Terms of Service

1. Scope and Contracting Party

These Terms of Service (“Terms”) govern the use of Octara at octara.app (the “Service”). The Service is provided by Isabel Ebert, trading as Net Wave Marketing, Tabakshof 3, 23730 Sierksdorf, Germany (“we”, “us”). The contract language is English.

Business customers only. The Service is offered exclusively to businesses, self-employed professionals and public-law entities acting in the exercise of their commercial or independent professional activity (“Entrepreneurs” within the meaning of § 14 of the German Civil Code, BGB). By creating an account you confirm that you are acting as an Entrepreneur. We do not conclude contracts with consumers.

These Terms apply to all contracts between us and our customers. Conflicting or deviating terms of the customer apply only if we have expressly agreed to them in writing.

2. Description of Service

Octara is a SaaS SEO platform that provides, among other things:

• Site mapping and crawling: automated discovery and monitoring of pages on your website
• Keyword tracking: monitoring search positions, clicks, and impressions via Google Search Console integration
• AI content tools: AI-assisted generation and rewriting of meta titles, descriptions, and on-page content
• Change tracking: detection and logging of SEO-relevant changes across your pages
• Competitor and performance analysis: insights based on publicly available data and connected data sources

The scope of functions depends on the plan you have booked and on the description on our pricing page at the time of booking. We may further develop and adapt the Service, provided that the essential functions of the booked plan are retained and the change is reasonable for you. We will announce changes that significantly affect your use with reasonable notice.

3. Contract Formation, User Accounts and Responsibilities

Presenting the Service on our website is not a binding offer. The contract is formed when you complete registration and we confirm your account or provide access to the Service. To use the Service, you must create an account. You are responsible for:

• Providing accurate and complete registration information
• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Promptly notifying us of any unauthorised use of your account at hello@mail.octara.app

Accounts may not be shared or transferred to another person or company without our prior written consent. Team members may only be added through the team features of the Service.

4. Acceptable Use

You agree not to use the Service to:

• Scrape, crawl, or harvest data from the Service itself in an abusive or automated manner that exceeds normal usage
• Attempt to reverse-engineer, decompile, or extract source code from any part of the Service, except to the extent mandatory law permits
• Violate any applicable local, national, or international law or regulation
• Transmit any content that is unlawful, defamatory, fraudulent, or infringes third-party rights
• Use the Service to send unsolicited communications (spam)
• Circumvent or interfere with the security or integrity of the Service
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Crawl or analyse websites you are not authorised to analyse

If you breach these provisions, we may, taking your legitimate interests into account, warn you, restrict or suspend access to the affected functions or, in serious cases, terminate the contract for good cause in accordance with section 10.

5. Subscription, Prices and Billing

Octara is offered on a subscription basis. By subscribing, you agree to the following:

• Plans and prices: We offer monthly and annual subscription plans. Plan features and prices are described on our pricing page. Prices are stated in euros and are net prices. We may change prices for existing subscriptions with effect from the next billing period by notifying you by email at least 30 days in advance; you may cancel your subscription with effect from the date the change takes effect. Prices already paid for the current billing period remain unaffected.
• Billing: Subscriptions are billed in advance on a recurring basis (monthly or annually). Your payment method will be charged automatically at the start of each billing period. Payments are processed by Stripe.
• Term and cancellation: Subscriptions renew automatically for the booked period (monthly or annual) until cancelled. You may cancel at any time through your account settings. Cancellation takes effect at the end of the current billing period; you retain access to the Service until that date.
• Money-back guarantee: We voluntarily offer a 14-day money-back guarantee for new subscriptions. If you are not satisfied, contact us at hello@mail.octara.app within 14 days of your initial payment and we will issue a full refund. This guarantee does not affect your statutory rights. After this period, payments are non-refundable except where required by law.
• Failed payments: If payment fails, we may suspend access to your account until payment is resolved. We will notify you by email before any suspension. Your obligation to pay remains unaffected.
• Taxes: Prices are exclusive of value-added tax. German VAT is added at the applicable rate where it is due. For customers in other EU member states who provide a valid VAT ID, the reverse-charge procedure applies where legally available.

6. Data and Privacy

Information on how we process personal data is provided in our Privacy Policy.

You retain ownership of all data you submit to the Service (including website content, keywords, and configuration). You grant us a non-exclusive right to process that data solely to provide the Service to you, including its technical operation, security and support. We will not sell your data to third parties.

You are responsible for ensuring that you are entitled to submit the data and content you enter into the Service, including any personal data of third parties. Upon account deletion, your personal data is removed within 30 days, subject to any legal retention obligations.

7. Rights of Use and Intellectual Property

All rights, title, and interest in and to the Service — including software, design, trademarks, logos, and content created by Octara — are and remain the property of Net Wave Marketing (Isabel Ebert) and its licensors.

For the duration of the contract, we grant you a non-exclusive, non-transferable and non-sublicensable right to use the Service for your own business purposes in accordance with the booked plan. You may not copy, modify, distribute, sell, or lease any part of the Service or its underlying code without our express written permission. Feedback or suggestions you provide may be used by us free of charge.

8. Availability, Defects and AI-Generated Content

We provide the Service in the scope described in section 2. The statutory provisions on defects of contracts for the provision of software apply. Please report defects to us without undue delay at hello@mail.octara.app and describe them as precisely as possible. Our no-fault liability for defects that already existed at the time the contract was concluded (§ 536a (1) first alternative BGB) is excluded.

We aim for high availability of the Service. Temporary restrictions may occur due to maintenance, security measures or events outside our control, including outages of third-party providers such as hosting, search-data, AI or Google services on which the Service depends. We do not guarantee a specific availability unless agreed in writing.

SEO results depend on many external factors outside our control. We owe the provision of the Service, not any specific improvement in search rankings, traffic, AI visibility or revenue. Content, analyses and recommendations generated by AI or drawn from third-party data sources may be incomplete or inaccurate; you are responsible for reviewing them before you use or publish them.

9. Liability

We are liable without limitation for damages caused by intent or gross negligence, for injury to life, body or health, under the German Product Liability Act, and to the extent we have given a guarantee or fraudulently concealed a defect.

In case of slightly negligent breach of an essential contractual obligation (an obligation whose fulfilment is necessary for the proper performance of the contract and on whose compliance you may regularly rely), our liability is limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded.

Liability for loss of data is limited to the typical cost of restoring the data that would have arisen had you made regular, risk-appropriate backups of your data. This does not apply to the extent we are liable without limitation under the first paragraph.

The above limitations also apply to the personal liability of our employees, vicarious agents and subcontractors.

10. Termination

You may cancel your subscription in accordance with section 5 and delete your account at any time from within the account settings. Cancellation of a paid subscription takes effect at the end of the current billing period. We may terminate the contract with effect from the end of the current billing period by giving 30 days' notice.

The right of both parties to terminate for good cause remains unaffected (§ 314 BGB). Good cause exists in particular if you materially breach section 4, are in default with payment despite a reminder, or if continuing the contract can no longer reasonably be expected of us.

Upon termination, your right to use the Service ends. Provisions that by their nature should survive termination (including intellectual property, liability and governing law) will do so.

11. Changes to these Terms

We may amend these Terms with effect for the future where this is necessary, for example due to changes in the law, new functions, or to close gaps in the regulation of the contractual relationship, and where the amendment is reasonable for you. We will notify you of the amendment by email at least 30 days before it takes effect. The amendment takes effect if you do not object within this period; we will point out this consequence in our notice. You may also terminate your subscription with effect from the date the amendment takes effect.

Amendments that would materially shift the balance between service and consideration to your disadvantage require your express consent. Price changes are governed by section 5.

12. Governing Law, Jurisdiction and Severability

These Terms and the contract are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). To the extent legally permissible, in particular where the customer is a merchant, a legal entity under public law or a special fund under public law, exclusive jurisdiction for all disputes arising from or in connection with the contract is the courts responsible for our place of business in Germany. We remain entitled to bring an action at the customer's general place of jurisdiction.

Should individual provisions of these Terms be or become invalid, the remaining provisions remain unaffected and the statutory provisions apply in place of the invalid provision.

13. Contact

For any questions about these Terms of Service, please contact us: