1. Scope

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.

2. Registration and Conclusion of Contract

• The use of DealEngine requires registration via an onboarding form.

• There is no entitlement to conclude a contract. DealEngine reserves the right to reject inquiries within four weeks.

• The offer is exclusively directed at entrepreneurs within the meaning of § 14 BGB. Minors or private individuals are excluded.

• DealEngine may request official documents for identity verification at any time (e.g., business registration, commercial register excerpt).

3. Scope of Services

DealEngine offers:

• Creation of lead lists including psychological profiles & scoring

• Setup & dispatch of personalized multi-channel campaigns

• Pre-qualification, follow-ups, and handover of leads

• Reporting, feedback evaluation, ongoing optimization
  The exact scope depends on the chosen package or individual agreement.

4. Customer Cooperation Obligations

• The customer is responsible for the accuracy of their information and is obligated to review content prior to publication.

• Access data must be treated confidentially. Damage caused by password misuse is the responsibility of the customer.

• DealEngine provides the technical infrastructure – the customer is responsible for the content.

• Illegal, extremist, pornographic, youth-endangering, or malware-containing content is prohibited.

5. Collaboration with Third Parties

• For certain functions (e.g., email dispatch, appointment scheduling, payment), DealEngine uses third-party tools.

• The customer agrees that DealEngine interacts with these providers for contract processing.

• DealEngine assumes no liability or warranty for the functions, availability, or content of these third parties.

6. Rights to Content

• The customer retains all rights to the texts, images, logos, etc. provided.

• They grant DealEngine a non-exclusive, free, revocable right to use the content in the context of the commissioned services.

7. Prices & Billing

• The use is either at a fixed price or with performance-based billing (e.g., per qualified appointment).

• The prices according to an individual agreement apply.

• Invoices are issued via email in PDF format. Payment terms: 14 days.

• Chargebacks and uncashed direct debits may lead to the suspension of the campaign. Processing fees will apply.

8. Availability & Maintenance

• DealEngine aims for 99% availability on an annual average.

• Maintenance windows are typically at night or on weekends.

• During this time, there may be restrictions – no claims for reduction or damages arise from this.

9. Data Protection

• The processing of personal data is carried out in accordance with the GDPR.

• The current privacy policy can be accessed at https://deal-engine.de/datenschutz.

10. Liability

• DealEngine is liable only in the case of intent or gross negligence.

• For simple negligence, liability is limited to violations of essential contractual obligations and typical, foreseeable damages.

• No liability for loss of profit, data loss, or damages caused by third-party content.

• The liability independent of fault according to § 536a BGB is excluded.

11. Responsibility for Content & Communication

• DealEngine assumes no liability for the content and dispatch of messages sent via email, LinkedIn, or other channels as part of the campaigns. The responsibility for the legal permissibility of the content and its dispatch lies solely with the customer.

• In particular, the customer is solely liable for violations of applicable legal provisions, including - but not limited to - competition law, the Telemedia Act (TMG), and the General Data Protection Regulation (GDPR).

• DealEngine acts solely as a technical service provider and conducts campaigns based on the content and objectives approved by the customer.
  
  

12. Duration & Termination

• The contract runs indefinitely, unless otherwise agreed.

• Ordinary termination at any time with a notice period of 4 weeks to the end of the month.

• Extraordinary termination, e.g., in the event of payment default or serious contractual violations, is possible.

• After the end of the contract, customer data will be deleted unless there is a statutory retention obligation.

• A data export option is available for a flat fee of €150/hour.

13. Changes to the Terms and Conditions

• Changes to the terms and conditions will be announced by email.

• If the customer does not object within 14 days, they are considered accepted.

• This deadline and its effect will be explicitly pointed out in the notification.

14. Jurisdiction & Final Provisions

• German law applies. The place of jurisdiction is Potsdam.

• If a clause is invalid, the remainder of the contract remains valid.

Status: June 2025