SEOmonitor TERMS OF USE
Provider: SEOMONITOR SOFTWARE SRL ("SEOmonitor", "we", "us"), a company organised under the laws of Romania.
Registered office: Emanoil Porumbaru 86, Sector 1, Bucuresti, 011424, Romania
Sole registration code (CUI): RO43839180 · Trade Register no.: J2021003800404
Contact for legal notices: legal@seomonitor.com · Support: support@seomonitor.com
This document is the online Terms of Use accepted electronically by every user of the Service. Where a customer signs a separate order form or negotiated agreement, that document prevails over these Terms to the extent of any conflict.
1. Definitions
Service / Platform — the SEOmonitor SEO and AI-search analytics software-as-a-service, the website at www.seomonitor.com (the "Site"), and all related applications, tools, data, reports, and features we make available.
Customer — a legal entity or individual that has subscribed to and pays for the Service (also "Subscriber", "you").
Authorised User — an individual the Customer permits to access the Service under the Customer's account.
Customer Data — data, content, and inputs the Customer or its Authorised Users submit to or generate through the Service (including keywords, campaign configurations, connected-account data, and content produced with the Service).
Agreement — these Terms of Use, the Privacy Policy, the Data Processing Agreement (DPA), and any order form or negotiated terms, together.
2. The Service
SEOmonitor provides SEO and AI-search measurement, tracking, analytics, content, and related tools. We may add, modify, or discontinue features over time; for material changes affecting paid features we give reasonable prior notice. The Service is provided on a software-as-a-service basis; no software is sold or transferred to the Customer.
Beta features. Features marked "beta", "preview", or similar are provided as-is, may be incomplete or change, and are used at the Customer's own risk. We disclaim warranties for beta features to the extent permitted by law.
3. Eligibility and Accounts
The Service is intended for business use. Authorised Users must be at least 18 years old, provide accurate information, use a valid business email, and keep their credentials secure. The Customer is responsible for all activity under its account and for its Authorised Users' compliance with this Agreement. Accounts and credentials may not be shared outside the Customer's organisation or resold without our written consent. The Customer must notify us promptly at support@seomonitor.com of any suspected unauthorised access.
4. Subscriptions, Fees and Payment
Plans. Subscriptions are billed monthly or annually, per the plan selected.
Monthly (card). Monthly subscriptions are paid by card. If payment fails or a trial ends without payment, the account is suspended; access is restored as soon as payment is completed.
Annual (wire transfer, upfront). Annual subscriptions are paid upfront by bank transfer, net 30 days from the invoice date (an advance/"avans" arrangement may be agreed in writing). If a wire is not received within the term, we may suspend or cancel the subscription.
Currency and taxes. Fees are in EUR unless agreed otherwise. Fees are exclusive of VAT and other taxes, which are added where applicable. For EU business customers with a valid VAT number, the reverse-charge mechanism applies; for customers outside the EU, the supply is treated per applicable Romanian and EU rules.
Auto-renewal. Subscriptions renew automatically for the same term unless cancelled before the renewal date (Section 5). We may not send a separate renewal reminder.
Late or failed payment. We may suspend access while amounts are overdue and terminate for continued non-payment.
5. Cancellation and Refunds
The Customer may cancel at any time (in-app under Settings, or by emailing support@seomonitor.com) and retains access until the end of the paid term. Refund policy, unless a signed order form or agreement provides otherwise:
Monthly: refunded pro rata.
Annual: we refund the unused portion of the term, after removing the annual discount for the months already used (those months are re-rated at the standard monthly price)
Refund requests are processed within 48 business hours, via the original payment method, for the net amount.
6. Acceptable Use
The Customer agrees not to: exceed published or communicated usage/rate limits; probe, scrape, or overload the Service; reverse engineer, copy, or create derivative works of the Platform; resell or provide the Service to third parties except as expressly permitted; or use the Service unlawfully or to infringe others' rights. We may set usage limits and investigate and act on suspected abuse, including suspension, at our reasonable discretion.
7. Intellectual Property
Our IP. SEOmonitor owns all rights in the Platform, Service, Site, software, interfaces, design, and our content, and the "SEOmonitor" name and marks. No rights are granted except the limited right to use the Service under this Agreement.
Customer Data and outputs. As between the parties, the Customer owns its Customer Data and the content and outputs it generates through the Service (for example, articles produced with the content tools and exported reports). The Customer grants us a limited licence to host and process Customer Data solely to provide, secure, and improve the Service.
AI and machine learning. We do not use Customer Data to train artificial-intelligence or machine-learning models. To deliver and enhance features, insights, and reliability, the Service uses third-party AI/LLM provider APIs (such as Anthropic, OpenAI, and Google), on paid/enterprise API tiers; Customer Data processed through those APIs is handled under those providers' terms and is not used by them to train their models per the applicable API terms. See Section 8 and the DPA.
8. Third-Party Services and AI Providers
The Service relies on third-party providers, including hosting, support, payment, and AI/LLM API providers, to operate and deliver features. A current list of sub-processors is available to Customers on request and is governed by the DPA (Section 9), including notice of changes and the right to object. We remain responsible for these providers' processing of Customer personal data as set out in the DPA.
9. Data Protection
Personal data is processed as described in the Privacy Policy Where we process personal data on the Customer's behalf as part of the Service, the Data Processing Agreement (DPA) applies and is incorporated into this Agreement for Customers. The Customer acts as controller and SEOmonitor as processor for such data.
10. Confidentiality
Each party will protect the other's non-public information disclosed in connection with the Service with reasonable care and use it only to perform under this Agreement, excluding information that is public, independently developed, or required to be disclosed by law.
11. Warranties and Disclaimer
We provide the Service using commercially reasonable skill and care. Except as expressly stated, the Service is provided "as is", and to the extent permitted by law we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and do not warrant that the Service will be uninterrupted, error-free, or meet every requirement.
We do not commit to a specific uptime or service level unless one is agreed in a separate signed SLA. Nothing limits rights that applicable consumer law makes non-excludable.
12. Limitation of Liability
To the maximum extent permitted by law:
Neither party is liable for indirect, incidental, special, or consequential damages, or for lost profits, revenue, data, or goodwill.
Each party's total aggregate liability arising out of or related to this Agreement is limited to the total fees paid by the Customer to SEOmonitor in the 12 months preceding the event giving rise to the claim.
These limits do not apply to: liability that cannot be excluded by law (including death or personal injury caused by negligence); fraud or wilful misconduct; a party's breach of confidentiality; the Customer's payment obligations; or infringement of the other party's intellectual property.
13. Indemnification
The Customer will indemnify SEOmonitor against third-party claims arising from the Customer's Data or content, its unlawful or unauthorised use of the Service, or its breach of this Agreement or of another party's rights.
14. Term, Suspension and Termination
This Agreement applies for the subscription term and renewals. Either party may terminate for the other's material breach not cured within 30 days of notice. We may suspend access for non-payment or abuse (Sections 4, 6). On termination: access ends; the Customer may export its data for 30 days, after which we delete or anonymise Customer Data in line with the DPA and our retention practices, except where law requires retention. Sections that by nature should survive (IP, confidentiality, liability, governing law) survive termination.
15. Changes to the Service or Terms
We may update these Terms; for material changes we will give reasonable notice (by email or in-app). Continued use after changes take effect constitutes acceptance. For signed agreements, material changes apply from the next renewal unless otherwise agreed.
16. Governing Law and Jurisdiction
This Agreement is governed by the laws of Romania, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the competent courts of Bucharest, Romania, except that either party may seek injunctive relief to protect its IP or confidential information in any competent court.
17. Miscellaneous
The Customer may not assign this Agreement without our consent; we may assign it to an affiliate or successor (including in a merger or sale of assets) on notice. If any provision is unenforceable, the rest remains in effect. Failure to enforce a term is not a waiver. Neither party is liable for delay or failure due to events beyond its reasonable control (force majeure). This Agreement (with the Privacy Policy, DPA, and any order form) is the entire agreement and supersedes prior versions, including the 28 July 2022 Terms of Use. Notices to SEOmonitor go to legal@seomonitor.com.
18. Electronic Acceptance
By creating an account, subscribing, or using the Service, the Customer accepts this Agreement electronically, with the same effect as a signature.