General Terms and Conditions (GTC) of Leadrealizer Solutions GmbH

Preamble

Leadrealizer Solutions GmbH provides support for sales activities. This includes, among other things, the systematic search for new customers who might be interested in a product or service (“prospecting”), individualized automated initial outreach and follow-up communication (“outreach”), process optimization and consulting, (data) analytics, as well as parts of lead nurturing that provide potential customers (“leads”) with relevant information at the right time.

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”) regarding the use of the SaaS solution Leadrealizer. By accessing and using the services of Leadrealizer Solutions GmbH, you agree to these General Terms and Conditions. These GTC govern your rights and obligations with respect to the use of our platform, available at www.leadrealizer.com and hub.leadrealizer.com. If you accept these GTC on behalf of a company or another legal entity, you warrant that you are authorized to bind that entity to these terms.

2. Subject Matter of the Contract

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

2.2 Depending on the selected package, the subject matter of the contract includes the provision of the SaaS solution, acquisition and campaign services, content creation (e.g., AI blog packages), data enrichment and cleansing services, as well as optional add-on modules.

2.3 The exact scope of services results from the individually booked package and the service and price overview valid at the time of contract conclusion.

3. Scope of Services

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

3.2 The Customer defines their ideal customer profile (ICP) in the Hub, which serves as the basis for prospecting. This ICP is defined once during the Hub setup at the start of the subscription and cannot be changed during the subscription term.

3.3 The Customer receives customer meetings through the Leadrealizer Hub Solution, which are billed based on the respective subscription contract. Only meetings that match the previously defined ICP are billed.

3.4 The Customer has seven days after the meeting to flag it as not matching the ICP. Leadrealizer Solutions GmbH will review this claim, and if confirmed, the meeting will not be billed. After seven days, the meeting will automatically be considered accepted and billed.

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

3.6 Meetings with potential new customers are coordinated through the Leadrealizer Hub Solution in connection with Calendly. Each Customer either integrates their own Calendly account into the Hub or authorizes Leadrealizer Solutions GmbH to create one or more Calendly accounts on their behalf.

3.7 Meetings in the Hub cannot be rescheduled by the Customer. The Customer provides availability in their Calendly calendar. Once a prospect books a slot, only the prospect can reschedule.

3.8 Leadrealizer Solutions GmbH requires a 14-day processing period from contract signature to set up the customer account. During this time, virtual workshops and onboarding take place. The subscription fee becomes payable upon signature of the contract. Delays caused by the Customer (e.g., failure to attend workshops) do not affect billing but may delay the setup.

3.9 In addition to the core services, the Provider offers optional add-on modules. These include, among others, cold calling, premium mailings, AI blog creation, data cleaning services, recycling of old leads, SEO services, social media packages, and other individually agreed modules.

3.10 The exact scope of each add-on module is set out in the service description and price list valid at the time of contract conclusion.

3.11 The use of these add-on modules is subject to separate agreements and is not included in the base packages unless expressly agreed in writing.

3.12 The Provider reserves the right to expand, modify, or discontinue the add-on module portfolio at any time. Customers will be informed in advance of any significant changes.

4. Requirements for Use

4.1 The Customer is obliged to establish and maintain the technical prerequisites required for access to and use of the SaaS solution.

5. Rights of Use

5.1 The Provider grants the Customer the non-exclusive, non-transferable, and time-limited right to use the SaaS solution within the scope of the contract.

6. Registration and Account Creation

6.1 In order to use the platform’s functions, an account must be created for the Customer by Leadrealizer Solutions GmbH. You agree to provide accurate, current, and complete information during registration 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.

7. Obligations of the Customer

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

7.2 The Customer may not misuse the SaaS solution or engage in activities that could endanger its security, integrity, or availability.

7.3 The Customer may use the platform only for lawful purposes and in compliance with these GTC. They may not use the platform to create, distribute, or promote unlawful, offensive, defamatory, or otherwise objectionable content.

7.4 The Customer is responsible for ensuring that all content, messages, contact data, and sales activities conducted through the SaaS solution comply with applicable legal requirements. This applies in particular to competition law (UWG), data protection law (GDPR), and telecommunications law (TKG). The Customer bears sole legal and economic responsibility for their sales activities.

8. Working Method

8.1 Leadrealizer collects information about potential customers and contacts from publicly accessible legal sources, websites, and social media platforms. Such information typically includes names, professional roles, companies, contact information, as well as relevant business activities and interests.

8.2 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.

9. Remuneration

9.1 The use of the SaaS solution is subject to a fee. The amount of the remuneration is determined by the Provider’s current price list or by individually agreed contractual terms. All prices are exclusive of statutory VAT.

9.2 Subscription contracts have a term of 6, 12, or 24 months. Automatic renewal only occurs if contractually agreed. The Customer has no right to ordinary termination during the term. Early termination by the Customer is not possible.

9.3 The current package prices are set out in the Provider’s current price list. These include in particular the packages “Launch” (3 months), “Boost” (6 months), “Impact” (12 months), as well as individually agreed enterprise packages. Additionally, the Provider offers AI blog packages (“Start,” “Drive,” “Turbo”) with a term of 4 months and data cleaning packages (“Silver,” “Gold,” “Platinum”) at one-time fixed prices. The quotas, service components, and add-ons specified within these packages are binding unless otherwise agreed in writing. All prices are net plus statutory VAT.

9.4 Leadrealizer Solutions GmbH follows a strict no-refund policy. Due to the significant resources required to provide 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 used the service.

9.5 The Customer may only offset their own claims against claims of Leadrealizer Solutions GmbH if their claims are undisputed or legally established.

9.6 The remuneration is based on a license model. This includes up to three user accounts and consists of a monthly base fee plus 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., phone call, meeting, demo, pitch). Up to 15 purchased domains may be used under the license model, each with one email account (maximum 15 email accounts). Additionally, one LinkedIn user outreach is included.

9.7 A positive response is defined as a prospect expressing interest in a call. Leadrealizer categorizes these responses and informs the Customer accordingly. Responsibility for actually conducting the call lies with the Customer after the positive response is forwarded.

9.8 A positive response is defined as the prospect’s intention to establish direct contact in the near future (e.g., via calls, meetings, demos, pitches). Leadrealizer categorizes and forwards such responses to the Customer. Conducting the call is the Customer’s responsibility, as follow-up activities are outside the Provider’s scope of service.

9.9 The Provider is entitled to adjust prices for future contract periods or add-on modules. Price changes only apply to new contracts or renewals; ongoing contracts are not affected.

10. Default of Payment

10.1 If payment is not made within 7 days after the due date, the Provider may suspend or restrict access to the Hub. From the 8th day after invoice receipt, interest of 5% above the base rate will be charged.

10.2 In case of non-payment, the Provider may immediately suspend any services. If the Customer continues to default despite reminders, Leadrealizer is entitled to suspend services at the Customer’s expense. The Customer remains obliged to pay the monthly fees. Further claims due to default remain unaffected.

11. Term and Termination

11.1 The contract runs for the agreed subscription term.

11.2 Leadrealizer Solutions GmbH may terminate the subscription if the Customer fails to meet payment obligations (which may result in assignment to a collection agency) or if the Customer’s communication violates German law.

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

11.4 The Customer may terminate their account up to four weeks before the end of the contract term by contacting the support team.

11.5 The Provider reserves the right to terminate the contract with the Customer at any time and without giving reasons with 30 days’ written or text notice. 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 provides the platform “as is” and does not guarantee suitability or error-free operation. 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 from access to or use of the platform. Leadrealizer Solutions GmbH also assumes no liability for email outreach, domain usage, claims under competition law for B2B cold emailing, or use of LinkedIn/X accounts and related outreach. The Provider is not liable for loss of LinkedIn or X accounts or resulting consequences.

12.2 The Provider’s liability is excluded except in cases of intent, gross negligence, or damages resulting from injury to life, body, or health.

12.3 For slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations). In such cases, liability is limited to typical, foreseeable damages.

12.4 The Provider is not liable for damages resulting from improper use of the SaaS solution by the Customer, including but not limited to reputational damage, competition law violations, warnings, or lost profits. Liability is limited to the annual base fee of the contract.

12.5 The Customer shall indemnify the Provider against all third-party claims arising from statements, actions, or omissions of the Customer that lead to reputational damage or competition law violations.

12.6 The Customer is solely responsible for all content distributed via the SaaS solution and indemnifies the Provider from any claims arising from warnings due to legal violations (including copyright, competition law, data protection).

12.7 The Provider is not liable for lost profits, business interruptions, or indirect damages caused by the use or inability to use the SaaS solution, even if the Provider was informed of the possibility of such damages.

12.8 Further liability of the Provider is excluded.

12.9 The Provider is expressly not liable for warnings, claims for damages, reputational damage, or other third-party claims resulting from the Customer’s use of the SaaS solution, including competition law, data protection law, trademark law, copyright law, or unfair competition.

12.10 The Customer acknowledges that all sales and outreach activities are carried out under their own responsibility and on their behalf. Leadrealizer Solutions GmbH acts solely as a technical service provider and not as the sender or responsible party under competition law.

12.11 Liability for indirect damages, consequential damages, lost profits, reputational damage, or claims due to competition law violations is excluded, regardless of the legal basis.

12.12 The Customer indemnifies the Provider against all claims, costs, damages, or expenses arising from warnings, third-party legal actions, or official proceedings related to the Customer’s use of the SaaS solution.

12.13 The Provider assumes no liability for content generated or automatically published by AI systems (e.g., blog articles, social media posts, advertisements, SEO texts). The Customer is solely responsible for reviewing, approving, and ensuring the legality of published content.

12.14 The Provider assumes no liability for loss, alteration, or unauthorized access to CRM data or other customer data processed during service delivery, especially in cases of force majeure, hacking, server attacks, technical failures, or human error. The Customer is obliged to implement their own data backup measures.

12.15 The Provider is not liable for technical errors, AI malfunctions, software errors, or automation errors that may occur during the use of the SaaS solution, including misdirected communications, duplicate sends, segmentation errors, or delayed sends. Liability for indirect or consequential damages, reputational loss, or economic loss is excluded.

12.16 For the shipment of physical marketing materials (e.g., premium post campaigns), the Provider assumes no liability for printing errors, delays, losses, or damages caused by external service providers (printers, postal or logistics providers). The Provider is also not liable for legal risks related to postal campaigns, especially violations of competition law, data protection law, or advertising law.

12.17 The Customer is solely responsible for the legal and reputational impact of all content created, sent, or published via the SaaS solution. This includes, in particular, all statements, texts, images, blog articles, emails, LinkedIn messages, postal campaigns, and other communications. The Provider acts solely as a technical service provider and does not appear as a sender or responsible party toward third parties.

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13. Changes to Services and API

13.1 The Provider reserves the right to modify, improve, or update the SaaS solution, APIs, and related services at any time. The Customer will be informed of material changes.

13.2 The Provider aims to ensure an average annual availability of at least 95% of its SaaS solution (Service Level). If availability is otherwise stipulated in the contract or SLA, that provision shall take precedence. An outage is deemed to occur when the SaaS platform or essential services (e.g., API endpoints, email delivery components, or Hub functions) are unavailable or materially impaired and thereby affect the contractual purpose.

The Customer is obliged to report an outage immediately upon becoming aware of it, in writing or text form, and to grant a reasonable grace period for restoration. Only after this period has expired without remedy will the outage be considered contractually relevant.

In the event of a justified outage and absent fault on the part of the Provider, the Customer may claim a pro rata credit on the monthly base fee. The credit is calculated proportionally to the downtime in relation to the contractual service period (e.g., 30 days × hours/month).

Any further liability of the Provider for outages is excluded to the extent legally permissible. The Provider shall not be liable for damages resulting from outages—particularly not for indirect damages, loss of profits, or reputational damage—unless caused by gross negligence or willful misconduct.

No compensation entitlement arises if the outage results from the Customer’s inadequate cooperation, infrastructure, or configuration (e.g., firewall settings, internet connection, DNS errors).

The maximum credit for outages within a billing period is limited to 50% of the monthly base fee.

14. Service Level Agreements (SLA)

14.1 The Provider undertakes to ensure an average annual availability of the SaaS solution of at least 95%. If availability falls below this value, the Customer is entitled to a credit proportional to the downtime. The maximum liability of the Provider for non-fulfillment of the SLA is limited to 50% of the monthly base fee of the affected billing period.

15. Data and AI Policy

15.1 The Provider retains ownership of all data stored or processed via the SaaS solution.

15.2 The Customer grants the Provider the right to use data processed through the SaaS solution to train, improve, and further develop AI models. This use is exclusively in anonymized and aggregated form, ensuring that no conclusions can be drawn about the Customer. This data use is not limited, even after the contract ends. The Customer has no entitlement to training data or results.

15.3 The same applies to campaigns. The Provider reserves the right to publicly refer to such campaigns and retains ownership of them.

16. Data Protection and GDPR

16.1 The Provider processes personal data of the Customer in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. These data generally include names and contact details of employees provided by the Customer for the collaboration. Such data are processed and stored exclusively for the contracted purpose.

16.2 All personal data received by the Provider are stored on servers within the European Union. The Provider implements appropriate technical and organizational measures to protect such data from unauthorized access. Access to these data is granted only to authorized employees of the Provider.

16.3 Personal data will only be shared with third parties if necessary to fulfill the contractual purpose, e.g., in the course of cooperation with relevant third parties. In such cases, the Provider ensures that the third parties are also subject to GDPR compliance.

16.4 The Customer has the right at any time to request correction, restriction, or deletion of their personal data. Such requests can be sent to office@leadrealizer.com. The Provider undertakes to process such requests promptly unless legal retention obligations apply or the data are still required to fulfill ongoing assignments.

16.5 Personal data are stored for the duration of the cooperation between the Customer and the Provider. After the cooperation ends, data will either be deleted or anonymized unless legal retention obligations exist. Cooperation is considered terminated when one of the parties declares the end of the business relationship in writing or after five years of inactivity. Leadrealizer is not obliged to retain data beyond this period.

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 GDPR requirements.

16.7 Leadrealizer accesses publicly available legal sources, websites, and social media platforms to collect information about potential customers and contacts. Such information generally includes names, professional roles, companies, contact information, and relevant business activities and interests. Leadrealizer limits itself to the collection of professional contact details and publicly available information relevant for outreach.

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.

17. Data Processing on Behalf

17.1 If the Customer commissions Leadrealizer to process personal data of the Customer or to research, provide, or use personal data of third parties for outreach, such data processing is carried out on the basis of and in compliance with the GDPR. The Customer undertakes to comply with these provisions just as Leadrealizer does. These GTC constitute a data processing agreement (DPA) within the meaning of the GDPR.

17.2 Data processing is carried out exclusively within the scope defined in the service offer and the described processing purpose. Non-purpose-related processing of personal data is excluded.

18. AI Act

18.1 The Provider undertakes to comply with all future legal requirements of the EU AI Act insofar as they apply to the services provided through the SaaS solution. The Customer is obliged to use the AI-based functions of the SaaS solution in a manner compliant with the AI Act.

18.2 The Provider reserves the right to modify or discontinue AI-based functionalities if required by legal obligations of the AI Act. The Customer will be informed of material changes that may significantly affect their use of the services.

19. Cooperation

19.1 We value your feedback and suggestions for improving our platform. Any submission of feedback shall be deemed non-confidential and shall become the property of Leadrealizer Solutions GmbH. Leadrealizer Solutions GmbH is entitled to use, modify, and integrate such feedback into its products and services without acknowledgment or compensation.

19.2 Neither party may, during or after termination of this agreement, use confidential information or information marked as confidential by the other party for any purpose other than fulfilling obligations under this contract without prior written consent. Campaigns are not included in this restriction.

19.3 Leadrealizer reserves the right to publish a short public description of the cooperation, including the subject, industry, and key details of the collaboration, on the Leadrealizer website, social media, trade shows, brochures, ads, and other promotional materials. The Customer’s name (company name and contact person) and logo may be used without the Customer’s consent.

19.4 The Customer expressly acknowledges that Leadrealizer Solutions GmbH acts as a technical and organizational service provider within the cooperation and not as the responsible sender, organizer, or operator of sales activities. All legal responsibility, particularly regarding content, outreach, and legal admissibility, remains with the Customer.

20. Final Provisions

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

20.2 If individual provisions of these GTC are or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the legally permissible regulation that most closely reflects the economic purpose of the invalid provision.

20.3 This agreement is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). 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, which in this case is Cologne, Germany.

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