General Terms and Conditions (T&C) for Leadrealizer Solutions GmbH:

Preamble

Leadrealizer Solutions GmbH offers support for sales activities. This includes the systematic search for new customers who may be interested in a product or service (“prospecting”), individualized automated initial contact and contact follow-up (“outreach”), process optimization and consulting, (data) analytics as well as parts of lead nurturing, which addresses potential customers (“leads”) at the right time with relevant information.
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1 Scope of application

1.1 These General Terms and Conditions (GTC) apply to all business relationships between Leadrealizer Solutions GmbH (hereinafter referred to as “Leadrealizer Solutions GmbH”, “Provider” or simply “Leadrealizer”) and its contractual partners (hereinafter referred to as “Customer”) with regard to the use of the Leadrealizer SaaS solution. By accessing and using the services of Leadrealizer Solutions GmbH, you agree to these General Terms and Conditions. These Terms and Conditions govern your rights and obligations in relation to the use of our platform available at www.leadrealizer.com and hub.leadrealizer.com. If you accept these Terms and Conditions on behalf of a company or other legal entity, you represent that you are authorized to bind that entity to these Terms and Conditions.

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2 Subject matter of the contract

2.1 The Provider makes the Leadrealizer solution available to the Customer. With Leadrealizer, the customer can simplify its lead generation and acquisition in the B2B sector, increase the efficiency of its sales through qualified meetings and thereby potentially reduce sales costs.

3 Scope of services

3.1 The solution includes the provision of the software via the Internet, the storage and processing of customer data and access to the functions of the Leadrealizer Hub, which enables central access to all relevant data.

3.2 The customer defines his ideal target customers (ICP) in the Hub, which form the basis for cold calling. This ICP basis is defined once during the hub setup at the start of the subscription and cannot be changed during the term of the subscription.

3.3 The customer receives customer meetings via the Leadrealizer Hub Solution, which are charged on the basis of the respective subscription contract. Only meetings that correspond to the previously defined target customer base will be charged.

3.4 The client has seven days after the meeting to mark the meeting as ICP-missed. Leadrealizer Solutions GmbH will review this complaint and will not charge for the meeting if the ICP failure is approved. After seven days, the meeting is automatically marked as accepted and invoiced.

3.5 Meetings are billed either on the 15th or 1st of each month. The basic subscription fee is also billed on one of these dates each month.

3.6 Meetings with potential new customers are coordinated by Leadrealizer Hub Solution in conjunction with Calendly. Each customer either brings in their Calendly account themselves via the Hub or gives Leadrealizer Solutions GmbH permission to create one or more Calendly accounts for them.

3.7 Meetings in the Hub cannot be rescheduled by the Customer. The Customer releases appointments for their calendar in Calendly. If a prospect books an appointment, it can only be moved by the prospect.

3.8 Leadrealizer Solutions GmbH requires a 14-day processing time from the signing of the subscription contract for the setup of the customer account. The virtual workshops and training sessions take place during this time. The subscription price is due from the time the customer signs the contract. A delay by the customer, for example by not attending workshops for training, does not affect the billing of the subscription, but can delay the setup.

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4 Conditions of use

4.1 The customer is obliged to create and maintain the technical requirements necessary for access to and use of the SaaS solution.

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5 Rights of use

5.1 The Provider grants the Customer the non-exclusive, non-transferable right, limited to the term of the contract, to use the SaaS Solution to the extent agreed in the contract.

6 Registration and account creation

6.1 In order to be able to use the functions of the platform, Leadrealizer Solutions GmbH must create an account for you. You undertake to provide accurate, current and complete information when registering and to update this information regularly. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

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7 Obligations of the customer

7.1 The Customer is obliged to use the SaaS Solution only in accordance with the applicable laws and the provisions of these GTC.

7.2 The Customer must not misuse the SaaS Solution and must not take any action that could jeopardize the security, integrity or availability of the SaaS Solution.

7.3 You agree to use the Platform only for lawful purposes and in accordance with these GTC. You may not use the Platform to create, distribute or advertise illegal, offensive, defamatory or otherwise objectionable content.
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8. mode of operation
8.1 Leadrealizer collects information about potential customers and contacts from freely accessible legal sources, websites and social media platforms. The information collected typically includes names, job functions, companies, contact information and relevant business activities and interests.

8.2 Leadrealizer uses automated systems to collect and process this information. These systems access and process publicly available data to support sales activities and lead generation.

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9 Remuneration

9.1 The use of the SaaS solution is subject to a fee. The amount of the remuneration is based on the provider's current price list or on the individually contractually agreed conditions. All prices quoted are exclusive of statutory value added tax.

9.2 The subscription contracts have a term of 6, 12 or 24 months. Automatic renewal shall only take place if this has been contractually agreed. The customer has no option to terminate the subscription during the term. Premature termination of the contract by the customer is not possible.

9.3 The costs of the subscription contracts are as follows:

- For a term of 6 months: Monthly fee €2,500 net, plus €250 net per agreed customer appointment and a one-off HUB set-up fee of €1,000 net.
- For a term of 12 months: Monthly fee € 2,250 net, plus € 225 net per agreed customer appointment, excluding set-up fee.
- For a term of 24 months: Monthly fee € 2,000 net, plus € 200 net per agreed customer appointment, also excluding set-up fee.

9.4 Leadrealizer Solutions GmbH pursues a strict no-refund policy. Due to the significant resources expended in providing the Services (including but not limited to cloud storage, data processing and third party integrations), all subscription payments are final and non-refundable, regardless of whether the Customer has fully utilized the Service.

9.5 The customer may only offset his own claims against the claims of Leadrealizer Solutions GmbH if his claims are undisputed or have been legally established.

9.6 Leadrealizer Solutions GmbH's services are remunerated on the basis of a license model. This model comprises up to three user accounts and consists of a monthly basic fee and a variable success fee. The success fee is calculated based on the number of positive responses in the billing period that lead to an agreed “call” (e.g. telephone call, meeting, demo, pitch). As part of the license model, up to 15 different purchased domains can be used, on each of which e-mail accounts can be set up (maximum 15 e-mail accounts). A LinkedIn user outreach is also included in the scope of services.

9.7 A positive response exists when a potential customer signals his interest in a call. Leadrealizer Solutions GmbH categorizes these responses and informs the customer accordingly. The responsibility for the actual execution of a call lies with the customer after the positive response has been forwarded.

9.8 A positive response is defined by the intention of the contacted potential customer to establish direct contact in the near future, e.g. through telephone calls, meetings, demos or pitches (hereinafter referred to as “call”). Leadrealizer categorizes these responses and informs the customer accordingly. The actual execution of a Call is the responsibility of the customer, as the follow-up of positive responses is outside the scope of Leadrealizer's services.

10 Default of payment

10.1 If the invoice is not paid on time within 7 days of the due date for payment, the provider may block or restrict login to the hub. From the 8th day after receipt of the invoice, interest of 5% above the prime rate will be charged.

10.2 In the event of non-payment by the Customer, the Provider may immediately suspend all services. If the customer violates his payment obligation despite a reminder, Leadrealizer is entitled to block the services at the customer's expense. In this case, the customer remains obliged to pay the monthly fees.
to pay the monthly fees. The provider reserves the right to assert further claims due to default of payment.
The provider reserves the right to assert further claims.

11 Contract term and termination

11.1 The contract shall run for the respective term of the subscription.

11.2 Leadrealizer Solutions GmbH may terminate the subscription if the customer's payment terms are not met, which could lead to an assignment to a debt collection company, or if the customer's communication violates German law.

11.3 Leadrealizer Solutions GmbH reserves the right to block or terminate your account or access to the platform without prior notice in the event of violations of these GTC.

11.4 You may terminate your account up to four weeks before the end of the contract period by contacting our support team.

11.5 The Provider reserves the right to terminate the contract with the Customer at any time and without stating reasons, with a notice period of 30 days in writing or in text form. The right to extraordinary termination for good cause remains unaffected.

11.6 The right to extraordinary termination for good cause remains unaffected.

12 Liability

12.1.The provider makes the platform available “as is” and does not guarantee the suitability or accuracy of the services. Leadrealizer Solutions GmbH is not liable for indirect, incidental, special, consequential or punitive damages, including but not limited to lost profits, data loss, loss of use, goodwill or other intangible losses, arising out of your access to or use of the platform. Furthermore, Leadrealizer Solutions GmbH does not accept any liability for sending e-mails as part of the outreach, the use of the domains, claims for damages under competition law due to B2B cold e-mail addresses, or for the use of the LinkedIn or X account and the associated outreach. Leadrealizer Solutions GmbH is also not responsible for the loss of a LinkedIn or X account or for any resulting consequences.

12.2 The Provider is not liable for intent and gross negligence or for damages resulting from injury to life, limb or health.

12.3 The Provider shall only be liable for slight negligence in the event of a breach of material contractual obligations (cardinal obligations). In such cases, liability shall be limited to the foreseeable damage typical of the contract.

12.4 The Provider shall not be liable for damages resulting from improper use of the SaaS Solution by the Customer, including, but not limited to, damage to reputation, violations of competition law, warnings or loss of profit. The liability of the Provider is in any case limited to the amount of the annual basic fee of the contract.

12.5 The Customer shall indemnify the Provider against all third-party claims that are raised due to statements, actions or omissions by the Customer that lead to damage to reputation or infringements of competition law. The Provider shall not be liable for reputational damage arising from the use of the SaaS solution.

12.6 The Customer bears full responsibility for all content that it distributes via the SaaS Solution and indemnifies the Provider against any claims arising from warnings due to legal infringements (including, but not limited to, copyright, competition law, data protection).

12.7 The Provider shall not be liable for loss of profit, business interruption or indirect damage caused by the use or inability to use the SaaS Solution. This limitation of liability shall also apply if the Provider has been advised of the possibility of such damages.

12.8 Any further liability of the Provider is excluded.

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13 Changes to the services and API

13.1 The Provider reserves the right to change, improve or update the SaaS Solution, APIs and the associated services at any time. The Customer will be informed of any significant changes.

14 Service Level Agreements (SLA)

14.1 The Provider undertakes to ensure availability of the SaaS solution of at least 95% on an annual average. Should the availability fall below this value, the customer shall be entitled to a credit note calculated as a percentage of the downtime. The provider's maximum liability in the event of non-fulfillment of the SLA is limited to 50% of the monthly basic fee for the billing period concerned.

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15 Data and AI Policy

15.1 The Provider is the owner of all data that is stored or processed via the SaaS solution.

15.2 The Customer grants the Provider the right to use the data processed via the SaaS Solution to train, improve and further develop AI models. This use of the data takes place exclusively in anonymized and aggregated form, so that no conclusions can be drawn about the customer. The use of the data for these purposes is not restricted, even after the end of the contract. The customer has no claim to the training data or results.

15.3 The same applies to campaigns. The provider reserves the right to speak publicly about these campaigns and is the owner of the campaigns.

16 Data protection and GDPR

16.1 The Provider processes the Customer's personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. This data generally includes the names and contact details of the employees provided by the customer for the collaboration. This data is processed and stored exclusively for the commissioned purpose.

16.2 All personal data received by the Provider shall be stored on servers within the European Union. The provider uses suitable technical and organizational measures to protect this data from unauthorized access. Access to this data is only permitted to authorized employees of the provider.

16.3 Personal data shall only be passed on to third parties if this is necessary for the fulfillment of the purpose of the contract, e.g. in the context of cooperation with technically involved third parties. In such cases, the Provider shall ensure that the third parties involved are also subject to the data protection provisions of the GDPR.

16.4 The customer has the right to request the correction, restriction or deletion of their personal data at any time. Such requests can be sent to office@leadrealizer.com. The Provider undertakes to process such requests immediately, unless there are statutory retention obligations or the data is still required to fulfill ongoing orders.

16.5 The personal data will be stored for the duration of the cooperation between the customer and the provider. Should the collaboration end, the data will either be deleted or anonymized, unless there are statutory retention obligations. A collaboration is deemed to have ended if one of the parties declares the end of the business relationship in writing or if no active collaboration has taken place after a period of five years. Leadrealizer does not owe any further storage.

16.6 The provider is not liable for data protection violations caused by the customer or its employees. The customer is responsible for ensuring that its use of the SaaS solution complies with the requirements of the GDPR.

16.7 Leadrealizer accesses freely accessible legal sources, websites and social media platforms to collect information about potential customers and contacts. The information collected typically includes names, job functions, companies, contact information and relevant business activities and interests. Leadrealizer limits itself to the collection of professional contact data and publicly available information that is relevant for making contact.

16.8 Leadrealizer uses automated systems to collect and process this information. These systems access publicly available data and process it to support sales activities and lead generation.

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17 Data order processing

17.1 If Leadrealizer is commissioned by the customer to process personal data of the customer or to research, provide or use personal data of third parties for the customer for the purpose of establishing contact, this commissioned data processing is carried out on the basis of and in compliance with the provisions of the GDPR. The customer undertakes to comply with these in the same way as Leadrealizer. In this case, the provisions of these GTC apply as an order data processing agreement within the meaning of the GDPR.

17.2 Data processing is carried out exclusively within the scope of the purpose defined in the service offer and the scope of processing described therein. Any processing of personal data that is not earmarked for a specific purpose is excluded.

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18 AI Act

18.1 The Provider undertakes to comply with all future legal requirements of the EU AI Act, insofar as these apply to the services provided by the SaaS solution. The Customer is obliged to design the use of the AI-based functions of the SaaS Solution in such a way that it complies with the requirements of the AI Act.

18.2 The Provider reserves the right to change or discontinue the functionalities of the AI-based services if this becomes necessary due to legal requirements of the AI Act. The customer will be informed of any significant changes that could significantly affect their use of the services.

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19 Collaboration

19.1 We value your feedback and suggestions for improving our platform. All submissions of feedback are considered non-confidential and become the property of Leadrealizer Solutions GmbH. Leadrealizer Solutions GmbH shall be entitled to use, modify and incorporate such feedback into its products and services without acknowledgment or compensation.

19.2 Neither party is permitted, during or after termination of this agreement, without the prior written consent of the other party, to use information that is of a confidential nature or has been marked as confidential by the other party for any purpose other than to fulfill its obligations under this agreement. This does not include, for example, campaigns.

19.3 Leadrealizer reserves the right to publish a brief public description of the collaboration, stating the topic, industry and key dates of the collaboration, on the Leadrealizer website, in social media, at trade fairs, in brochures, in ADs and in and on other advertising media. The naming of the customer (company name and contact person) as well as the display of the customer's logo is done without the customer's consent.

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20 Final provisions

20.1 Amendments and supplements to these GTC must be made in writing.

20.2 Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally permissible provision that comes closest to the economic purpose of the invalid provision.

20.3 This agreement shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. All disputes arising out of or in connection with this agreement shall be finally settled by arbitration. The place of jurisdiction is the registered office of Leadrealizer Solutions GmbH, in this case Cologne.