1.1 Contracting Parties

These General Terms and Conditions (GTC) apply to all contracts between Kevin Grunert – Unternehmensberatung, Eilenburgerstraße 20B, 04317 Leipzig (hereinafter "LeadBoom" or "we") and the user of the platform (hereinafter "Customer" or "you").

1.3 Applicable Version

The version of these GTC valid at the time of conclusion of the contract shall apply. Conflicting or deviating conditions of the Customer shall not be recognized.

2.1 Lead Generation Platform

LeadBoom provides a software platform through which customers can:

• Generate lead data from publicly accessible sources
• Manage existing contact data
• Organize email campaigns and communication
• Use CRM functions

2.3 No Guarantee for Data Currency

The generated lead data originates from publicly accessible sources. LeadBoom provides no guarantee for:

• Currency of the data
• Completeness of the data
• Accuracy of the data
• Reachability of contact persons

2.5 Lead Volume Fluctuations

The lead volumes and data record numbers stated in the respective tariff or offer are guide values and not guaranteed quantities. Fluctuations of up to 15% downward do not constitute a defect and are not grounds for price reduction, damages, or termination.

2.7 Maintenance Windows

LeadBoom is entitled to perform planned maintenance work with a notice period of 24 hours. Unplanned maintenance work and emergency updates may be carried out at any time without prior notice. Maintenance periods do not constitute an outage, defect, or service interruption.

3.3 Indemnification

The Customer indemnifies LeadBoom against all third-party claims arising from unlawful use of the platform or the generated data by the Customer. This includes in particular:

• Claims due to GDPR violations
• Claims due to impermissible advertising (UWG)
• Warning costs and claims for damages

The indemnification obligation also includes the costs of LeadBoom's legal defense, including reasonable attorney fees, court costs, internal expenses, and management time. The Customer is obligated to inform LeadBoom in writing within 48 (forty-eight) hours of becoming aware of threatened or asserted third-party claims. If the Customer fails to meet this deadline, they forfeit any claims for recourse against LeadBoom.

4.1 Electronic Conclusion

By first using the lead generation functions, the Customer concludes a data processing agreement pursuant to Art. 28 GDPR with LeadBoom.

4.2 Subject of Data Processing

• Type of data: Business contact data (name, position, email, phone, company data)
• Categories of data subjects: Managing directors, employees of companies
• Purpose: Generation and provision of lead data on behalf of the Customer
• Duration: For the duration of platform usage

4.3 Obligations of LeadBoom as Data Processor

LeadBoom undertakes to:

• Process data only according to documented instructions of the Customer
• Employ staff bound to confidentiality
• Take appropriate technical and organizational measures
• Not engage sub-processors without prior consent
• Support the Customer in fulfilling data subject rights
• Delete or return all data upon termination of the contract

4.4 Right to Instruction

The Customer has the right to issue instructions to LeadBoom regarding data processing. Instructions are generally given through platform functions.

5.1 Credit Model

The use of lead generation functions is based on a credit system. One credit generally corresponds to one lead record.

5.2 Prices

Current prices are available on the website. All prices are net plus applicable statutory VAT.

5.3 Payment Terms

Credits are paid in advance. Payment is made via the offered payment methods.

5.4 No Refunds

Purchased credits and advance payments are non-refundable. This applies in particular to:

• Non-use or underuse of the platform
• Customer dissatisfaction with results
• Business closure, insolvency, or liquidation of the Customer
• Ordinary or extraordinary termination, regardless of which party and for whatever reason
• Suspension of the Customer account due to payment default or breach of contract
• Change in the Customer's business strategy
• Technical errors on the Customer's side

A refund is only made in the case of a demonstrable technical error caused solely by LeadBoom.

5.6 Default Interest

In the event of default, LeadBoom is entitled to charge default interest at a rate of 9 percentage points above the respective base interest rate of the European Central Bank p.a. (§ 288 para. 2 BGB). The right to claim further damages caused by default is reserved.

5.8 Collection and Recovery Costs

All costs of out-of-court and judicial recovery, including collection costs, attorney fees and court costs, shall be borne by the Customer insofar as these were necessary for legal enforcement.

5.9 Advance Payment Obligation

For subscriptions and recurring services, payment is due in advance on the first day of each billing period. If payment is not received by the third business day of the billing period, LeadBoom is entitled to immediately suspend services without affecting the Customer's payment obligation.

5.10 Set-off and Retention Prohibition

The Customer may only set off against claims of LeadBoom with undisputed or legally established counterclaims. The Customer may only exercise a right of retention from the same contractual relationship and only for undisputed or legally established counterclaims.

5.12 Price Adjustment Right

LeadBoom is entitled to adjust prices with a notice period of 30 days for the next billing period. The announcement is made by email or via the platform. If the Customer does not object in writing within 14 days of receiving the announcement, the new prices are deemed accepted. In case of objection, the Customer has the right to ordinary termination at the time the price adjustment takes effect.

The special termination right for price adjustments does not apply if the price increase (a) amounts to less than 10% of the previous price, (b) is attributable to increased third-party costs (e.g., hosting, API costs, data sources), or (c) is caused by a legal change (e.g., VAT increase).

5.14 Acceleration Clause

If the Customer is in full or partial default on a due payment, all not yet due claims of LeadBoom from the contractual relationship become immediately due and payable without separate declaration (acceleration). This applies regardless of agreed installment payments or payment plans.

5.16 Credit Expiration After 12 Months

Purchased credits expire if they are not used within 12 (twelve) months of purchase. An extension of the usage period, a transfer to other accounts, or a payout of the equivalent value is excluded. There is no entitlement to a refund of expired credits.

5.18 Advance Payment Obligation in Case of Creditworthiness Concerns

LeadBoom is entitled, in the event of justified doubts about the Customer's ability or willingness to pay — in particular in the case of negative credit reports, payment default with LeadBoom or other creditors, significant deterioration of financial circumstances, filing for insolvency proceedings, or affidavit in lieu of oath — to demand immediate advance payment of the entire remaining compensation or an appropriate security deposit (e.g., bank guarantee). If the Customer does not comply with this request within 10 (ten) business days, LeadBoom is entitled to extraordinary termination and immediate suspension of services. The Customer's payment obligation remains unaffected.

5.20 Prohibition of Assignment of Claims by the Customer

The Customer may not assign claims against LeadBoom — regardless of legal basis — to third parties without the prior written consent of LeadBoom, in particular not to collection agencies, legal service providers, or litigation funders. An assignment without consent is void.

6.1 License

LeadBoom grants the Customer a non-exclusive, non-transferable right to use the platform for the duration of the contract.

6.2 Prohibited Use

The Customer is prohibited from:

• Using the platform for unlawful purposes
• Manipulating or hacking the platform
• Conducting automated access without permission
• Reselling generated data unchanged
• Using the platform for spam or mass email sending without legal basis

6.3 Account Security

The Customer is responsible for the security of their access credentials.

6.5 Suspension for Lack of Cooperation

LeadBoom is further entitled to suspend or pause services if the Customer fails to comply with their cooperation obligations pursuant to Section 12 despite request and setting of a grace period. The payment obligation continues during the suspension.

6.7 Prohibition of Use After Contract End

After termination of the contract, the Customer's right to use data structures and campaign logic generated via LeadBoom expires. The Customer may retain the raw lead data received during the contract period in their own CRM, but may no longer conduct active campaigns using LeadBoom-specific data structures, workflows or campaign logic.

6.8 Account User Limit

Each account may only be used by the number of users defined in the respective plan. In the event of exceeding this limit, LeadBoom is entitled to retroactively charge the next higher plan from the time of the exceedance and to levy an administration fee of EUR 250.00 net.

6.9 Reference Right

LeadBoom is entitled to name the Customer as a reference customer, to use the Customer's company logo on its own website, in presentations, on social media, and in marketing materials, and to publish anonymized results, key figures, and success stories of the collaboration as case studies. This right continues to exist after the end of the contract. The Customer may only object by express written declaration.

7.1 Limitation of Liability

LeadBoom is only liable for damages resulting from the breach of material contractual obligations as well as for intent and gross negligence.

7.2 No Liability for Data Quality

LeadBoom is not liable for:

• Inaccuracy or incompleteness of the generated data
• Economic disadvantages due to faulty data
• Damages from unlawful use of the data by the Customer
• Warnings or fines due to GDPR violations by the Customer

7.3 Maximum Liability Limit

Liability is limited to the compensation paid by the Customer in the last 12 months, but not exceeding EUR 10,000.

7.5 Data Loss

LeadBoom is not liable for data loss unless LeadBoom has intentionally caused the loss. The Customer is obligated to independently back up all data received through the platform on a regular basis — at least weekly. If the Customer fails to back up data, any liability of LeadBoom for data loss is excluded.

7.6 Statute of Limitations

Claims of the Customer against LeadBoom, regardless of legal basis, shall become time-barred within 6 (six) months from the Customer's knowledge of the circumstances giving rise to the claim, but at the latest within 12 (twelve) months from the arising of the claim. This does not apply in cases of intent or gross negligence.

7.8 Third-Party Liability Exclusion

LeadBoom is not liable for disruptions, outages, service limitations, data losses, or quality reductions attributable to third-party providers, including but not limited to cloud hosting providers, API providers, data sources, payment service providers, email providers, and telecommunications providers. In particular, LeadBoom is not liable if data sources change, restrict, or block access to their interfaces.

8.1 Contract Start

The contract begins with registration on the platform. A contract is formed when the provider expressly accepts the Customer's offer or – pursuant to § 151 BGB – tacitly accepts it through conclusive conduct, for example by commencing the agreed activity.

8.2 Ordinary Termination

Ordinary termination is only possible at the end of the current contract term (minimum term or renewal period). The notice period is 90 (ninety) days before the expiry of the respective term. Termination at the end of the month during a running contract period is excluded.

8.3 Extraordinary Termination

LeadBoom is entitled to extraordinary termination if the Customer:

• Violates these GTC
• Uses the platform for unlawful purposes
• Is in default on payments

8.4 Consequences of Termination

After contract termination:

• Customer data will be deleted after 30 days
• Unused credits expire
• Access to the platform ends

8.6 Automatic Renewal

The contract automatically renews for the same period as the original minimum term after expiry of the minimum contract term, unless terminated in writing with a notice period of 90 (ninety) days before expiry of the respective term. The prices current at the time of renewal according to LeadBoom's price list apply for the renewal period.

8.8 Data Export After Contract End

After contract termination, the Customer has the option to request a paid data export within 14 (fourteen) days. The cost for the data export is a flat fee of EUR 250.00 net. After expiry of this period, all customer data will be irrevocably deleted.

8.9 Deletion in Case of Payment Default

In the event of payment default of more than 60 (sixty) days, LeadBoom is entitled to irrevocably delete all customer data. LeadBoom will inform the Customer at least 14 days before the planned deletion by email to the registered email address.

8.11 Exclusion of Withdrawal

The Customer's statutory right of withdrawal is excluded to the extent legally permissible. The Customer's rights are limited to termination in accordance with these GTC. Statutory rights of withdrawal in cases of fraudulent misrepresentation or impossibility remain unaffected.

8.13 Exclusion of Right of Withdrawal (B2B)

As LeadBoom exclusively provides services to entrepreneurs within the meaning of § 14 BGB, there is no statutory right of withdrawal. The Customer expressly confirms upon conclusion of the contract that they are acting as an entrepreneur. Any right of withdrawal that may nevertheless exist is hereby excluded to the extent legally permissible.

9.1 Privacy Policy

The processing of personal data is carried out in accordance with our Privacy Policy, available at https://leadboom.de/en/privacy/.

9.2 Third Party Right to Object

LeadBoom offers data subjects (leads) the possibility to object to the processing of their data at: widerspruch@leadboom.de

10.1 Right to Amend

LeadBoom reserves the right to amend these GTC with a notice period of 30 days.

10.2 Objection

In the case of material changes, the Customer has the right to object within 30 days. Without objection, the new GTC are deemed accepted.

11.1 Applicable Law

German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

11.3 Severability Clause with Replacement Authority

Should individual provisions of this contract be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. Instead of the invalid provision, the valid and enforceable regulation that comes closest to the economic purpose of the invalid provision shall be deemed agreed. LeadBoom has the right to determine the replacement regulation at its reasonable discretion and to notify the Customer. The Customer may object to the replacement regulation within 14 (fourteen) days.

11.5 Contract Language and Interpretation

The contract language is German. In the event of contradictions between different language versions, the German version shall prevail. In case of doubt, this contract shall be interpreted in favor of LeadBoom.

12.1 General Cooperation Obligation

The Customer is obligated to provide all information, access, materials and approvals required for service provision in a timely and complete manner.

12.2 Response Deadlines

The Customer is obligated to respond to inquiries, follow-up questions and notifications from LeadBoom within 5 (five) business days. Communication takes place via email or the platform.

12.4 Additional Costs Due to Lack of Cooperation

If LeadBoom incurs additional effort due to the Customer's missing or delayed cooperation, LeadBoom is entitled to invoice this on a time-and-materials basis at the applicable hourly rate (minimum EUR 120.00 net/hour).

12.6 Shortened Response Time for Time-Critical Projects

For projects or requests classified as time-critical, LeadBoom may shorten the response time to 2 (two) business days. LeadBoom informs the Customer about the shortened deadline by email or via the platform. In the event of non-response within the shortened deadline, the legal consequences pursuant to § 12.3 apply accordingly.

13.1 Provision as Fulfillment

LeadBoom's service is deemed rendered as soon as the lead data, campaign structures or other results are provided in the customer account or otherwise made accessible to the Customer.

13.3 Burden of Proof and Documentation Priority

The burden of proof that a service is defective lies with the Customer. The automatic logs and records of the platform, email correspondence, and ticket systems of LeadBoom are deemed priority evidence for the type, scope, and timing of service delivery. The Customer acknowledges the evidentiary value of this documentation unless they have expressly and substantively objected within the complaint period pursuant to § 13.2.

14.4 Non-Solicitation of Employees

The Customer undertakes not to directly or indirectly solicit, hire, or support the solicitation by third parties of any employees, freelancers, or subcontractors of LeadBoom during the contract term and for a period of 12 (twelve) months after the end of the contract. In the event of a violation, a contractual penalty in the amount of 12 times the gross monthly salary of the solicited employee is due, but at least EUR 15,000.00. Further claims for damages remain unaffected.

14.6 Competitor Disclosure Obligation

The Customer undertakes to immediately inform LeadBoom in writing during the contract term if they are receiving or intend to receive comparable services (lead generation, CRM setup, sales consulting) from a direct competitor of LeadBoom. A violation of this disclosure obligation entitles LeadBoom to charge a contractual penalty of EUR 5,000.00. LeadBoom reserves the right to revoke the granted special conditions pursuant to § 8.12 if competitor services are obtained.

15.1 Confidential Information

The Customer undertakes to treat all information about LeadBoom obtained in the course of the contractual relationship as confidential and not to disclose it to third parties, in particular pricing conditions, technical details of the platform, business processes and strategic information.

15.2 Duration

The confidentiality obligation continues for the duration of the contractual relationship and for a period of 24 (twenty-four) months after termination of the contract.

15.3 Exceptions

The confidentiality obligation does not apply to information that (a) was already publicly known at the time of disclosure, (b) must be disclosed due to legal obligation, or (c) is shared with prior written consent of LeadBoom.

15.5 Usage Data

LeadBoom is entitled to use anonymized and aggregated usage data of the Customer — including usage frequency, data volume, campaign performance, and platform interactions — for the improvement of the platform, for the creation of benchmarks, for statistical purposes, and for its own marketing purposes. No attribution to individual customers is made in the process.

16.2 Accumulation

The reminder fees and charges of the individual levels are cumulative. Each level is in addition to the preceding costs.

17.1 Right of Audit

LeadBoom is entitled to verify the Customer's contractual use of the platform, in particular with regard to compliance with account limits, terms of use and data protection obligations.

17.2 Costs in Case of Violations

If violations are discovered during an audit, the Customer bears all costs of the audit, but at least a flat fee of EUR 500.00 net.

18.1 Company Transfer

In the event of a sale, restructuring or transfer of the Customer's company, the contract passes to the legal successor. The Customer and the legal successor are jointly and severally liable for all obligations under the contract until LeadBoom accepts the legal successor in writing as the sole contracting party.

18.2 Assignment

The Customer may not assign or transfer rights and obligations under this contract to third parties without the prior written consent of LeadBoom. LeadBoom is entitled to assign rights and obligations under this contract — in particular payment claims — to third parties without the Customer's consent. The Customer will be informed about an assignment.

19.1 Definition

Force majeure within the meaning of this contract includes in particular: natural disasters, war, terrorism, pandemics, government orders, changes in the legal situation (particularly regarding data scraping or data protection), failures of third-party servers or infrastructure, API changes of data sources, power outages, cyber attacks and comparable circumstances not attributable to LeadBoom.

19.2 Legal Consequences

In the event of force majeure, LeadBoom's service obligation is suspended for the duration of the impediment. The Customer's payment obligation remains in full. The Customer has no right to price reduction, damages, or retention during the period of force majeure. Only in the case of a duration of more than 90 (ninety) days are both parties entitled to extraordinary termination with immediate effect.

20.1 Official Communication Channels

Legally binding communication between the parties takes place exclusively via email to the respective registered email addresses or via the integrated communication function of the platform.

20.2 Non-Binding Nature of Informal Communication

Oral agreements, arrangements via WhatsApp, messenger, telephone or other informal channels have no legally binding effect unless they are confirmed in writing by both parties via email or the platform.

21.1 Right to Change

LeadBoom is entitled to expand, modify or discontinue individual non-essential functions of the platform at any time, provided that the essential core functionality (lead generation and CRM) is maintained. Such changes do not entitle the Customer to extraordinary termination or price reduction.