Website Terms of Use

1 About these Terms

This website, sodalytics.com, is run by Sodalytics, the trading name of Medienbüro Björn Rohwer, a German sole proprietorship operated by Björn Rohwer, at Seminarstr. 12a, 25436 Uetersen, Germany (“Sodalytics”, “we”, “us” or “our”). You can contact us at [email protected].

These Terms cover our website, blog, newsletter, quiz, published examples and free analytical samples (“Free Samples”). Paid reports, monitoring subscriptions and other paid services are governed by a separate agreement.

Browsing the website does not, by itself, constitute acceptance of contractual provisions. A person also does not become bound merely because their account, posts or comments are analysed or referenced. Intellectual property rights and other statutory protections apply independently. The process for submitting a Free Sample request is explained below.

2 Our content and analyses

How we prepare our analyses

Our analytical reports, including Free Samples, are prepared with AI assistance and human review.

Our analyses may combine public posts and account information, observed metrics, estimates and analytical interpretations. Public information may be incomplete, delayed, changed or removed. Analysing a public account does not mean we have access to its private analytics. Where we use estimates or modelled figures, we identify them as such rather than presenting them as verified internal account data.

Limits of our findings

Findings reflect the information available at the time of the relevant assessment and must be read with the sources, methods, reporting periods, assumptions and limitations identified in the analysis. We do not guarantee that public or third-party data is complete, accurate or current, and analyses may contain errors despite our review. Unless agreed or required by law, we do not provide ongoing updates after publication or delivery. We do not guarantee improvements in reach, engagement, audience growth, revenue or other commercial results. Our analyses are provided for information only and do not constitute legal, financial or other professional advice.

Published examples

Published examples demonstrate our analytical approach. Where an example uses a fictional client or scenario, or includes material estimates or modelled figures, we identify those elements in the relevant example. Real public account data may illustrate a fictional scenario; this does not mean the account holder commissioned the work or is our client.

References to brands and accounts

References to a brand, creator, account or platform do not, by themselves, imply a client relationship, affiliation, approval or endorsement. The same applies to names, logos, images or extracts used to identify the subject of an analysis.

Analytical inferences

Our analyses may include analytical inferences, such as indications of paid promotion or unusual performance. These are assessments based on the available data and our methods, not statements of fact or verified findings. We identify material inferences and explain their basis and limitations. An inference is not, by itself, proof of fake followers, bots, inauthentic engagement or other misconduct, and does not allege wrongdoing by any person. Findings must be read in their stated context. You must not present them as statements of fact or as allegations about any person or account. We are not responsible for how others present or use our findings outside their stated context.

Quiz results

Quiz results are indicative assessments based on the answers provided and are for general information only. They do not constitute a bespoke engagement or a commitment to provide a particular service. Completing a quiz, making an enquiry or booking an introductory call does not commission paid work.

3 Free Samples

What a Free Sample is

A Free Sample is a limited analysis prepared without charge in response to an application. It uses public data and any materials you provide for the request and addresses the question or scope identified for that sample.

Submitting a request

By clicking “Get your Free Sample” (on the German-language site: „Hol dir deine Kostprobe“), after being presented with a link to these Terms and the accompanying acceptance notice, you submit a request on these Terms. They govern your request and any sample we deliver. The request form lets you review and correct your entries until you submit it. We store the version of these Terms that applies to your request for 3 years after you submit it and will send you a copy on request during that period.

No obligation to deliver

Submitting a request does not oblige us to respond to it or to deliver a sample. We decide whether to deliver at our discretion and may decide not to, at any time and for any reason. We accept your request only by delivering the sample. An automated acknowledgement confirms receipt only. No other message about your request, including an indication that we will prepare a sample, constitutes acceptance or a delivery commitment. Any sample we deliver will be prepared with reasonable skill and care within its stated scope.

Scope and timing

The scope of a sample is the question, channels, platforms and reporting period identified in it. A sample is not a comprehensive assessment of every aspect of an account or business.

We do not commit to a delivery date.

No cost or further services

Applying for or receiving a Free Sample does not require a purchase, newsletter subscription or marketing opt-in. No fee or paid subscription arises automatically. Any paid engagement requires a separate agreement.

A Free Sample does not include further reports, ongoing monitoring, account management or continuing support unless separately agreed. You may contact [email protected] with questions about its contents.

Communications

We may communicate with you as needed to assess and administer your request, obtain clarification, deliver the sample, answer related questions or arrange a call you have requested. These request-related communications are separate from optional marketing communications.

Use of samples in our marketing

We may use a sample, or extracts of it, in our published examples and other marketing. When we do, we will not name you or your represented client, state or imply that you requested the sample or are our client, or include details that could reasonably identify you as the requester. We will not use your non-public submission without your permission.

4 Information and materials you provide

Requests on behalf of others

If you submit a request on behalf of an organisation or client, you must identify the intended recipient, and you warrant that you have authority to request the sample and accept these Terms on its behalf. Where you act as an authorised representative, the sample arrangement is with the identified organisation or client.

Accuracy of information

Information you submit must be accurate to the best of your knowledge. You must not misrepresent your identity, your connection with an account or your authority to act for another person. Identifying a public third-party account does not, by itself, represent that you own or control it. We may rely on the information you submit without verifying it.

Materials you submit

You must have the right to provide any materials you submit. Free Sample forms are intended for public channel references and the information needed to assess the request. Do not submit passwords, access tokens, private analytics exports or confidential materials through them.

You retain any rights you hold in submitted materials. You give us non-exclusive permission to receive, store, review, copy and use them as necessary to assess, prepare and deliver the requested sample, respond to related enquiries and keep records of the request. This does not transfer ownership or grant a general publication licence. This permission concerns rights in the submitted materials; it does not replace any legal basis required for processing personal data.

No publicity without permission

Submitting a request does not authorise us to publish your non-public submission, identify you or your represented client as a customer reference, use a logo as a client reference or attribute a testimonial to you. Such uses require separate permission. This does not prevent lawful, independent analysis or publication based on public information, subject to third-party rights, or our use of a sample under section 3 (Use of samples in our marketing).

Indemnity

If you breach your obligations under these Terms, including by presenting our findings as statements of fact or allegations or by sharing a sample beyond the permitted recipients, you will indemnify us against any resulting third-party claims, including reasonable legal costs, to the extent you are responsible for the breach.

5 Ownership, use and sharing

Our rights

We retain the rights we own or control in our original reports, analyses, text, designs, methods, templates, software and databases. Providing a sample does not transfer ownership of those materials or create a right to receive our underlying tools or source files. We do not claim ownership of third-party content or of facts and metrics merely because we use them.

Third-party materials

Third-party posts, images, comments, logos and other materials remain subject to their owners’ rights. Their inclusion in our materials does not authorise unrestricted copying or reuse.

Using website content

You may view public website content, download or print copies for personal reference or internal business evaluation, and share links to publicly accessible pages. These permissions do not authorise public republication or resale of our protected materials.

Using and sharing a Free Sample

You may retain, copy and use a Free Sample for personal or internal business purposes. You may share it within your organisation and with your professional advisers or an agency authorised to act for you, provided the sharing is for those purposes.

Where an agency requests a Free Sample for a client it is authorised to represent, the agency may share the sample with that client. The client may use it internally and share it within its organisation, with its professional advisers or with an agency authorised to act for it, on the same conditions. This does not authorise circulation to unrelated agency clients.

When sharing a sample, you must explain the applicable use and sharing restrictions to the recipients and are responsible for their compliance with them. You may not authorise wider publication, distribution or resale on our behalf. You may apply the sample’s insights in ordinary business activities, including advising the represented client; this does not authorise resale or sharing outside the permissions above.

Uses that need our permission

Except for these permissions and uses permitted by law, our prior written permission is required to publish a sample, make it publicly available, distribute it outside the permitted recipients or resell it, whether in full or through substantial extracts. Email permission is sufficient. Other reproduction, republication or commercial distribution of our protected materials also requires permission unless already authorised by these Terms or applicable law.

Retain applicable attribution, rights notices and analytical qualifications in copies you share. You must not alter or present our materials in a way that misrepresents our findings or implies an endorsement we have not given.

Statutory rights

Statutory rights, including lawful quotation and other uses permitted by law, remain unaffected. Our permissions extend only to rights we are entitled to grant; they do not transfer or expand rights in third-party materials.

6 Marketing and privacy

Marketing communications

The Free Sample request and the marketing selection are separate. Requesting a sample does not subscribe you to a newsletter or authorise promotional communications. The marketing selection is optional and initially unticked. We will not use your contact details for sales prospecting or marketing unless you separately opt in. This does not prevent a sample from including information about our paid services. Any marketing will be limited to the purposes described in the consent wording you accept.

You may unsubscribe or withdraw marketing consent at any time using the relevant unsubscribe facility or by contacting us. Refusing or withdrawing marketing consent does not affect your Free Sample request or your permitted use of a sample already received.

Privacy Policy

We process personal data in accordance with our Privacy Policy, available on our website. The Privacy Policy is a separate notice and does not form part of these Terms. It explains what personal data we process, for which purposes and on which legal bases, how long we keep it and how individuals can exercise their rights. Acceptance of these Terms does not constitute consent to marketing, tracking or any other processing requiring separate consent.

Privacy enquiries and objections

Privacy enquiries and data objections may be sent to [email protected]. Individuals may also use the data-objection page at sodalytics.com/data-objection. Individual creators and commenters can request exclusion from our public social media analysis without giving a reason. Other objections are handled in line with applicable data protection law. Both processes are explained in our Data Subject Rights and Privacy Complaints Policy.

7 Website use and availability

Acceptable use

You must not use the website or its forms unlawfully, infringe another person’s rights, submit malicious code, attempt unauthorised access or interfere with the security or operation of our systems. This includes attempting to bypass access controls or deliberately disrupting the forms or website.

We may take proportionate measures to prevent or address misuse, including restricting access where reasonably necessary. Any restriction remains subject to applicable law and does not, by itself, remove your mandatory rights.

Availability

We may maintain, modify or discontinue free website content or functionality at any time and without notice. We do not promise uninterrupted availability or permanent access to every published item. This does not affect rights in copies you are already entitled to retain.

Third-party links

Links and references may lead to websites or platforms operated by third parties under their own terms, access conditions and privacy notices. We do not control their availability, functionality or subsequent changes. Providing a link does not, by itself, constitute endorsement.

Reporting errors and concerns

You can report an error or a concern about our use of material to [email protected]. Please identify the relevant page or report and explain the concern so we can assess it. Using this contact route is not a prerequisite to exercising a statutory right, making a complaint to a competent authority or seeking a legal remedy.

8 Liability

Where these Terms apply to you, our liability in connection with them, any Free Sample and any other content we provide, whatever the legal basis, is governed by this section.

We are liable without limitation for intentional or grossly negligent conduct, including conduct by persons for whom we are legally responsible; for death, personal injury or damage to health caused intentionally or negligently; for fraudulent concealment; under guarantees expressly assumed by us, to the extent of those guarantees; and under mandatory product liability law.

Nothing in these Terms excludes or limits rights or liability that cannot lawfully be excluded or limited, including mandatory rights under consumer and data protection law.

For ordinary negligence, we are liable for breach of an essential contractual obligation: an obligation necessary for proper performance of the contract and on whose performance you may ordinarily rely. Liability in that case is limited to actual, proven loss, and only to the extent that loss was foreseeable and typical for the contract when it was formed. This limitation does not apply to the matters for which we are liable without limitation or to rights or liability that cannot lawfully be limited. Otherwise, liability for ordinary negligence is excluded, subject to the exceptions above and any mandatory liability.

If you are not a consumer, claims against us based on ordinary negligence become time-barred 1 year after the statutory limitation period begins. This does not apply to the matters for which we are liable without limitation.

To the extent permitted by law, the same limitations apply to the personal liability of persons we engage to perform our obligations.

Subject to the above, decisions you make on the basis of a sample or other content we provide are your own responsibility.

9 General provisions

Changes to these Terms

The version of these Terms made available when you submit your request governs that request and any resulting sample. We may update the Terms for future requests. Existing arrangements change only where a change is validly agreed or otherwise permitted by law. Posting revised Terms, silence or continued browsing does not, by itself, amend an existing arrangement.

Individually agreed terms

Any terms individually agreed with you take precedence over these Terms to the extent of a conflict.

No waiver

If we do not enforce a provision of these Terms, this does not waive our right to enforce it later.

Governing law and jurisdiction

German law governs these Terms and agreements made under them. If you are a consumer, this choice does not deprive you of mandatory protections otherwise applicable under the law of your habitual residence.

If you are not a consumer, the courts having jurisdiction for our place of business have exclusive jurisdiction, to the extent permitted by applicable law.

Invalid provisions

If a contractual provision is invalid or has not been validly incorporated, applicable statutory rules govern the resulting gap. The remaining agreement continues to apply to the extent provided by law.

Language versions

These Terms are available in English and German. The German version is provided for convenience of reading. In the event of any inconsistency, the English version prevails.