Skip to content
DealPilotTry for free

Terms of service

Stand: 07.10.2026 (as of 7 October 2026)

This English version is a convenience translation. Only the German version (Allgemeine Geschäftsbedingungen) is legally binding. In the event of any discrepancy, the German version prevails.

Section 1 Scope and provider

  1. These Terms of Service ("Terms") apply to all contracts between DealPilot UG (haftungsbeschränkt), Uhlenbruch 15b, 33098 Paderborn, Germany ("DealPilot", "we", "us") and its customers concerning
    • the use of the DealPilot CRM software as software-as-a-service ("Software", Module A), and
    • outbound sales as a service ("Sales Service", Module B, Section 18).
  2. Our services are offered exclusively to businesses (entrepreneurs within the meaning of Section 14 of the German Civil Code, BGB), legal entities under public law and special funds under public law. We do not enter into contracts with consumers (Section 13 BGB). On conclusion of the contract, the customer confirms that it is acting in the exercise of its commercial or independent professional activity.
  3. Deviating, conflicting or supplementary terms of the customer only become part of the contract if we expressly agree to them in text form.
  4. Individual agreements (e.g. an Enterprise contract or an order for the Sales Service) take precedence over these Terms.

Section 2 Definitions

  • Workspace: the instance of the Software set up for a customer, separated from other customers, with its own database.
  • User: a natural person whom the customer grants access to the Software.
  • Customer Data: all data entered, imported or generated in the Software by the customer or its users.
  • Billing period: one month for monthly billing, twelve months for annual billing.

Section 3 Trial access

  1. During the beta phase, companies may request free access via our website. We review every request and decide freely whether to activate it. There is no entitlement to activation.
  2. Activation creates a free-of-charge usage agreement to which these Terms apply accordingly. We state the scope (usually the features of the Business plan with up to 10 users) and the end date of trial access when activating it. Notwithstanding Section 15, during trial access we are only liable for intent and gross negligence and in the cases of Section 15(1)(b) and (c).
  3. We will inform the customer in good time before trial access ends. The customer may then choose a paid plan; the workspace is carried over with all data. Otherwise the workspace is locked when trial access ends and permanently deleted with all customer data 30 days later.
  4. Trial access does not automatically convert into a paid contract.
  5. We may block trial access in case of misuse. Features may change during the beta phase.

Section 4 Conclusion of contract

  1. The presentation of plans on our website is not a binding offer but an invitation to submit an offer.
  2. The customer submits a binding offer by selecting a plan, number of users and billing interval in the checkout, accepting these Terms and the Data Processing Agreement (DPA) and clicking the order button. The contract is concluded upon our confirmation in text form (email) or upon activation of the paid plan, whichever occurs first.
  3. Enterprise contracts and contracts for the Sales Service are concluded by an offer or order confirmation signed by both parties.
  4. The contract language is German. We store the contract text; the customer receives these Terms and the DPA with the order confirmation.

Section 5 Description of the Software

  1. The Software is a web-based CRM system for sales. Depending on the plan, it includes in particular:
    • management of leads and contacts, data import
    • call workplace with call outcomes and scripts
    • pipeline and deal management
    • offers and invoices including reminders and dunning
    • finance overview and commission calculation
    • customer portal
  2. The specific scope of the Start, Team, Business and Enterprise plans is set out in the service overview valid at the time of contract conclusion: [[TARIF-LEISTUNGSUEBERSICHT: link or annex]].
  3. We provide the Software via the internet. The customer is responsible for its internet connection, suitable devices and an up-to-date browser.
  4. We continuously develop the Software. We may change, replace or discontinue features provided that the contractually agreed core scope of the booked plan is not materially restricted and the change is reasonable for the customer. We give timely notice of material changes in text form.
  5. We do not provide legal, tax or accounting advice. Templates (e.g. for invoices, dunning notices or commissions) are working aids; the customer must check whether they meet its legal and tax requirements.

Section 6 Availability and maintenance

  1. In the Start, Team and Business plans, we do not guarantee any specific availability. We aim for a monthly average availability of [[ZIEL-VERFUEGBARKEIT, e.g. 99.5 %]]; this is a target, not a commitment.
  2. For the Enterprise plan, availability with a service level agreement (SLA) may be agreed individually.
  3. We carry out planned maintenance outside usual business hours where possible and announce it with reasonable notice where possible. Necessary security updates may be applied at any time.
  4. We are not responsible for outages caused by force majeure, disruptions of networks outside our control or causes on the customer's side.

Section 7 Users and licences

  1. For the term of the contract, we grant the customer the non-exclusive, non-transferable and non-sublicensable right to use the Software to the extent booked for its own business purposes.
  2. Fees are based on the number of users (seats) booked. Each user account is assigned to a specific natural person and may not be used by several persons simultaneously or alternately. Reassigning a seat to another person (e.g. when an employee leaves) is permitted.
  3. Customer portal accounts for the customer's own clients [[KUNDENPORTAL-ZUGAENGE: "do not count as users" or define rule]].
  4. The customer may not decompile the Software, query it automatically beyond its intended use or make it available to third parties unless provided for in the contract. Sections 69d and 69e of the German Copyright Act (UrhG) remain unaffected.

Section 8 Customer obligations

  1. The customer keeps access credentials secret, protects them from third-party access and informs us without delay if it suspects misuse.
  2. The customer is solely responsible for the Customer Data it stores and its lawfulness. In particular, the customer ensures that
    • it collects, imports and processes personal data only on a valid legal basis under the GDPR and informs data subjects;
    • promotional calls, emails and other contacts that it prepares or carries out using the Software comply with applicable law, in Germany in particular Section 7 of the Act against Unfair Competition (UWG) (promotional calls to consumers only with prior express consent, to other market participants only with at least presumed consent) and, for contacts abroad, the rules applicable there;
    • objections of data subjects to marketing are respected and recorded in the Software;
    • offers, invoices and dunning notices created with the Software are correct in content, tax and law;
    • no unlawful content is stored and no malware is uploaded.
  3. The customer indemnifies us against third-party claims based on a culpable breach of these obligations, including reasonable costs of legal defence, and supports us in defending such claims.
  4. Where necessary for it, the customer keeps its own copies of important data at reasonable intervals using the export function.
  5. In the event of a material breach of these obligations, we may temporarily block access in whole or in part where necessary to prevent damage. We take the customer's legitimate interests into account and inform it without delay.

Section 9 Prices, payment, default

  1. The prices per user per month stated on the website or in the offer at the time of contract conclusion apply. All prices are net, plus statutory VAT where applicable. For customers in other EU member states with a valid VAT ID, the reverse-charge procedure applies.
  2. For annual billing we grant a discount compared with the monthly price (currently around 20 %); the price shown in the checkout is decisive.
  3. Fees are payable in advance for each billing period. Payment is made by SEPA direct debit or credit card via our payment service provider Stripe. Payment by invoice may be agreed for the Enterprise plan; invoices are then payable without deduction within [[ZAHLUNGSZIEL, e.g. 14 days]].
  4. For SEPA direct debit, the customer grants a SEPA B2B or core direct debit mandate. The pre-notification period is reduced to one day before the due date. The customer bears the costs of chargebacks for which it is responsible.
  5. If the customer is in default of payment, statutory rules apply, in particular default interest of 9 percentage points above the base rate (Section 288(2) BGB) and the lump sum under Section 288(5) BGB. If the customer is more than 14 days in default with a not insignificant amount, we may block access until payment after giving at least 7 days' notice in text form. The payment obligation remains. The right to terminate for cause remains unaffected.
  6. Price changes: We may change prices with effect from the start of a new billing period, but no earlier than 12 months after the start of the contract or the last price change. We announce price changes in text form at least 6 weeks before they take effect. The customer may then terminate the contract with effect from the date the price change takes effect (special termination right); we point out this right in the announcement. If the customer does not terminate, the new price applies from that date. Changes in statutory VAT apply without notice.
  7. The customer may only set off claims that are undisputed or have been finally established by a court.

Section 10 Plan changes and number of users

  1. Upgrades (higher plan or additional users) are possible at any time and take effect immediately. The difference for the current billing period is charged pro rata.
  2. Downgrades (lower plan or fewer users) take effect at the end of the current billing period. Features not included in the lower plan will then no longer be available; the related data remains exportable until the end of the contract where technically possible.
  3. A switch from monthly to annual billing is possible at any time; a switch from annual to monthly billing at the end of the annual term.

Section 11 Term and termination

  1. Monthly billing: The contract runs for an indefinite period and may be terminated by either party at any time with effect from the end of the current billing month.
  2. Annual billing: The contract has a term of 12 months. It renews automatically for a further 12 months unless terminated with [[KUENDIGUNGSFRIST-JAHRESVERTRAG, e.g. one month's]] notice before the end of the respective term. We remind the customer in text form of the upcoming renewal no later than [[ERINNERUNG, e.g. 6 weeks]] before the notice period expires.
  3. The right to terminate for good cause remains unaffected. Good cause for us exists in particular if the customer is in default with two monthly payments or repeatedly commits material breaches of Section 8 despite a warning.
  4. Termination must be in text form (e.g. email) or via the termination function in the Software.
  5. Fees already paid are not refunded pro rata in case of ordinary termination. In case of termination under the special termination right in Section 9(6) or for good cause for which we are responsible, we refund prepaid fees for the period after the end of the contract pro rata.

Section 12 Data export and deletion after the end of the contract

  1. The customer can export its Customer Data at any time during the term in a common format (e.g. CSV).
  2. After the end of the contract, the workspace remains accessible in read-only mode with export function for 30 days. We then permanently delete the workspace and all Customer Data unless there is a statutory retention obligation. Backups are overwritten in the regular rotation no later than after [[BACKUP-AUFBEWAHRUNG]].
  3. Invoice and contract data that we must retain as our own records (e.g. our invoices to the customer) are excluded from deletion.
  4. For personal data, the rules on return and deletion in the DPA also apply.

Section 13 Rights to the Software and Customer Data

  1. All rights to the Software, including source code, documentation and trademarks, remain with us.
  2. Customer Data remains the property of or at the disposal of the customer. We use Customer Data only to perform the contract. We may use anonymised technical metrics that cannot be related to the customer or individuals (e.g. load, error rates) to improve the Software.
  3. We may use the customer's suggestions and feedback on the Software free of charge.

Section 14 Defects

  1. We maintain the Software in a condition suitable for contractual use during the term. The customer reports defects without delay in text form with a comprehensible description.
  2. We remedy reported defects within a reasonable time, at our option by bug fix, update or workaround.
  3. Strict liability for defects already existing at the time of contract conclusion (Section 536a(1) alt. 1 BGB) is excluded.
  4. The customer may not assert a price reduction by deducting from fees, only by reclaiming; the right of termination under Section 543(2) sentence 1 no. 1 BGB remains unaffected but requires that we first had the opportunity to remedy the defect and failed.

Section 15 Liability

  1. We are liable without limitation a) for intent and gross negligence, b) for damage resulting from injury to life, body or health, c) under the German Product Liability Act (ProdHaftG), d) to the extent of a guarantee we have given and for fraudulent concealment of a defect.
  2. In case of a slightly negligent breach of a material contractual obligation (cardinal obligation), our liability is limited to the foreseeable damage typical for this type of contract at the time of contract conclusion. Material contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely.
  3. Otherwise, liability for slight negligence is excluded.
  4. In the cases of paragraph 2, liability for loss of data is limited to the effort that would have been required for restoration if the customer had backed up data regularly and appropriately to the risk (in particular via the export function). This does not apply where we have contractually assumed responsibility for data backup.
  5. [[HAFTUNGSHOECHSTBETRAG: optional – e.g. "In the cases of paragraph 2, liability per contract year is limited to the fees paid by the customer in the preceding 12 months, but at least EUR [[BETRAG]]." – only include after legal review]]
  6. The above limitations also apply in favour of our legal representatives, employees and vicarious agents.
  7. Liability under the GDPR (Art. 82 GDPR) is governed by statutory provisions; between the parties, the rules of the DPA apply additionally.

Section 16 Data protection and data processing

  1. Where we process personal data on behalf of the customer within the Software, the Data Processing Agreement (DPA) under Art. 28 GDPR applies, which the customer accepts on conclusion of the contract (including when trial access is activated). The customer remains the controller under the GDPR.
  2. Our privacy policy applies to the processing of data for which we are the controller (e.g. contract and billing data): [[LINK-DATENSCHUTZERKLAERUNG]].

Section 17 Confidentiality

  1. Each party keeps confidential information of the other party obtained in connection with the contract confidential and uses it only to perform the contract. This obligation continues for 3 years after the end of the contract.
  2. This does not apply to information that is publicly known, was already known to the receiving party, was lawfully disclosed to it by third parties or must be disclosed due to legal or regulatory obligations.
  3. We may only name the customer as a reference with its prior consent.

Section 18 Module B: Sales as a service

  1. The Sales Service (in particular telephone outreach to businesses, appointment setting and – where agreed – concluding contracts on the customer's behalf) is governed by the individual order (offer, order confirmation or framework agreement with service description). It sets out in particular target group, campaigns, scope, fees (e.g. flat fee, fee per appointment or per deal), term and reporting. These Terms apply additionally.
  2. No guaranteed result: We provide the Sales Service as a service. A specific result (e.g. a minimum number of appointments, deals or revenue) is only owed if expressly agreed as a result in the order.
  3. Lawful outreach: We only contact businesses, and only where, after careful review, at least presumed consent within the meaning of Section 7(2) No. 1 UWG can be assumed or the rules of the target country are complied with. We may refuse to contact individual contacts or target groups if, in our assessment, this would be unlawful. Where the customer provides contact data, it warrants that it collected the data lawfully and may pass it on.
  4. Content and statements: The customer provides us with accurate information about its products, prices and terms and is responsible for its accuracy. We do not make commitments beyond the content approved by the customer.
  5. Authority to conclude contracts: We only conclude contracts on the customer's behalf if and to the extent the customer has expressly authorised us in the order and within the limits set there (e.g. prices, discounts, terms).
  6. Customer portal: During the term, the customer has access to the customer portal, where it can view results (e.g. appointments, call outcomes, deals) and add its own information.
  7. Data protection: The data protection role (processing on behalf, independent controllership or joint controllership) and the required agreement are set out in the order: [[ROLLE-VERTRIEBSDIENSTLEISTUNG]].
  8. Non-solicitation: [[OPTIONAL: customer protection / non-solicitation clause after legal review]].

Section 19 Changes to these Terms

  1. We may amend these Terms with effect for the future where this is necessary for a valid reason, in particular due to changes in law, case law or technical development, and the amendment does not unreasonably disadvantage the customer. Changes to the main performance obligations and prices are excluded (Section 9(6) applies to prices).
  2. We notify changes in text form at least 6 weeks before they take effect. If the customer does not object in text form within this period, the changes are deemed accepted. We point out the period and the consequences of not objecting separately in the notice. If the customer objects, either party may terminate the contract with effect from the date the change would take effect.

Section 20 Final provisions

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. If the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is [[GERICHTSSTAND]]. We may also sue at the customer's general place of jurisdiction.
  3. Amendments and additions to the contract must be in text form. This also applies to waiving this text form requirement. Individual agreements (Section 305b BGB) remain unaffected.
  4. Should individual provisions of this contract be or become invalid, the validity of the remaining provisions remains unaffected. Invalid provisions are replaced by the statutory provisions (Section 306(2) BGB).
  5. The customer may only transfer rights and obligations under this contract to third parties with our prior consent in text form. Section 354a of the German Commercial Code (HGB) remains unaffected.