1. Who we are and what these terms cover
ByDefault is run by Joscha Neske ("ByDefault", "we", or "us"). Full provider details are in the Imprint. These terms govern your use of bydefault.so and the ByDefault application (the "Service"). By creating an account or using the Service you agree to them. Our Privacy Policy describes how we handle personal data.
The Service is directed exclusively at businesses. By signing up you confirm that you are acting as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), not as a consumer.
2. The Service
ByDefault monitors how AI assistants answer the questions your buyers ask. The Service runs your tracked prompts against AI assistants, analyzes which brands are mentioned and cited, measures AI crawler and AI-referred traffic on your website through an optional tracking integration, surfaces content opportunities, and generates and publishes content with AI agents, including into a GitHub repository you connect.
The Service depends on third-party AI assistants and models. Their behavior, availability, and output change over time and are outside our control. We continuously adapt which providers and models we use.
3. Accounts and workspaces
You must provide accurate account information and keep access to your account protected. You are responsible for activity under your account. A workspace (organization) is managed by its owner, who can invite team members with different roles. Seats are not limited; plan limits apply per workspace and per subscription as described on the pricing page.
4. Fees and billing
- Plans are billed monthly in euros at the prices shown on the pricing page. Payments are processed by Stripe through our billing provider Autumn.
- Subscriptions renew automatically each month until cancelled.
- Upgrades and downgrades take effect immediately and are prorated.
- Each plan includes usage allowances (workspaces, tracked prompts, analyzed answers per month, articles per week). When an allowance is used up, the related feature pauses until the allowance resets or you upgrade.
- There is no free plan or trial. Statutory rights remain unaffected; beyond them, fees are non-refundable.
- Prices may change. We will announce price changes at least 30 days before they take effect; they apply from your next billing period.
5. Term and cancellation
You can cancel your subscription at any time through the billing portal. Cancellation takes effect at the end of the current billing period, and you keep access until then. Your data stays in place unless you delete it or ask us to. We may suspend or terminate accounts that materially breach these terms; the right to terminate for cause remains unaffected for both sides.
6. Your content and data
You retain all rights to the content you bring to or create in the Service: your prompts, articles, uploads, and workspace data. You grant us the license needed to operate the Service, meaning we may store, process, transmit, and display this content to provide the features you use, including sending it to the AI providers listed in the Privacy Policy. We do not use your content to train our own models.
You are responsible for the content you publish through the Service and must ensure you have the rights to any material you upload, including author profiles and images.
7. AI-generated content and monitoring results
AI output can be wrong. Articles, suggestions, diagrams, and analytics produced by the Service are generated or derived by AI models and may contain inaccuracies. You are responsible for reviewing content before you publish it and for how you act on monitoring results. Assistant answers shown in your dashboard are reproduced for monitoring and analysis; the brands and claims inside them belong to their respective owners and do not represent our views.
8. Connected services
When you connect GitHub, you authorize us to access the selected repositories to read configuration and publish content on your instruction. When you store environment variables for coding agents, you confirm you are entitled to use those credentials; we encrypt them at rest and never expose them to AI models. When you install the tracking integration on your website, you are responsible for informing your visitors and ensuring a legal basis for that processing, as described in the Privacy Policy; we process this data only on your behalf.
9. Acceptable use
- Do not use the Service for unlawful content or purposes, or to infringe third-party rights.
- Do not attempt to probe, overload, or disrupt the Service or the third-party providers it relies on.
- Do not circumvent usage limits, resell the Service, or use it to build a competing monitoring product.
- Do not use the publishing features to distribute spam, malware, or deceptive content.
10. Availability and changes to the Service
We operate the Service with reasonable skill and care but do not promise uninterrupted availability. Scheduled prompt runs may be delayed or fail when upstream providers are unavailable. We may change, add, or retire features, and swap underlying providers and models, provided the core of the Service you pay for is preserved.
11. Liability
We are liable without limitation for intent and gross negligence, for injury to life, body, or health, and under the German Product Liability Act. For slight negligence we are liable only for breaches of essential contractual obligations (obligations whose fulfillment makes proper performance of the contract possible in the first place and on whose fulfillment you may regularly rely), and in that case limited to the foreseeable damage typical for this kind of contract. Any further liability is excluded. This does not shift the burden of proof to your disadvantage.
12. Changes to these terms
We may update these terms with effect for the future. For material changes we will notify you by email or in the product at least 30 days in advance. If you do not agree, you can cancel before the changes take effect; continued use after that date counts as acceptance.
13. Governing law and jurisdiction
These terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is Hamburg, Germany.
14. Contact
Questions about these terms: hello@joshtriedcoding.com.