Disclara
DRAFT — not legal counsel. Counsel review + owner approval (G2) required before launch. Version: 0.9-DRAFT · Effective date: [PLACEHOLDER — set per page at launch].

Terms of Service (Disclara)

Version 0.9-DRAFT · Effective: [DATE]

1. Who we are and what these Terms cover

1.1 The Disclara service (“Service”) is operated by [COMPANY LEGAL NAME] Korlátolt Felelősségű Társaság (limited liability company), registered seat [ADDRESS], Hungary, company reg. no. [CG. NUMBER], EU VAT [VAT NUMBER] (“we”, “Provider”). Contact: [hello@DOMAIN].

1.2 These Terms govern use of the Service: the website, the scanning and monitoring features, and the AI Transparency Readiness Reports (“Reports”).

1.3 The Service is a business tool intended for business customers (B2B). Section 12 contains additional provisions that apply if you nevertheless purchase as a consumer.

2. The Service — what it is and is not

2.1 The Service scans publicly accessible pages of websites you specify (or that we have scanned) and produces Reports containing observational findings related to the transparency obligations of Article 50 of Regulation (EU) 2024/1689 (official text: https://eur-lex.europa.eu/eli/reg/2024/1689/oj).

2.2 The Service is not legal counsel. Reports contain observational findings with confidence levels. This report is not legal advice. The Service does not provide conformity assessments, audits, legal opinions, or determinations that any organization meets or fails to meet any legal obligation. You remain solely responsible for your own legal compliance and for obtaining professional legal review.

2.3 Findings depend on what was publicly observable at scan time and may be affected by personalization, regional delivery, or subsequent changes. Duty allocation between website operators and chat-widget vendors depends on contracts we cannot see.

3. Purchases, billing and the role of Stripe (merchant of record)

3.1 Paid plans are sold via Stripe Managed Payments. For each purchase, the merchant of record and your transaction counterparty for the payment is Stripe (through its relevant contracting entity). Stripe processes the payment, issues the transaction receipt/invoice to you, and calculates, collects and remits applicable VAT/sales tax on the transaction.

3.2 Your purchase is subject to Stripe’s applicable end-buyer terms in addition to these Terms. In case of conflict regarding the payment transaction itself (billing, tax, refund mechanics, chargebacks), Stripe’s end-buyer terms control; in everything concerning the Service’s functionality, content and use, these Terms control.

3.3 We provide the Service and remain your counterparty for the Service itself: features, availability, support, and these Terms.

3.4 Prices are shown at checkout in EUR [plus applicable taxes as calculated by Stripe]. Current plans: SNAPSHOT (one-time, per-domain report), MONITOR (monthly, weekly re-scan + change alerts), PORTFOLIO (monthly, up to 10 domains). Plan contents may evolve; material reductions for a running subscription entitle you to cancel per Section 7.

3.5 We never receive or store your card data; checkout and payments are handled by Stripe-hosted pages.

4. Accounts

4.1 You must provide accurate information and keep credentials secure; you are responsible for activity under your account.

4.2 One account per organization; seats/domains per your plan’s entitlements shown at purchase.

5. Acceptable use

5.1 With respect to customer-initiated scans you warrant that you own the scanned domain or are authorized by its owner; interactive checks require completing our domain-verification step.

5.2 You may not: (a) use the Service to harass or defame any third party; (b) republish Report contents about third parties as claims of wrongdoing; (c) resell or white-label Reports except as your plan expressly allows; (d) attempt to disrupt, probe or overload the Service; (e) use the Service to build a competing dataset by systematic bulk extraction.

5.3 Reports concerning third-party websites (previews) are provided for your internal evaluation only.

6. Intellectual property

6.1 The Service, its software, rulepacks, templates and branding remain our (or our licensors’) property.

6.2 You receive a non-exclusive, non-transferable licence to use Reports you purchased for your internal business purposes; PORTFOLIO plan includes the white-label-lite feature per its description.

6.3 Feedback you send may be used to improve the Service without obligation.

7. Term, cancellation, changes

7.1 Subscriptions renew per the period shown at checkout until cancelled. Cancel any time via the Stripe Customer Portal (link in the dashboard); cancellation takes effect at the end of the current billing period.

7.2 We may modify these Terms with 30 days’ notice by email; if a change materially disadvantages you, you may cancel before it takes effect.

7.3 We may suspend or terminate accounts for material breach of Section 5 (with notice and, where practicable, an opportunity to cure).

8. Availability and support

8.1 The Service is provided with reasonable skill and care. We do not promise uninterrupted availability; maintenance windows and factors outside our control (target-site changes, third-party providers) can affect the Service.

8.2 Support: [support@DOMAIN], business days, best-effort response within 2 business days.

9. Warranties and disclaimers

9.1 Except as expressly stated, the Service and Reports are provided “as is” and “as available”. To the extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement.

9.2 We specifically do not warrant that Reports identify every relevant issue on a website or that acting on a Report satisfies any legal obligation (see Section 2.2).

10. Liability

10.1 Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law — in particular liability for damage caused intentionally or harming human life, limb or health (Hungarian Civil Code: Ptk. 6:152 for contractual claims; Ptk. 6:526 for non-contractual claims). In addition, we do not exclude liability for damage caused by our gross negligence.

10.2 Subject to 10.1, our total aggregate liability arising out of or in connection with the Service in any 12-month period is limited to the amounts paid by you for the Service in that period.

10.3 Subject to 10.1, we are not liable for indirect or consequential damages, loss of profit, loss of business, or regulatory fines imposed on you. This reflects Section 2.2: the Service is an information tool, and the price does not cover assumption of your compliance risk.

10.4 Between businesses, these limitations are a negotiated allocation of risk reflected in the price of the Service. For consumers, Section 12 and mandatory consumer-protection law prevail where more protective.

11. Indemnity (B2B)

You will indemnify us against third-party claims arising from your breach of Section 5 (acceptable use), including scans you initiated on domains you were not authorized to scan.

12. Consumers (B2C fallback)

12.1 The Service targets businesses. If you purchase as a consumer (EU/UK): you have a 14-day withdrawal right for distance contracts.

12.2 Digital content exception (one-time Reports): a Report delivered immediately is digital content not supplied on a tangible medium. You lose the 14-day withdrawal right for it ONLY if ALL statutory conditions are met at checkout: (a) you expressly consent to performance beginning immediately; (b) you acknowledge that you thereby lose your withdrawal right once performance has begun; and (c) confirmation of the contract, including that consent and acknowledgment, is provided to you on a durable medium (Directive 2011/83/EU Art. 16(m) as amended by Directive (EU) 2019/2161; Hungarian Govt. Decree 45/2014 §12, §18 and §29(1)(m)).

12.2a Digital service (subscriptions): you may withdraw within 14 days of contract conclusion. If you expressly requested that the service start during the withdrawal period, a proportionate amount for the service already provided may be retained on withdrawal (Directive 2011/83/EU Arts. 7(3) and 14(3); 45/2014 §13, §26). The statutory withdrawal instructions and the model withdrawal form are provided before purchase.

12.3 Statutory consumer rights (conformity of digital content/services, Directive (EU) 2019/770) are unaffected by Sections 9–10.

12.4 Out-of-court dispute resolution: Hungarian consumers may turn to the conciliation body (békéltető testület) of their residence; consumers in other Member States may use the ADR entities designated under Directive 2013/11/EU in their country. (The EU ODR platform was discontinued on 20 July 2025 — Regulation (EU) 2024/3228 repealed Regulation 524/2013 — so no ODR link is included.)

12.5 Refund mechanics run via Stripe as merchant of record (see the Refund & Cancellation Policy below).

13. Data protection

Processing of personal data is described in the Privacy Policy. For customer accounts, processing is based on contract performance (GDPR Art. 6(1)(b)).

14. Governing law and disputes

14.1 These Terms are governed by Hungarian law, excluding its conflict rules; the UN CISG does not apply.

14.2 B2B disputes: exclusive jurisdiction of the Hungarian court competent for the Provider’s seat.

14.3 For consumers, mandatory protective provisions and jurisdiction rules of their habitual residence remain unaffected (Regulation 1215/2012; Rome I Art. 6).

15. Miscellaneous

Severability; no waiver by non-enforcement; assignment by us to a group entity permitted, by you with consent; entire agreement per subject matter; contract language: English.

Refund & Cancellation Policy

Version 0.9-DRAFT · Effective: [DATE]

1. How refunds work mechanically

Purchases are processed by Stripe as merchant of record; approved refunds are executed by Stripe to your original payment method. Request via [billing@DOMAIN] or your dashboard.

2. 14-day request window (all customers, B2B included)

If the Service did not work for you, tell us within 14 days of purchase (SNAPSHOT) or first payment (subscriptions); we review every request and aim to resolve it within 5 business days.

3. Consumers

Statutory withdrawal rights per ToS Section 12 apply and prevail where more protective, including the immediate-delivery exception you consent to at checkout for instantly delivered Reports.

4. Subscriptions

Cancel anytime via the Stripe Customer Portal; access continues to period end; no further charges. Partial-period refunds only where required by law or under point 2.

5. Chargebacks

Please contact us first — payment disputes are handled through Stripe’s merchant-of-record process, and most issues resolve faster via point 2.

Imprint (Impresszum)

E-Commerce Directive Art. 5 / Ektv. 4.§ · Version 0.9-DRAFT · Effective: [DATE]