Terms & Conditions
§ 1 Scope
These General Terms and Conditions apply to all contracts between V2A.NET GmbH & Co. KG, Annastraße 38A, 45130 Essen, Germany (hereinafter “Provider”) and entrepreneurs within the meaning of § 14 BGB (German Civil Code) (hereinafter “Customer”) regarding the use of the SaaS service “Sailesman” (hereinafter “Service”).
Deviating terms and conditions of the Customer shall not apply unless the Provider expressly agrees to their validity in writing.
§ 2 Service description
The Provider offers the Customer an AI-powered shopping advisor as a Software-as-a-Service solution. The specific scope of features is determined by the current service description and the selected plan.
The content and results provided by the Service are based on automated, AI-powered processes and do not constitute binding recommendations, guarantees, or advisory services. The Provider does not owe any particular commercial success.
The Provider is entitled to further develop and adapt the Service, provided this is reasonable for the Customer and no material contractually agreed features are removed or significantly restricted.
§ 3 Usage rights
The Customer receives a simple, non-exclusive, non-transferable, and non-sublicensable right to use the Service during the contract term within the agreed scope.
Transfer to third parties, resale, or use within the Customer’s own SaaS or platform offerings is not permitted without the express consent of the Provider.
§ 4 Contract formation and term
The contract is concluded by acceptance of an offer or by registration with the Service.
The minimum contract term and notice periods are specified in the respective offer. Unless otherwise agreed, the contract shall be automatically renewed for one month at a time if it is not terminated with 14 days’ notice before the end of the term.
§ 5 Fees and payment
Fees are determined by the agreed plan. All prices are exclusive of statutory VAT.
Invoices are due within 14 days of the invoice date without deduction.
In the event of late payment, the Provider is entitled to charge default interest at the statutory rate and to temporarily suspend access to the Service until payment is made in full.
The Provider is entitled to adjust prices with a notice period of at least 6 weeks.
§ 6 Customer obligations
The Customer is obliged to keep access credentials confidential and to protect them from access by unauthorised third parties.
The Customer ensures that the content transmitted by them does not infringe any third-party rights and complies with applicable laws.
The Customer is prohibited from misusing the Service, in particular through:
- automated mass queries
- reverse engineering or decompilation
- circumvention of security mechanisms
§ 7 Availability and maintenance
The Provider guarantees an availability of the Service of 99 % on an annual average.
Excluded from this are periods of scheduled maintenance as well as periods during which the Service is unavailable due to circumstances beyond the Provider’s control.
§ 8 Data protection
The Provider processes personal data in accordance with applicable data protection laws.
Where the Provider processes personal data on behalf of the Customer, the parties shall conclude a data processing agreement.
The Customer is responsible for the lawfulness of the data processed by them.
§ 9 Data and data export
Data contributed by the Customer remains the property of the Customer.
After contract termination, the Provider will delete the Customer’s data after 30 days, unless statutory retention obligations apply.
The Customer is obliged to independently back up their data before contract termination.
§ 10 Liability
The Provider shall be liable without limitation in cases of intent and gross negligence as well as in cases of injury to life, body, or health.
In cases of slight negligence, the Provider shall only be liable for breach of material contractual obligations, limited to the foreseeable, contract-typical damage. Liability is limited in amount to the fees paid in the last contract year.
Liability for indirect damages, in particular lost profits, is excluded.
The Provider shall only be liable for data loss to the extent that the Customer has made adequate data backups.
§ 11 Confidentiality
Both parties undertake to treat confidential information of the other party as confidential and to use it exclusively for contractual purposes.
Information that is publicly known or becomes known without breach of this agreement shall not be considered confidential.
§ 12 Force majeure
Neither party shall be liable for non-fulfilment of obligations due to force majeure events beyond the control of the parties.
§ 13 Final provisions
The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction is Essen, provided that the Customer is a merchant, a legal entity under public law, or a special fund under public law.
Should individual provisions of these Terms be invalid, the validity of the remaining provisions shall remain unaffected.
Last updated: March 2026