Patrick Rößner, trading as "PepDev" (Sole Proprietorship, not entered in the commercial register), Untere Halle-Kasseler-Straße 11, 99752 Bleicherode, Germany. Product: "ChurnScope". Phone: +49 1522 4854825, Email: info@churnscope.de, Website: https://churnscope.de (hereinafter referred to as the "Provider"). Small business pursuant to § 19 UStG (German Value Added Tax Act) — no VAT is stated or charged.
These Terms and Conditions apply in their currently accepted version. By giving digital consent (checkbox) and/or using ChurnScope, the Customer accepts these General Terms and Conditions.
(1) These Terms and Conditions apply exclusively to contracts regarding the Software-as-a-Service solution "ChurnScope" concluded between the Provider and businesses/entrepreneurs within the meaning of § 14 BGB (German Civil Code) as well as legal entities under public law or special funds under public law (hereinafter referred to as the "Customer").
(2) Consumers within the meaning of § 13 BGB are expressly excluded from using the service and entering into contracts. The Customer warrants that they use ChurnScope exclusively in the exercise of their commercial or independent professional activity.
(3) Conflicting, deviating, or supplementary terms and conditions of the Customer shall only become part of the contract if the Provider has expressly agreed to their validity in text form.
(4) The Data Processing Agreement (DPA) pursuant to Art. 28 GDPR in its currently accepted version shall apply supplementary to these Terms.
(1) ChurnScope is a web-based application designed to analyze churn risks based on the Customer's CRM data (in particular HubSpot), including dashboards, recommended playbooks/action items, quota management, and—where activated—writing updates/tasks back into the Customer's CRM.
(2) Scope of functions, quotas (e.g., analyses, rescues, account limits), and optional top-up packages depend on the agreed tariff (e.g., Pilot, Light, Pro, Pro+) or the individual offer.
(3) The Provider does not guarantee uninterrupted availability or a specific SLA/uptime percentage. System disruptions will be resolved within the limits of operational capabilities.
(4) Customer support is currently provided exclusively via email at info@churnscope.de during regular business hours without a guaranteed response time.
(1) The contract is formed either through individual offer and acceptance (e.g., individual proposal / order confirmation by the Provider) or through digital registration/booking, explicit acceptance of these Terms and the DPA (checkboxes), and subsequent account activation or use.
(2) By logging in via HubSpot OAuth or accessing the application following acceptance of the Terms/DPA, the Customer declares their acceptance of these conditions, unless a separate written agreement has already been executed.
(3) The Provider reserves the right to reject orders or account activations without stating reasons, particularly if the Customer does not meet the technical or operational requirements for pilot or subscription operation.
(1) Prices agreed upon contract conclusion or specified on the website or in the proposal shall apply. These Terms do not stipulate fixed subscription rates; the respective agreement is decisive.
(2) The Provider operates under the small business status pursuant to § 19 UStG (German VAT Act). To the extent provided by law, no VAT is charged.
(3) Invoicing is initially handled via invoice (e.g., via Sevdesk). The Provider may introduce payment service providers (e.g., Stripe) in the future; available payment options will be communicated to the Customer.
(4) Invoices are sent via email and/or postal mail. Payment is due within seven (7) days from the invoice date, unless otherwise specified in the offer.
(5) Top-up packages (e.g., additional analyses/rescues) are valid only for the current calendar month and do not roll over to subsequent months unless expressly agreed otherwise.
(6) In the event of default of payment, the Provider reserves the right to temporarily suspend account access and charge statutory default interest. Further claims remain unaffected.
(1) The service is provided online as Software-as-a-Service (SaaS). Physical delivery of goods does not take place.
(2) Requirements include an active internet connection and, where required, an active HubSpot account and authorization of the ChurnScope integration by the Customer.
(3) Communications and activations are conducted electronically. The Customer must ensure that the registered email address is valid and accessible.
(4) Responsibility and risk regarding local IT infrastructure, credentials, and HubSpot user permissions lie entirely with the Customer.
(1) The Customer is granted a non-exclusive, non-transferable, non-sublicensable right to access and use ChurnScope for internal business purposes during the term of the agreement.
(2) Sublicensing, renting out, or publicly distributing the software to third parties outside the agreed team scope is strictly prohibited.
(3) All intellectual property rights, trademarks, designs, and documentation remain with the Provider or its licensors. No ownership rights in the software are transferred to the Customer.
(4) Upon termination of the contract, all rights to use the software terminate immediately, and access may be deactivated.
(1) The Customer warrants that they are authorized to transmit CRM/HubSpot data to the Provider for processing and that such use complies with applicable data protection and competition laws.
(2) Login credentials must be kept confidential. Any misuse, unauthorized reverse engineering, or intentional attacks on the system infrastructure are strictly prohibited.
(3) The Customer shall designate a contact person and ensure that billing and contact information are kept up to date.
(1) Contract Types & Initial Terms: Unless agreed otherwise, contracts are concluded on a subscription basis under the following terms:
Monthly Subscription: The minimum term is one (1) month. The subscription renews automatically for successive periods of one (1) month unless terminated by either party with fourteen (14) days' notice prior to the end of the current monthly billing period.
Annual Subscription: The minimum term is twelve (12) months. The subscription renews automatically for successive periods of one (1) year unless terminated by either party with one (1) month's notice prior to the end of the current annual term.
(2) Pilot Phase: The Pilot Plan has a fixed term of three (3) months. The Customer may terminate the Pilot Plan with fourteen (14) days' notice prior to the end of the pilot period. If no timely notice of termination is given, the Pilot Plan automatically converts into a paid monthly subscription of the "Light" plan at the then-current standard rates.
(3) Notice of termination must be submitted either via the cancellation feature within the application settings or via email to info@churnscope.de.
(4) The right of either party to extraordinary termination for cause (wichtiger Grund) remains unaffected.
(1) The Provider provides services with industry-standard care. ChurnScope functions purely as an analytical and advisory support tool; all business decisions regarding customer relationships and interventions are made solely by the Customer.
(2) Statutory warranty provisions apply to the extent permitted by law and not modified herein.
(3) Insignificant deviations or minor bugs do not justify claims for price reduction or rescission. The Customer shall report bugs promptly and assist in identifying issues.
(4) No warranty applies to disruptions caused by improper use, third-party software (in particular HubSpot API outages), force majeure, or corrupted data provided by the Customer.
(1) The Provider is liable without limitation for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), as well as for injury to life, body, or health.
(2) In cases of slight negligence, the Provider shall only be liable for the breach of essential contractual duties (cardinal obligations / Kardinalpflichten). In this case, liability is limited to typical, foreseeable damages at the time of contract execution. Cardinal duties are those whose performance is essential to the proper execution of the contract and upon which the Customer may regularly rely.
(3) Liability for indirect, consequential damages, lost profits, or lost savings is excluded in cases of slight negligence to the extent permitted by law.
(4) The aforementioned liability limitations apply equally to legal representatives, employees, and vicarious agents of the Provider.
(5) Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
The processing of personal data on behalf of the Customer is governed by the separate Data Processing Agreement (DPA) pursuant to Art. 28 GDPR. In all other respects, statutory data protection provisions apply.
(1) This Agreement and all legal relationships between the Provider and the Customer shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) If the Customer is a commercial entity (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship shall be the competent court for Nordhausen, Germany (Amtsgericht Nordhausen, Rudolf-Breitscheid-Straße 6, 99734 Nordhausen). The Provider also reserves the right to initiate legal proceedings at the Customer's general place of jurisdiction.
(3) Language Clause: In the event of any discrepancies, conflicts, or interpretation issues between the German version of these Terms and this English translation, the German version shall prevail.
(4) Should any provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.