Terms and conditions – PickedFirst

General terms and conditions for services of PickedFirst – for businesses only

These general terms and conditions (“Terms”) consist of a General Part (§§ 1–27) and Special Conditions (A)–(E) for the individual services. The Special Conditions supplement the General Part and take precedence over it. This English version is provided for convenience; in the event of any discrepancy, the German version prevails.

General Part

§ 1 Provider, brand, scope

The provider of all services is NEXTLEVEL CORPORATE SERVICE PROVIDER - FZCO, Building A1, IFZA Business Park, Dubai Digital Park, Dubai Silicon Oasis, Dubai, United Arab Emirates, DIEZ License No. 67837, represented by its General Manager Tassilo Peter Seitz (“PickedFirst”, “we”, “us”). “PickedFirst” is a brand and an offer of this company.
These Terms apply to all contracts between us and our clients (“Client”) for the following services: (A) AI Visibility Check (“Check”), Implementation Kit (“Kit”), Check + Kit bundle (“Bundle”) and AI Visibility Handbook (“Handbook”); (B) Express One-Pager (“One-Pager”); (C) Websites Launch, Business and Signature (“Website Project”); (D) AI Visibility Plan (“Plan”); (E) website care Care, Care Plus and Care Pro (“Care”).
Deviating, conflicting or supplementary terms of the Client do not become part of the contract, even if we do not expressly object to them or perform in knowledge of them. They only apply if we expressly agree to them in text form.
Order of precedence: (1) individual offer or individual agreement, (2) Special Conditions (A)–(E), (3) General Part, (4) service description on pickedfirst.ai or in the ordering process at the time of the order.

§ 2 Businesses only – no contracts with consumers

Our offers are directed exclusively at businesses based in Germany, Austria or Switzerland. A business is any natural or legal person or partnership with legal capacity that, when concluding the contract, acts in the exercise of its commercial or independent professional activity (in Germany Section 14 German Civil Code, BGB; in Austria a business within the meaning of Section 1 Austrian Consumer Protection Act, KSchG; in Switzerland persons concluding the contract for their professional or commercial activity). Freelancers and self-employed persons ordering for their existing professional activity are also businesses in this sense.
We do not enter into contracts with consumers. Accordingly, there is no statutory right of withdrawal for consumers.
With every order, the Client confirms that it is acting as a business and not as a consumer (e.g. by ticking the mandatory box in the order form or by confirmation in the accepted offer) and provides accurate information for this purpose. Company name and billing address must be provided in the ordering process; the VAT identification number may be provided. In case of doubt, we may request suitable proof of business status before starting the service (e.g. VAT ID, commercial register entry, trade registration, company website) and postpone the service until clarified.
If it turns out before or during performance that the Client is a consumer, we may reject the order or withdraw from the contract. We refund amounts already paid less the value of services already rendered and used by the Client; mandatory statutory rights of the Client remain unaffected.

§ 3 Conclusion of contract

Information on pickedfirst.ai, in PDFs, presentations, sample reports and in conversations is non-binding and does not constitute an offer in the legal sense. Only the offer, the order summary and these Terms are authoritative.
Online orders (Check, Kit, Bundle, Handbook, One-Pager, Plan): By completing the ordering process (order form and/or Stripe payment page), the Client submits a binding offer. Stripe’s automatic payment confirmation does not yet constitute acceptance. The contract is concluded when we confirm the order in text form (e.g. by email) or begin performing the service. If we do not accept an order, we refund any amounts already paid without undue delay.
Offer in text form (in particular Website Projects, Care, individual services): The contract is concluded when the Client accepts our offer in text form (e.g. by email) or signs it electronically within the acceptance period stated therein, otherwise within 14 days.
We expressly refer to these Terms in the ordering process and in the offer and link to or enclose them. The Client can access, save and print them at any time at pickedfirst.ai/en/terms/.
The contract language is German or English, depending on the ordering process or offer.

§ 4 Services, manner of performance, use of AI and subcontractors

The scope and nature of the services result from the offer or order summary, the Special Conditions and the service description valid at the time of the order. We do not owe any services beyond this.
We perform our services in accordance with the recognised state of the art at the time of performance and also use automated tools and AI systems (e.g. programming interfaces of AI assistants for measurements, AI tools for creating texts, images, videos and code). We personally review every report before it is sent.
We may use subcontractors and service providers (e.g. hosting, payment processing, AI providers, freelancers). We remain responsible to the Client for the service.
We are free to choose tools, programming languages, libraries and services unless otherwise agreed. If a service used ceases to exist or changes significantly, we may replace it with an equivalent one; we inform the Client if this noticeably affects its service.
Delivery times and deadlines are guide values (“typically”) unless expressly designated as binding. Working days are Monday to Friday, excluding nationwide public holidays in Germany and 24 and 31 December.
We do not provide legal, tax or trademark advice, do not draft legal texts (e.g. legal notice, privacy policy, terms, cookie notices) for clients and do not assess legal questions in individual cases.

§ 5 No guarantee of AI answers, rankings or results

What AI assistants (e.g. ChatGPT, Gemini, Perplexity, Claude) and search engines display or answer is decided solely by their providers. Answers vary depending on time, wording, account, location, language and model version and may change at any time without any action by the parties.
We therefore do not owe any particular mention, recommendation, position or order in AI answers or search results, nor any particular number of visits, enquiries, orders, revenues or other economic results. This applies to all services under these Terms.
Reports and measurements are snapshots at the documented time under the documented conditions. Action plans, action packages and recommendations reflect our professional assessment; the Client decides on their implementation.
Information on loading times, Lighthouse scores or accessibility are target values or values measured at the time of measurement, not warranted characteristics.
We only give guarantees in the legal sense if they are expressly designated as a “guarantee” in text form.

§ 6 Client cooperation

The Client supports us in performing the services and provides, in good time, completely, correctly and free of charge, what we need, depending on the service in particular: a) information (company, website, services, region, competitors, contact person) and answers to our questionnaire; b) content such as texts or bullet points, logo (preferably as a vector file), images, videos, trademarks, facts and prices, each with the necessary rights (§ 16); c) access (domain/DNS, existing hosting or CMS) where agreed; d) mandatory information and legal texts for its own website (e.g. legal notice, privacy policy, consent solution); e) approvals and feedback within the agreed periods, otherwise within 5 working days of our request, consolidated per revision round and by a contact person authorised to decide; f) notification of changes relevant to the service (e.g. address, services, opening hours, competitors).
The Client names a contact person who can make binding decisions and approvals.
The Client does not send us special categories of personal data (Art. 9 GDPR, e.g. patients’ health data) or professional secrets (e.g. client confidentiality) unless expressly agreed and separately safeguarded.
The Client transmits access credentials only via secure channels agreed with us (not in plain text by email or messenger). It may change them after the end of the project.

§ 7 Delays caused by the Client, additional effort

If the Client fails to cooperate, or does so late or incompletely, deadlines are extended by the duration of the delay plus a reasonable restart period (typically 5 working days).
We may charge additional effort caused by late, incomplete, incorrect or subsequently changed cooperation on a time basis (€150 net per hour, billed per started 15 minutes), provided we have informed the Client of this in text form beforehand.
For longer standstills in One-Pager and Website Projects, (B) and (C) also apply.
Our statutory rights remain unaffected.

§ 8 Change requests and revision rounds

The revision or coordination rounds included result from the Special Conditions. A round is consolidated feedback from the Client on a work stage; individual comments after a round has been completed count as a new round.
Change requests that go beyond the included rounds or the agreed scope (e.g. new pages, new functions, change of design concept after design approval, replacement of content already approved) are charged separately. We inform the Client in advance in text form of the effort or price and the impact on deadlines and only implement after its consent in text form. Unless otherwise agreed, €150 net per hour applies.
For Care, small changes are included in the monthly allowance (E).
Remedying defects (§ 17) is not a change within the meaning of this section.

§ 9 Prices, VAT, vouchers

The prices in the offer or order summary at the time of the order apply. All prices are net prices in euros.
VAT is governed by the statutory provisions. If the Client as recipient owes the tax (reverse charge or acquisition tax), we do not charge VAT and note this on the invoice. Where we owe VAT or a comparable tax, it is added to the net price.
We only grant discounts as an individually agreed condition or via voucher codes in the ordering process. There is no entitlement to discounts; voucher codes cannot be combined, cannot be paid out and are only valid in the stated period unless otherwise indicated.
Third-party costs (e.g. paid licences, fonts, stock material, plug-ins, domains, subscriptions with third parties) are only included if the offer expressly states them; otherwise they are borne by the Client after prior agreement.

§ 10 Payment, start of work only after receipt of payment

Check, Kit, Bundle, Handbook and One-Pager: The fee is due in full in advance upon ordering (Stripe payment page or invoice).
Website Projects: 50 % on order, 30 % on design approval and 20 % on acceptance or launch, whichever occurs first. We invoice the instalments when the respective stage is reached; they are due within 7 days of the invoice date. Deviating payment plans only apply if provided for in the offer.
Plan and Care: The fee is due monthly in advance, for the first time at the start of the contract, for Care at the start of paid care. A billing month is the period from the calendar day of the start of the contract to the day before the same calendar day of the following month; “end of the month” within the meaning of these Terms is the end of a billing month. Payment is made by card or direct debit via Stripe or by invoice.
We only start performing the service after receipt of the advance payment or deposit due. Agreed deadlines do not start before receipt of payment and – where necessary – not before receipt of the complete cooperation under § 6.
Payments via Stripe are processed by Stripe as payment service provider; its terms for the chosen payment method also apply. Costs of chargebacks or returned direct debits for which the Client is responsible are borne by the Client.
The Client may only set off undisputed or legally established claims. It may only exercise a right of retention on the basis of claims arising from the same contractual relationship.

§ 11 Late payment

If the Client does not pay within the payment period, it is in default without a reminder. The statutory consequences of default for transactions not involving a consumer apply.
As long as payments due under a contract are outstanding, we may withhold further services under that contract (e.g. further project stages, launch, reports, handover of files and access) after we have sent the Client a reminder in text form and set a deadline of at least 7 days. Deadlines are extended accordingly.
For Care, after an unsuccessful reminder with a deadline of at least 14 days and prior notice in text form, we may replace the hosted website with a maintenance page until payment is received; we do not delete any data for this reason.
If the Client is in default with two monthly fees (Plan, Care) or with an instalment of a Website Project for more than 30 days, we may terminate the contract for good cause (§ 22).
Further claims remain unaffected.

§ 12 Crediting of the Check

If the Client orders the One-Pager, a Website Project or the Plan within 3 months of ordering a Check, we credit the fee for the Check once against the new order – for the One-Pager and Website Projects against the first payment, for the Plan as a credit against the following monthly invoices. For the Bundle, the Check portion is credited in the amount of the price of the individual Check.
The fee for the Kit, the Handbook and the Kit services included in the Bundle is not credited. The Check included in Business and Signature is part of these packages and cannot be credited.
Crediting takes place only once and only in favour of the same Client.

§ 13 Rights of use, transfer only after full payment

We grant the Client the rights of use specified in the Special Conditions to the work results created individually for the Client (e.g. reports, action packages, texts, designs, website code). The rights only pass upon full payment of the respective fee.
Until then, the Client may only use drafts and previews for review and approval. Publication before full payment is only permitted with our consent.
We retain all rights to our pre-existing and generally usable components (e.g. measurement tool, methods, question modules, templates, prompts, code libraries, components, design grids, know-how). The Client receives a simple right of use to them insofar as this is necessary for using the work result.
Open-source components and third-party content (e.g. fonts, libraries, stock material) are subject to the licences of their rights holders; these take precedence. We point this out in the handover or in a licence list.
We may use work results to comply with legal obligations, to defend against claims and as a reference in accordance with § 21.

§ 14 AI-generated content (texts, images, videos, 3D, code)

We create content partly with AI tools (e.g. image, video and 3D generators, language models, code assistants). We select the results, edit them and check them for obvious errors and recognisable infringements.
As a rule, copyright only protects personal intellectual creations of humans. Content generated predominantly by AI may therefore give rise to no or only limited copyright and related rights; the Client may not be able to prevent third parties from using the same or similar content. We do not warrant the exclusivity of AI-generated content.
Insofar as rights arise in AI-generated content, we grant them to the Client in accordance with § 13 and the Special Conditions. Insofar as no rights arise, we contractually permit the Client to use the content to the same extent and do not provide it to any other client as that client’s individual work result.
The terms of their providers apply to AI tools. We only use tools or plans that, to our knowledge at the time of creation, permit commercial use of the results by us and our clients. If a provider subsequently changes its terms and we become aware of this, we inform the Client.
We do not create depictions of real, recognisable persons, third-party trademarks or protected works of third parties unless the Client expressly commissions this and proves the necessary consents and rights (§ 16). If the Client supplies reference images (e.g. photos of employees), it warrants that the persons depicted have consented.
Where labelling is required for publishing AI-generated or AI-manipulated content (in particular content that deceptively resembles existing persons, places or events), we inform the Client at handover; the Client, as operator of its website, is responsible for labelling upon publication.
If a third party objects to AI-generated content, we replace it without undue delay within the project or Care. Otherwise §§ 17 and 18 apply.

§ 15 Client content, responsibility for the Client’s own website

The Client is responsible for the content it supplies (texts, images, logos, trademarks, facts, prices, reviews) and for the content of its website, including its legal admissibility (e.g. competition law, professional rules, health advertising law, price indication law).
Before publication, the Client checks texts, FAQ entries, structured data and statements about its company proposed by us for factual and legal accuracy. By approving them, it assumes responsibility for the approved content.
The Client is responsible for mandatory information and legal compliance of its website (e.g. legal notice, privacy policy, consent management, statutory accessibility requirements, industry-specific obligations). We technically implement what the Client specifies and build websites with low barriers in line with our quality standard, but do not owe any review or confirmation of legal compliance.

§ 16 Third-party rights, indemnity

The Client warrants that it holds the rights to all content supplied that are necessary for the agreed use and that its use does not infringe any third-party rights (in particular copyright, trademark, personality and data protection rights).
The Client indemnifies us against third-party claims based on a breach of this warranty for which the Client is responsible, including reasonable costs of legal defence. We inform the Client without undue delay of any claims asserted and coordinate the defence with it.

§ 17 Defects

For services of a work-contract nature (in particular One-Pager and Website Projects), we remedy defects at our discretion by rectification or new production. If subsequent performance fails, the Client may reduce the price or withdraw from the contract in accordance with the statutory provisions; damages only in accordance with § 18.
The Client reports defects without undue delay in text form with a comprehensible description (e.g. page, device, browser, screenshot). Statutory duties to inspect and give notice remain unaffected.
The following in particular do not constitute defects: fluctuating or changing AI answers or search results (§ 5), display differences in outdated or non-agreed browsers and devices, consequences of changes made by the Client or third parties, consequences of changes to third-party services after acceptance (§ 20) and content approved by the Client.
Claims for defects become time-barred 12 months after acceptance or handover. This does not apply in cases of intent, gross negligence, fraudulent intent, injury to life, body or health, where a guarantee has been given and in the other cases of § 18 para. 1.

§ 18 Liability

We are liable without limitation for intent and gross negligence, for culpable injury to life, body or health, for fraudulent concealment of a defect, to the extent of an expressly assumed guarantee and under mandatory statutory provisions (e.g. Product Liability Act).
In the event of slight negligence, we are only liable for breach of a material contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Client may regularly rely). In this case, liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded.
Otherwise, liability for slight negligence is excluded.
For the loss of data we are liable – except in cases of intent and gross negligence – only in the amount of the effort that would have been required for restoration with proper and regular data backup. Outside Care, the Client is responsible for backing up its data; within Care we owe the backups described there.
The limitations of liability also apply to the personal liability of our officers, employees, subcontractors and vicarious agents.

§ 19 Confidentiality

Both parties treat all non-public information of the other party that becomes known to them in the course of the cooperation (in particular business figures, access credentials, strategies, unpublished content, prices and conditions) as confidential, use it only to perform the contract and only pass it on to persons who need it for this purpose and are themselves bound to confidentiality.
Information is not confidential if it is or becomes publicly known without breach of this obligation, was already known to the receiving party or was lawfully obtained from third parties, or if its disclosure is required by law or by an authority.
Reports are intended for use by the Client and its service providers. Because they contain comparisons with competitors, the Client does not publish reports without our consent.
We may use aggregated, anonymised findings without client names (e.g. “in industry X, on average Y % of firms are mentioned”) to improve our methods and for our own publications.
The obligation continues for 3 years after the end of the contract, and indefinitely for access credentials and trade secrets.

§ 20 Third-party services

For parts of our service we use third-party services, in particular Cloudflare (hosting, network, database, email sending, security), Stripe (payment processing), AI providers (e.g. for measurements and content creation) and scheduling and communication services.
We have no influence on the availability, functionality, prices and terms of these services. Outages, disruptions or changes to these services for which we are not responsible are not a breach of duty on our part; agreed deadlines are extended accordingly. We endeavour to find a remedy or equivalent replacement (§ 4 para. 4).
If an AI assistant is not or only partially available at the time of a measurement, we repeat the query. If this does not succeed within a reasonable time, we mark the affected answers in the report as “not available”; the measurement is deemed performed if at least three of four assistants were evaluated. If fewer than three were evaluated, we repeat the measurement.
If the Client uses its own accounts with third-party providers (e.g. its own payment, domain, calendar or CRM account), it concludes the contracts with these providers itself and bears their costs.
Where agreed, we register domains in the name of the Client; the Client remains the holder.

§ 21 References (objection possible at any time)

After completion or launch, we may name the Client as a reference with company name and logo and, for websites, show the publicly accessible website with screenshots and a link, e.g. on pickedfirst.ai, in offers and presentations.
The Client may object to this at any time with effect for the future – already when ordering or in the offer, or later informally in text form to service@nxtlvl-corp.com. We then remove the reference from our own channels within 10 working days; documents already printed or sent are excluded.
We only publish measurement results, key figures, report content, quotes and testimonials of the Client with its express prior consent in text form.
For websites, we may place a discreet note “Website: PickedFirst” with a link in the footer unless the Client objects; on request we remove it free of charge.

§ 22 Term, termination for good cause

The term and ordinary termination of the Plan and Care are governed by (D) and (E). One-off services and Website Projects end upon complete performance; otherwise the statutory termination rights and (C) no. 9 apply.
The right of both parties to terminate for good cause remains unaffected. Good cause exists for us in particular if a) the Client is in default under § 11 para. 4, b) the Client fails to provide material cooperation despite a reminder with a reasonable deadline, c) the Client wants to induce us to create unlawful content or perform unlawful acts, or content on the website we maintain is unlawful and the Client does not remove it despite being asked to, d) the Client is a consumer (§ 2 para. 4), e) the Client repeatedly behaves in an insulting, threatening or harassing manner towards our staff.
If we terminate for good cause for which the Client is responsible, we retain the claim to the fee for services rendered up to that point; further statutory claims remain unaffected.
Terminations must be made in text form (email is sufficient).

§ 23 Data protection, data processing

We process personal data of the Client and its contact persons as controller in accordance with our privacy policy.
Insofar as we process personal data on behalf of the Client – in particular when hosting and operating websites (Care, One-Pager, Website Projects after launch), for forms on the Client’s website or when accessing the Client’s systems – the parties conclude a data processing agreement pursuant to Art. 28 GDPR. Our data processing agreement (www.nxtlvl-corp.com/avv, German) becomes part of the contract as soon as such processing is agreed.
For measurements we send AI providers questions containing company, industry, location and service information, but no contact details of the Client’s contact persons. If the Client’s company name contains a personal name, it is part of the company information.

§ 24 Communication, text form

Declarations, approvals, acceptances, change requests, notices of defects and terminations require at least text form (e.g. email). Approvals via a project or approval tool provided by us are equivalent to text form.
Amendments and additions to the contract should be recorded in text form. Individual agreements always take precedence over these Terms.
Communication by phone, video conference or messenger (e.g. WhatsApp) is possible; one party subsequently confirms binding declarations under para. 1 by email.
Central address for declarations to us: service@nxtlvl-corp.com.

§ 25 Changes to these Terms for ongoing contracts

For ongoing contracts (Plan, Care), we may amend these Terms with effect for the future if there is a valid reason (e.g. change in law, case law, change of third-party services, new services) and the amendment does not shift the balance between performance and consideration to the detriment of the Client. Changes to main services or prices are excluded from this; for prices, (D) no. 7 and (E) no. 9 apply.
We notify changes in text form at least 6 weeks before they take effect. If the Client does not object in text form within this period, the changes are deemed accepted; we specifically point out this consequence in the notification. In the event of an objection, the previous terms continue to apply; both parties may then terminate the contract with ordinary notice at the next possible date.

§ 26 Applicable law, place of jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the country in which the Client has its registered office remain unaffected.
The place of jurisdiction for all disputes arising from or in connection with the contract is, to the extent permitted by law, the registered office of the Client.

§ 27 Final provisions

Should any provision of these Terms or the contract be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provision.
The Client may only transfer rights and obligations under the contract to third parties with our consent in text form; statutory exceptions for monetary claims remain unaffected.
These Terms are available in German and English. In the event of discrepancies, the German version prevails.

Special Conditions

(A) AI Visibility Check, Implementation Kit, Check + Kit bundle, Handbook

A.1 Check (one-off, paid in advance)

Question set: We compile 20 typical client questions (industry, region, services of the Client). The Client may add to or change the set in one coordination round and approves it within 5 working days.
Measurement: We put the approved questions to 4 AI assistants (currently ChatGPT, Gemini, Perplexity and Claude) via their programming interfaces under documented conditions (language, simulated location where applicable, date) and save the answers with the date. Results via programming interfaces may differ from what end users see in the providers’ apps.
Evaluation: whether and how the Client and up to 3 competitors named by the Client are mentioned; comparison of statements about the Client with facts supplied by the Client or publicly available; technical check of the website (including structured data, robots.txt and AI crawlers, llms.txt, sitemap, mobile loading time, headings and text structure, consistent company details).
Result: report as PDF (English or German) with a prioritised action plan and a 30-minute video call.
Delivery: typically 5 working days after receipt of payment and approval of the question set.
If the question set has not been approved 30 days after the order despite a reminder, we may carry out the Check with our draft questions; we point this out in the reminder.
The Check is performed upon handover of the report and the offer of a call appointment. Factual errors (e.g. incorrectly transcribed answer, wrong competitor) reported by the Client within 10 working days of handover are typically corrected within 3 working days.
If the Client does not take up the offered call within 30 days of handover, the entitlement to the call lapses; the fee remains unaffected.
Not included: implementation of measures, legal, tax or trademark review, assessment of competitors beyond what is publicly visible. Crediting: § 12.

A.2 Implementation Kit (as an upgrade to a booked Check or in the Check + Kit bundle; one-off, paid in advance)

The Kit comprises a step-by-step guide to implementing the measures from the Client’s report, ready-to-copy building blocks (e.g. text suggestions, FAQ entries, structured data with installation notes) and a follow-up measurement after 6 weeks with the same questions. The service description at the time of the order is authoritative.
The Kit as an upgrade requires a booked Check by the same Client and can be booked up to 3 months after handover of the report.
Installation is carried out by the Client or its service provider. Access to the Client’s system, hosting and legal texts are not included. § 15 para. 2 applies to the content of the installed building blocks.
The follow-up measurement is deemed performed when sent; A.1 no. 7 applies accordingly. It is also carried out if the Client has not or only partially implemented the measures.

A.3 AI Visibility Handbook (PDF; one-off, paid in advance)

The Handbook is a digital document with general information on AI visibility. It is not tailored to the Client’s company and does not constitute advice.
We provide it after receipt of payment via download link or email. The link may be valid for a limited time; the Client saves the document itself.
The Client receives a simple, non-transferable right, unlimited in time, to use and reproduce the Handbook within its company. Passing it on to third parties, publication and resale are not permitted.
We do not owe any update; the content reflects the state at the time of creation.

A.4 Rights of use to reports and building blocks

After full payment, the Client receives a simple right, unlimited in time and territory, to use the report, action plan, guide and building blocks for its own purposes; it may pass them on to its own service providers for implementation.
The Client may freely use and edit texts and structured data from building blocks on its website. § 19 para. 3 applies to publication of the report; measurement tool, methods, question modules and templates remain with us (§ 13 para. 3).

(B) Express One-Pager (one-off, paid in advance)

Scope: website consisting of one page in one language (English or German) with one animation or 3D effect and AI basics (structured data, AI-readable structure, sitemap, meta data; answers to the most important questions from an existing Check).
Payment in full in advance (§ 10 para. 1); crediting of a Check in accordance with § 12.
Content from the Client: texts or bullet points, logo, images with rights of use, contact details, legal notice and privacy policy, access to the domain or DNS.
Launch typically within 5 working days; the period only starts once payment and the complete content under no. 3 have been received by us.
One consolidated revision round before launch is included. We charge further changes, further pages, a second language or copywriting beyond polishing in accordance with § 8 or offer them as a website package.
Acceptance: We provide the One-Pager as a preview before launch and request acceptance. The Client declares acceptance or reports material defects within 10 working days. The One-Pager is deemed accepted if the Client does not refuse acceptance within this period stating at least one defect – we expressly point this out in the request – or if it has the One-Pager launched at its request. Immaterial defects do not entitle the Client to refuse acceptance; we remedy them under the warranty rights.
If the Client does not supply the complete content within 30 days of payment, we may complete the One-Pager with the content available and submit it for acceptance after giving 14 days’ notice. If no usable content is available after 90 days, we may close the order after a reminder with a deadline of 14 days; we then retain the agreed fee less saved expenses and refund any surplus.
Hosting and care: The first month of hosting from launch is included. After that, the One-Pager only continues to run on our infrastructure under a separately ordered Care contract (E), or we hand over the files for self-hosting; there is no tacit transition into a paid contract. Before the end of the first month we ask the Client which option it wants. Without Care, we do not owe any updates, security updates or adjustments to changed third-party services after acceptance.
The Client is responsible for the legal notice, privacy policy and other mandatory information (§ 15 para. 3); we install the texts supplied.
Rights of use: as (C) no. 10.
Not included: copywriting beyond polishing, photography, logo, legal texts, second language, further pages, domain and mailbox costs and any promise of mentions in AI answers (§ 5).

(C) Websites Launch, Business, Signature

Scope, features, delivery time, included care and revision rounds result from the package description on pickedfirst.ai at the time of the order and from the offer; the offer is authoritative.
Process: (1) order and deposit, (2) briefing and delivery of content, (3) design draft (two drafts to choose from for Business), (4) design approval by the Client, (5) implementation, (6) test report and acceptance, (7) launch.
Cooperation (before the delivery time starts): briefing, logo (vector), texts or bullet points, images and videos with rights, legal notice and privacy policy, DNS access, list of old URLs; for Business and Signature approval of the question set for the Check. Feedback per round within 5 working days (§ 6).
Payment: 50 % on order, 30 % on design approval, 20 % on acceptance or launch, each due 7 days after the invoice date (§ 10 para. 2). We start after receipt of the deposit. After design approval, we only continue working once the second instalment (30 %) has been received.
Design approval: With design approval the Client bindingly determines design, page structure and functionality; later changes to these are change requests under § 8. If the Client does not approve the draft within 10 working days after the revision rounds have been completed and does not name any specific deviations from the contract, the design is deemed approved; we expressly point this out in the request.
Revision rounds: 2 consolidated rounds (spread over draft and implementation), thereafter in accordance with § 8 (€150 net per hour) or, after launch, via the Care allowance.
Acceptance: After completion we hand over a test report (including Lighthouse, accessibility, links) and an acceptance protocol and ask the Client to accept within 10 working days. The Client declares acceptance in text form or refuses it stating the defects. Immaterial defects do not entitle the Client to refuse; we record them in the protocol and remedy them.
The website is deemed accepted if a) the Client does not refuse acceptance within the period under no. 7 stating at least one defect – we expressly point this out in the request – or b) the website is launched and used at the request or with the consent of the Client and the Client does not report material defects within 10 working days of launch.
Delays caused by the Client: a) If the project is delayed by more than 30 days for reasons for which the Client is responsible (in particular missing content, feedback or approvals), we may invoice the services rendered up to that point pro rata and reschedule the project. b) If the project is suspended for such reasons for more than 90 days, we may close it after a reminder with a deadline of 14 days; we then invoice the services rendered and receive the agreed fee less saved expenses for the part not performed. Resumption is possible on the basis of a new offer. c) If the Client terminates before completion without good cause, we are entitled to the agreed fee less saved expenses; instalments paid are offset.
Rights of use (after full payment, § 13): The Client receives a simple, transferable right, unlimited in time and territory, to use, operate, reproduce and – also through third parties – edit the website with regard to the design, texts and individual code created for it. § 13 paras. 3 and 4 apply to pre-existing components and § 14 to AI-generated content. We hand over the source code after full payment on request or at the end of Care in a customary format.
Care after launch: The care period included in the package starts with the launch and ends automatically. After that, the website only continues to run on our infrastructure under a separately ordered Care contract (E) or is handed over to the Client; there is no tacit transition into a paid contract. Before it ends we ask the Client which option it wants.
Sales and booking flows (Signature): The Client is the contractual partner and controller vis-à-vis its end customers; it needs its own account with the payment service and its own legal texts (e.g. terms, withdrawal information for its consumers, price information). We set up the technology; the Client is responsible for the legal design (§ 15).
Not included: copywriting beyond polishing, photography, logo and corporate design, legal texts and legal and tax advice, ERP/CRM integration (unless stated in the offer), modelling of new 3D objects, domain and mailboxes, paid licences unless stated in the offer, advertising campaigns and any promise of mentions in AI answers, positions or enquiries (§ 5).

(D) AI Visibility Plan (monthly)

Services per month: one monthly report (20 questions to 4 AI assistants, comparison with the previous month, up to 3 competitors, factual deviations) and two action packages for installation by the Client (e.g. texts for service pages, FAQ entries, structured data with short installation instructions); in addition, one video update per quarter (approx. 15–20 minutes).
We typically provide the monthly report by the 5th working day after the end of the respective billing month. A video update not taken up lapses at the end of the quarter.
Installation is carried out by the Client or its service provider; hosting, access to the Client’s system and legal texts are not included. § 15 para. 2 applies to the content.
Report and packages are deemed performed when sent; we correct factual errors in accordance with A.1 no. 7.
Payment monthly in advance (§ 10 para. 3).
Term and termination: minimum term 6 months from the agreed start. Thereafter the Plan is extended by one month at a time and can be terminated with 14 days’ notice to the end of the month; termination at the end of the minimum term is possible with the same notice. Termination must be in text form (§ 22 para. 4); where offered, it is also possible via the Stripe customer portal.
Price adjustment: After the minimum term, we may adjust the monthly fee with at least 6 weeks’ notice in text form; in this case the Client may terminate with effect from the date the adjustment takes effect. We point out this right in the notice.
If, during the Plan, the Client orders a Website Project followed by Care Plus or Care Pro, the Plan ends when this care starts, even before the end of the minimum term; no fee is incurred for the remaining term.
Replacement of assistants: § 4 para. 4, § 20 para. 3. Rights of use: A.4 applies accordingly.

(E) Website care Care, Care Plus, Care Pro (monthly)

Care requires a website built by us (One-Pager or Website Project) that is operated on our infrastructure; exceptions only on the basis of a separate offer.
The services per tier (hosting, SSL, backups, security updates, monthly change allowance, reports, AI visibility reports, response times) result from the service description on pickedfirst.ai at the time of the order or from the offer.
The monthly change allowance covers small changes to existing content and functions (e.g. texts, images, opening hours, new FAQ entries). Unused time lapses at the end of the month and is not refunded. Additional effort in accordance with § 8 after prior agreement. Redesigns, new pages with a new layout and new functions are not included in the allowance.
Response times are times until the first qualified response within our business hours (Monday to Friday on working days, 9 am–5 pm German time), not resolution times.
We operate the website via Cloudflare with the aim of high availability, but do not owe any particular availability rate. Outages of third-party infrastructure (§ 20), announced maintenance and force majeure are not a breach of duty.
We back up the website regularly (code and, where applicable, databases). Content changes only go live after approval by the Client, except security updates and urgent technical measures. Reports are deemed performed when sent.
Payment monthly in advance (§ 10 para. 3).
Term and termination: minimum term 12 months from the start of paid care. Thereafter Care is extended by one month at a time and can be terminated with one month’s notice to the end of the month; termination at the end of the minimum term is possible with the same notice.
Price adjustment: as (D) no. 7.
A change to a higher tier is possible from the start of the next billing month, a change to a lower tier at the earliest at the end of the minimum term.
End of contract: After settlement of all claims due, we hand over the source code and – where available – data exports in a customary format and support the domain move within any remaining allowance or on a time basis. 30 days after the end of the contract we switch off the website and delete the data stored with us, unless statutory retention obligations prevent this; we give advance notice of this date.
The data processing agreement under § 23 para. 2 applies to hosting and any forms.
Not included: redesign, advertising campaigns, social media, carry-over of unused time, content and legal review and any promise of mentions in AI answers, positions or enquiries (§ 5).

Version 1.0 · As of: 24 October 2026