Terms & Conditions

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Trackbase / Trackbase.ai — a service operated by Clarius AI B.V.

Effective date: 21 July 2026

1. Definitions

  • Trackbase / we / us: Clarius AI B.V. (trading as Trackbase / Trackbase.ai), a private limited company (B.V.) incorporated under the laws of the Netherlands, registered office at Hinthamerstraat 134 B, 5211 MT 's-Hertogenbosch, Nederland, registered with the Dutch Chamber of Commerce (KvK) under number 99663015 (branch number 000064718395).

  • Customer: the individual or legal entity that enters into an Agreement with Trackbase or creates an Account. The Service is offered exclusively to customers acting in the exercise of a profession or business (B2B). By entering into the Agreement or creating an Account, the Customer represents and warrants that it is acting in such capacity and not as a consumer.

  • Service: the SaaS platform operated by Trackbase that measures, tracks and benchmarks the visibility of brands, organisations and products in AI models (including large language models such as those used by ChatGPT, Gemini, Copilot and similar systems) against competitors, including the advisory module that provides recommendations to improve such visibility.

  • Account: the personal or business environment within the Service that the Customer can access after registration.

  • Third-Party AI Models: language models and related systems not developed or controlled by Trackbase, the output of which Trackbase queries or analyses for the purposes of the Service.

  • Agreement: any agreement between Trackbase and the Customer to which these Terms & Conditions apply, including any applicable subscription terms.

  • Content: all data, text, prompts, brand names, URLs and other materials the Customer enters, uploads or links to the Service.

2. Applicability

These Terms & Conditions apply to all use of the Service and to every quotation, offer and Agreement between Trackbase and the Customer, unless otherwise agreed in writing.

Any purchasing or other conditions of the Customer are expressly rejected.

If any provision of these Terms is or becomes invalid, the remaining provisions remain in full force. Trackbase and the Customer will in that case consult to agree a replacement provision that reflects the intent of the original provision as closely as possible.

3. Formation of the Agreement and the Account

An Agreement is formed when the Customer subscribes to a plan through the platform, accepts a Trackbase quotation in writing or electronically, or when Trackbase confirms an Account registration.

The Customer is responsible for the accuracy and completeness of the information provided at registration and for keeping login credentials confidential. All activity carried out through the Account is attributed to the Customer, unless the Customer demonstrates that this resulted from unauthorised use by a third party outside its control and promptly notified Trackbase thereof.

Trackbase may refuse a registration or suspend an Account if there is reasonable ground to believe the information provided is inaccurate, that fraud is involved, or that use of the Service breaches these Terms or the law.

4. Description of the Service

The Service allows the Customer to monitor how and to what extent its brand, products or organisation are visible in responses generated by AI models, to compare this visibility against competitors selected by the Customer, and to receive automated recommendations to improve that visibility (for example regarding content, structure and source authority).

The exact features, measurement methods and number of available AI models may differ per subscription tier and are further described on the website or in the product documentation. Trackbase may further develop the Service and add, change or phase out features, provided this does not materially reduce the core functionality of an active subscription without prior notice.

5. Use of Third-Party AI Models and reliability of outcomes

The Service queries and analyses output from Third-Party AI Models over which Trackbase has no control. These models may produce inconsistent, incomplete or inaccurate responses, their behaviour may change without notice, and results may not always be reproducible.

Measurements, scores, competitor comparisons and recommendations generated by the Service are indicative and based on samples of AI output taken at the time of measurement. They do not constitute any guarantee of actual or future visibility, ranking, traffic, revenue or any other business outcome.

The Customer acknowledges that recommendations from the advisory module are generic, data-driven suggestions and do not constitute legal, tax or other professional advice, and that implementing such recommendations is at the Customer's own discretion and risk.

6. Subscriptions, fees and payment

The Service is offered on a subscription basis, with the features, usage limits and fees as set out on the website or in the quotation accepted by the Customer.

Unless stated otherwise, all prices are exclusive of VAT and other government levies.

Invoices must be paid within the term stated on the invoice, failing which the Customer is in default without further notice and Trackbase is entitled to charge statutory commercial interest and reasonable collection costs, and/or to suspend access to the Service.

Trackbase may change subscription fees, provided that any price increase for a current contract term is announced at least thirty (30) days in advance in writing or electronically. In case of a material price increase, the Customer has the right to terminate the Agreement as of the effective date of the change.

7. Term, renewal and termination

Subscriptions run for the term stated in the applicable plan (e.g. monthly or annual) and, unless otherwise agreed, automatically renew for an equivalent period unless the Customer cancels via the Account or by email before the end of the current term.

Trackbase may suspend or terminate the Agreement with immediate effect if the Customer materially fails to perform an obligation under the Agreement and does not remedy that failure within a reasonable period after proper notice of default, in the event of the Customer's bankruptcy or suspension of payments, or in the event of serious or repeated misuse of the Service.

Upon termination of the Agreement, the right to access the Service ends. The Customer may, within thirty (30) days after termination, request an export of its own Content via the email address stated in Article 20, after which the data will be deleted in accordance with the Privacy Policy.

8. Customer obligations and prohibited use

The Customer may not use the Service:

  • in a manner that violates applicable laws or regulations;

  • to overload, reverse-engineer, decompile the Service, underlying systems or queried AI models, or otherwise attempt to discover the underlying source code or methodology;

  • to generate automated, excessive or improper traffic to the Service or the AI models queried by the Service, including attempts to manipulate AI model outputs;

  • to infringe the rights of third parties, including intellectual property or privacy rights;

  • to use the Service's results or recommendations as the sole basis for decisions carrying significant financial, legal or safety risk, without further independent assessment.

In the event of a breach of this Article, Trackbase may immediately suspend or terminate access to (part of) the Service, without prejudice to its right to claim damages.

9. Structured data & technical implementation services

In addition to the Service, Trackbase may provide structured data automation for webshops and related technical implementation services, such as generating and publishing structured data (e.g. schema.org markup) and creating or amending files such as robots.txt and llms.txt on the Customer's website ("Implementation Services"). Implementation Services are provided only where separately agreed and described in the applicable quotation or Agreement.

Where Trackbase is granted access to the Customer's website, hosting environment, content management system or related systems in order to carry out Implementation Services, the Customer grants such access at its own risk and remains responsible for ensuring it is authorised to grant this access. The Customer is responsible for making a full backup of the relevant website, files and configuration before Trackbase, or the Customer's own developer where Trackbase instead delivers files or instructions for implementation by the Customer, carries out any change.

Trackbase will carry out Implementation Services with reasonable care and in accordance with then-current technical standards and best practices, but does not guarantee any specific outcome, including but not limited to search engine indexing, crawling behaviour of AI models, rankings, traffic or revenue. Technical standards, crawler behaviour and platform requirements, including those of third-party webshop platforms, may change at any time and without notice and are outside Trackbase's control.

Trackbase is not liable for damage resulting from (a) the unavailability of a recent backup, (b) incompatibility with the Customer's specific hosting environment, platform, plugins or customisations that were not disclosed to Trackbase in advance, or (c) changes made by the Customer or third parties to the implemented files or code after delivery. Article 14 (Liability) applies in full to Implementation Services.

Access credentials provided to Trackbase for the purposes of this Article are treated as confidential information under Article 11 and will be deleted or revoked by Trackbase upon completion of the relevant Implementation Services, unless otherwise agreed for ongoing maintenance.

10. Intellectual property

All intellectual property rights in the Service, including the software, algorithms, measurement methodology, interfaces, documentation and underlying data processing model, belong exclusively to Trackbase or its licensors. The Agreement does not transfer any intellectual property right.

The Customer is granted a non-exclusive, non-transferable right to use the Service for the duration of the Agreement, in accordance with the agreed subscription and the purposes of the Agreement.

The Customer retains all rights to the Content it enters. By entering Content, the Customer grants Trackbase a licence to process it to the extent necessary to provide and improve the Service, including the use of anonymised or aggregated measurement results for benchmarking and product improvement purposes.

11. Confidentiality

Each party will keep confidential all information received from the other party that it knows or should reasonably suspect to be confidential, and will use it only for the performance of the Agreement, unless disclosure is legally required.

This obligation survives termination of the Agreement.

12. Processing of personal data

To the extent Trackbase processes personal data of the Customer or third parties in connection with the Service, Trackbase's Privacy Policy applies. To the extent Trackbase acts as a processor within the meaning of the GDPR, the parties will, upon request, enter into a separate data processing agreement.

13. Availability, maintenance and support

Trackbase will use reasonable efforts to keep the Service available as uninterrupted as possible, but does not guarantee uninterrupted availability, particularly given its reliance on infrastructure and Third-Party AI Models.

Trackbase may temporarily take the Service offline for maintenance, updates or security measures, and will announce this in advance where reasonably possible.

Support is provided via the email address stated in Article 20 or the support channels available within the Account, within the response times stated for the applicable subscription.

14. Liability

Trackbase's total liability under the Agreement is, per event (a series of related events counting as one event), limited to the amount paid by the Customer to Trackbase in the twelve (12) months preceding the event giving rise to the damage, with a maximum of EUR 10,000.

Trackbase is never liable for indirect damages, including consequential damages, loss of profit, missed savings, reputational damage, or damages resulting from following recommendations generated by the Service or from (mis)interpreting AI model output.

The limitations in this Article do not apply to the extent damage results from intent or wilful recklessness of Trackbase's management, or to the extent mandatory law precludes such a limitation of liability.

15. Indemnification

The Customer indemnifies Trackbase against third-party claims related to or arising from Content entered by the Customer, use of the Service in breach of these Terms, or infringement by the Customer of third-party rights.

16. Force majeure

Neither party is required to perform any obligation to the extent prevented by force majeure, including outages at internet providers, hosting providers or AI model providers, cyberattacks, and government measures. If a force majeure situation continues for more than ninety (90) days, either party may terminate the Agreement in writing.

17. Changes to these Terms

Trackbase may amend these Terms & Conditions. Material changes will be announced at least thirty (30) days before the effective date via the Account or by email. If the Customer does not agree with a material change, it may terminate the Agreement as of the date the change takes effect.

18. Assignment

The Customer may not assign rights or obligations under the Agreement to a third party without Trackbase's prior written consent. Trackbase may assign the Agreement in connection with a merger, acquisition or business transfer, and will inform the Customer accordingly.

19. Governing law and disputes

The Agreement and these Terms & Conditions are governed exclusively by the laws of the Netherlands.

Disputes arising from or in connection with the Agreement will first be resolved through mutual consultation. If the parties fail to reach agreement, disputes will be submitted to the competent court in 's-Hertogenbosch, the Netherlands, unless mandatory law prescribes a different court.

20. Final provisions and contact

Questions about these Terms & Conditions may be addressed to Clarius AI B.V., Hinthamerstraat 134 B, 5211 MT 's-Hertogenbosch, Nederland, email: bodrik@trackbase.ai.

These Terms & Conditions are also available in Dutch. In the event of any discrepancy between the Dutch and English versions, the Dutch version prevails, unless agreed otherwise in writing.

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