Terms of Service — visz.ai

Provider: Domantas Paradauskas (sole proprietorship), Talstr. 29, 69231 Rauenberg.

Status note: paid plans are bookable; the provisions on paid plans apply. Existing accounts keep their free conditions permanently (§ 5a).

§ 1 Scope — These terms apply to the use of visz.ai by consumers within the meaning of § 13 BGB and by businesses within the meaning of § 14 BGB. A consumer is any natural person who enters into the contract for purposes that are predominantly outside their trade, business or profession; a business is anyone acting in the exercise of their trade, business or profession. § 18 (dispute resolution) and § 20 (right of withdrawal) apply to consumers only; businesses have no right of withdrawal. The termination button under § 312k BGB (§ 14) and the notice period under § 309 No. 9 BGB (§ 22) are prescribed by law for consumers; visz.ai applies both to businesses as well, voluntarily. These terms govern the usage relationship between the user and visz.ai. If a paid plan is billed through a payment provider acting as merchant of record (§ 6), an additional contract covering the purchase and payment is concluded with that provider; these terms apply to the service itself in any case. Deviating terms of the user do not become part of the contract unless visz.ai expressly agrees to them in text form.

§ 2 Conclusion of contract — The usage contract for the Free plan is concluded upon registration and acceptance of these terms and of the data processing agreement. A paid plan is booked by selecting the desired plan and billing period and completing the order using the button expressly marked as entailing an obligation to pay. Before submitting the order, the user is shown the plan, the total price including VAT, the billing period and the term; input errors can be corrected until submission using the buttons of the order process and the browser's back function. The contract text is stored and sent to the user in text form by email together with the order confirmation; the applicable version of these terms is also available at any time at visz.ai/agb. The contract language is German; an English translation is provided, and in the event of contradictions the German version prevails (§ 19).

§ 3 Description of the service — visz.ai provides a behavioural-analytics SaaS (recordings, heatmaps, funnels, forms, frustration signals, surveys, feedback) in three plans: Free, Starter and Pro. The specific feature and volume scope per plan (recordings per month, sites, retention, heatmap pages, surveys, team) follows from the current price and feature overview. In addition, visz.ai may grant individual accounts unlimited access to the scope of the Pro plan (lifetime access); such access is granted solely by the provider, is not available for purchase and creates no entitlement to be granted. The service is provided on a best-effort basis and as a beta without any guaranteed availability (§ 15).

§ 4 Branding — The feedback and mini-banner widgets carry the notice „Powered by Visz.ai“; on free plans this branding cannot be removed. Accounts that existed before the paid plans were introduced (legacy accounts) are exempt and keep the free toggle.

§ 5 Plans, prices and limits — The Free plan is permanently free of charge. The paid plans cost: Starter €8.99 per month or €89.00 per year, Pro €14.99 per month or €149.00 per year. All prices are total prices in euros and include statutory VAT (§ 3(1) PAngV); no further costs arise. The applicable tax rate depends on the place of supply and is shown during the order process and on the invoice; where billing is handled by a merchant of record (§ 6), that provider states the VAT and issues the invoice. If the user's country bills in a currency other than the euro, the payment provider converts the price during the order process at its own rate and charges the converted amount in that currency; the amount shown there may therefore differ from a conversion at the daily rate. For users billed in euros, the euro amounts stated above continue to apply. The price overview shown during the order process is authoritative. When a volume limit is reached, the affected collection is paused until the first day of the following month; data already collected and statistics remain fully usable (no loss of function, no deletion). On a plan downgrade nothing is deleted; surplus sites are merely paused, and the user chooses within a 14-day grace period which sites remain active.

§ 5a Grandfathering — Users whose account existed before the paid plans were introduced keep their previous free conditions permanently (grandfathering). This grandfathering is not extinguished by the introduction of the new plans.

§ 6 Payment, due date and default — Payment is processed via Stripe (card, SEPA direct debit, Link); if visz.ai is installed via the Shopify App Store, it runs through Shopify instead. Billing is set up so that the payment provider acts as merchant of record, i.e. is the seller towards the user, collects the fee and issues the invoice in its own name; the invoice and the bank statement then read that provider. Who issues the invoice in a given case is shown during the order process and stated on the invoice itself. The service is provided by visz.ai in any case and is governed by these terms. The fee is due in advance for the respective billing period. If a payment fails, the outstanding amount is retried automatically over roughly three weeks. Where billing is handled by a merchant of record, that provider notifies the user of the failed payment, demands the fee as creditor in its own name and pursues collection; visz.ai sends no payment demand or reminder of its own in that case. The user can update their payment method at any time via the link contained in that provider's message. Where visz.ai exceptionally bills a payment itself, visz.ai notifies the user by email; the link for updating the payment method is then contained in that email. If payment is not made, the account is downgraded to the Free plan without any data being deleted; fee claims that have already arisen remain in place. Invoices and receipts are provided by email and in the customer account; where they originate from a merchant of record, they carry its numbering.

§ 7 User duties — lawful snippet use; valid visitor consent; PII-free custom events/tags/surveys/feedback (cf. DPA § 2).

§ 8 Availability — best-effort; maintenance and outages possible; no claim to uninterrupted operation (beta).

§ 9 Data ownership — the analytics data belongs to the user; Visz.ai never uses it for AI training or advertising.

§ 10 Software licence — simple, non-transferable right to use the snippet/dashboard.

§ 11 Prohibited use — no tracking without consent, no special categories (Art. 9), no abuse.

§ 12 Liability — visz.ai is liable without limitation for intent and gross negligence. In cases of ordinary negligence, visz.ai is liable only for the breach of material contractual obligations, i.e. those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the user may regularly rely; in that case liability is limited to the foreseeable damage typical for this type of contract. Liability for damage arising from injury to life, body or health, for fraudulently concealed defects, for guarantees given and under the German Product Liability Act remains unaffected and unlimited in amount. Where the service is provided free of charge, visz.ai is liable only for intent and gross negligence and in the cases named in the preceding sentence. This does not entail any change to the burden of proof to the user's detriment.

§ 13 Indemnity — The user indemnifies visz.ai against third-party claims arising from their unlawful use of the snippet (for example tracking without consent). This indemnity does not apply where the user is not responsible for the infringement.

§ 14 Termination of the paid contract — A paid contract may be terminated at any time in accordance with § 22, either via the customer account (customer portal) or via the termination button pursuant to § 312k BGB, accessible without login on the public cancellation page. The confirmation page allows stating the type of termination (ordinary or extraordinary), for an extraordinary termination the reason, and a requested end date; the termination is declared by activating the button „cancel now“ and is additionally confirmed in text form by email. The user's account and data remain in place; only the paid contract ends. Deletion of the account itself is done separately in the account settings. The termination button under § 312k BGB is prescribed by law for consumers; visz.ai makes it available to all users alike (§ 1). Lifetime access granted under § 3 may be ended by the user at any time; the ending is final, and the access is not granted again. As no fee was paid for lifetime access, no refund is made. visz.ai may terminate the usage contract with one month's notice to the end of a month; the right to extraordinary termination for cause (§ 314 BGB) remains unaffected for both parties.

§ 15 BETA NOTICE — visz.ai is in public beta. Features may change, data may exceptionally be lost, there is no availability guarantee. Use is at your own risk. Statutory warranty rights and § 12 remain unaffected.

§ 16 Changes to these terms — visz.ai may amend these terms where this is necessary to adapt them to a changed legal situation or to a decision of a supreme court or an authority, to close a gap that has arisen after conclusion of the contract, or to reflect technical or organisational changes that do not shift the balance between performance and consideration to the user's detriment. The intended change is communicated to the user in text form at least 30 days before it takes effect; the notice names the amended provisions, the effective date, and points out the right to object and the consequences of an objection. If the user does not object before that date, the change is deemed accepted. If the user objects, the contract continues on the previous terms; visz.ai may in that case terminate the contract by ordinary notice as of the effective date of the change. Changes to the main contractual obligations, in particular to the scope of a booked plan and to the fee, cannot be made in this way; they require the user's express consent or take effect only at the start of a new contractual term, of which the user was informed beforehand and which the user can avoid by terminating under § 22.

§ 17 Data protection — see the privacy policy and DPA.

§ 18 Dispute resolution (consumers) — We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. A reference to the European Online Dispute Resolution platform is omitted: it was shut down on 20 July 2025 and the underlying regulation has been repealed.

§ 19 Final provisions — German law applies. If the user is a consumer with habitual residence in another state, the mandatory consumer protection provisions of that state remain unaffected. If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the provider's registered seat; towards consumers the statutory places of jurisdiction apply. Should a provision of these terms be or become invalid, the validity of the remaining provisions remains unaffected. In the event of contradictions between the German and the English version, the German version prevails.

§ 20 Right of withdrawal (consumers) — Consumers within the meaning of § 1 have a 14-day right of withdrawal; details and the model withdrawal form are set out in the withdrawal instruction. Businesses have no right of withdrawal. During the order process the user may expressly request that visz.ai begins performing before the withdrawal period expires; in that case, upon withdrawal the user owes compensation for the value of the services already provided up to that point (§ 357a(2) BGB). The consent text used for this is published in the withdrawal instruction and is built into the order process verbatim.

§ 21 Sub-processors — visz.ai uses sub-processors to provide the service. The complete, versioned list is publicly available at visz.ai/subunternehmer and forms part of the data processing agreement. The user hereby grants the general authorisation under Art. 28(2) sentence 2 GDPR. Intended changes to this list — adding a new sub-processor as well as replacing an existing one — are announced by visz.ai at least 30 days before they take effect, in text form to the account email on file and by updating the public list. Within that period the user may object to the change for an important data protection reason. If the objection cannot be resolved, the user is entitled to terminate the contract as of the effective date of the change; a fee paid in advance is refunded pro rata for the period after termination. Replacing a sub-processor for compelling reasons, in particular upon its failure or termination, may take place without observing the period; visz.ai will then inform the user without undue delay, and the user's right to object and to terminate remains in place.

§ 22 Term, renewal and notice periods — Subscriptions are offered with a monthly or annual initial term. After the initial term expires, the subscription is renewed — unless it has been terminated — for an indefinite period; billing continues in the chosen period. A subscription renewed for an indefinite period may be terminated at any time with one month's notice (§ 309 No. 9 lit. b BGB). With annual billing the contract therefore ends one month after receipt of the termination, provided that date falls before the end of the current billing period; any fee paid in advance beyond that date is refunded pro rata. With monthly billing the contract ends at the end of the current billing period, because that date falls within the one-month period anyway. During the initial term, notice of one month may be given to the end of the initial term. The right to extraordinary termination for cause remains unaffected.

In case of any conflict between the German and the English version, the German version prevails.