Terms of Service

Effective Date: 01 Dec 2026 — for new Registrations from this date; for existing Subscriptions, as set out in Section 19.

Advanced Web Ranking is a web service provided by Caphyon. By accessing or using the Advanced Web Ranking Service or Website, you agree to be bound by the Terms and the Data Processing Addendum, and you acknowledge the Privacy Policy.

These Terms do not apply to existing Enterprise customers who have signed a custom contract or service level agreement (SLA) with Caphyon for the Advanced Web Ranking Service. Their signed contract continues to govern their use of the Service.

1. Definitions

“Service” means the Advanced Web Ranking web-based platform, including all associated tools, features, APIs, and corresponding documentation, whether in printed, online, or electronic form.

“Caphyon” means Caphyon S.R.L., Str. Ana Ipatescu Nr. 51, Dolj, Craiova, 200340, European Union, Romania.

“You” or “Your” means the individual or organization that registers to use the Service.

“Website” means the advancedwebranking.com website.

“Account” means the Advanced Web Ranking account created by You through Registration, or created on Your behalf by a User, together with all related items including invited users, report files, email templates, and other elements of User Data.

“User” means any individual accessing and/or using the Service through an Account.

“User Data” means any data, including Personal Data, that Caphyon processes on Your behalf in the course of providing the Service. User Data includes, without limitation, invited user email addresses, invited user accounts, report recipient email addresses, keywords, websites, web pages, reports, search engine optimization preferences, and keyword and website related statistics gathered from External Suppliers according to the preferences set in the Account.

“Input” means any data, prompts, URLs, configurations, or other content that You provide to the Service, including queries submitted to AI Features.

“Output” means any results, analytics, reports, recommendations, or AI-generated insights produced by the Service based on Your Input.

“Content” refers to all information, data, content, messages, photos, videos, recordings, images, ideas and other materials provided, generated or made available for and in relation to the Service, including AI Content.

“AI Content” means any Content generated, displayed or made available through AI Features, including AI-generated Output.

“AI Features” means the AI-powered capabilities within the Service, including but not limited to AI Insights, AI Visibility tracking, and any other features that use artificial intelligence or large language models to generate, analyze, or present data.

“Subscription” means the free trial period or paid plan selected by You, which defines the scope and limits of Your use of the Service according to its Attributes.

“Attributes” means the characteristics of a Subscription, as described in the applicable plan on the Website.

“Registration” means the process by which You sign up for an Account and provide current and accurate identification information for the purpose of accessing and using the Service.

“External Supplier” means any third-party provider of infrastructure, billing, IT, customer communication services, data, or technology used by Caphyon in connection with the Service, including providers of search engine data, analytics platforms, and large language models.

“Third-Party Components” means external data sources, APIs, software, and large language models provided by External Suppliers that the Service relies on to deliver certain features or data.

“Personal Data” has the meaning given to it under the General Data Protection Regulation (EU) 2016/679 (“GDPR”).

“Terms of Service” means this agreement between You and Caphyon.

“Data Processing Addendum” means Caphyon’s binding rules for Personal Data processing under the GDPR, which amend and supplement these Terms of Service and form an inseparable part thereof.

“Privacy Policy” means Caphyon’s notice describing how it handles the Personal Data of Service subscribers and users and of Website visitors, including through cookies.

2. Description of the Service

2.1 Core Service. Advanced Web Ranking is a Service of Caphyon that provides a suite of tools for search engine optimization (“SEO”) and digital marketing analytics. The Service includes, but is not limited to: search engine rank tracking, keyword research, SEO reporting, AI-powered search analytics, AI Visibility tracking, and AI Insights. The exact features available to You depend on Your Subscription and its Attributes. By signing up for the Service, You agree to comply with these Terms of Service, which govern Caphyon’s relationship with You in relation to the Service.

2.2 What the Service Does Not Do. To set clear expectations, the Service does not:

• guarantee any specific search engine rankings, traffic levels, or SEO outcomes;

• provide strategic SEO consulting, advisory services, or custom recommendations for Your business model;

• influence, manipulate, or otherwise affect Your visibility in search engines or AI-generated responses;

• guarantee the accuracy, completeness, or timeliness of data obtained from External Suppliers or Third-Party Components;

• guarantee the accuracy, relevance, or suitability of any Output generated by AI Features;

• guarantee that search results or AI responses captured by the Service match what any individual user sees, or that they can be reproduced. Search engines and AI platforms vary their results by location, device, language, account, time, and other factors, and AI responses are generated probabilistically, so each capture reflects a single point in time.

2.3 Provision of Software. Caphyon shall provide You with access to the then-current version of the Service via the Internet. Caphyon is only obliged to make available the most recent, operational version of the Service at any given time.

2.4 Service Modifications. Caphyon reserves the right to modify, improve, or discontinue any part of the Service, including adding or removing features. For material changes, defined as those that remove or significantly alter core functionality of Your Subscription, Caphyon will provide written notice via email and/or in-app notification within a reasonable timeframe. Reasonable changes, including UI updates, performance improvements, or security enhancements, may be implemented without notice. Features marked as beta, experimental, or preview are exempt from these commitments and remain subject to change or removal at any time. Caphyon maintains a changelog on the Website documenting the most significant updates to the Service. Where changes are driven by modifications to Third-Party Components beyond Caphyon’s reasonable control, such changes shall not constitute a breach of these Terms, provided that Caphyon makes commercially reasonable efforts to limit the impact on the Service and inform You in a timely manner. Dependency Changes are governed by Section 2.9.

2.5 Third-Party Components. The Service relies on Third-Party Components, including external data sources, analytics platforms, and large language models. The availability, accuracy, and continuity of Third-Party Components are outside of Caphyon’s control. If a Third-Party Component ceases to be available or materially changes in a way that affects the Service, Caphyon will use commercially reasonable efforts to find a suitable alternative or inform You of the impact; where the change is a Dependency Change, Section 2.9 applies. Caphyon expressly reserves the right, at its reasonable discretion, to modify, add, or replace the Third-Party Components used in connection with the Service.

2.6 AI Features — Input and Output. Where You use AI Features, the quality and relevance of the Output depend substantially on the quality of Your Input. Caphyon does not warrant that Output from AI Features will be accurate, complete, or suitable for any particular purpose. You are solely responsible for evaluating, validating, and deciding whether and how to act on any Output. AI Features may use large language models provided by third parties, and Caphyon does not control the underlying model behavior, training data, or responses.

2.7 No Guaranteed Results. Unless explicitly agreed in writing, Caphyon does not guarantee specific outputs, results, or outcomes from using the Service. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, CAPHYON DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. CAPHYON DOES NOT WARRANT THAT THE SERVICE WILL BE ACCURATE, ERROR-FREE, VIRUS-FREE, OR UNINTERRUPTED, OR THAT IT WILL MEET ANY SPECIFIC REQUIREMENTS.

2.8 Beta Features. Caphyon may make available features identified as beta, experimental, preview, early access, or similar (“Beta Features”). Use of Beta Features is optional. Beta Features are provided for evaluation purposes, may contain errors, and are provided “as is”, without any warranty and without the Availability commitments in Section 3. Caphyon may change, limit, or discontinue any Beta Feature at any time, with or without notice, and is not obliged to make any Beta Feature generally available. Data created with a Beta Feature may be lost when the Beta Feature is changed or discontinued. Beta Features may be subject to additional terms or fees, which Caphyon will communicate to You before You use them. Non-public Beta Features are Caphyon’s Confidential Information under Section 7.6. Subject to Section 11.1, Caphyon has no liability arising from Your use of Beta Features.

2.9 Dependency Changes. The Service depends on Caphyon’s ability to obtain data from or about search engines, AI platforms, large language models, and other Third-Party Components. A “Dependency Change” is any of the following that, in Caphyon’s reasonable determination, prohibits or materially limits Caphyon’s ability to provide a feature of the Service as described on the Website:

• an External Supplier, search engine, or AI platform changes, restricts, or terminates its terms of service, usage policies, or API access;

• an External Supplier, search engine, or AI platform introduces technical, contractual, or operational measures, such as blocking, rate limits, output filtering, access revocation, or discontinuation of the platform, that make it legally impermissible or commercially impracticable for Caphyon to continue obtaining or using the relevant data;

• a change in applicable law, or binding regulatory or court guidance, prohibits or materially restricts Caphyon’s ability to obtain or use the relevant data.

Following a Dependency Change, Caphyon may modify the affected features, for example by changing data sources, collection methods, or tracking frequency, or suspend or discontinue the affected features, such as tracking for a particular search engine or AI platform. Caphyon will use commercially reasonable efforts to limit the impact on You and will inform You of the Dependency Change and its effect on the Service without undue delay. A Dependency Change and the measures Caphyon takes under this Section do not constitute a breach of these Terms. If a Dependency Change results in a material change as defined in Section 2.4, You may terminate Your Subscription by written notice within 30 days after Caphyon informs You of it. If Caphyon can no longer reasonably provide the Service to You as a result of a Dependency Change, Caphyon may terminate Your Subscription by written notice, with effect from a date that is as late as the Dependency Change reasonably permits. In either case, Caphyon will refund any prepaid fees for the period following the termination effective date on a pro-rata basis.

2.10 No Reliance on Future Functionality. Your purchase of a Subscription is not contingent on the delivery of any future functionality or features, or on any oral or written public statements by Caphyon about future functionality or features, including roadmaps, previews, and announcements.

3. Service Levels, Maintenance, and Interruptions

3.1 Availability Target. Caphyon aims to make the Service available 24 hours a day, 7 days a week. Caphyon will take commercially reasonable efforts to maintain a monthly Availability of the Service of at least 99%. If Availability falls below 99% in any calendar month, You may terminate the Service by written notice and receive a pro-rata refund of any fees paid for the period in which the Service was not available.

3.2 Availability Calculation. “Availability” means the percentage of time during a calendar month that the Service is accessible and functioning in accordance with these Terms. Availability is calculated by dividing Net Minutes by Total Minutes, where:

• “Total Minutes” means the total number of minutes in the month, minus minutes of Scheduled Maintenance and minus minutes of Excluded Downtime;

• “Net Minutes” means Total Minutes minus the number of minutes the Service is not available, not counting Scheduled Maintenance or Excluded Downtime.

3.3 Scheduled Maintenance. Caphyon may perform planned maintenance on the Service (“Scheduled Maintenance”). Caphyon will announce Scheduled Maintenance at least two (2) business days in advance through the Service, by email, or on a public status page. Scheduled Maintenance shall not exceed a maximum of eight (8) hours per calendar month. Maintenance that is not announced in this way, or that exceeds this limit, counts as time during which the Service is not available, unless it is Emergency Maintenance under Section 3.4.

3.4 Excluded Downtime. The following (“Excluded Downtime”) are excluded from Availability calculations:

• urgent maintenance needed to address security vulnerabilities or to prevent imminent harm to the Service (“Emergency Maintenance”), which Caphyon will announce as early as reasonably practicable;

• force majeure events, including but not limited to natural disasters, war, government actions, pandemics, internet infrastructure failures, and other events beyond Caphyon’s reasonable control;

• disruptions caused by Your actions or inactions, including misconfiguration of Account settings or misuse of the Service;

• outages or degraded performance of Third-Party Components, including External Supplier APIs, analytics platforms, and large language model providers;

• internet access or connectivity issues beyond the boundary of Caphyon’s hosting infrastructure.

3.5 Interruptions Related to AI Features. AI Features rely on Third-Party Components, including large language models, whose availability is outside Caphyon’s control. Caphyon does not warrant that AI Features will be continuously available or error-free. Temporary unavailability or degraded performance of AI Features due to Third-Party Component issues shall not constitute a breach of these Terms or count toward the Availability calculation in Section 3.1.

3.6 Incident Communication. In the event of an unplanned service interruption, Caphyon will acknowledge the issue promptly and use commercially reasonable efforts to restore the Service as quickly as possible.

4. Conditions Governing Subscribers

4.1 Subscription Plans. For purposes of these Terms, a User who pays for the Service shall be referred to as a “Subscriber.” Caphyon provides a free trial (governed by Section 5) and several fee-based Subscriptions. Each Subscription has a monthly or annual fee based on its Attributes, as described on the Website. By registering for a paid Subscription, You agree to pay for the Service in accordance with the fees and billing cycle applicable to Your chosen plan.

4.2 Upgrades and Downgrades. You may upgrade to a higher Subscription level at any time from Your Account settings. By upgrading, You agree to pay the applicable fee for the new Subscription. An upgrade takes effect once the order is finalised. You will be charged a prorated amount based on Your most recent payment and the price of the new Subscription level, and Your next renewal date will be 30 days (for monthly Subscriptions) or 12 months (for yearly Subscriptions) from the date of the upgrade.

You may downgrade to a lower Subscription level at any time from Your Account settings. A downgrade takes effect immediately. From that date, features and keyword units not included in the lower Subscription level will no longer be available. Except as provided in Section 13.3 (30-day money-back guarantee), You are not entitled to a refund or credit for fees already paid for the current billing period, including any remaining portion of a higher Subscription level after a downgrade. Changes from yearly to monthly billing can be made by contacting Support.

4.3 Auto-Renewal. Subscriptions recur either monthly or annually, depending on the renewal term You selected during Registration. You are responsible for taking action prior to renewal if You do not wish Your Subscription to renew automatically. Caphyon may not send additional renewal reminders beyond the initial registration confirmation; it is Your responsibility to check Your Subscription and Billing page for renewal dates.

4.4 Merchant of Record and Payment Methods. Subscriptions purchased online are sold by Caphyon’s authorized reseller, 2Checkout (Verifone) (“2Checkout”), which acts as merchant of record. 2Checkout processes Your order, charges Your payment method, collects the applicable Taxes, and issues Your invoice, and its own terms of sale and Privacy Policy apply to the purchase transaction. Your access to and use of the Service are governed by these Terms, and Caphyon remains responsible to You for providing the Service. You are responsible for ensuring that the credit card or other payment method associated with Your Subscription is current, that the information provided in connection with it is accurate, and that You are authorized to use it. By providing a payment method, You authorize 2Checkout to charge it, on a recurring basis at the start of each billing period until Your Subscription is cancelled or terminated, for all fees and Taxes applicable to Your Subscription, including charges for upgrades under Section 4.2. 2Checkout may place a temporary pre-authorization on Your payment card to verify it. Payment card details are collected and stored by 2Checkout, not by Caphyon. If a charge fails, 2Checkout may retry it. If Your payment method cannot be charged, Caphyon or 2Checkout will notify You and Section 4.6 shall apply.

4.5 Enterprise Agreements. Caphyon invoices fees directly only to customers that have signed a separate Enterprise agreement with Caphyon. As stated at the beginning of these Terms, existing Enterprise customers with a signed custom contract or SLA are governed by that contract, including as to fees, invoicing, payment terms, and Taxes.

4.6 Late Payment and Suspension. If You fail to pay any amount when due, Caphyon may, after sending a reminder and allowing a reasonable grace period of no less than 30 days, suspend Your access to the Service until all overdue amounts are paid in full. Suspension does not relieve You of Your obligation to pay outstanding fees. Upon receipt of full payment, Caphyon will restore access to the Service promptly. If the overdue amounts remain unpaid after suspension, Caphyon may terminate these Terms in accordance with Section 13.6, and User Data will be handled in accordance with Section 7.8.

4.7 Taxes and Currency. Unless stated otherwise, all fees are exclusive of value added tax (VAT), sales, use, goods and services, withholding, and similar taxes (“Taxes”). You are responsible for all Taxes associated with Your Subscription, other than taxes on the net income of Caphyon or 2Checkout. As merchant of record, 2Checkout determines, charges, and collects the Taxes applicable to Your order based on the billing information You provide, and shows them at checkout and on Your invoice. If You are a business and provide a valid VAT or other tax identification number, 2Checkout will apply the reverse-charge mechanism or any other exemption where applicable law permits, in which case You are responsible for accounting for the relevant Taxes in Your jurisdiction. You must keep Your billing details, including Your legal name, billing address, and VAT or other tax identification number, accurate and up to date; if You do not provide valid tax information, the Taxes applicable in the absence of such information will be charged. If applicable law requires You to withhold or deduct any Taxes from a payment, You will increase the payment so that the full amount of the fees is received without the withholding or deduction. Fees are charged in the currency shown at checkout or on Your invoice; any currency conversion charges or exchange rate differences applied by Your bank or payment provider are borne by You.

4.8 Price Changes. Caphyon may change the fees for its Subscriptions from time to time. Changed fees apply to new Registrations and new Subscriptions from the date they are published on the Website. For an existing Subscription, a fee change takes effect only from the start of the first renewal term that begins at least thirty (30) days after Caphyon notifies You of the change by email. If You do not agree to the new fees, You may cancel Your Subscription under Section 13.2 before that renewal, in which case Your Subscription will not renew and the new fees will not apply to You. Promotional or discounted prices apply only for the period stated in the relevant offer, after which the then-current standard fees apply, subject to the notice set out in this Section. Fee changes are governed by this Section and not by Section 19.

4.9 Set-off and Withholding. You may set off against amounts due to Caphyon only claims that are undisputed by Caphyon or confirmed by a final court decision. You may withhold payment of amounts due only on the basis of claims arising under these Terms.

5. Free Trial Period

5.1 Trial Access. From time to time, Caphyon may offer You access to the Service on a trial basis, free of charge, for a limited period as determined by Caphyon (“Trial Period”).

5.2 Scope. During the Trial Period, the Service is provided solely for the purpose of evaluating whether the Service meets Your needs. Caphyon may, at its discretion, limit the features, functionality, data volume, or usage available during the Trial Period.

5.3 No Service Level Commitment. The Availability target and maintenance commitments set out in Section 3 do not apply during the Trial Period. Caphyon will use reasonable efforts to keep the Service accessible during the trial but makes no guarantees regarding uptime, support response times, or data continuity.

5.4 Termination of Trial. Caphyon reserves the right to suspend or terminate the Trial Period at any time, with or without notice. At the end of the Trial Period, continued use of the Service requires a paid Subscription. If You do not subscribe to a paid plan, Your access to the Service will be disabled.

5.5 Trial Data. Any User Data created during the Trial Period will be retained in Your Account if You subscribe to a paid plan before or promptly after the Trial Period ends. If You do not subscribe, Caphyon reserves the right to delete Your Account and associated User Data after a reasonable retention period.

6. Use of the Service

6.1 Registration and Eligibility. The Service is intended for use for business or professional purposes. By registering, You confirm that You are using the Service in the course of Your trade, business, craft, or profession, and not as a consumer. The Service is made available in accordance with the EU General Data Protection Regulation (GDPR). You must be at least eighteen (18) years old and have the legal capacity to enter into contracts to use the Service. Upon registering, You must provide current and accurate identification information and any other Personal Data required during the Registration process and/or use of the Service. You are responsible for maintaining the confidentiality of Your Account credentials and password, and for all activities performed under Your Account. Caphyon will not be liable for any loss or damage resulting from Your failure to comply with this security obligation.

6.2 Lawful Use. You agree that You will use the Service in compliance with all applicable local, state, national, and international laws, rules, and regulations, including any laws regarding the transmission of technical data exported from Your country of residence.

6.3 Prohibited Conduct. You shall not, shall not agree to, and shall not authorize or encourage any third party to:

• use the Service to upload, transmit, or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, or obscene, or that contains viruses or other harmful code;

• upload, transmit, or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual, or fiduciary rights or obligations;

• upload, transmit, or otherwise distribute Personal Data that infringes data protection legislation in force, including the GDPR;

• reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service or any part thereof;

• use any robot, spider, scraper, or other automated means to access, monitor, or copy the Service or the Website or extract data from them, except through APIs expressly made available by Caphyon and used in accordance with their documentation;

• prevent or interfere with others’ use of the Service;

• impose an unreasonable or disproportionately large load on the Service or its infrastructure;

• probe, scan, or test the vulnerability of the Service, or breach or circumvent any security or authentication measures, except as part of a responsible disclosure process agreed with Caphyon in writing;

• circumvent or attempt to circumvent any usage limits, quotas, Subscription Attributes, or other technical restrictions of the Service;

• register an Account using false identity information or by automated means, or create multiple Accounts in order to obtain additional free trials or otherwise avoid the limits of a Subscription;

• knowingly take advantage of an obvious pricing error, bug, or defect in the Service instead of reporting it to Caphyon;

• use the Service or Output to develop or offer a product or service that competes with the Service, or to build or train artificial intelligence or machine learning models, datasets, or databases intended for use by third parties, except as permitted under Section 8.6;

• use the Service, including AI Features, for any practice prohibited under Article 5 of Regulation (EU) 2024/1689 (the “AI Act”), or as part of a high-risk AI system within the meaning of Article 6 of the AI Act;

• use the Service for any fraudulent or inappropriate purpose;

• resell, sublicense, or otherwise make the Service available to third parties, unless expressly authorized by Caphyon in writing; inviting Users under Section 6.7 and sharing Output under Section 8.6 are permitted.

6.4 AI Feature Usage. Where You use AI Features, You acknowledge and agree that:

• You are solely responsible for the prompts, queries, and other Input You provide to AI Features;

• You must independently evaluate and verify any Output before relying on it for business decisions, client deliverables, or any other purpose;

• Output may contain inaccuracies, omissions, or outdated information, and Caphyon does not review, validate, or endorse any Output;

• You will not represent AI-generated Output as professional advice from Caphyon.

6.5 Overuse and Unintended Use. Caphyon reserves the right to suspend or restrict Your access to the Service if Your usage materially exceeds reasonable patterns for Your Subscription level, or if You use the Service for purposes not intended or anticipated, as determined by Caphyon at its reasonable discretion. Where feasible, Caphyon will notify You before taking such action and offer the opportunity to adjust Your usage or upgrade Your Subscription.

6.6 Enforcement. Caphyon may suspend Your access to the Service immediately, without prior notice, where this is reasonably necessary to prevent or stop a security threat, unlawful activity, or harm to the Service, to other users, or to third parties. Caphyon may also suspend or restrict the Service, or any part of it, to the extent and for as long as this is required by applicable law or by an order or binding request of a court or competent authority. Any other violation of these Terms is handled in accordance with Section 13.6. Violations may also subject You to penalties and other legal consequences under applicable law. Caphyon reserves the right, but shall have no obligation, to investigate Your use of the Service in order to determine whether a violation of these Terms has occurred or to comply with any applicable law, regulation, legal process, or governmental request.

6.7 Organizations and Invited Users. If You register on behalf of a company or other organization, You represent that You have the authority to bind that organization to these Terms, and “You” refers to that organization. You may invite Users to access Your Account. You are responsible for ensuring that all Users of Your Account comply with these Terms, and for all activities performed by them under Your Account, as if those activities were Your own. Each User must use their own login credentials, and credentials may not be shared among several individuals. If You become aware of any unauthorized access to or use of Your Account or the Service, You must notify Caphyon without undue delay, take reasonable steps to stop it, and cooperate with Caphyon to stop and prevent it.

6.8 Sanctions and Export Control. You represent and warrant that neither You, nor any User of Your Account, nor any person that owns or controls You, is the subject or target of sanctions administered by the European Union, the United Nations, or any other sanctions authority whose rules apply to Caphyon or to its External Suppliers in connection with the Service, and that none of them is located, organized, or resident in a country or territory subject to comprehensive sanctions or embargoes under such rules. You will not use the Service, or permit it to be used, in breach of applicable export control or sanctions laws. If this representation ceases to be true, or Caphyon reasonably determines that continuing to provide the Service to You would breach export control or sanctions laws applicable to it or its External Suppliers, Caphyon may suspend or terminate Your access to the Service with immediate effect, without a cure period. In that case, Caphyon will refund any prepaid fees for the period after the termination effective date on a pro-rata basis, to the extent permitted by applicable sanctions laws.

6.9 Suspension Notice and Appeal. Where Caphyon suspends or restricts Your access to the Service under Sections 4.6, 6.5, 6.6, 6.8, or 6.10, it will inform You of the reason, unless doing so is prohibited by law or would compromise the security of the Service or an ongoing investigation, and will restore access promptly once the cause has been resolved. You may contest any suspension, restriction, or termination by writing to legal@caphyon.com. Caphyon will review Your request and respond without undue delay.

6.10 API Use. Where Your Subscription includes access to the API, the following applies in addition to the rest of these Terms:

• Scope. You may use the API only to integrate Your own systems, and the systems of Your clients as described in Section 8.6, with the Service, in accordance with the API documentation and the Attributes of Your Subscription. You may not make the API itself, or access to the Service through it, available to third parties.

• API keys. API keys and other access tokens issued to You are Account credentials under Section 6.1. You must keep them confidential, must not embed them in publicly accessible code, and are responsible for all use of the API made with them. If You become aware that an API key has been compromised, You must revoke it or notify Caphyon without undue delay.

• Rate limits. The API is subject to rate limits, quotas, and other usage limits set out in the API documentation or in Your Subscription. Caphyon may change these limits and will notify You in advance of any change that materially reduces them, by email or in the API documentation. If You exceed the applicable limits, Caphyon may throttle, queue, or temporarily block Your API requests until Your usage returns within the limits.

• Changes to the API. Caphyon may change, version, or deprecate API endpoints and functionality. Where a change removes an endpoint or functionality that is not identified as beta, or is not backward compatible, Caphyon will give You at least 30 days’ prior notice where reasonably practicable, except where the change is required for security reasons, by law, or by a Dependency Change under Section 2.9.

• End of access. Your right to use the API ends when Your Subscription ends, or earlier if Your Subscription no longer includes API access.

7. Content of the Service and Customer Data

7.1 Customer Data Ownership. Any data that You create, upload, or submit to Your Account in the course of using the Service constitutes User Data and remains Your property. Caphyon does not claim any ownership in any of Your Content, including any text, data, information, images, or other material that You upload, transmit, or store in Your Account.

7.2 License to Process. By providing User Data, You grant Caphyon a limited, non-exclusive license to collect, store, and process that data solely to the extent necessary to provide the Service and fulfill its contractual obligations under these Terms. Caphyon will not use Your User Data for any other purpose without Your consent, except as set out in Sections 7.9 and 7.12.

7.3 Personal Data. If Your User Data includes Personal Data, You are fully responsible for verifying that You have the necessary rights and consents to submit that Personal Data to the Service in accordance with applicable data protection laws, including the GDPR. Personal Data submitted to the Service is processed in accordance with the Data Processing Addendum. The Service is not designed to process sensitive data. You must not submit to the Service, including through AI Features: special categories of Personal Data under Article 9 of the GDPR; Personal Data relating to criminal convictions and offences under Article 10 of the GDPR; protected health information as defined under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”); payment card data; or government-issued identification numbers. Caphyon is not a business associate under HIPAA and has no liability for any such data submitted in breach of this Section.

7.4 External Connections. The Service allows You to establish connections with External Suppliers such as, without limitation, Google Analytics, Google Search Console, and other third-party platforms. These connections are optional; the Service is operational without them. Connections can only be initiated manually from Your Account. During the connection process, credentials for the External Supplier are not shared with the Service. Data gathered through these connections forms part of Your User Data. By establishing a connection, You authorize Caphyon to obtain and securely store the access tokens issued by the External Supplier, and to retrieve and process data from the connected platform on Your behalf to provide the Service. You may revoke a connection at any time from Your Account or from the External Supplier’s settings. Your use of a connected platform is governed by the External Supplier’s own terms, which You are responsible for complying with, and You must have the rights needed to connect the accounts and properties You connect. If an External Supplier modifies, restricts, or withdraws access to its platform or API, Caphyon may modify, suspend, or discontinue the related connection in accordance with Section 2.5. Caphyon is not responsible for the availability, accuracy, or security of the connected platform itself, or for how the External Supplier processes data on its own systems.

7.5 Third-Party Content. Caphyon takes no responsibility for third-party content available through or displayed within the Service, including without limitation any viruses or other disabling features. Caphyon has no obligation to monitor such third-party content. Caphyon reserves the right at all times to remove or refuse to distribute any content on the Service that violates these Terms.

7.6 Confidentiality. This section applies equally to You and to Caphyon.

• Confidential Information. “Confidential Information” means any non-public information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) in connection with these Terms or the Service that is marked as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure. Your Confidential Information includes Your User Data. Caphyon’s Confidential Information includes non-public features of the Service (including beta, experimental, or preview features), product roadmaps, security documentation, and any non-public pricing or commercial terms offered to You.

• Exclusions. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was lawfully known to the Receiving Party before disclosure, free of any confidentiality obligation; (c) is lawfully received from a third party without a duty of confidentiality; or (d) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.

• Obligations. The Receiving Party will use the Disclosing Party’s Confidential Information only to exercise its rights and perform its obligations under these Terms, and will protect it with at least the same degree of care it uses for its own confidential information of a similar nature, and in no event less than reasonable care. The Receiving Party may disclose Confidential Information only to its employees, contractors, External Suppliers (in the case of Caphyon), and professional advisers who need to know it for those purposes and who are bound by confidentiality obligations at least as protective as this section. The Receiving Party is responsible for any breach of this section by the persons to whom it discloses Confidential Information.

• Compelled Disclosure. The Receiving Party may disclose Confidential Information to the extent required by law, court order, or a competent authority, provided that, where legally permitted, it gives the Disclosing Party prompt prior notice and reasonable assistance, at the Disclosing Party’s expense, so that the Disclosing Party may seek a protective order or other confidential treatment, and discloses only the portion that is legally required.

• Duration. These obligations apply during the term of these Terms and for three (3) years after its termination; for trade secrets, they continue for as long as the information remains a trade secret under applicable law. User Data remains subject to Sections 7.8 and 10 and the Data Processing Addendum for as long as Caphyon holds it.

Sections 7.7, 7.12 and 10.2 continue to apply notwithstanding this Section 7.6. In particular, the submission of tracked keywords and prompts to search engines and AI platforms, including through their public interfaces, as described in Section 7.12, is not a disclosure of Confidential Information in breach of this Section 7.6.

7.7 Content Access and Disclosure. Caphyon reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to:

• satisfy any applicable law, regulation, legal process, or governmental request;

• enforce these Terms, including investigation of potential violations;

• detect, prevent, or otherwise address fraud, security, or technical issues;

• respond to user support requests;

• protect the rights, property, or safety of Caphyon, its users, and the public.

Caphyon is not responsible or liable for the exercise or non-exercise of its rights under this section.

7.8 Data Return and Deletion. This section governs User Data whenever Your Account is cancelled or terminated, for any reason.

• Termination Date. The “Termination Date” is the date on which Your access to the Service ends: for a cancellation under Section 13.2, the end of Your current billing period; in all other cases, the effective date of the termination.

• End of processing. From the Termination Date, Caphyon will stop collecting new data for Your Account (such as scheduled rank tracking and AI Visibility captures) and will only store User Data as described below.

• Export Window. For 30 days after the Termination Date (the “Export Window”), You may request an export of Your User Data by contacting Caphyon. Caphyon will provide the export without undue delay in a commonly used, machine-readable format. Before the Termination Date, You may also use the export features available in the Service.

• Archive and deletion. After the Export Window ends, Your User Data will be archived and stored securely in accordance with the Privacy Policy for a period of 6 months, after which it will be permanently deleted from Caphyon’s servers.

• Backups. Copies of deleted User Data may remain in Caphyon’s backups until they are overwritten in the ordinary course of Caphyon’s backup cycle. Until then, they remain protected under Sections 7.6 and 10 and are not used for any purpose other than recovery from an incident. If a backup is restored, Caphyon will delete again any User Data that should already have been deleted.

• Legal retention. Caphyon may retain data beyond these periods only to the extent required by applicable law.

Where You exercise switching rights under Section 15.2, the data retrieval and erasure periods set out there apply instead of the Export Window above.

7.9 Usage Data and Aggregated Data. Caphyon may collect and use: (a) technical and usage information about how the Service is accessed and used, such as feature usage, performance metrics, and error logs (“Usage Data”); and (b) data derived from User Data that has been aggregated with data from other customers and de-identified, so that it does not identify You, any User, Your clients, or any individual, and cannot reasonably be used to re-identify them (“Aggregated Data”). Caphyon may use Usage Data and Aggregated Data to operate, maintain, secure, and improve the Service, to compile statistics, to develop and train models as permitted by Section 7.10, and to develop and publish industry benchmarks, trends, and research, for example on search engine and AI visibility trends. Caphyon will not disclose Aggregated Data in any form that identifies You, Your Users, or Your clients, or that associates any website, keyword, or other item tracked in Your Account with You. Data obtained through External Connections under Section 7.4 is used for Aggregated Data only to the extent permitted by the terms of the relevant External Supplier. Where Usage Data includes Personal Data, it is processed in accordance with the Privacy Policy, and any anonymization is carried out in accordance with the GDPR. Caphyon owns all rights in Usage Data and Aggregated Data, which do not constitute User Data.

7.10 No AI Training on Your Data. Caphyon does not use User Data, Input, Output, or Usage Data to train or fine-tune artificial intelligence or machine learning models, whether its own or those of third parties. Caphyon may use Aggregated Data to develop, train, fine-tune, and improve the artificial intelligence and machine learning models and features that Caphyon uses to provide its products and services, but will not provide Aggregated Data to third parties for training their own models. Where Caphyon sends Input or User Data to AI platforms or large language models provided by External Suppliers through their APIs, including to provide AI Features and to capture AI responses for the items You track, Caphyon uses them under terms that do not permit the External Supplier to use such data to train its models. This does not apply to tracked keywords and prompts submitted through the public interfaces of search engines and AI platforms under Section 7.12, which their providers may use under their own terms.

7.11 Shared Reports and Links. The Service may allow You to send Output to third parties, for example through scheduled email reports, or to make Output accessible through shareable links. You are responsible for choosing the recipients and for any access to Output shared in this way. Anyone who has a shareable link may be able to access the related Output without logging in, until You disable the link. Recipients may keep copies of Output they receive, and Caphyon cannot recall Output once it has been shared. Caphyon is not responsible for any disclosure resulting from Your sharing of Output.

7.12 Public Data. In providing the Service, Caphyon collects publicly available information, such as search engine results pages, responses generated by AI platforms and large language models, and publicly accessible web content (“Public Data”). Public Data is not created by You, and Your rights in User Data under Section 7.1 do not give You exclusive rights in the underlying Public Data. The same Public Data may be collected for, and form part of the User Data of, several customers; for example, a single capture of search results or AI responses for a given query, location, and device may be used for every Account that tracks that query. Caphyon may store, reuse, and use Public Data to provide and improve the Service and to create Aggregated Data under Section 7.9, provided that Caphyon does not attribute Public Data to You and does not disclose which keywords, prompts, websites, competitors, or other items You track. Your configuration of the Service, including the items You track, and the results compiled for Your Account remain User Data and form part of Your exportable data under Section 15.3.

To collect Public Data for the items You track, Caphyon submits Your tracked keywords and prompts, with the related settings such as location, device, and language but without identifying You or Your Users, to search engines and AI platforms, either through their APIs or through their publicly available interfaces, directly or through External Suppliers that collect such data for Caphyon. Where a keyword or prompt is submitted through a public interface, the provider of the search engine or AI platform processes it under its own terms and privacy policy, in the same way as a query from any other user, and may retain it and use it to improve its services, including to train its models. Caphyon has no control over such use. The AI platforms that Caphyon accesses through public interfaces are identified in the Data Processing Addendum. You should not include in tracked keywords or prompts any information that You do not want disclosed to these providers, including Personal Data unless it is necessary and You have a lawful basis for it, as set out in the Data Processing Addendum.

Use of Public Data, and the submission of tracked keywords and prompts, in accordance with this Section are not a breach of Sections 7.2 or 7.6. Where Public Data contains Personal Data, Caphyon processes it in compliance with applicable data protection laws, including the GDPR. Nothing in this Section permits Caphyon to use User Data, Input, or Output in breach of Section 7.10.

8. Intellectual Property Rights

8.1 Service IP. You acknowledge that Caphyon owns all right, title, and interest in and to the Service and the Website, including without limitation all intellectual property rights in any and all text, graphics, software, data, information, images, music, sound, video, audiovisual works, and data associated with the Service, excluding User Data (the “Caphyon Rights”). Caphyon Rights are protected by applicable intellectual property laws. Caphyon grants You a limited, non-exclusive, non-transferable right to access and use the Service during the term of Your Subscription, in accordance with these Terms and the Attributes of Your plan.

8.2 Restrictions. Except as expressly permitted by these Terms, including Section 8.6, You will not copy, reproduce, alter, modify, distribute, publicly display, create derivative works from, or otherwise exploit the Service or the Website, including their visual interfaces, design, and software, in whole or in part. Automated access to the Service and the Website is governed by Section 6.3. Caphyon Rights do not include User Data or third-party content used as part of the Service. All rights not expressly granted to You in these Terms are reserved by Caphyon.

8.3 Customer Content. Ownership and use of Your Content are governed by Sections 7.1, 7.2, 7.9, and 7.12.

8.4 Trademarks. The terms “Caphyon” and “Advanced Web Ranking” and anything on the Website that identifies or distinguishes Caphyon or the Service from other goods and services are registered or unregistered trademarks of Caphyon (the “Caphyon Trademarks”). Except as otherwise permitted by law, You agree not to display or use in any manner the Caphyon Trademarks without Caphyon’s prior written consent.

8.5 Copyright Infringement. If You believe that Your work has been used in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please notify Caphyon at legal@caphyon.com. You must provide all of the following in writing:

• identification of the copyrighted work that You claim has been infringed (or if multiple copyrighted works, a representative list of such works);

• identification of the content on the Service and/or the Website that You claim is infringing, with enough detail for Caphyon to locate it;

• a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• a statement by You declaring that the notification is accurate, and, under penalty of perjury, that You are the exclusive owner of the copyright interest involved or that You are authorized to act on behalf of the exclusive owner;

• information reasonably sufficient to permit Caphyon to contact You, such as an address, telephone number, and email address;

• Your physical or electronic signature.

Upon receipt of such notice, Caphyon will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Service.

8.6 Output and Reports. As between You and Caphyon, and subject to Your compliance with these Terms and payment of the applicable fees, You own the Output generated for Your Account, including reports, exports, and AI-generated insights, to the extent any rights exist in it. You may use, copy, modify, and share Output, including reports branded with Your own name or logo, with Your clients and other third parties for Your business purposes, including when providing search engine optimization and digital marketing services to Your clients. This includes delivering Output to Your clients, or to systems that You or Your clients control, through the export and integration features of the Service, such as data warehouse exports (for example, to Google BigQuery), dashboard connectors (for example, Looker Studio), the API, FTP or scheduled file exports, and shared or white-label reports, and storing, combining, and analyzing that Output in those systems. This does not permit You to give third parties access to the Service or Your Account, except by inviting Users under Section 6.7, or to sell, license, or distribute Output as a standalone data product, dataset, or feed offered to third parties generally, rather than as part of the services You provide to a specific client. Caphyon Rights embedded in Output, such as report templates, layouts, scoring methodologies, and Caphyon Trademarks, remain the property of Caphyon, and data from External Suppliers included in Output remains subject to the rights of those External Suppliers. Output, including Output generated by AI Features, is not necessarily unique: other users of the Service may receive similar or identical Output, and You acquire no rights in Output generated for other users.

8.7 Feedback. You are not obliged to provide Caphyon with suggestions, ideas, feature requests, bug reports, or other feedback about the Service (“Feedback”). If You or any User provides Feedback, You grant Caphyon a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, copy, modify, and exploit the Feedback for any purpose, including to improve the Service and to develop new products and features, without any obligation or compensation to You. Feedback is not Your Confidential Information, but Caphyon will not publicly identify You as the source of Feedback without Your consent. This Section does not give Caphyon any rights in User Data that You include in Feedback, which remains subject to Section 7.

9. Representations and Warranties

9.1 You represent and warrant that:

• all information provided by You to Caphyon in connection with Your Registration and use of the Service is correct, current, and complete;

• You have all necessary right, power, and authority to enter into these Terms and to perform the acts required of You hereunder;

• You have all rights, licenses, and permissions needed to provide any Input to the Service, including any data submitted to AI Features;

• Your use of the Service, including any Content You upload or generate, will not violate any applicable law, regulation, or third-party rights.

10. Privacy and Security

10.1 Personal Data Protection. Caphyon will never share Your Personal Data with any third party except as provided by these Terms and the Privacy Policy. All Personal Data will be collected and processed in compliance with applicable data protection laws, including the GDPR.

10.2 Lawful Disclosure. Caphyon may monitor or disclose Your Personal Data, including the content of Your communications, if required to do so in order to comply with any valid legal process or governmental request (including, but not limited to, pursuant to a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms and the Privacy Policy.

10.3 Data Security. Caphyon is committed to ensuring that Your information is protected against unauthorized access, processing, distribution, or erasure. Personal Data that is collected by or sent to Caphyon is stored and processed on secure servers. Caphyon maintains and regularly reviews a security program with appropriate technical and organizational measures, taking into account the state of the art, the costs of implementation, and the nature and risks of the processing. These measures include physical and logical access controls, restriction of access to User Data to authorized personnel on a need-to-know basis, encryption of data in transit, logging of access to production systems, regular backups, and failover arrangements. The technical and organizational measures applicable to Personal Data are described in more detail in the Data Processing Addendum. Caphyon may update these measures from time to time, provided that the overall level of security is not materially reduced.

10.4 Employee Obligations. All Caphyon employees who handle Personal Data and/or User Data are subject to contractual obligations of privacy, security, and confidentiality.

10.5 International Data Transfers. Caphyon transfers User Data outside the European Economic Area only where necessary to provide the Service, for example to External Suppliers based in the United States. Any such transfer of Personal Data is made only on the basis of an appropriate transfer mechanism under Chapter V of the GDPR, such as an adequacy decision (including the EU-U.S. Data Privacy Framework, for suppliers certified under it) or Standard Contractual Clauses, as further described in the Data Processing Addendum. This does not apply to tracked keywords and prompts submitted through the public interfaces of search engines and AI platforms under Section 7.12, which are submitted at Your instruction in the same way as a query from any other user; for this reason, You should not include Personal Data in them unless it is necessary and You have a lawful basis for it, as set out in the Data Processing Addendum. Caphyon will not transfer User Data outside the European Economic Area for any other purpose without Your prior written approval.

10.6 Compliance. Caphyon will provide the Service in compliance with all applicable local, state, national, and international laws, rules, and regulations.

11. Limitation of Liability

11.1 Unlimited Liability. Caphyon shall be liable without limitation for:

• damages caused by intentional misconduct or gross negligence on the part of Caphyon, its legal representatives, or its vicarious agents;

• damages resulting from injury to life, body, or health caused by any negligence on the part of Caphyon;

• any other liability that cannot be limited or excluded under applicable mandatory law.

11.2 Liability for Ordinary Negligence — Essential Obligations. In cases of ordinary (slight) negligence, Caphyon shall only be liable for the breach of essential contractual obligations. Essential obligations are those duties that are fundamental to the contract and on whose fulfillment You may reasonably rely. In such cases, Caphyon’s liability shall be limited to the damages that were foreseeable at the time of entering into the contract and typical for this type of contract. In any event, Caphyon’s aggregate liability under this Section 11.2 shall not exceed the total fees paid by You to Caphyon in the twelve (12) months immediately preceding the event giving rise to the claim.

11.3 Exclusion of Non-Essential Negligence. Caphyon shall not be liable for breaches of duty caused by slight negligence where those duties are not essential contractual obligations as defined in Section 11.2.

11.4 Indirect and Consequential Damages. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CAPHYON SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF CAPHYON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.5 Specific Disclaimers. Without limiting the foregoing, Caphyon shall not be liable for:

• any loss or damage resulting from Your reliance on Output generated by AI Features, including decisions made on the basis of AI-generated insights, recommendations, or analytics;

• the accuracy, completeness, or usefulness of any information, data, or content provided through the Service, including data obtained from External Suppliers or Third-Party Components;

• any delay, interruption, or failure of Third-Party Components, including large language model providers, analytics platforms, and external data sources;

• any loss or damage resulting from Your failure to maintain the confidentiality of Your Account credentials.

11.6 Extension to Personnel. To the extent Caphyon’s liability is limited or excluded under this Section 11, the same limitations and exclusions apply to the personal liability of Caphyon’s officers, directors, employees, agents, and subcontractors.

11.7 Force Majeure. Neither party shall be liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including without limitation internet failures, computer or telecommunications equipment failures, electrical power failures, strikes, labor disputes, riots, civil disturbances, fires, floods, storms, pandemics, acts of God, war, terrorism, cyberattacks that could not have been prevented by reasonable security measures, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties (“Force Majeure”). This does not apply to Your obligation to pay fees and Taxes. The affected party will inform the other party without undue delay and use reasonable efforts to limit the effects of the Force Majeure. If Force Majeure prevents Caphyon from providing the Service, or a substantial part of it, for more than 30 consecutive days, either party may terminate these Terms by written notice with immediate effect, and Caphyon will refund any prepaid fees for the period following the termination effective date on a pro-rata basis.

11.8 Fundamental Element. You acknowledge that Caphyon cannot provide the Service at a reasonable price without limiting its liability as set forth in this Section 11, and that the limitations contained herein represent a fair and reasonable allocation of risk between the parties. This limitation of liability is a fundamental element of the basis of the bargain between Caphyon and You.

11.9 Aggregate Limit. SUBJECT TO SECTION 11.1, CAPHYON’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND THE SERVICE, FOR ALL CLAIMS COMBINED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER AN INDEMNITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO CAPHYON IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM. IF YOU HAVE NOT PAID ANY FEES TO CAPHYON, INCLUDING DURING A TRIAL PERIOD, THIS AGGREGATE LIMIT IS ONE HUNDRED EUROS (EUR 100).

11.10 Payment Obligations. Nothing in this Section 11 limits or reduces Your obligation to pay the fees and Taxes due under these Terms, and such amounts are not offset against any limitation of liability.

12. Indemnification

12.1 Customer Indemnification. You agree to indemnify, defend, and hold harmless Caphyon, and its subsidiaries, affiliates, officers, directors, employees, agents, and successors from and against any third-party claim, demand, action, or proceeding arising from or in any way related to:

• Your misuse of the Service, or Your use of the Service in breach of these Terms;

• Your breach of these Terms;

• Your violation of any applicable law, regulation, or third-party rights;

• any User Data or Input You provide to the Service, including Input submitted to AI Features;

including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and reasonable attorneys’ fees of every kind and nature.

12.2 Notice and Cooperation. In the event of any such claim, Caphyon will provide You with prompt written notice. You shall have the right to assume control of the defense of the claim at Your own expense. Caphyon will provide reasonable cooperation in the defense of any such claim at Your expense. Caphyon may participate in the defense with counsel of its choice at its own expense. You may not settle any claim in a manner that admits fault on the part of Caphyon or imposes any obligation on Caphyon without Caphyon’s prior written consent, which shall not be unreasonably withheld.

12.3 Caphyon Indemnification. Caphyon will defend You against any third-party claim alleging that Your use of the Service in accordance with these Terms infringes that third party’s copyright or registered trademark (an “IP Claim”), and will pay the damages and costs finally awarded against You by a competent court, or agreed by Caphyon in a settlement, in respect of the IP Claim.

12.4 Exclusions. Caphyon has no obligation under Section 12.3 for any IP Claim to the extent it arises from:

• User Data, Input, or other Content You provide to the Service;

• Output generated by AI Features, or data and content provided by External Suppliers or Third-Party Components;

• the combination of the Service with any product, service, data, or process not provided by Caphyon, where the IP Claim would not have arisen without that combination;

• any modification of the Service not made by or on behalf of Caphyon;

• Beta Features or the free Trial Period;

• Your use of the Service in breach of these Terms, or Your continued use of the allegedly infringing part of the Service after Caphyon has notified You to stop and provided a non-infringing alternative under Section 12.6.

12.5 Procedure. Caphyon’s obligations under Section 12.3 are conditional on You: (a) notifying Caphyon in writing of the IP Claim without undue delay, although a delay relieves Caphyon of its obligations only to the extent it is prejudiced by it; (b) giving Caphyon sole control of the defense and settlement of the IP Claim, provided that Caphyon will not agree to any settlement that admits fault on Your part or imposes any obligation on You other than ceasing use of the affected part of the Service, without Your prior written consent; and (c) providing reasonable cooperation, at Caphyon’s expense. You may participate in the defense with counsel of Your choice at Your own expense.

12.6 Remedies. If the Service becomes, or in Caphyon’s reasonable opinion is likely to become, the subject of an IP Claim, Caphyon may, at its option and expense: (a) obtain for You the right to continue using the Service; (b) modify or replace the affected part of the Service so that it becomes non-infringing while providing materially equivalent functionality; or (c) if neither option is commercially reasonable, terminate Your Subscription by written notice and refund any prepaid fees for the period following the termination effective date on a pro-rata basis.

12.7 Exclusive Remedy. Sections 12.3 to 12.6 state Caphyon’s entire liability, and Your exclusive remedy, for any IP Claim, and are subject to Section 11, including the aggregate limit in Section 11.9.

13. Term and Termination

13.1 Contract Term. The contract for use of the Service begins when You accept these Terms and complete Registration. The term of the contract corresponds to Your chosen Subscription — either monthly or annual — as selected during Registration or as subsequently changed through Your Account settings.

13.2 Cancellation. You may cancel Your Account at any time by selecting the “Cancel subscription” option in the Subscription Cancellation section of Your Account Settings. For security reasons, an email or phone call to Caphyon is not sufficient to cancel Your Account or Subscription. This does not affect Your right to terminate by written notice under Sections 2.9, 3.1, 11.7, 13.6 and 19.4 and Section 5.3 of the Data Processing Addendum, or to initiate switching under Section 15. Upon cancellation, Your Subscription will not renew and You will not be billed again. You will continue to have access to the Service until the end of Your current billing period.

13.3 30-Day Money-Back Guarantee. If You are not satisfied with Your Subscription, You may request a full refund, minus any costs involved in the bank transfer, within 30 days of Your initial subscription date. The money-back guarantee applies only to the first paid Subscription purchased by You or Your organization, and only once per customer; it does not apply to renewals, to upgrades of an existing Subscription, or to new Subscriptions purchased after an earlier Subscription has ended. Refund requests must be submitted to Caphyon by email. Approved refunds are issued by 2Checkout to the payment method used for the original purchase and are typically processed within 7 business days of approval; the time until the refund appears on Your statement depends on Your bank or payment provider.

13.4 Refunds. Except as expressly provided in Sections 2.9, 3.1, 6.8, 11.7, 12.6, 13.3, 13.5, 13.8 and 15.5 and Section 5.3 of the Data Processing Addendum, Caphyon is not obligated to provide a refund. If You cancel Your Account during a Subscription term, You will not receive a refund in whole or in part for the current period. Downgrades are handled as described in Section 4.2 and do not entitle You to a refund. Any refund due under these Terms is issued by 2Checkout to the payment method used for the original purchase.

13.5 Termination by Caphyon Without Cause. Caphyon may at any time terminate or discontinue the Service or terminate these Terms by providing You at least 30 days’ prior notice via email. In the event of such termination, Caphyon will refund any prepaid fees for the period following the termination effective date on a pro-rata basis.

13.6 Termination for Cause. Either party may terminate these Terms with immediate effect for cause if the other party commits a material breach of these Terms that remains uncured for 14 days after written notice specifying the breach. Cause for Caphyon includes, without limitation:

• serious or repeated violations of these Terms, including misuse of the Service or prohibited conduct under Section 6;

• persistent non-payment of fees after the reminder and grace period under Section 4.6, in which case no additional cure period applies;

• insolvency, bankruptcy, or cessation of business operations by You.

Pending the end of the cure period, Caphyon may suspend or restrict Your access to the Service only in the cases described in Sections 4.6, 6.5, 6.6, 6.8 and 6.10.

13.7 Post-Termination Data. Upon cancellation or termination of Your Account, for any reason, Personal Data and User Data are handled in accordance with Section 7.8.

13.8 Service Discontinuation. In the event that Caphyon discontinues the Service entirely, Caphyon will refund any prepaid fees for the period in which the Service was not available on a pro-rata basis.

13.9 Surviving Provisions. The following sections shall survive expiration or termination of these Terms: Section 4 (Conditions Governing Subscribers, as to any fees and Taxes accrued before termination), Section 7 (Content of the Service and Customer Data), Section 8 (Intellectual Property Rights), Section 10 (Privacy and Security), Section 11 (Limitation of Liability), Section 12 (Indemnification), Section 15 (Data Portability and EU Data Act, until the data retrieval period and erasure under Section 15.2 are completed), Section 16 (Reference and Marketing Use), Section 17 (Governing Law and Jurisdiction), Section 20 (Severability), and Section 21 (Entire Agreement and Final Provisions).

14. Account Inactivity

14.1 This section applies only to Accounts without an active paid Subscription, including trial and expired Accounts. If no User logs in to such an Account for a period of six (6) consecutive months, Caphyon reserves the right to disable or terminate the Account. Where feasible, Caphyon will send a notification to the email address associated with the Account at least 14 days before disabling or terminating it. Upon termination due to inactivity, User Data will be handled in accordance with Section 7.8.

15. Data Portability and EU Data Act

15.1 Data Export. You may export Your User Data at any time during Your Subscription, using the export features available in the Service, in a commonly used, machine-readable format.

15.2 Switching under the Data Act. To the extent Regulation (EU) 2023/2854 (the “Data Act”) applies to the Service, the following applies:

• Switching request. You may request to switch to another provider of data processing services, naming that provider, or to Your own ICT infrastructure, or to have Your exportable data and digital assets erased, by written notice to Caphyon at legal@caphyon.com, subject to a notice period of two (2) months.

• Transitional period. Unless You requested erasure only, a transitional period of 30 calendar days begins at the end of the notice period, during which Caphyon will complete the switch. You may extend the transitional period once, by written notice, for a period You consider more appropriate. If a transitional period of 30 calendar days is technically unfeasible, Caphyon will inform You within 14 working days after receiving Your request, giving its reasons and stating an alternative transitional period, which will not exceed seven (7) months. Service continuity will be ensured throughout the alternative transitional period.

• Caphyon’s obligations during switching. During the notice period and the transitional period, Caphyon will continue to provide the Service under these Terms, provide reasonable assistance to You and to third parties authorized by You in the switching process, support Your exit strategy by providing all relevant information, act with due care to maintain business continuity, provide clear information on known risks to the continuity of the Service, and maintain a high level of security throughout the switching process, in particular for data in transit.

• Data retrieval and erasure. You may retrieve Your exportable data for at least 30 calendar days after the transitional period ends. After that retrieval period, Caphyon will erase all exportable data and digital assets generated by You or relating directly to You, unless retention is required by applicable law, and will confirm the erasure to You on request.

• Completion. Caphyon will notify You when the switching process has been successfully completed or, where You requested erasure only, when the notice period has ended, and these Terms terminate as set out in Section 15.5. These Terms, including the applicable Subscription fees, continue to apply until then.

• Infrastructure information. Information on the location of the infrastructure used to provide the Service, the jurisdictions to which it is subject, and the technical and organizational measures Caphyon applies is set out in the Data Processing Addendum or is available from Caphyon on request. Caphyon applies the same level of security to User Data that is not Personal Data.

15.3 Exportable Data. Exportable data comprises all User Data as defined in Section 1, including keyword and website statistics, rank tracking history, and the metric values and scores displayed in Your Account, together with relevant metadata. It includes Your Account configuration, such as tracked keywords, prompts, websites, competitors, locations, and project settings, and the search results and AI responses captured for Your Account. It does not include Usage Data, Aggregated Data, data specific to the internal functioning of the Service, Caphyon’s proprietary algorithms, models, scoring methodologies, software, or any other Caphyon Rights. Caphyon makes exportable data available through the export features of the Service and, on request, as a full export in a commonly used, machine-readable format, such as CSV or JSON. Search results and AI responses are captured at a specific point in time and cannot be re-generated; they are transferred as data only.

15.4 Switching Charges. Caphyon does not charge switching charges, except that for switching notices received before 12 January 2027 Caphyon may charge reduced charges not exceeding the costs directly linked to the switching process, communicated to You in advance.

15.5 Early Termination of Annual Subscriptions. These Terms terminate upon completion of the switching process or, where You requested erasure only, at the end of the notice period. If this occurs before the end of a prepaid annual Subscription term, the fees for the period from the start of the annual term to the termination effective date are recalculated at Caphyon’s standard month-to-month price for the same plan, counting any partial month as a full month. Caphyon will refund the difference between the annual fee paid and the recalculated amount, if that difference is positive; otherwise no refund is due. You acknowledge that the annual price includes a discount granted in exchange for the full-term commitment, and that this recalculation is a proportionate early termination charge.

15.6 Mandatory Provisions. Any provision of these Terms that is inconsistent with mandatory rights granted to You under the Data Act shall be deemed replaced by the applicable mandatory provisions of the Data Act.

16. Reference and Marketing Use

16.1 Right of Reference. Caphyon may publicly refer to You as a customer of the Service for marketing and promotional purposes. In particular, Caphyon is entitled to use Your company name, logo, and general branding in customer reference lists, on the Website, in presentations, in case studies, and in other marketing materials, both online and offline, provided this is done in a factual and appropriate manner.

16.2 Objection. You may object to such use at any time by providing written notice to Caphyon. Upon receipt of a valid objection, Caphyon will remove Your name, logo, and branding from its marketing materials within a reasonable time, not to exceed 30 days. This does not apply to materials already distributed or published prior to the objection, where recall is not commercially practicable.

16.3 No Confidential Disclosure. Caphyon will not disclose any of Your confidential information, User Data, Account details, or usage metrics in connection with any marketing or reference use under this section.

16.4 Survival. This right of reference shall survive termination of these Terms, unless You object in accordance with Section 16.2.

17. Governing Law and Jurisdiction

17.1 Governing Law. These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of Romania. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms.

17.2 Amicable Resolution and Jurisdiction. The parties will first attempt in good faith to resolve any dispute arising out of or in connection with these Terms amicably. The party raising the dispute will notify the other party in writing, describing the dispute. If the dispute is not resolved within thirty (30) days of that notice, either party may submit it to the competent courts of Craiova, Romania, which shall have exclusive jurisdiction. This does not prevent either party from seeking interim or injunctive relief under Section 17.3, or from taking any step needed to prevent a claim from becoming time-barred.

17.3 Injunctive Relief. Nothing in this section limits either party’s right to seek interim or injunctive relief in any court of competent jurisdiction where necessary to protect its rights or prevent irreparable harm.

17.4 Service of Process. Service of process upon either party shall be valid if served by registered or certified mail, return receipt requested, to the most current address provided by such party.

18. Assignment

18.1 Neither these Terms nor any rights or obligations granted hereunder may be sold, leased, assigned, or otherwise transferred, in whole or in part, by You, whether voluntarily or by operation of law, without the prior written consent of Caphyon. Any such attempted assignment without consent shall be void and of no effect.

18.2 Caphyon may assign these Terms or any of its rights and obligations hereunder to an Affiliate, or to a successor entity in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by these Terms and Your User Data continues to be processed in accordance with the Data Processing Addendum. Caphyon will notify You of any such assignment within a reasonable time. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with Caphyon, where “control” means ownership of more than 50% of the voting interests of an entity or the power to direct its management.

19. Changes to Terms

19.1 New Registrations. Caphyon reserves the right to modify or update these Terms at any time. Any such modifications shall apply to new Registrations from the effective date stated in the updated Terms.

19.2 Existing Subscriptions. For existing Subscriptions, including their renewals, Caphyon will notify You of any proposed changes to these Terms via email at least thirty (30) days in advance of the proposed effective date. The notification will clearly describe the changes being made.

19.3 Deemed Acceptance. If You do not object to the proposed changes in writing (including email) within the thirty-day notice period, the changes shall be deemed accepted by You and will take effect on the proposed effective date. Caphyon will specifically inform You of this deemed-acceptance consequence in the change notification.

19.4 Objection and Termination. If You object to the proposed changes within the notice period, the existing Terms shall continue to apply to Your Subscription for the remainder of Your current billing period. In such case, either party may terminate these Terms by providing written notice before the proposed effective date, with termination taking effect at the end of Your current billing period. If neither party terminates, the existing Terms shall continue to govern Your Subscription until the next renewal, at which point the updated Terms shall apply.

20. Severability

20.1 If any provision of these Terms is or becomes invalid, illegal, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, while preserving its original intent as closely as possible. The validity, legality, and enforceability of all remaining provisions of these Terms shall not be affected or impaired thereby.

21. Entire Agreement and Final Provisions

21.1 Entire Agreement. These Terms, together with the Data Processing Addendum, constitute the entire agreement between You and Caphyon relating to the Service and the Website, and supersede all prior agreements, understandings, representations, and negotiations between the parties, whether oral or written.

21.2 Contract Language. These Terms are published in English. The English version is the binding version for the contractual relationship. Any translation provided is for convenience only; in the event of any inconsistency, the English text shall prevail.

21.3 Express Acceptance of Standard Clauses. In accordance with Article 1203 of the Romanian Civil Code, by accepting these Terms, including by checking the separate box provided for this purpose during Registration, You expressly acknowledge and accept the following provisions: Section 2.4 (Service Modifications), Section 2.7 (No Guaranteed Results), Section 2.8 (Beta Features), Section 2.9 (Dependency Changes), Section 4.3 (Auto-Renewal), Sections 4.4 and 4.6 (Payment and Suspension), Section 4.8 (Price Changes), Section 4.9 (Set-off and Withholding), Sections 6.5 and 6.6 (Overuse and Enforcement), Section 6.7 (Organizations and Invited Users), Section 6.8 (Sanctions and Export Control), Section 6.10 (API Use), Section 7.4 (External Connections), Section 7.8 (Data Return and Deletion), Section 7.9 (Usage Data and Aggregated Data), Section 7.11 (Shared Reports and Links), Section 7.12 (Public Data), Section 8.7 (Feedback), Section 11 (Limitation of Liability), Section 12 (Indemnification), Sections 13.4 to 13.6 (Refunds and Termination), Section 14 (Account Inactivity), Section 15.5 (Early Termination of Annual Subscriptions), Section 17 (Governing Law and Jurisdiction), and Section 19.3 (Deemed Acceptance).

21.4 Contact. You may contact us at legal@caphyon.com for any questions or communications regarding these Terms.

21.5 Notices. Caphyon may give You notices under these Terms by email to the primary email address associated with Your Account, by notification within the Service, or, for notices that apply to all users, by posting them on the Website. Notices about changes to fees under Section 4.8 and changes to these Terms under Section 19 are always sent by email. An email notice is deemed received on the business day after it is sent, unless Caphyon receives a delivery failure notification, in which case Caphyon will make reasonable efforts to reach You through other contact details in Your Account or within the Service. You are responsible for keeping that email address current and for monitoring it. You must send notices to Caphyon in writing to legal@caphyon.com or by post to the address set out in Section 1, except that cancellation is governed by Section 13.2. Where these Terms require notice “in writing” or “written notice”, email is sufficient unless stated otherwise.

21.6 Order of Precedence. In the event of a conflict, the following order of precedence applies: (a) any written agreement signed by both parties that expressly amends or supplements these Terms, to the extent of the amendment; (b) the Data Processing Addendum, with respect to the processing of Personal Data; and (c) these Terms.

21.7 No Other Terms. Terms and conditions contained in Your purchase orders, vendor registration forms, procurement portals, or other documents do not apply to the Service and are rejected, even if Caphyon acknowledges or processes such documents, unless they are agreed in writing as described in Section 21.6(a).

21.8 Interpretation. Headings are for convenience only and do not affect the interpretation of these Terms. The words “including”, “include”, and “in particular” mean “including without limitation”. Words in the singular include the plural and vice versa.

21.9 No Waiver. A failure or delay by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy, or of any other right or remedy. A waiver is effective only if made in writing, and only for the specific instance for which it is given.

21.10 Independent Parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties, and neither party has the authority to bind the other.

21.11 Third-Party Rights. Except for the persons expressly entitled to rely on Sections 11.6 and 12.1, nothing in these Terms confers any right or benefit on any person other than You and Caphyon.

21.12 Subcontractors. Caphyon may use subcontractors, including External Suppliers, to perform its obligations and exercise its rights under these Terms. Caphyon remains responsible for the performance of its subcontractors as for its own, subject to Section 11. This does not apply to the availability, accuracy, or behavior of Third-Party Components, which are governed by Sections 2.5, 2.9, 3.4 and 11.5. The engagement of Subprocessors for Personal Data is governed by the Data Processing Addendum.