Terms and Conditions

Scope

These General Terms and Conditions of Use and Business (“T&Cs”) apply to all Software as a Service services (“SaaS” or “Software”) provided within the scope of the contractual relationship (“Contract”) between Katiba Technology GmbH (hereinafter “Company”, “we”, “Katiba”), whose current address and commercial register details are set out in the legal notice at portal.lead-table.com/impressum, and the sole trader or company as customer (“Customer”, “you”), including all content, functions, services and rules. The Customer’s own general terms and conditions shall only form part of the Contract if Katiba expressly approves them in writing.

Customers may only be entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). These T&Cs do not apply to consumers within the meaning of Section 13 BGB.

Subject matter of the Contract

The subject matter of the Contract is the use of the Software on a subscription basis. Katiba provides web-based software (Software as a Service) that enables the management of leads, i.e. potential customers. Details of the Software’s functions are available on the website www.lead-table.com/pricing. As part of the Contract, these T&Cs apply in full to the information provided there.

We offer our Software in various plans with different scopes of functionality. We also offer packages which may only be available to certain customer groups, may be time-limited and combine the Software with additional digital content. Specific information on the plans can be found at www.lead-table.com/preise.

The Software is used on the basis of client slots. Each client slot is intended for the management of one of the Customer’s client companies (hereinafter “End Client”) within the Software. The number of available client slots depends on the plan selected in accordance with Section 2.2. The Customer can assign a client slot to an End Client and change this assignment within the Software. A client slot may not be used by several End Clients at the same time.

Scope of services

You are only entitled to the Software and services agreed at the time the Contract was concluded in accordance with the websites referred to in Sections 2.1 and 2.2, or the information provided on the website during the purchase process.

We reserve the right to adjust the nature and scope of the Software offered, as well as any functions, in accordance with Section 14.

We always strive to ensure unrestricted usability and availability of our Software but cannot give an unrestricted guarantee of this. We are obliged to ensure an annual average usability and availability of the Software of 98% (“Service Level”).

The provision of the Software shall also be deemed to be in accordance with the Contract to the extent that the Service Level is reduced by a maximum of 6% on an annual average as a result of:

repair, update or maintenance work on Katiba’s website and within Katiba’s Software, or circumstances beyond Katiba’s control, in particular any actions of third parties not acting on Katiba’s behalf and the availability of technical internet functions that Katiba cannot influence.

Conclusion of the Contract & free trial

A contract is concluded between us and you as soon as you, or your authorised representative, create a user account (“Account”) on the platform and accept the T&Cs and the privacy policy.

When you register for the first time and create a new Account, you are on a free plan with limited functionality. If you select one of the available plans (see www.lead-table.com/preise or within your Account), a free 14-day trial period (14 x 24 hours) begins from the time the Account was successfully created (in accordance with Section 4.1). At the end of the trial period, the selected subscription is activated and becomes subject to charges, unless it has been cancelled beforehand in accordance with Section 10. During the trial period, you may use all functions and quotas available in the selected plan without restriction.

There is no right of withdrawal, and a subscription that has been taken out cannot be rescinded.

Data protection

Details on the handling of personal data, data protection and data security are described in detail in the privacy policy. Data is transmitted via a secure, encrypted internet connection.

The processing of personal data that you process through your use of the Software is governed by the provisions of the data processing agreement (“DPA”), which we make available to you online.

In the event that technical or legal conditions change, we reserve the right to change the practices described in the T&Cs and the privacy policy. We will inform you of any changes in good time.

Your responsibilities

Accounts created with Katiba are always personal and may not be transferred. The information you provide during the registration process must be true, complete and up to date. Upon conclusion of this agreement, and at the latest by the end of the trial period, you shall provide us with your company details, i.e. your company name, within the Software. You can update and amend these, as well as all other customer data requested, at any time in your account settings or by contacting us via chat or email.

You are responsible for keeping the login details for your user account confidential and secure. This means that you may not pass on your login details. You are responsible for ensuring that third parties cannot gain knowledge of your login details and must take the necessary measures to ensure confidentiality, in particular by using a secure password consisting of numbers, letters and special characters and changing it at regular intervals.

As part of your duty of care, you shall ensure that you can be reached at the email address provided from the time of registration. You must notify us without undue delay in text form (e.g. by email or within the Software) of any misuse of the Account, any suspicion thereof or any loss of login details.

You must respond to enquiries from Katiba as quickly as possible.

The availability of the Software depends on internet access. You are responsible for ensuring that the system requirements necessary to use the Software are met. If you use third-party offerings (anti-malware programs, security add-ons, ad blockers), you are responsible for ensuring that these do not impair the Software. To that extent, we give no warranty for compatibility and are not liable for damage arising from the use of such offerings.

You warrant that your use of the Software complies with all applicable laws and regulations. In particular, you warrant that you will comply with the following usage restrictions set by Katiba:

The Software may not be used in connection with user content that in any way involves any of the following: false or misleading business opportunities, fraud or pyramid schemes; health-related claims that have been classified as false or misleading by a regulatory authority; illegal activities; the sale of drugs or pharmaceuticals; the sale of illegal products or services; pornography or sexually explicit content; content that promotes or depicts human trafficking, child abuse or animal abuse, or that trivialises the abuse of alcohol, drugs or other substances, or that promotes graphic, gratuitous violence or injuries, beatings, assaults or humiliation; and/or content that is unnecessarily shocking to the senses, grossly offensive, or that depicts or promotes accidents, death, or hate speech attacking or demeaning a group on the basis of race, ethnic origin, religion, disability, gender, age or the like. Any use of the Software in connection with predatory behaviour, including invasions of privacy directed at other persons, in particular children, is not permitted, will not be tolerated and will result in legal action;

It is prohibited to access, manipulate or otherwise use non-public areas of the Software or the website, our computer systems or the technical delivery systems of our providers in any way other than as defined in the Contract;

Activities such as vulnerability scanning, load testing, penetration testing or circumventing our security measures in any way are strictly prohibited on our platform without our prior written consent.

You are responsible for the contractual relationship with, and the data protection of, all data collected and processed via the Software. We accept no responsibility for, and have no contractual relationship with, these leads.

You undertake to support us to a reasonable extent in the provision of the contractual services, e.g. by informing us of any system errors (“bugs”) you identify.

Fees and payment processing

The obligation to pay fees begins when you make a purchase under these T&Cs, or as soon as the free trial period in accordance with Section 4.2 ends without cancellation in accordance with Section 10.

The fees for the plan you have selected are listed in detail and set out at lead-table.com/preise or at the relevant checkout for a package (prices are always net). The fees for the commercial use of templates are governed by Section 6.10. We are entitled to collect the fees due using the payment details (credit card) that must be provided during the plan selection process. You must ensure that the payment method has sufficient funds. Fees due are collected in advance at the start of each service period for the respective service period.

You confirm that you agree to receive invoices electronically by email. You are responsible for the proper retention of invoices.

In addition to the fees for using our Software, invoices include the applicable statutory VAT and all other taxes, where applicable. If you are based in another EU country, no VAT will be charged, as you are obliged to account for VAT in your own country under the reverse-charge procedure (provided you have supplied a valid VAT ID). If you are based outside the EU, other international regulations may apply.

Fees paid are generally non-refundable.

Indemnity

You shall indemnify us against all claims, including any claims for damages, asserted against us by other customers, end users or other third parties, including authorities, due to the infringement of rights through your use of the Software. You shall bear all costs, including the costs of legal defence, incurred by us as a result of your infringement of third-party rights. All our further rights and claims for damages remain unaffected. The above obligations only apply insofar as you are responsible for the infringement in question.

Restriction, monitoring, suspension and deletion of accounts and content

We may restrict your access to the Software in whole or in part if you fail to pay fees due despite repeated reminders (at least two (2) reminders over the course of seven (7) days).

We are not obliged to review content generated or uploaded by you. However, if we are made aware of content in your Account that potentially breaches the Contract (in particular under Sections 6.6 to 6.8), we may access your Account, review the content and take the following measures.

If your use or content published by you gives rise to the suspicion of a criminal offence, we may forward your customer data to the competent authority while securing the potentially criminal content.

We may take appropriate measures to prevent damage and to ensure the availability of the Software. This applies in particular if you breach your contractual obligations, especially with regard to Sections 6.6, 6.7 and 6.8. Such measures may include partial or complete, temporary or permanent restriction of access to the Software.

Term and termination of the Contract

Unless otherwise specified in the relevant service description, the Contract is concluded for an indefinite period. Subscriptions taken out are automatically renewed for a further term unless cancelled in good time.

You can generally only change your plan at the end of the contract term. However, you may switch to a plan with higher quotas at any time without extending the contract term.

You may terminate the Contract with one (1) working day’s notice to the end of the term via the account settings within the Software or by email (email address available at portal.lead-table.com/impressum).

We may terminate the Contract with four (4) weeks’ notice, at least in text form (e.g. by email), without giving reasons.

The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if you:

are in arrears with payment of at least one full monthly fee for more than 6 days, even after repeated reminders,

are in arrears with a not insignificant portion of the fee despite repeated warnings,

fail to provide information required by us for regulatory reasons within a reasonable period despite being requested to do so,

use the Software for unfair or harmful business practices (in particular in accordance with Sections 6.6 et seq.),

commit a criminal offence to the detriment of us or our employees (e.g. our support staff),

impair the Software, in particular through the use of unauthorised software solutions, malware or attacks on the infrastructure of the services provided by Katiba,

otherwise breach material contractual obligations or repeatedly breach not insignificant contractual obligations, or

thereby jeopardise Katiba’s claims and interests because your financial situation deteriorates significantly or is at considerable risk.

Except in the case of Section 10.5 or comparable grounds for extraordinary termination, termination takes effect at the end of the contractually agreed term.

We irrevocably delete the Account after a period of twelve (12) months. Lead data collected is automatically and irrevocably deleted six (6) months after termination takes effect, unless you have reactivated your Account beforehand.

Liability for defects

The following applies to the provision of software (Software as a Service) by us within the scope of the Software:

The statutory warranty provisions generally apply unless these T&Cs contain deviating provisions.

Liability for restrictions on usability and availability due to force majeure and lawful internal industrial action is excluded. The Customer’s right of termination under Section 10.2 remains unaffected.

Your rights of set-off, reduction (reduction of the fee pursuant to Section 536 BGB) and retention are excluded unless you assert these rights with claims that have been finally established by a court or are undisputed.

The application of Section 536a(2) BGB (tenant’s right to remedy defects themselves) is excluded.

The application of Section 536a(1) BGB (landlord’s liability for damages) is also excluded insofar as that provision provides for liability irrespective of fault.

Limitation of liability

In principle, we are liable without contractual limitation only for damage suffered by the Customer:

resulting from an intentional or grossly negligent breach of duty by us or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Katiba,

resulting from injury to life, body or health based on a negligent breach of duty by us or an intentional or negligent breach of duty by a legal representative or vicarious agent of Katiba, as well as within the scope of guarantees given to the Customer or due to fraudulent misrepresentation by Katiba.

For damage resulting from a slightly negligent breach of one of our material obligations, Katiba’s liability is limited in amount to a maximum of the fees paid by you in the last twelve (12) months. Material obligations are those whose breach jeopardises the achievement of the purpose of the Contract or whose fulfilment is essential for the proper performance of the Contract and on whose observance you regularly rely.

Any further liability on the part of Katiba is excluded.

Insofar as our liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents of Katiba, as well as to claims in tort.

No liability for third-party providers

Insofar as you use external services offered via us that have access to collected data (“Integrations”), these operate on the basis of their own contractual relationship with you. To that extent, we accept no warranty or liability for damage arising from the use of these Integrations. Nor are we liable for damage caused by your incorrect or inadequate transfer or processing of data. We expressly recommend that you review the terms and conditions and privacy policies of the Integrations before connecting them.

Changes to the Software and the T&Cs

We may, without consulting you, make changes to the Software, the T&Cs including the current offer (www.lead-table.com/pricing) and other provisions of the Contract which

correct obvious errors or omissions,

concern descriptive provisions, insofar as the underlying circumstances have changed,

serve to clarify or elucidate, or are otherwise of an editorial nature, or

are not disadvantageous to you in legal or factual terms. This includes in particular the introduction of additional free functions within the Software. We will notify you of these changes by email.

Katiba will offer the Customer any changes to the Contract (including the T&Cs and the offer at www.lead-table.com/pricing) other than those referred to in Section 15.1 or elsewhere in the T&Cs. If you do not object within a period of 6 weeks, the changes shall be deemed approved. Receipt of the objection by Katiba is decisive for your compliance with the objection period.

We will inform you by email of the new provisions and the date on which they take effect, and will draw your attention to the objection period and the consequences of allowing it to expire. The objection period begins when you receive this email.

Communication and legal framework

Unless otherwise specified in the T&Cs, the communication channels we accept for you to contact us are email and the chat within the Software. We reserve the right to contact you through other channels as well. Our email address can be found at www.lead-table.com/impressum. Information on the availability of our support team can be found at www.lead-table.com/pricing.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

The exclusive place of jurisdiction for all disputes arising from or in connection with the Contract (including the T&Cs) is Berlin. This also applies to the enforcement of our rights against you.

Should individual provisions of these T&Cs be or become invalid, the validity of the remaining T&Cs shall not be affected. The contracting parties shall by mutual agreement replace the invalid provision with a provision that comes as close as legally possible to the economic purpose of the invalid provision.

The above provision applies accordingly in the event of gaps in the provisions.