AGB

These terms and conditions apply to all contracts between DealEngine GmbH (hereinafter “DealEngine”) and commercial customers (hereinafter “Customer”) for the use of the DealEngine platform for automated lead generation and sales optimization.

The use of DealEngine requires registration via an onboarding form. There is no right to conclude a contract. DealEngine reserves the right to reject requests within four weeks. The offer is aimed exclusively at entrepreneurs within the meaning of § 14 BGB. Minors or private individuals are excluded. DealEngine can request official documents for identity verification at any time (e.g. business registration, commercial register extract).

Depending on the selected service package or individual agreement, DealEngine provides the following services in particular: creating lead lists including psychological profiles and scoring models, setting up, executing and sending personalized multi-channel campaigns, pre-qualifying leads including follow-up measures and handing over qualified leads to the client. In addition, the scope of services includes reporting, feedback evaluations and continuous optimization of measures. There is no entitlement to specific results unless this has been expressly agreed.

The customer is responsible for the accuracy, completeness and timeliness of the information provided by him and undertakes to check all content before publishing or using it. Login data must be kept confidential and protected against access by third parties. Damages resulting from misuse of access data fall within the customer's area of responsibility. DealEngine only provides the technical infrastructure; the customer alone is responsible for the legal admissibility, accuracy and design of the content provided. When you interact with us via LinkedIn, data is processed in accordance with LinkedIn's privacy policy. We use LinkedIn to keep you informed about our offers and news.

For individual functions, in particular for sending emails, booking appointments or payment processing, DealEngine uses external third-party tools. The customer agrees that DealEngine interacts with these third parties as part of the execution of the contract and, where necessary, uses appropriate interfaces. DealEngine assumes no liability or warranty for the functionality, availability, security, or content of the services provided by third parties.

The customer reserves all rights to texts, images, logos, etc. provided. He grants DealEngine a non-exclusive, gratuitous, revocable right of use to process and promote the content in the context of the commissioned service.

DealEngine's services are used either on the basis of a fixed price or success-based remuneration, in particular per qualified appointment, provided that this has been agreed individually. Only the prices specified in the respective offer or in a separate agreement are decisive. Invoices are sent electronically by e-mail in PDF format. Unless otherwise agreed, the payment term is 14 calendar days from the date of the invoice. In the event of chargebacks, unredeemed direct debits or other payment problems, DealEngine is entitled to suspend ongoing campaigns until the outstanding claims have been settled in full. Any processing or chargeback fees resulting from payment problems will be charged to the customer.

DealEngine aims for an annual average availability of 99% of the services provided. This does not apply to periods of planned maintenance work, which are usually carried out outside normal business hours, in particular at night or on weekends. There may be temporary restrictions or interruptions in availability during such maintenance windows. This does not result in any claims on the part of the customer for a reduction, compensation or other compensation.

The processing of personal data is carried out in accordance with the GDPR. The current privacy policy is available at https://deal-engine.de/datenschutz retrievable.

DealEngine is fully liable in the event of intent or gross negligence. In the event of simple negligence, DealEngine is only liable for breach of essential contractual obligations (cardinal obligations); in this case, liability is limited to foreseeable damage typical of the contract. Liability for lost profit, indirect damage, subsequent damage, loss of data or damage arising from content or services provided by third parties is excluded, to the extent permitted by law. Non-fault liability in accordance with Section 536a (1) BGB is excluded.

DealEngine assumes no liability for the content and sending of messages sent as part of campaigns via e-mail, LinkedIn or other communication channels. Responsibility for the legal admissibility of the content, its design and delivery lies exclusively with the customer. In particular, the customer is solely liable for violations of applicable legal regulations, including but not limited to competition law, telemedia law and the General Data Protection Regulation (GDPR) .DealEngine acts exclusively as a technical service provider and implements campaigns exclusively on the basis of content, objectives and instructions released by the customer.

Unless otherwise expressly agreed, the contract is concluded for an indefinite period. The contract can be duly terminated by both parties with a notice period of four weeks to the end of the month. The right to extraordinary termination for good cause remains unaffected. There is an important reason in particular in the event of late payment by the customer or serious breaches of contractual or legal obligations. After termination of the contractual relationship, customer-specific data will be deleted, provided and insofar as there are no legal storage obligations to the contrary. Customer data will be handed over or exported after the end of the contract against reimbursement of the expenses incurred. A flat cost of 150 EUR per hour is charged for this.

Changes to these general terms and conditions will be announced to the customer in text form, in particular by e-mail. If the customer does not object to the changes within 14 calendar days of receipt of the notification, the amended terms and conditions are considered accepted. The customer is expressly informed of the deadline and the legal consequences of the silence in the notification of change.

German law applies. The place of jurisdiction is Potsdam. Should a clause be ineffective, the rest of the contract remains effective.