General Terms and Conditions

1. Scope

These General Terms and Conditions (GTC) apply to all contracts for the use of the software-as-a-service (SaaS) platform "Set2Sell Cockpit" between HUWA MEDIA LLC (hereinafter "Provider" or "we") and the customer.

Deviating terms of the customer are not recognised unless the Provider expressly agrees to their applicability in writing.

2. Subject matter of the contract

The Provider makes the cloud-based CRM software "Set2Sell Cockpit" available to the customer for use over the internet. The scope of functions follows from the tariff option selected.

The software comprises, among other things:

• Pipeline management and CRM functions
• Lead generation and lead management
• Telephony integration
• AI-supported analyses and transcriptions
• Analytics and reporting

3. Conclusion of contract and contract term

The contract comes into existence through registration and selection of a tariff together with confirmation by the Provider. The minimum contract term is one month with monthly billing or one year with annual billing.

The contract is automatically extended by the respective contract term unless it is terminated with a notice period of 14 days before the end of the contract term.

4. Remuneration and payment terms

The remuneration is based on the tariff selected and is payable in advance. Billing takes place monthly or annually, depending on the option selected.

If the quotas included in the tariff (leads, telephone minutes, AI credits) are exceeded, an automatic top-up (auto-recharge) takes place in accordance with the current price list.

All prices are exclusive of statutory value added tax.

5. Obligations of the Provider

The Provider undertakes:

• To provide the software with an availability of 99% on an annual average
• To carry out regular backups of the customer data
• To ensure data security through suitable technical and organisational measures
• To carry out updates and maintenance work outside business hours where possible

6. Obligations of the customer

The customer undertakes:

• To use the software only within the framework of the applicable laws
• To treat access data confidentially and to protect it against access by third parties
• Not to upload or distribute any harmful content
• To comply with the agreed usage limits
• To carry out regular backups of important data

7. Data protection

The Provider undertakes to comply with all data protection provisions, in particular the DSGVO (GDPR). You will find details on data processing in our privacy policy.

The customer remains the owner of their data and can export it or have it deleted at any time.

8. Liability

The Provider is liable without limitation in cases of intent and gross negligence, for injury to life, body and health, and under the Produkthaftungsgesetz (German Product Liability Act).

In the event of a slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for this type of contract.

Otherwise liability is excluded. This applies in particular to the loss of data, insofar as this is attributable to a lack of data backup by the customer.

9. Termination

Both parties may terminate the contract by ordinary notice with a notice period of 14 days to the end of the respective contract term.

The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in the event of serious breaches of these GTC or default in payment of more than 14 days.

10. Changes to the GTC

The Provider reserves the right to change these GTC with effect for the future. The customer will be informed of changes by email at least four weeks before they come into force.

If the customer does not object to the amended GTC within four weeks of receipt of the notification of change, the changes are deemed to be approved. In the notification of change the Provider will point out to the customer the possibility of objecting and the significance of the objection period.

11. Final provisions

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

The place of performance and the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Provider, provided the customer is a merchant, a legal entity under public law or a special fund under public law.

Should individual provisions of these GTC be or become invalid, this does not affect the validity of the remaining provisions.