before the effective date. Advance payments for undelivered performance cancelled thereby are refunded. This termination is not cancellation under Article 23. Changes to the agreed price or core of an already ordered performance require the Customer’s separate consent. 25.3. The appendices contain separately applicable texts for registration and ordering, transcription and final approval. The documents mentioned are actually accessible. Checkboxes are not pre-ticked. Acceptance of terms, any GDPR consent and profile approval are recorded separately and recognisably. Acknowledgement of the privacy statement is not general consent. 25.4. Acceptance of the general terms and these product terms takes place before payment. Upon subsequent Business profile approval and issuing the Publication Instruction, the Customer need not accept these terms again. The originally accepted contractual versions remain applicable to the Agreement unless validly amended under Article 25.2 or the Parties expressly agree otherwise in Writing. A repeated reference to or confirmation of contractual terms upon publication does not in itself amend the applicable contractual versions. Acknowledgement of the privacy statement does not constitute general GDPR consent. Approval and the Publication Instruction concern only the displayed and identified version of the Business profile shown to the Customer. Appendix 1 – Registration and ordering Upon registration: [ ] I act on behalf of the stated business and am authorised to use the account and supply business information. I use a business email address on the business domain belonging to this business. Before payment: [ ] I order exclusively for business purposes and am authorised to represent the business. I accept Cogundi’s general terms and conditions, version [version], and the Product Terms and Conditions Cogundi index, version [version], which I can store. I accept the separately displayed risk allocation for publication under Article 22.6. Directly visible with the order: “The price is one-off. Included are the initial addition and approval process and twelve months from successful payment with one new AI visibility measurement and email update each month. Substantive additions after approval may require a new paid order. There is no automatic renewal. You may request a full refund without giving reasons within fourteen days from payment, provided you have not yet approved the Business profile. Upon valid cancellation, the entire Profile is removed and the business excluded from new scans. Your additions become public only after separate approval of the complete version to be published.” Display a separate working link to the privacy statement. Do not formulate acknowledgement as general consent. Appendix 2 - Consent to transcription Separately, before transcription and only for the actual participant: [ ] I consent to my call with the AI assistant being converted into text and summarised during the call to record business information and compile the Business profile. No audio recording is made or retained. The transcript and summary are retained under the privacy statement, which I can consult. I may withdraw my consent via info@cogundi.com or ask during the call for transcription to stop. As an alternative, I may use the Questionnaire. Display a working link to the privacy statement. Do not combine this checkbox with acceptance of terms, payment or profile approval. This consent does not include AI model training. Separate quality control is subject to the purposes, legal bases and restrictions in the privacy statement. Appendix 3 - Final approval and publication Before the checkboxes, identify the complete profile and version to be published: [COMPLETE: profile identification, version identifier and date]. Display the full text that will become public.
- Contractual terms, already to be used before payment: [ ] I order exclusively for business purposes, not as a consumer, and am authorised to represent the business. I accept Cogundi’s general terms and conditions, version [COMPLETE], and the Product Terms and Conditions Cogundi index, version [COMPLETE], which I can store. I have read and accept the separately displayed product-specific risk allocation for publication under Article 22.6; the liability limit remains that in Article 12 of the general terms.
- Acknowledgement of privacy information: [ ] I have been able to open and consult Cogundi’s privacy statement. This confirms availability and is not general consent to processing personal data.
- Final profile approval and Publication Instruction: “Check the complete version below. After your approval, the initial included addition process and voluntary refund option end, even where the fourteen-day period has not expired. Agreed publication and remaining Monthly Updates remain included. Later substantive additions may be chargeable.” [ ] I act in a business capacity and am authorised to represent the business. I have checked the complete version of the Business profile displayed and identified above, including adopted public source information and my additions. I expressly approve this version and instruct Cogundi to publish it publicly as a Final business profile. I understand that this ends the voluntary refund option under Article 23.The information is, to the best of my knowledge after careful checking, accurate, sufficiently complete for a non-misleading presentation, current and lawful. Commercial claims can be sufficiently substantiated.
- The Business profile contains no personal contact details, private data, special categories of personal data or personal data relating to criminal convictions and offences. For contact information, reference is made to the business website.
- Insofar as a trade name, website address or other business information is traceable to a natural person, its inclusion meets the limits of Article 20.2 of the product terms. This approval and Publication Instruction do not constitute GDPR consent on behalf of other persons or remove Cogundi’s own statutory obligations.
- The Business profile contains no confidential information, trade secrets, login credentials or security information.
- I have all necessary rights, licences, consents and powers to disclose, edit and publish the information under the product terms. The information infringes no third-party rights.
- I expressly issue Cogundi the Publication Instruction to publish this approved version publicly in the Database as a Final business profile under the product terms, including the declarations and warranties in Article 13 and rights of use in Article 19.
- I understand and accept that third parties, search engines and AI systems may index, copy, process and reuse public information insofar as lawful. Cogundi does not control independent external processing or results. Removal by Cogundi does not guarantee disappearance of external copies.
- I immediately inform Cogundi once I know or should reasonably understand that information is incorrect, outdated, misleading or unlawful. My approval applies to this profile version and does not retroactively apply to Cogundi’s earlier independent publications or measurements. Approval does not guarantee improvement of my AI score. For all texts, the documents mentioned are available through working links. Upon publication, reference is made to the already agreed contractual versions; a new version is not offered for acceptance without notice. Product terms and conditions v1.1 Cogundi