Terms of service

1. Scope and provider

These terms of service apply to the use of KeywordWatchr, keyword monitoring software provided as a service over the internet. The provider is

fdmedia GmbH
Altrottstr. 31
69190 Walldorf
Germany
Email: support@keywordwatchr.com

(“we”). The contracting party is the person or organization that creates an account or buys a plan (the “customer”).

The customer’s own terms do not apply, even if we do not expressly object to them. Individual agreements, such as an Enterprise contract, take precedence over these terms.

2. Businesses and consumers

KeywordWatchr is aimed at businesses: founders, marketing and support teams, agencies. If the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), their mandatory statutory rights remain unaffected. Any statutory right of withdrawal on a purchase is governed by Polar’s buyer terms, because Polar is the seller (section 7). Provisions that expressly apply only to businesses do not apply to consumers.

3. Services

KeywordWatchr consists of the web application at app.keywordwatchr.com. The customer creates alerts: a search term on a source, such as Reddit, X, a public Facebook group or the web. KeywordWatchr searches the publicly accessible content of that source for new posts that contain the term, collects them in the customer’s dashboard and delivers them by email and, where the plan includes it, to Slack or a webhook of the customer’s choice.

The sources, features and limits included in a plan (active alerts, users, workspaces, folders, history, delivery schedule, integrations) are those listed in the price list at the time of purchase.

KeywordWatchr finds what the sources make publicly accessible. We do not owe that every post containing a search term is found, or found at a particular time: what a source shows, and for how long, is up to its operator.

4. Account and conclusion of contract

Registering concludes a contract of use and starts the free trial (section 5).

The information given at registration must be accurate. The customer keeps their login details confidential and is responsible for the actions of the users they invite to their organization.

5. Free trial

Every account starts with a free trial of 14 days. It includes the features of the Pro plan with up to 3 active alerts, one workspace and one user. It costs nothing, requires no payment details and does not turn into a paid plan automatically.

The trial is available once per customer. It requires a confirmed email address that is not from a disposable email provider.

When the trial ends without a purchase, the alerts stop: nothing new is collected or delivered. The mentions already found stay readable in the account. Choosing a plan starts the alerts again.

6. Plans

The Standard, Pro and Business plans are subscriptions billed monthly or yearly. The price depends on the plan and on the number of active alerts the customer chooses.

For the Enterprise plan, the services, prices and terms agreed in the individual offer apply, supplemented by these terms.

7. Purchase through Polar, prices and payment

Paid plans are sold through Polar, a merchant of record: Polar Software, Inc., 3500 South DuPont Highway, Dover, DE 19901, USA. For the purchase, Polar acts as seller and reseller: Polar enters into the purchase contract with the customer in its own name, processes the payment, issues the invoice and remits sales tax. The purchase is additionally governed by Polar’s buyer terms. In case of conflict, Polar’s buyer terms prevail for the purchase. We provide the KeywordWatchr services themselves under these terms.

All prices are net, plus statutory VAT or other taxes. Subscriptions are paid in advance at the start of each billing period. If the customer changes plan or number of alerts, or switches between monthly and yearly payment, during a running period, the rest of the period is settled pro rata. If a payment fails, we may suspend the subscription’s services until payment is made.

We announce price changes for running subscriptions by email at least six weeks before they take effect. The customer can cancel the subscription before they take effect. Prices we have expressly guaranteed for a certain period are not affected.

8. Term and cancellation

A subscription runs for the chosen billing period, one month or one year, and renews for the same period unless it is cancelled beforehand. The customer can cancel at any time, effective at the end of the current period: in KeywordWatchr under the billing settings, or by email to support@keywordwatchr.com. Periods already paid are not refunded pro rata, except under section 9.

By way of exception, for consumers: a yearly subscription continues for an indefinite period after its first year and can then be cancelled at any time with one month’s notice, not only at the end of another year. The customer sends this cancellation by email to support@keywordwatchr.com, because cancelling in KeywordWatchr always takes effect at the end of the period. In that case we refund amounts paid in advance for the time after the end pro rata.

When a subscription ends, the alerts stop as at the end of the trial (section 5).

The customer can end the contract of use at any time by deleting their account in the settings or by email to support@keywordwatchr.com. We can terminate it with four weeks’ notice. Both parties’ right to terminate for good cause remains unaffected.

9. Money back on the first purchase

We voluntarily offer a money-back guarantee on an organization’s first purchase: if the customer contacts support@keywordwatchr.com within 14 days of the purchase, we refund the full amount, no reason required. The refund is made through Polar to the original payment method. With the refund, the right to use the refunded plan ends. Statutory rights, such as a right of withdrawal under section 2, remain unaffected.

10. Alerts and mentions

An alert is a search on one source. It can hold up to three terms, which a post must all contain or, on plans that include Or-alerts, any one of; either way it counts as one alert. Only active alerts count towards the plan’s allowance; paused alerts do not. Once the allowance is reached, the customer can activate another alert only after pausing one, or by moving to more alerts or a higher plan.

Mentions are the posts KeywordWatchr finds for the customer’s alerts. They are not limited in number. The dashboard shows them as far back as the plan’s history reaches.

11. Customer obligations and use of mentions

The customer alone is responsible for the search terms they and their team enter, and for what they do with the mentions they receive. Mentions are content that third parties have published on the sources. When the customer uses them, for example by replying to the author, they comply with applicable law, in particular data protection law, and with the rules of the source. They indemnify us against third-party claims arising from their use, including reasonable costs of legal defence.

The customer must not misuse KeywordWatchr. In particular, they must not use it to harass or track individuals, distribute malware, circumvent security measures, overload the services with automated bulk requests, or get around the limits of a plan or of the trial by using several accounts.

The customer is responsible for the Slack workspaces and webhook addresses they connect, and for what happens to the mentions there.

12. Rights of use

For the term of the contract, the customer receives the simple, non-transferable right to use KeywordWatchr within the scope of their plan. All rights in the software and the KeywordWatchr brand remain with us.

The rights to the content of a mention remain with its author. KeywordWatchr shows an excerpt and links to the original post.

The customer keeps the rights to what they enter, such as search terms and uploaded logos. They grant us only the rights we need to store and process it in order to provide the services.

13. Availability and development

We operate KeywordWatchr with the care of a professional provider and aim for high availability. We owe a specific availability only where it has been agreed individually. We carry out maintenance outside peak hours where possible.

We keep developing KeywordWatchr and may change features as long as the essential services of the booked plan are preserved. The sources are operated by third parties. If a source restricts or blocks access, we may change how KeywordWatchr searches it, or stop offering it; we inform the customers affected by email. If we discontinue KeywordWatchr as a whole, we announce it at least three months in advance.

14. Data protection and data processing

How we process personal data is described in our privacy policy. Where we process personal data on the customer’s behalf, we conclude a data processing agreement under Art. 28 GDPR; the customer can request it at support@keywordwatchr.com. The service providers we use for this are listed under subprocessors.

15. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and to the extent of any guarantee we have given.

For slight negligence, we are liable only for breach of material contractual obligations, meaning obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In that case, liability is limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded.

For the free trial, we are liable, except in the cases of the first paragraph, only for intent and gross negligence. Strict liability for defects that already existed when the contract was concluded (Section 536a (1) BGB) is excluded.

16. Suspension

If the customer materially breaches these terms, in particular through misuse, we may block the alerts or account concerned to the extent necessary to stop the breach. We inform the customer and take their legitimate interests into account.

17. End of the contract

When the contract with the customer ends, we delete their organization’s data, including alerts and mentions, as described in the privacy policy. Until then, the customer can export their mentions on plans that include the CSV export, or ask us for an export. Running subscriptions must be cancelled beforehand. If only a user deletes their account, the workspaces they share with others remain.

18. Changes to these terms

We may change these terms with effect for the future where there is an objective reason, such as a change in the law or new features. We announce changes by email at least six weeks before they take effect. If the customer is a business and does not object before they take effect, they are deemed accepted. We point out the right to object and this consequence in the announcement. For consumers, changes take effect only with their express consent. If the customer objects or does not consent, either party may terminate the contract as of the date the change takes effect.

19. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the country in which they have their habitual residence. The exclusive place of jurisdiction for all disputes arising from this contract is the registered office of fdmedia GmbH, provided the customer is a merchant, a legal entity under public law or a special fund under public law. We may also sue the customer at their general place of jurisdiction.

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

If any provision is invalid, the validity of the remaining provisions is not affected.