General Terms and Conditions

1. The service provider and the scope of the GTC

1.1. The service provider of Vispertise™ is ARKER Mérnökiroda Tervező és Tanácsadó Korlátolt Felelősségű Társaság; short name: ARKER Mérnökiroda Kft. (hereinafter referred to as: Service Provider).

Registered office and mailing address: 7400 Kaposvár, Dózsa György utca 21. Company registration number: 14-09-305630 Registering court: Company Registry Court of the Kaposvár Tribunal Tax number: 13153328-2-14 E-mail: hello@vispertise.com Website: vispertise.com. Client portal: app.vispertise.com.

1.2. Vispertise™ is a service and brand operated by the Service Provider, not a separate legal entity. The GTC applies to the free pre-audit, the paid AI visibility audit, the delivered results, and the use of the associated client portal.

1.3. The Customer is the natural or legal person or other organization using the service. A consumer is a natural person acting outside his or her independent occupation and economic activity. Consumer status is determined by the actual circumstances, not merely by billing details. Mandatory rights granted by law to other persons shall continue to apply.

1.4. An individual agreement may deviate from the GTC within the limits permitted by law. Rights granted to the consumer that do not allow for deviation cannot be restricted by the GTC, the package description, or the individual agreement.

2. Free pre-audit

2.1. The free pre-audit is a preliminary check of the enterprise’s identifiability, the available public basic data, and the conditions for initiating the full audit. The pre-audit relies on the data accessible during the investigation; it is not a comprehensive due diligence or a certificate of data authenticity.

2.2. The free pre-audit does not include multi-model AI response measurement, a full AI visibility score, or a detailed correction plan. It does not provide continuous monitoring or modification of public data.

2.3. Its launch does not entail any payment obligation, entering credit card details, or automatic paid order. The full audit is a separately orderable service.

3. Paid AI visibility audit

3.1. The full audit is conducted using automated examination and evaluation steps according to the Service Provider’s professional methodology. The subject of the service is to perform the specified examination, document its results, and deliver the deliverables undertaken in the package.

3.2. The package description and order summary, available before ordering, define the scope of reviewed enterprises, locations or websites; the scope of questions, repetitions and languages; the AI services involved in the assessment; the evaluation modules; the reports, correction plans and aids to be delivered; as well as the performance deadline, duration of access, and content of support. The Service Provider retains the accepted summary with the order.

3.3. According to the package, the service can examine the discovery without brand name, the quality of responses directed by name, the substantiation of claims, the sources cited, the alternatives appearing in comparisons, and the role of visual content. A sample report does not mean that all packages contain examinations of identical scope.

3.4. Personal expert review, consultation, website modification, profile management, content publication, implementation, continuous monitoring, and subsequent remeasurement are only included in the service in the case of explicit package provision or separate agreement.

3.5. The precise definition of package content does not override the legally required prior information. Undertakings that have become part of the contract cannot be reduced afterwards without the Customer’s consent.

3.6. JSON-LD, structured data, text, or other implementation aids are provided only to the extent indicated in the package. Code verification covers the indicated audits; technical validity does not automatically confirm the truth of the underlying business statements, the compliance of the entire website, or their utilization by external search and AI systems. The Service Provider handles defects in committed verification according to the rules for defective performance.

4. Order conditions and procedure

4.1. Prior to ordering, the Customer becomes familiar with the package, its fee, technical requirements, and the conditions of performance and access. Data can be checked and corrected before finalizing payment.

4.2. To launch the full audit, verifiable data and sources indicated on the order interface are required. The free pre-audit can be initiated without its own website; this alone does not mean all paid packages can be initiated. Missing initiation requirements must be indicated before payment.

4.3. Acceptance of the GTC and the opportunity to familiarize oneself with the privacy policy precede the order. Familiarizing oneself with the privacy policy does not constitute general consent for all data processing. Optional analytics and marketing may be decided upon separately.

4.4. The payment obligation is clearly indicated by the order button. The Service Provider will confirm receipt of the order electronically without delay. If the confirmation is not received within 48 hours at the latest, the Customer shall be exempt from the binding offer or contractual obligation.

4.5. The paid contract is concluded upon arrival of the service provider's confirmation, containing acceptance of the order, sent after successful payment verification to the Customer. The bank payment notification and a purely technical receipt message alone do not substitute for this confirmation. Any amount received for an unaccepted order will be refunded by the Service Provider.

4.6. The contract is concluded electronically. The Service Provider retains in its electronic records the order, the accepted GTC version, the customer language, the package contents, and the necessary statements. The consumer receives the contract confirmation, the contractual terms, and the statement on early performance in a durable electronic form, at the latest at the start of performance. A link to a website that can be modified later alone does not substitute for this.

5. Fee, Payment and Invoicing

5.1. The order summary communicates the currency, the net amount, the applied tax, and the total final amount payable before payment. No costs that were not disclosed in advance may be charged. The service is digital; there is no physical delivery fee.

5.2. Ordering a one-time audit does not automatically create a recurring subscription. Recurring payment is only possible based on separate terms that have been previously communicated and explicitly accepted.

5.3. Online payment is provided by the provider selected at checkout, Barion Payment Zrt. or Stripe, under that provider’s own conditions. The Service Provider processes the data necessary to link the order and payment, as well as the status and reference of the transaction; it does not receive the full card number or the card's security code. This does not affect the Service Provider's responsibility for its own payment integration, settlement, and refunds.

5.4. The invoice is prepared electronically using the Számlázz.hu system. The Customer is required to provide the data necessary for invoicing correctly. A paid audit will not be initiated based on an unsuccessful or unverified payment.

6. Performance, Access and Obstacle Management

6.1. Performance begins after payment has been verified and the communicated launch conditions are available. For consumers, initiation within the 14-day right of withdrawal period can only take place upon a separate request pursuant to Clause 8. In the absence of such a request, initiation will be aligned with the expiry of the withdrawal period.

6.2. The package delivery deadline is a mandatory commitment. This is separate from the estimated technical runtime, if indicated. A deviation in the estimate alone does not modify the committed deadline.

6.3. According to the package, the result is accessible on the client portal and/or as a downloadable report; electronic notification is sent upon completion. The Customer may download the files delivered to them within the specified access period. Statutory obligations regarding access and performance remain unaffected.

6.4. Performance is complete when all undertaken elements of the package have been fulfilled. In the case of a package containing a continuous service period, additional work, or items to be delivered separately, completion of a single report does not automatically mean that the full contract has been completed.

6.5. In case of external service provider outage, data, or identification obstacles, the Service Provider will inform the Customer and take reasonable measures to fulfill performance. A significantly different model, smaller measurement sample, or reduced scope of service can only substitute for the agreed content based on appropriate information and with the Customer’s consent.

6.6. If the agreed performance is not realized, the Customer is entitled to statutory and contractual claims, including, where applicable, proportionate price reduction, termination, and refund. The involvement of a subcontractor or external service provider alone does not exempt ARKER from its own performance obligations.

7. Limitations of Measurement and Exclusion of Result Promises

7.1. The audit is an examination conducted at a specific time, with defined questions, languages, services, and settings. It is not a comprehensive market survey, not a representative sample of all possible user searches, and does not uncover the internal decision-making processes of AI systems.

7.2. The operation of AI systems is probabilistic in nature. The same question may receive different answers; the model version, search environment, timing, and other circumstances may change the outcome. API-based measurement may differ from the responses displayed in consumer applications.

7.3. Public sources and AI responses may be incomplete, outdated, or incorrect. Findings must be interpreted within the verification scope defined in the methodology. The report must separately identify the measurement result, the supporting examination, uncertainty, and the professional recommendation. The denominator of the mention rate is the sample of responses examined; the ratio calculated among assessable claims is not the total accuracy of all statements. The composite index is not the probability of a future AI recommendation, an official qualification, or an independent certification.

7.4. The Service Provider undertakes to carry out the examination with professional diligence and to deliver the agreed results. It does not guarantee indexing, ranking in search engines, mentions, references, AI recommendations, traffic, interest, bookings, conversions, or revenue. Implementation of the suggestions does not create such a guarantee either.

7.5. The audit does not constitute legal, tax, financial, medical, or other regulated professional advice and is not a legal compliance certification. The technical or content evaluation of visual material does not certify its usability regarding copyright, personality rights, or data protection.

7.6. These limitations do not exempt the Service Provider from rectifying its own computational, data assignment, or processing errors, nor from the performance of the agreed examination and delivery. Examination of subsequent changes in AI responses is a new measurement; rectifying proven own errors of the original performance is not.

8. Withdrawal and Termination by Consumers

8.1. The consumer may withdraw from the service contract within 14 days of its conclusion without justification; in the case of a service already started, this right may be exercised by termination. To meet the deadline, it is sufficient to send the statement within the period.

8.2. The statement may be sent to hello@vispertise.com or to the Service Provider’s registered office. The sample statement below can be used but is not mandatory. For statements submitted by email, a personally signed or scanned document is not required.

8.3. The consumer may also use the prominently displayed and easily accessible “Withdrawal from contract” function on the website. The function is continuously available during the withdrawal period. On the platform, the consumer must provide their name, the data necessary for identifying the contract, and an electronic contact for confirmation; the statement can be sent by clicking the “Confirm withdrawal” button. The Service Provider will confirm the content of the statement, its date and time of submission without undue delay in an electronically storable message. The electronic function is not the exclusive means of making a statement.

8.4. Starting work within 14 days requires a separate, specifically non-preselected statement: the consumer expressly requests early performance and acknowledges that upon full performance of the service, he/she loses his/her right of withdrawal/termination. Payment or general acceptance of the GTC alone does not substitute for this. The Service Provider records the content and timing of the statement and provides it in the confirmation according to point 4.6.

8.5. If the consumer requests early performance properly but terminates before the full service is completed, he/she must pay the proportionate fee calculated under the law for the part actually performed until the statement is communicated. In the absence of the required prior information or express request, such costs cannot be charged under the law.

8.6. After complete performance of the service, the consumer loses this right only if the conditions in point 8.4 are fulfilled. The loss does not terminate rights arising from faulty performance or other mandatory rights. For the current audit order, the Service Provider does not consider the digital form of the report alone as a ground for loss of rights associated with starting performance. In the case of remaining package elements or ongoing service commitments, making the report available does not automatically mean the contract has been fully performed.

8.7. Any amount lawfully to be refunded will be reimbursed by the Service Provider within 14 days at the latest from becoming aware of the statement, typically using the original means of payment. A different method may be applied only with the consumer’s express consent, without extra cost. Termination of use and forwarding is governed by the relevant digital service regulations.

8.8. A general, no-grounds 14-day right of withdrawal does not apply to non-consumer Customers, except in case of a separate undertaking. This does not affect the rights connected to breach of contract.

9. Faulty performance and warranty

9.1. Faults may be reported to hello@vispertise.com with the order identification and a description of the problem. For the assessment of the report, the Service Provider may request proportionate, necessary additional information. A mere deviation in a later AI response does not in itself prove a fault in the original audit.

9.2. In case of faulty performance, the consumer may request the service be brought into conformity with the contract free of charge. If the statutory conditions—especially impossibility, disproportionate cost, failure or repeated faulty correction, or sufficiently serious fault—are met, the consumer may demand a proportionate reduction in price or termination of the contract. Termination is not available due to insignificant faults, provided that the law excludes it.

9.3. In a consumer contract, the statutory warranty claim generally expires two years from performance. Different rules apply for continuous digital service for the period specified in the contract. The provisions of the Civil Code (Ptk.), and, where applicable, Government Decree 373/2021 (VI. 30.) on communication of faults, burden of proof, updates, and suspension or restart of limitation periods, are applicable.

9.4. The mandatory technical or security update is not the same as the free recalculation of later AI responses. The Service Provider only provides a separate voluntary warranty or satisfaction money-back guarantee with an explicit written commitment; the lack of this does not affect mandatory warranty and consumer rights.

10. Obligations of the Client

10.1. The Client is responsible for the accuracy of the contact, billing, and business data provided, for its authority of representation, and for the legality of the content delivered. Data of third parties may only be provided with proper authorization and to the extent necessary for the service.

10.2. Passwords, full credit card details, special categories of personal data, business secrets, or unlawful content may not be uploaded into the audit input fields. The analysis of expressly confidential materials requires a separate agreement.

10.3. The Client is obliged to protect their accesses, to report unauthorized access, and not to impede the proper functioning of the service. Unauthorized automated mass querying, circumvention, or acquisition of another user's data is prohibited.

10.4. In the case of incorrect client data or lack of cooperation, the Service Provider may reasonably request clarification. The Service Provider will inform the Client about justified consequences in timing resulting from this; it only performs extra paid work with prior agreement. The Client’s obligations do not eliminate the Service Provider's own professional and statutory obligations.

11. Intellectual Property and Use

11.1. The rights related to the platform, software, templates, protected methodological elements, and brand markings belong to the Service Provider or the relevant right holder. The names and trademarks of third parties do not constitute endorsement, certification, or partnership.

11.2. By paying the fee, the Client acquires a non-exclusive right to use the delivered report and improvement plan for its own lawful business purposes and those of the audited enterprise. To the extent necessary, the document may be shared with its employees, developer, and appointed agency. The use of lawfully saved deliverables for this purpose does not terminate with the expiry of portal access.

11.3. Text and code suggestions specifically provided for integration or publication may be modified and used on the surfaces of the audited company. Their factuality, legality, and technical compliance must be checked before publication.

11.4. The resale of the report as an independent product, the sale of the service under another brand name, and the copying of protected system components are subject to separate authorization. This does not exclude exceptions provided for by law or lawful software testing opportunities.

11.5. The right of use does not transfer to images, texts, databases, or other content originating from third parties any right not permitted by the right holder. The Client may not create the impression that a partial extract constitutes a complete or officially certified audit.

12. Limitation of Liability for Non-Consumer Clients

12.1. To the extent permitted by law, the Service Provider’s total contractual liability for breach of contract related to a given paid order is limited to the net service fee actually paid for the affected order. This limit applies to all related claims collectively.

12.2. To the permissible extent, the compensation for loss of profits, loss of turnover, loss of business opportunity, as well as other indirect or consequential damages is excluded.

12.3. The limitation does not apply to intentional breach of contract, to breach of contract causing harm to human life, bodily integrity, or health, or to any liability or right that cannot be excluded or limited by mandatory law. It does not affect legitimately refundable service fees, mandatory consumer rights, non-excludable data protection claims of affected persons, or third-party rights based on mandatory law.

12.4. This section becomes part of the contract only with the separate information and explicit acceptance by non-consumer Clients. The fee-based limitation does not automatically apply to the free pre-audit as a zero-amount liability cap.

13. Confidentiality and Data Protection

13.1. The parties may use non-public business information obtained during performance only to the extent necessary for performance, the exercise of their rights, or fulfilling their obligations. Necessary access may be granted to contributors and professional advisors under appropriate confidentiality. Data transfers required by law may be fulfilled.

13.2. The Client's name, logo, non-public report or result may only be used for reference or marketing purposes with appropriate separate authorization. Business facts already publicly accessible are separate from this.

13.3. The processing of personal data is described in the Privacy Notice. In case of an individual service requiring a separate data processing agreement, it must be concluded before processing begins. The GTC does not constitute a general consent for the arbitrary use of personal data.

14. Suspension of Access and Termination

14.1. The Service Provider may proportionally restrict access in the event of a verified security risk, unlawful use or material breach of contract. If circumstances permit, prior notice and a reasonable opportunity for resolution will be provided. Immediate action may be taken in the case of imminent danger or a legal obligation.

14.2. Suspension alone does not terminate rights relating to services already paid for and lawfully available. Upon termination, settlement must be made for completed performance, outstanding obligations, and any fees to be refunded. The separate rules for lawful data retention and remaining usage rights remain in force.

15. Complaints management and dispute resolution

15.1. Written complaints may be made by email to hello@vispertise.com or by mail sent to the Service Provider’s registered office.

15.2. For written consumer complaints, the Service Provider will send a substantive, reasoned response within 30 days of receipt, unless a mandatory statutory deadline applies otherwise. The receipt of complaints submitted via the electronic complaint interface or form will be confirmed immediately to the email address provided by the consumer. In case of rejection, information will be provided on available official and conciliation body remedies, prescribed contact details, and whether a general submission declaration has been made.

15.3. Consumers may turn to a conciliation body, consumer protection authority, or court. Before conciliation proceedings, the consumer must attempt to resolve the dispute directly with the business. The Service Provider has a statutory obligation to cooperate in conciliation proceedings.

15.4. Another conciliation body may proceed based on the consumer's place of residence or stay, or by legislative choice. The regional body acting according to the Service Provider's location: Baranya County Conciliation Body; address: 7625 Pécs, Majorossy Imre utca 36.; phone: +36 72 507 154; email: info@baranyabekeltetes.hu; website: baranyabekeltetes.hu. Further contact details for the bodies can be found at bekeltetes.hu.

16. Governing law and amendment

16.1. The contract is governed by Hungarian law. This does not deprive the consumer of any non-derogable protection afforded by the law of their habitual residence, nor does it limit their access to legal remedies provided by law.

16.2. The language of the contract is the one selected during the order process and indicated as the contractual language. The Service Provider shall provide the accepted contractual terms and the confirmation in this language. Divergent translations cannot reduce the consumer’s mandatory rights or the undertakings validly communicated to the Customer.

16.3. The new version of the GTC applies to orders concluded after its publication and acceptance. Modifications to an existing contract are only permissible by lawful means. The invalidity of one provision does not automatically affect the validity of the others.

ANNEX – WITHDRAWAL/TERMINATION STATEMENT TEMPLATE

Addressee: ARKER Mérnökiroda Kft., 7400 Kaposvár, Dózsa György utca 21.; hello@vispertise.com.

I, the undersigned, hereby declare that I am exercising my right of withdrawal/termination regarding the following Vispertise™ service contract.

Order ID: Order date: Name of the service: Name of consumer: Address of consumer: Email address used for confirmation: Place and date: Signature: only for statements on paper.