Effective as of 9th June, 2023
Welcome to PipeGenius! These Terms of Service (“Terms”) govern your access to and use of the PipeGenius software as a service (“SaaS”) platform (the “Platform”) and all related services and features (collectively, the “Services”) provided by PipeGenius GmbH (“PipeGenius”).
PipeGenius is a cloud-based SaaS platform that provides sales teams in the manufacturing industry with tools to optimize workflows, improve productivity, and gain real-time insights into sales performance. The Services are available through a web login over PipeGenius’ website and through an Outlook add-in.
PipeGenius is committed to complying with the General Data Protection Regulation (GDPR). For more details, please refer to our Privacy Policy
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
The PipeGenius Services include tools for sales optimization, client management, project tracking, and data analytics. These Services are accessible via a web login on the PipeGenius website and through the PipeGenius Outlook add-in.
Service Availability and Maintenance
Users will be informed in advance about any scheduled maintenance or updates to the PipeGenius platform. PipeGenius will endeavor to minimize disruptions and downtime by scheduling such activities during non-peak hours whenever possible. Notifications regarding maintenance and update windows will be sent via email or other appropriate communication channels.
PipeGenius grants you a non-exclusive, non-transferable, and revocable license to use the Services, solely for your own internal business purposes, subject to these Terms. You may not resell or redistribute the Services.
Pricing Changes
PipeGenius reserves the right to adjust its pricing structure. Users will be notified of any changes to pricing at least 30 days in advance. If a user does not accept the new pricing, they may cancel their subscription before the pricing changes take effect. If the subscription is not canceled, PipeGenius will treat this as acceptance of the new pricing, and the updated rates will apply starting with the next subscription renewal.
Subscription Fees
PipeGenius price is based on a personalized quote.
Please note that quotes are valid for a period of one (1) month from the date of issuance. PipeGenius reserves the right to adjust its pricing structure after this period.
Free Trial
PipeGenius does not offer a free trial period for its services.
Onboarding Fees
Onboarding fees may be applicable depending on the chosen service package. A detailed breakdown of these costs will be included within your personalized quote.
Payment
Payment for all PipeGenius services is processed through SEPA transfer directly to PipeGenius GmbH.
Automatic Renewal
Your subscription will automatically renew unless you cancel or terminate your subscription before the renewal date. You can cancel your subscription at any time by contacting PipeGenius support.
Confidentiality of Credentials
Plan Upgrades and Downgrades
You may upgrade or downgrade your Plan at any time by selecting a new Plan among the collection of Plans determined by PipeGenius. In such an event, the Client’s chosen payment on file with PipeGenius will be automatically charged with a Fee for the next payment interval with the rate stipulated in the new Plan.
Unused Fees and Downgrades
If the Client elects to downgrade their Plan, any unused portion of the Fees paid for the previous Plan will be credited to the Client’s account.
Seat Additions
PipeGenius offers clients the flexibility to add additional seats to their subscription during the middle of an active subscription period. The following terms and conditions apply to seat additions:
License Transferability
Licenses within a single subscription plan may be transferred to a new user within the same subscription. This allows the Client to designate a new employee or contractor to utilize the PipeGenius services if needed.
Data Transferability
Upon transferring a license within a subscription, all associated data, including extracted text from external sources , will be transferred to the new user. This ensures continuity of service and allows the new user to access relevant information for their work.
Definition
“Client Data” means any data or information that Client or its Users upload, post, transmit, or otherwise make available through the PipeGenius Services.
Ownership and Authorization
All rights, title, and interest in and to the Client Data remain with the Client or its respective owners (including Users, persons, and organizations). PipeGenius acknowledges the confidential nature of the Client Data and commits to handling it with the utmost care and in accordance with applicable data protection laws.
By uploading Client Data to the PipeGenius Services, the Client grants PipeGenius a non-exclusive, worldwide, royalty-free, non-transferable, and non-sublicensable license to access, process, and use the Client Data strictly for the purposes of providing, maintaining, and improving the Services. This license does not permit PipeGenius to disclose, modify, reproduce, or distribute the Client Data beyond what is necessary to fulfill its obligations under these Terms of Service.
PipeGenius will not use the Client Data for any purposes other than those outlined in this agreement without the Client’s prior written consent. The Client represents and warrants that it has the necessary rights to grant this limited license to PipeGenius.
Right to Data Portability
Upon request, PipeGenius will provide a copy of the Client’s data in a structured, commonly used, and machine-readable format to facilitate data portability to another service provider.
Responsibility
Client is solely responsible for its own Client Data and the consequences of posting or publishing them on or through the PipeGenius Services. If Client uploads Client Data to the PipeGenius Services, such Client Data and any processing of such Client Data must be in compliance with these Terms and applicable law.
Right to Rectify: Clients may request corrections to any inaccurate or incomplete personal data. Requests can be made via [support@pipegenius.de].
Authorization
The client or the applicable third-party, by uploading Client Data to the PipeGenius Services, authorizes PipeGenius to process the Client Data in accordance with these Terms and PipeGenius’ Privacy Policy. The client or the applicable third-party is responsible for ensuring that:
Client Responsibility
PipeGenius does not guarantee the accuracy or completeness of Client Data. The client is responsible for taking reasonable steps to verify the accuracy and completeness of Client Data before using it for any purpose.
Client Data Origin
Client understands that all information contained in Client Data is the sole responsibility of the person from whom such Client Data originated. This means that Client, and not PipeGenius, is entirely responsible for all Client Data that is uploaded, posted, transmitted, or otherwise made available through the PipeGenius Services, by Client or its Users, as well as for any remedial actions taken by PipeGenius or other Clients or Users as a result of such Client Data.
Data Retention Policy
PipeGenius will retain Client Data for 30 days following the termination of the subscription. After this period, all data will be permanently deleted unless required by law. Clients are responsible for retrieving any data they wish to retain during this period.
Right to Erasure
Clients may request the deletion of their personal data at any time by contacting PipeGenius. PipeGenius will delete such data unless retention is required by law or necessary for the performance of contractual obligations
Right to Access
Clients may request access to their personal data stored by PipeGenius at any time by contacting [support@pipegenius.de]. PipeGenius will respond to such requests within 30 days, as required under GDPR.
PipeGenius’s Intellectual Property Rights
PipeGenius owns and retains all intellectual property rights in the PipeGenius Services, PipeGenius Platform, and PipeGenius Materials. This includes, but is not limited to, copyright, trademarks, trade secrets, and patents.
Client’s Right to Use PipeGenius Services
Client is granted a non-exclusive, non-transferable license to use the PipeGenius Services for its own internal business purposes, subject to these Terms. Client may not modify, copy, distribute, sell, rent, lease, sublicense, or create derivative works of the PipeGenius Services, except as expressly permitted in these Terms.
Prohibition on Reverse Engineering and Disassembly
Client may not reverse engineer, decompile, or disassemble the PipeGenius Services, PipeGenius Platform, or PipeGenius Materials, except to the extent that such activity is expressly permitted by law.
No Use for Unauthorized Purposes
Client may not use the PipeGenius Services for any purpose that is unlawful, harmful, or could damage the reputation of PipeGenius. This includes, but is not limited to, using the PipeGenius Services to:
Limitation of Liability for Data Storage
PipeGenius stores all data on secure third-party servers with advanced redundancy and backup systems to ensure the highest level of protection against data loss. While PipeGenius takes all reasonable measures, including storing data across multiple servers, to safeguard client data, it does not guarantee that data will never be lost or corrupted. PipeGenius disclaims any liability for data loss or corruption resulting from third-party server issues or unforeseen circumstances.
PipeGenius is committed to safeguarding Client’s privacy and complies with all applicable data protection laws, including the General Data Protection Regulation (GDPR). PipeGenius processes Client Data in accordance with its Privacy Policy, which is available at www.pipegenius.de/privacy-policy
Data Collection and Processing
PipeGenius collects and processes Client Data in order to provide the Services. This includes, but is not limited to, the following:
PipeGenius may also use Client Data to improve the Services, to provide marketing and promotional materials, and to fulfill any other purposes agreed upon by Client and PipeGenius.
Legal Basis for Processing
PipeGenius processes personal data based on the following legal grounds:
Data Security
PipeGenius takes appropriate technical and organizational measures to protect Client Data from unauthorized access, use, disclosure, alteration, or destruction. These measures include, but are not limited to, the following:
Data Transfers
PipeGenius may transfer Client Data to third-party service providers located inside or outside the European Union (EU) or the European Economic Area (EEA). These third-party service providers may be located in countries that do not have the same data protection laws as the EU or the EEA.
When transferring Client Data outside the EU or the EEA, PipeGenius will take appropriate measures to ensure that the data is protected in accordance with the GDPR and other applicable laws. These measures include, but are not limited to, entering into data transfer agreements with the third-party service providers that require them to protect Client Data in accordance with the GDPR.
Client Consent
By using the Services, Client consents to the collection, processing, and transfer of Client Data as described in this Section.
Client retains ownership of all intellectual property rights in Client Data. Subject to these Terms, Client grants PipeGenius a non-exclusive, worldwide, royalty-free, transferable, sublicenseable, irrevocable license to use, modify, reproduce,distribute, display, perform, transmit, and otherwise exploit Client Data in connection with the provision of the Services,including but not limited to:
PipeGenius will not use Client Data for any other purpose without Client’s prior written consent.
PipeGenius’s trademarks, including but not limited to the PipeGenius name and logo, are trademarks of PipeGenius GmbH or its affiliates. Client may not use any PipeGenius trademarks without the express prior written permission of PipeGenius.
Customer Trademarks
Client may use its own trademarks in connection with its use of the PipeGenius Services, subject to the following conditions:
Client shall use its trademarks in a manner that does not disparage or dilute the PipeGenius trademarks or any other PipeGenius intellectual property rights. Client shall not use PipeGenius trademarks in a manner that suggests an endorsement or sponsorship by PipeGenius of Client’s products or services. Client shall promptly notify PipeGenius of any unauthorized use of PipeGenius trademarks.
Third-Party Service Usage
When using third-party services integrated with PipeGenius, such as email providers or cloud storage, users agree to comply with the terms and conditions of those third-party services. PipeGenius assumes no responsibility for the policies, practices, or functionality of third-party services accessed through its platform.
The Services may contain links to third-party websites and online services that are not owned or controlled by PipeGenius. PipeGenius has no control over, and assumes no responsibility for, the content, privacy practices, or security of any third-party websites or services. You acknowledge and agree that PipeGenius shall not be liable for any damage or loss arising from or relating to your use of any third-party websites or services.
Data Processing Agreements (DPAs)
PipeGenius works with third-party service providers for hosting, data processing, and other necessary services. All third-party providers are GDPR-compliant and bound by Data Processing Agreements (DPAs) with PipeGenius to ensure the protection of Client Data
PipeGenius’s failure to enforce any provision of these Terms shall not constitute a waiver of such provision. Notwithstanding any provision of these Terms to the contrary, any waiver of any provision of these Terms shall only be effective if in writing and signed by both parties.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of laws principles.
Dispute Resolution
Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Aachen, Germany.
Any disputes should first be addressed through PipeGenius support. If unresolved, the matter may be escalated to mediation before proceeding to court.
Supervisory Authority Contact
Clients have the right to lodge a complaint with their local data protection authority if they believe their rights under GDPR have been violated
In case of discrepancies between translated versions of these Terms, the English version shall prevail.
PipeGenius may offer access to beta features. These features are provided “as is” and may be modified or removed at any time without prior notice.
Indemnification Details
Users agree to indemnify, defend, and hold harmless PipeGenius, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:
– The user’s violation of these Terms.
– The misuse of the PipeGenius platform.
– Claims by third parties arising from data or content shared via PipeGenius.
– Breaches of any third-party terms associated with integrated services.
Client agrees to indemnify and hold harmless PipeGenius, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with Client’s use or misuse of the Services, including, but not limited to,claims for:
Termination for Breach of Terms
PipeGenius reserves the right to immediately terminate a subscription in the event of a breach of these Terms or non-payment of fees. In such cases, all access to the platform will be revoked, and PipeGenius is not obligated to provide a refund for any unused portion of the subscription.
Termination by PipeGenius
PipeGenius may terminate your access to the Services for convenience or if you breach any of the Terms. In addition,PipeGenius may terminate your access to the Services if you fail to pay any fees owed to PipeGenius.
Before terminating your access to the Services, PipeGenius will provide you with a prior written notice and an opportunity to cure any breach of the Terms within a reasonable timeframe. If you fail to cure the breach within the specified timeframe, PipeGenius may terminate your access to the Services.
Termination by Client
You may terminate your subscription to the Services at any time by providing PipeGenius with written notice on official PipeGenius e-mail: cancel@pipegenius.de. Upon termination of your subscription, your access to the Services will be terminated by the end of paid term. You will not be entitled to a refund for any outstanding subscription fees.
The following provisions shall survive the termination of these Terms: Fees and Payment, Confidentiality of Credentials,Notification of Changes, Plan Upgrades and Downgrades, Unused Fees and Downgrades, Client Data, Indemnification,Termination, Governing Law and Dispute Resolution, Entire Agreement, Severability, Changes to Terms, Notices, and Assignment.
All notices and other communications hereunder shall be in writing and certified or registered, return receipt requested, addressed as follows:
PipeGenius GmbH Jülicher Straße 72a 52070 Aachen Germany
or to such other address as either party may designate in writing from time to time.
These Terms constitute the entire agreement between you and PipeGenius with respect to the Services and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck from these Terms and the remaining provisions shall remain in full force and effect. In addition, PipeGenius may at its discretion substitute such invalid or unenforceable provision with a valid and enforceable provision that, to the greatest extent possible, achieves the same economic, business, and legal objectives as would the invalidated or unenforceable provision.
PipeGenius may modify these Terms at any time by posting the modified Terms on the PipeGenius website. PipeGenius will also send an email notification to all registered users of the Services informing them of the changes. If you do not agree to the modified Terms, you may terminate your subscription to the Services by contacting PipeGenius support. Your continued use of the Services after such modification will constitute your acceptance of the modified Terms.
No waiver of any provision of these Terms shall be effective unless in writing and signed by both parties.
Force Majeure
PipeGenius shall not be held liable for delays or failure to perform resulting from events beyond its reasonable control, including but not limited to natural disasters, acts of war, labor disputes, and government actions.