PipeGenius "Terms of Service"

PipeGenius Terms of Service

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.

1. Acceptance of Terms

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. These Terms constitute a legally binding agreement between you (“Client”) and PipeGenius GmbH. Your continued use of the Services following any modifications to these Terms shall constitute your acceptance of such modifications.

2. Scope of Services

2.1 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 as determined at PipeGenius’s sole discretion.

2.2 Service Level Commitments

PipeGenius strives to maintain a minimum of 99.5% uptime, excluding scheduled maintenance windows. However, PipeGenius does not guarantee uninterrupted access to the Services and shall not be liable for any Service unavailability resulting from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, telecommunications failures, or cyber attacks.

3. License

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, redistribute, sublicense, or otherwise commercialize the Services without prior written authorization from PipeGenius. Any attempt to reverse engineer, decompile, or disassemble the Services is strictly prohibited and may result in immediate termination of your license and legal action.

4. Fees and Service

4.1 Pricing Changes

PipeGenius reserves the right to adjust its pricing structure at its sole discretion. 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.

4.2 Subscription Fees

PipeGenius price is based on a personalized quote tailored to Client’s specific requirements and usage parameters. Quotes are generated following an assessment of Client’s needs and are calculated based on proprietary algorithms that take into account multiple variables including but not limited to user count, required features, integration complexity, and anticipated platform utilization.

Please note that quotes are valid for a period of one (1) year from the date of issuance. PipeGenius reserves the right to adjust its pricing structure after this period based on market conditions, feature enhancements, or changes in operating costs.

4.3 Free Trial

PipeGenius does not offer a free trial period for its services. Any complimentary access provided shall be pursuant to a separate written agreement and shall not constitute a free trial under these Terms.

4.4 Payment

Payment for all PipeGenius services is processed through SEPA transfer directly to PipeGenius GmbH. All invoices are due upon receipt unless otherwise specified in writing. PipeGenius reserves the right to suspend Service access in the event of payment delinquency exceeding thirty (30) days.

4.5 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 at the designated email address provided upon subscription initiation. Cancellation requests must be received no less than thirty (30) days prior to the renewal date to prevent automatic renewal charges.

4.6 Confidentiality of Credentials

The license owner is responsible for maintaining the confidentiality of all Credentials associated with the connected account. Any activities that occur under Client’s account credentials shall be deemed to have been authorized by Client. Client shall immediately notify PipeGenius of any unauthorized use of Client’s account or any other breach of security known to Client.

4.7 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. Plan modifications may require administrative processing and may not take effect immediately.

4.8 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 for future use. Such credits shall be non-transferable and non-refundable, and shall expire twelve (12) months from the date of issuance if not utilized.

4.9 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:

  • Immediate Calculation: The charge for the additional seats will be calculated immediately for the duration of the current subscription year.
  • Prorated Charges: Any additional seats added during the subscription period will be prorated to align with the remaining term of the current subscription based on a daily rate calculation.
  • Payment: The additional charges for these seats will be billed immediately and added to the next payment due for the current subscription year.
  • Future Renewals: The additional seats and their associated charges will be reflected in future subscription renewals.
4.10 License Transferability

Licenses within a single subscription plan may be transferred to a new user within the same subscription upon written notice to PipeGenius. This allows the Client to designate a new employee or contractor to utilize the PipeGenius services if needed. License transfers may be subject to administrative processing delays of up to seventy-two (72) hours.

4.11 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. However, to protect user privacy, certain personalized settings may be reset during the transfer process at PipeGenius’s discretion.

5. Customer Data

5.1 Definition

“Client Data” means any data or information that Client or its Users upload, post, transmit, or otherwise make available through the PipeGenius Services, including but not limited to text, files, images, graphics, illustrations, information, and other materials.

5.2 Ownership and Authorization

All rights, title, and interest in and to the Client Data belong to Client or its respective owners (including Users, persons, and organizations). By uploading Client Data to the PipeGenius Services, Client grants PipeGenius a non-exclusive, worldwide, royalty-free, transferable, sublicensable, and irrevocable right and license to use, modify, reproduce, distribute, display, perform, transmit, and otherwise exploit the Client Data in connection with the provision of the Services. Client represents and warrants that it has the necessary rights to grant such license to PipeGenius and that the Client Data does not infringe the intellectual property rights or other rights of any third party.

6. Uploading Client Data to PipeGenius Services

6.1 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. PipeGenius disclaims all liability arising from Client Data and Client’s use thereof.

6.2 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:

  • Compliance with Terms and Applicable Law: Client Data does not violate these Terms or applicable law.
  • Harmless Data: Client Data does not contain any harmful content, such as viruses, worms, malware, or other destructive codes.
  • Privacy and Legal Compliance: Client Data does not invade or violate the privacy or legal rights of others.
  • Authorized Use: Client Data is used only for authorized purposes and with the necessary permissions.
6.3 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. PipeGenius shall not be responsible for any decisions made by Client based on Client Data or for any inaccuracies or errors contained therein.

6.4 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.

7. Intellectual Property

7.1 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, patents, and any other proprietary rights recognized under applicable law. All content, features, and functionality of the Services, including but not limited to the design, structure, selection, coordination, expression, and arrangement of such content, are owned by PipeGenius or its licensors.

7.2 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. Any rights not expressly granted herein are reserved by PipeGenius.

7.3 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. Client shall not attempt to derive source code, underlying ideas, algorithms, or structure of the PipeGenius Services.

7.4 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:

  • Spread malicious code or spam
  • Harass or invade the privacy of others
  • Violate any intellectual property rights
  • Engage in any other illegal or harmful activity

8. Data Protection

8.1 Data Security Infrastructure

PipeGenius implements industry-standard technical and organizational measures to protect Client Data from unauthorized access, accidental loss, destruction, or disclosure. All Client Data is stored on secure third-party servers with advanced redundancy and backup systems. While PipeGenius utilizes multiple servers and implements robust security protocols to safeguard Client Data, PipeGenius expressly disclaims any warranty or guarantee that Client Data will never be lost, corrupted, or compromised as a result of third-party server malfunctions or circumstances beyond PipeGenius’s reasonable control.

8.2 Regulatory Compliance

PipeGenius processes all Client Data in strict accordance with applicable data protection regulations, including but not limited to the General Data Protection Regulation (GDPR). The processing of all Client Data is conducted pursuant to PipeGenius’s Privacy Policy, which is available at www.pipegenius.de/privacy-policy and is incorporated by reference into these Terms.

8.3 Data Processing Activities

PipeGenius collects and processes Client Data solely for the purposes of:

  • Providing and maintaining the Services
  • Enhancing and optimizing the functionality of the Platform
  • Generating anonymized, aggregated analytics to improve Service performance
  • Responding to Client support requests
  • Fulfilling contractual obligations to the Client

PipeGenius may process the following categories of Client Data:

  • User authentication credentials
  • Contact information
  • User activity and interaction metrics
  • Product and service metadata
  • System configuration parameters
8.4 Third-Party Data Processors

PipeGenius may utilize certain third-party data processors, specifically Intercom for customer relationship management and Sentry for application performance monitoring. These third-party processors may access certain Client Data strictly for the purpose of providing their respective services to PipeGenius. All third-party processors are contractually bound to maintain appropriate technical and organizational measures to protect Client Data and to process such data only in accordance with PipeGenius’s documented instructions.

8.5 Data Encryption Standards

PipeGenius implements encryption protocols for all sensitive Client Data, including during transmission and storage. Financial data is subject to enhanced encryption protocols and is inaccessible to PipeGenius personnel. Access to decryption keys is strictly limited and controlled through multi-factor authentication systems and least-privilege access controls.

8.6 Research and Development Usage

By accepting these Terms, Client grants PipeGenius the right to utilize anonymized and aggregated Client Data for internal research, product development, and service improvement purposes. Such utilization shall be conducted in a manner that prevents the re-identification of any individual or entity associated with the original Client Data. PipeGenius shall not utilize Client Data in any way that would identify the Client or its Users without obtaining explicit prior consent.

8.7 Cross-Border Data Transfers

PipeGenius may transfer Client Data to servers or third-party service providers located outside the European Union (EU) or European Economic Area (EEA). In such cases, PipeGenius shall implement appropriate safeguards in accordance with Chapter V of the GDPR, including but not limited to:

  • Standard Contractual Clauses approved by the European Commission
  • Binding Corporate Rules
  • Adequacy decisions
  • Other legally recognized transfer mechanisms
8.8 Data Access Controls

PipeGenius maintains strict access controls that limit employee access to Client Data on a need-to-know basis. All access to Client Data is logged and regularly audited for compliance with internal security policies. Access privileges are promptly revoked when no longer necessary or upon termination of employment.

8.9 Data Breach Notification Protocol

In the event of a data breach affecting Client Data, PipeGenius shall notify the affected Clients without undue delay after becoming aware of the breach, in accordance with applicable data protection laws. Such notification shall include, to the extent known:

  • The nature and extent of the affected Client Data
  • Likely consequences of the breach
  • Measures taken or proposed to address the breach
  • Contact information for PipeGenius’s data protection officer
8.10 Data Retention and Deletion

PipeGenius retains Client Data only for as long as necessary to fulfill the purposes outlined in these Terms and PipeGenius’s Privacy Policy. Upon termination of these Terms, PipeGenius shall delete or return all Client Data in accordance with its data retention policies and applicable law, unless retention is required by law.

8.11 Client Acknowledgment

By using the Services, Client acknowledges and consents to the collection, processing, and transfer of Client Data as described in this Section and in PipeGenius’s Privacy Policy. Client represents and warrants that it has obtained all necessary consents and authorizations from its Users and any other individuals whose personal data may be included in the Client Data to permit PipeGenius to process such data in accordance with these Terms.

9. Your Intellectual Property

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:

  • Developing, testing, and improving the PipeGenius Services
  • Providing customer support
  • Enhancing and expanding the PipeGenius Services
  • Marketing and promoting the PipeGenius Services

PipeGenius will not use Client Data for any other purpose without Client’s prior written consent. This license shall survive termination of these Terms to the extent necessary for PipeGenius to comply with applicable laws and regulations.

10. Trademarks

10.1 PipeGenius Trademarks

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. Any unauthorized use of PipeGenius trademarks may constitute trademark infringement and unfair competition in violation of federal and state laws.

10.2 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.

11. Third-Party Services

11.1 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. Client acknowledges that the use of third-party services may involve the transmission of Client Data to and from such services, and that PipeGenius has no control over the privacy practices or content of such services.

11.2 Third-Party Links and Services

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. PipeGenius’s inclusion of links to third-party websites or services does not imply endorsement of such websites or services.

12. No Waiver

PipeGenius’s failure to enforce any provision of these Terms shall not constitute a waiver of such provision or any other provision. A waiver of any provision of these Terms must be in writing and signed by an authorized representative of PipeGenius to be effective. 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. PipeGenius’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

13. Governing Law and Dispute Resolution

13.1 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. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

13.2 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. Client hereby irrevocably waives any objection to the jurisdiction or venue of such courts.

14. Indemnification

14.1 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.
14.2 Client Indemnification Obligations

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:

  • Unauthorized access to or use of the Services
  • Data loss or corruption
  • Inaccurate or misleading information
  • Damage to Client’s systems or data
  • Infringement of third-party intellectual property rights
14.3 Notification of Claims

PipeGenius shall provide Client with prompt written notice of any claim, demand, or action for which indemnification is sought. Client shall have the right to control the defense and settlement of any such claim, provided that no settlement shall include any financial or specific performance obligation on, or admission of liability by, PipeGenius without PipeGenius’s prior written consent.

15. Termination

15.1 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. PipeGenius may, at its sole discretion, provide Client with notice of such breach and an opportunity to cure, but nothing in these Terms shall obligate PipeGenius to do so.

15.2 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.

15.3 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.

15.4 Effect of Termination

Upon termination of these Terms for any reason:

  • All licenses granted to Client under these Terms shall immediately terminate.
  • Client shall cease all use of the Services.
  • Client Data shall be handled in accordance with Section 8.10 of these Terms.
  • Any outstanding payment obligations of Client shall become immediately due and payable.

16. Survival

The following provisions shall survive the termination of these Terms: Fees and Payment, Confidentiality of Credentials, 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.

17. Notices

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. Notices shall be deemed effective upon receipt or, if receipt is not accomplished by reason of some fault of the addressee, when tendered.

18. Entire Agreement

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. No employee, agent, or representative of PipeGenius is authorized to modify or amend these Terms except by a formal written amendment signed by an authorized officer of PipeGenius.

19. Severability

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.

20. Changes to Terms

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.

21. Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by both parties. The failure of either party to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of both parties.

22. Assignment

Client may not assign or transfer these Terms or any rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of PipeGenius. Any attempted assignment in violation of this Section shall be null and void. PipeGenius may assign these Terms in whole or in part to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without Client’s consent. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

23. Force Majeure

Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by factors beyond that party’s reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

EN