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LegalTerms of use

Terms of use

These terms apply to the use of bytereport by businesses. This English version is a translation; the German version is binding.

Contents

§ 1 Scope and provider

  1. These terms of use govern the use of the online service bytereport at bytereport.eu (the “Service”). The provider is bytepark GmbH, Friedrichstraße 155, 10117 Berlin, Germany, Amtsgericht Charlottenburg, HRB 94433 B (the “Provider”).
  2. The Service is intended exclusively for businesses within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law (the “Customer”). Consumers within the meaning of § 13 BGB are excluded from use.
  3. Paid plans can only be booked by Customers established in a member state of the European Union.
  4. A “User” is any natural person who uses the Service on behalf of a Customer, for example as a member of an organisation.
  5. Deviating, conflicting or supplementary terms of the Customer do not become part of the contract, even if the Provider does not expressly object to them.
  6. Individual agreements with the Customer take precedence over these terms of use.
  7. The service description and the pricing page in the version valid at the time the contract is concluded apply in addition.

§ 2 Services

  1. bytereport checks technical properties of domains, websites and e-mails. The Service presents the results as reports with ratings and recommendations.
  2. The Service consists of reports, currently on e-mail deliverability, security, performance, SEO, AI visibility, accessibility and cookie consent (consent check). Which reports and functions are available follows from the current service description on the website.
  3. Static reports evaluate publicly available information, in particular DNS records and HTTP responses of the checked domain.
  4. For a test mail, the Customer sends an e-mail from its own system to an address generated by the Service. The Service evaluates delivery, authentication, headers and structure of this e-mail.
  5. Depending on the plan, platform functions are available, such as report history, share link, print view and PDF, schedules for recurring checks, API access and company login (SAML).
  6. Some checks use third-party services, for example DNS blocklists, PageSpeed Insights, AI models and providers of search results. The availability and content of these services are beyond the Provider’s control.
  7. The Provider owes the provision of the Service to the agreed extent. It does not owe any particular result, in particular no delivery of e-mails, no ranking in search engines or AI answers and no legal compliance of the checked systems.
  8. Guide and news content on the website is general information and not part of the owed service.

§ 3 Conclusion of the contract

  1. Use without an account (guest): starting a check creates a free usage relationship under these terms of use.
  2. Free account (Starter): the Customer registers with e-mail address, name and password or through a company login and accepts these terms of use. The contract is concluded as soon as the Provider activates the account after the e-mail address has been confirmed or an invitation accepted. The Provider deletes unconfirmed accounts after 7 days.
  3. Paid plans (Pro, Team): the Customer chooses plan and billing interval, enters its billing details, confirms that it acts as a business and accepts these terms of use, and completes the order in the checkout. This is its binding offer. The Provider accepts it by activating the plan or confirming the order by e-mail.
  4. There is no entitlement to the conclusion of a contract. The Provider may restrict registration, for example to invitations or approved e-mail domains.
  5. Anyone acting for a company or organisation warrants that they are authorised to represent it.
  6. § 312i (1) sentence 1 nos. 1 to 3 and sentence 2 BGB do not apply.
  7. The contract language is German. The Provider does not store the contract text separately for each Customer; the current version is available on the website.

§ 4 Account, organisation and credentials

  1. The Customer provides truthful information when registering and in its account and keeps it up to date.
  2. An account is tied to one natural person. Credentials, passkeys, recovery codes and API tokens must be kept secret and must not be passed on. The Customer reports any suspected misuse to the Provider without delay.
  3. The Customer is responsible for all actions taken through its accounts and API tokens, unless it is not responsible for the misuse.
  4. The contracting party and billing unit is the organisation. In the Starter and Pro plans, this is a personal organisation with exactly one User. In the Team plan, the organisation has several members with the roles Owner, Billing admin, Admin and Member.
  5. The Owner represents the organisation towards the Provider. Statements by Owners and Billing admins on plan, user seats, payment method and termination bind the Customer.
  6. The Customer ensures that its members comply with these terms of use and is liable for their conduct as for its own.
  7. If the Customer uses the company login (SAML), it is responsible for the configuration and security of its identity provider and for verifying its domain. Accounts created automatically at the first company login take up a seat.

§ 5 Plans and quotas

  1. The Service is offered in the plans Guest (without an account), Starter (free account), Pro and Team. Functions, quotas, number of users and retention period of reports per plan follow from the pricing page in the version valid at the time the contract is concluded.
  2. Static checks and the check of a mail source are free in all plans. Rate limits and technical safeguards against automated use apply to guests.
  3. Test mails require an account. The test mail quota applies per billing month and belongs to the organisation; in the Team plan, all members share it.
  4. Quotas are reset on the monthly billing date, also with yearly billing. Unused quotas expire and are neither carried over nor refunded.
  5. A test mail counts as soon as it has reached the Service with a valid test code. A started run without an incoming e-mail and an e-mail that is too large do not use any quota.
  6. Add-on packs with further test mails are one-off purchases. They are valid for 12 months from purchase and then expire without refund.
  7. In the Team plan, a seat is an active member or an open invitation. An expired invitation frees its seat. The seats included in the plan are a minimum; the base fee does not decrease if fewer members are active.
  8. Further functions, such as schedules, combined reports and API calls, are subject to the limits of the service description. The Provider may also set reasonable technical limits to protect the Service and checked systems from overload.
  9. There is no entitlement to the free plans continuing in their current scope. The Provider may change or discontinue them with 14 days’ notice.

§ 6 Prices, payment and invoices

  1. The prices stated on the pricing page at the time of the order apply. All prices are net prices plus statutory VAT.
  2. For Customers established in another EU member state with a valid VAT identification number, the tax liability passes to the Customer (reverse charge).
  3. Before booking a paid plan, the Customer enters its billing details: company name, street and number, postal code, city and country. Customers established outside Germany also enter a valid VAT identification number; without it, no booking is possible.
  4. The Customer keeps its billing details up to date. Changes take effect from the next invoice; invoices already issued remain unchanged. The Provider may check the VAT identification number at booking and before each renewal. If it is no longer valid, the Provider informs the Customer, and the Customer corrects its details without delay.
  5. The fee is payable in advance for each billing period (month or year). Additional seats and add-on packs are payable upon booking.
  6. Payment is made exclusively by credit card through the payment service provider Stripe. The Customer authorises the Provider to collect amounts due through the stored payment method on a recurring basis until the end of the contract.
  7. The Provider issues invoices and credit notes electronically. It sends them by e-mail once issued to the stored billing address, otherwise to Owners and Billing admins, and keeps them available in the account. The Customer agrees to electronic invoicing.
  8. If a charge fails, the Provider informs the Customer and retries the charge. If the amount has not been settled 14 days after the first failed attempt, the Provider may block the organisation’s access until it is settled. If it has not been settled after 90 days, the Provider may end the plan (§ 7 (8)). The statutory rights in the event of default remain unaffected.
  9. The Provider may change the prices for ongoing contracts. It announces the change at least 6 weeks in advance in text form; it applies at the earliest from the billing period that begins after this notice period. The Customer may terminate until the change takes effect; the Provider points this out in the announcement.
  10. The Customer may only set off undisputed claims or claims that have been finally established by a court.

§ 7 Term, plan changes and termination

  1. Free use runs for an indefinite period. The Customer may end it at any time by deleting its account. The Provider may terminate it with 30 days’ notice in text form.
  2. Paid plans run for one month or one year, as chosen. They renew for the same period unless terminated beforehand.
  3. The Customer may terminate a paid plan at any time with effect from the end of the current billing period, in the account or in text form. Access remains until then, and the Customer may withdraw the termination.
  4. The Provider may terminate a paid plan with 30 days’ notice to the end of the billing period in text form.
  5. Upgrades and additional seats take effect immediately. The Provider charges them pro rata for the remaining term and credits amounts already paid for the previous plan pro rata. The quota of the new plan is available immediately after the upgrade.
  6. Downgrades, reducing seats and switching from yearly to monthly billing take effect at the end of the current billing period. A removed member frees its seat; it remains paid until then and can be filled again. Switching from Team to Pro requires that the organisation has at most one member.
  7. In the event of termination, downgrade or non-use, the Provider does not refund amounts paid in advance. § 11 (6) and § 17 (3) remain unaffected.
  8. If a paid plan of a personal organisation ends, the Provider continues it in the Starter plan. Existing reports are kept and remain readable; the Provider does not delete them. The limits of the Starter plan apply to further use. An organisation in the Team plan is kept with its reports but blocked until the Customer books a plan again.
  9. The right of both parties to terminate without notice for good cause remains unaffected. Good cause for the Provider exists in particular if the Customer
    • seriously violates § 8 or § 9, or repeatedly despite a warning,
    • has made false statements about its status as a business or its place of establishment, or
    • is more than 30 days in default with a payment due despite a reminder.
  10. If the Customer deletes its account or organisation, the Provider deletes the associated reports and account data unless statutory retention obligations prevent this. The Customer exports beforehand what it wants to keep.

§ 8 Customer obligations and permitted use

  1. The Customer uses the Service only within the applicable law and for its own business purposes or those of its clients.
  2. Individual checks of publicly accessible domains and websites are permitted. The Customer runs recurring checks (schedules), checks of several pages of a website, test mails and checks through the API only for domains and websites it owns or is authorised to check.
  3. In particular, the Customer refrains from
    • using the Service to prepare or carry out attacks, to spy on third-party systems without authorisation or to send unsolicited messages,
    • circumventing rate limits, quotas, bot protection or access restrictions, for example through several free accounts,
    • accessing the Service in an automated way outside the API provided,
    • placing an excessive load on the Service or checked systems or impairing the security of the Service,
    • transmitting malware or unlawful content to the Service,
    • reselling or renting access to the Service or offering it as its own service; passing on reports under § 12 remains permitted,
    • decompiling or rebuilding the software of the Service, unless the law mandatorily permits this.
  4. The Customer reports security vulnerabilities in the Service confidentially to the Provider at security@bytereport.eu and does not exploit them.

§ 9 Test mails, mail sources and Customer content

  1. The Service’s test addresses serve individual tests only. The Customer does not add them permanently to mailing lists and does not use them for regular sending.
  2. The Customer sends and submits only e-mails and sources it is authorised to send and have checked. It avoids confidential content and personal data of third parties that the test does not need.
  3. The Service processes test mails and pasted sources only for the evaluation and deletes them afterwards. It stores the findings, such as domains, check results, header excerpts and transit times, but not subject, recipients or content.
  4. The Service discards e-mails without a valid test code without evaluating them. If an e-mail is too large, the run ends without an evaluation. A test code is valid for a limited time only; if the e-mail arrives later, no report is created.
  5. In the AI visibility report, the Service transmits the prompts, brand and domain details entered by the Customer to third-party AI and search services. The Customer does not enter personal data or trade secrets there. If the Customer has a report summarised, the Service transmits its findings to a third-party AI model.
  6. Through a share link, anyone who knows the link can view the report without signing in while the link is valid. The Customer decides whether to pass it on and is responsible for doing so.
  7. The Customer grants the Provider the right to process the submitted content to the extent required for the service. The Provider may use aggregated evaluations that allow no conclusions about the Customer or individuals to improve the Service and for publications.
  8. The Service is not an archive. The Customer exports and backs up reports it needs permanently.

§ 10 Suspension

  1. If there are concrete indications of a violation of these terms of use or of a security risk, the Provider may temporarily block or throttle accounts, organisations, schedules, API tokens or individual functions. It chooses the mildest suitable means and takes the Customer’s legitimate interests into account.
  2. The Provider informs the Customer of the suspension and its reason in text form without delay. It lifts the suspension as soon as the reason no longer applies.
  3. If the Customer is responsible for the suspension, its payment obligation remains.
  4. Operators of checked domains may object to checks by the Service. The Provider may exclude such and other targets from checks if there is an objective reason.

§ 11 Availability, maintenance and changes to the services

  1. The Provider makes the Service available within its technical and operational capabilities. No particular availability is promised.
  2. The Provider schedules maintenance at times of low use where possible and announces it where it can be planned.
  3. The Provider is not responsible for disruptions beyond its control. These include failures of the internet, of DNS, of e-mail providers and of third-party services under § 2 (6), as well as force majeure.
  4. If an individual check cannot be carried out because the checked system or a third-party service does not respond, the report shows it as “not checked”. This is not a defect.
  5. The Provider develops the Service further. It may change, add or discontinue functions, checks and rating criteria insofar as this is reasonable for the Customer. Ratings from different periods are therefore only comparable to a limited extent.
  6. If a change materially restricts the scope of a paid plan, the Provider announces it at least 30 days in advance in text form. The Customer may then terminate with effect from the date the change takes effect and receives a pro rata refund of amounts paid in advance.
  7. The Provider makes functions marked as beta or preview available without any commitment as to scope or continuation.
  8. The Provider offers support by e-mail during normal business hours. No particular response times are promised.

§ 12 Rights of use

  1. For the term of the contract, the Customer receives the simple, non-transferable and non-sublicensable right to use the Service within the scope of its plan.
  2. The Customer may use reports and their exports for its own business purposes without time limit and pass them on to clients, service providers and other third parties. References to bytereport in reports must not be removed.
  3. All rights to the software, website, guide content, trademarks and design of the Service remain with the Provider. The Customer may not reproduce or publish them beyond the use permitted by law.
  4. The Provider may use the Customer’s feedback and suggestions for improvement without remuneration and without restriction.

§ 13 Significance of the reports and defects

  1. A report is an automated technical snapshot at the time of the check. It is based on publicly available data and on third-party data whose accuracy the Provider cannot verify.
  2. Test mail results are an indicator. Actual delivery depends on the recipient’s provider, the sender’s reputation and the recipients’ behaviour. The Provider promises neither a particular deliverability nor particular load times, rankings or visibility.
  3. Recommendations in reports are general technical advice and not legal, tax or security advice. The accessibility check does not replace a conformance audit, the security checks do not replace a penetration test, and the consent check does not replace a legal review of consent.
  4. The Customer reviews recommendations on its own responsibility before implementing them. It makes changes to DNS, mail systems and servers at its own risk.
  5. The Customer reports defects in paid services in text form with a comprehensible description. The Provider remedies them within a reasonable period. Strict liability for initial defects under § 536a (1) alt. 1 BGB is excluded.
  6. For free services, the Provider is liable for defects only if it fraudulently concealed them.
  7. The Provider gives guarantees in the legal sense only if it expressly designates them as such.

§ 14 Liability

  1. The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, for fraudulently concealed defects and to the extent of a guarantee it has assumed.
  2. In the case of slight negligence, the Provider is liable only if it breaches a material contractual obligation. Material obligations are those whose fulfilment makes the performance of the contract possible in the first place and on whose observance the Customer may regularly rely. In this case, liability is limited to the typical, foreseeable damage.
  3. The parties assume that the typical, foreseeable damage per contract year does not exceed the fees the Customer paid in the 12 months before the damaging event.
  4. Otherwise, the Provider’s liability for slight negligence is excluded.
  5. For free services, the Provider is liable only for intent and gross negligence. Paragraph 1 remains unaffected.
  6. For loss of data, the Provider is liable under the preceding paragraphs only up to the effort that restoration would have required had the Customer made customary backups.
  7. The limitations of liability also apply in favour of the Provider’s legal representatives, employees and vicarious agents.
  8. The Customer’s claims for damages become time-barred one year after the statutory start of the limitation period. This does not apply in the cases of paragraph 1.

§ 15 Indemnification

  1. The Customer indemnifies the Provider against third-party claims based on unlawful use of the Service, on submitted content or on checks the Customer was not authorised to run. The indemnification includes the reasonable costs of legal defence.
  2. The indemnification does not apply insofar as the Customer is not responsible for the infringement.
  3. The Provider informs the Customer of asserted claims without delay. The Customer supports the defence with the necessary information.

§ 16 Data protection, processing on behalf and confidentiality

  1. The Provider processes Users’ personal data, such as account and usage data, as controller. Details are set out in the privacy policy.
  2. Insofar as the Provider processes personal data on behalf of the Customer, for example in test mails or reports, the data processing agreement under Art. 28 GDPR, which the Provider makes available to Customers with a paid plan, applies.
  3. Stripe handles payment processing. Billing details and invoices are stored at Stripe; the Provider does not receive card data.
  4. The Provider operates the Service on servers in the European Union.
  5. Both parties treat non-public information of the other party confidentially and use it only to perform the contract. This obligation continues for 3 years after the end of the contract.
  6. The Provider accesses the Customer’s reports only insofar as this is necessary for operation, for support at the Customer’s request or to prevent misuse.

§ 17 Changes to these terms of use

  1. The Provider may change these terms of use for an objective reason. Objective reasons are in particular changes in the law or case law, new or changed functions, security requirements and closing gaps in the rules.
  2. The Provider announces changes in text form at least 6 weeks before they take effect. If the Customer does not object in text form before they take effect, the changes are deemed accepted. The Provider points out this consequence in the announcement.
  3. If the Customer objects, the contract continues on the previous terms. The Provider may then terminate it with effect from the planned date and refunds amounts paid in advance pro rata.
  4. Price changes are governed by § 6 (9), changes to the scope of services by § 11. The Provider cannot use paragraph 2 to shift the balance of performance and consideration materially to the Customer’s disadvantage.

§ 18 Final provisions

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Berlin. The Provider may also sue the Customer at its place of establishment.
  3. The Customer may assign rights under this contract only with the Provider’s consent in text form. § 354a of the German Commercial Code (HGB) remains unaffected.
  4. The Provider may transfer the contract to an affiliated company or a legal successor. It informs the Customer in advance; in this case the Customer may terminate with effect from the date of transfer.
  5. Declarations concerning this contract require text form, for example e-mail. The Provider sends declarations to the e-mail address stored in the account.
  6. If these terms of use exist in several languages, the German version prevails.
  7. If a provision of these terms of use is invalid, the remaining provisions remain valid. The statutory provision takes the place of the invalid provision.

As of October 2026