Terms and Conditions

These Terms and Conditions apply to all paid LeadWin plans booked via leadwin.ai. Our Terms of Use additionally apply to the use of the platform.

1. Scope and provider

1.1 These Terms and Conditions govern the contractual relationship between Feedbax, owner Armin Bossag, Holsteinstr. 10, 41564 Kaarst, Germany, e-mail [email protected] (hereinafter "we"), and you as the customer regarding the plans for the AI lead agent LeadWin offered at leadwin.ai.

1.2 Our services are directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Consumers are excluded. By placing your order, you confirm that you belong to this group of persons and are authorised to act on behalf of your business.

1.3 Deviating or supplementary terms and conditions of the customer do not become part of the contract, even if we do not expressly object to them.

1.4 These Terms and Conditions, in the version valid at the time the contract is concluded, also apply to all future bookings, plan changes and additional purchases without our having to refer to them again. You can access and print the current version at any time at leadwin.ai/terms.

1.5 Customer service: If you have any questions, you can reach us by e-mail at [email protected].

2. Definitions

2.1 "LeadWin" or "agent" is the AI chat assistant we provide as software as a service, which the customer embeds on their website via a code snippet and configures via the Dashboard on leadwin.ai.

2.2 "Visitors" are persons who use the agent on the customer's website.

2.3 "Conversation" is a chat history between a visitor and the agent or the customer's team. If the visitor starts a new chat history, a new conversation begins. If the visitor writes again in the same chat history only after more than 24 hours without a message of their own, a new conversation also begins; messages from the agent or the customer's team do not interrupt this period. "Allowance" is the number of conversations a plan includes per agent and billing month. "Top-up credit" is an additionally purchased allowance for a specific agent.

2.4 "Plan" is the service package booked in each case (currently LeadWin Basic, LeadWin Pro and LeadWin Scale as well as the Feedbax memberships that include a LeadWin agent). The free plan and the trial period are subject to the Terms of Use; these Terms and Conditions apply to them only where expressly stated.

3. Subject matter of the contract and scope of services

3.1 We make the agent available to the customer for use via the internet for the duration of the contract. The scope of services of the respective plan (in particular allowance, number of team members, knowledge sources, appointment booking, visitor analytics, integrations) is set out in the service description in the pricing overview on leadwin.ai at the time of booking.

3.2 The agent answers visitors' enquiries automatically with the help of AI language models on the basis of the knowledge sources and instructions provided by the customer. We owe the provision of the agent with the functionality described, not a particular commercial outcome (such as a particular number of leads, enquiries or appointments) and not the factual accuracy of individual AI-generated responses. Clause 9 remains unaffected.

3.3 We may further develop the agent, change functions or replace them with equivalent functions where this serves technical progress, is necessary to prevent abuse or is required by law, and where the contractual use is thereby impaired no more than insignificantly. If the contractual use is impaired more than insignificantly, the customer has a special right of termination effective as of the date the change takes effect.

3.4 The AI models and sub-service providers used (such as the provider of the language model) may change during the term of the contract. The sub-processors used at any given time are named in Annex 2 of the data processing agreement, the other service providers in our Privacy Policy.

3.5 We provide support by e-mail on working days. No particular response time is owed unless expressly agreed in the plan.

4. Conclusion of the contract

4.1 The presentation of the plans on leadwin.ai does not constitute a binding offer but an invitation to you to submit an offer on the terms stated there.

4.2 By clicking the button "Subscribe now (payment required)" (or a button with equivalent wording) in the order process, you submit a binding offer to conclude a contract for the selected plan. We accept it with the booking confirmation by e-mail or with the first debit, whichever occurs first.

4.3 After booking, you will receive a confirmation by e-mail containing the essential contract details. You can print or save these Terms and Conditions before placing your order.

4.4 Top-up credit and plan changes are booked with binding effect in the Dashboard by clicking the respective button marked as subject to payment.

5. Free plan and trial period

5.1 Where we offer a free plan or a time-limited trial period, these serve to test the agent. There is no entitlement to any particular availability, any particular scope of functions or to support. We may restrict or discontinue the free plan or the trial period with reasonable notice.

5.2 A trial period does not automatically convert into a paid plan. A paid plan comes into existence only through a booking in accordance with Clause 4.

6. Term and termination

6.1 The contract for a paid plan begins upon booking.

6.2 With monthly billing, the term is one month. It is extended by a further month in each case unless the contract is terminated by the end of the current term.

6.3 With annual billing, the term is twelve months. It is extended by a further twelve months in each case unless the contract is terminated by the end of the current term.

6.4 Termination is effected via the customer portal (accessible from the Dashboard) or in text form by e-mail to [email protected]. If we terminate, we do so in text form (e.g. e-mail) to the customer's e-mail address known to us.

6.5 The right of both parties to terminate for good cause without notice remains unaffected. Good cause exists for us in particular if the customer breaches Clause 8 despite a warning or is in default of payment of two consecutive invoices.

6.6 During the term you may switch to a higher plan at any time; the additional services are available immediately and the fee is adjusted pro rata. A switch to a lower plan takes effect at the end of the current term.

6.7 At the end of the contract, the agent is reset to the scope of functions of the free plan or, if no free plan is offered any longer, deactivated. Your account, conversations, contacts and settings are retained; the user relationship under our Terms of Use continues. The data is only deleted when you delete an agent or your account or request deletion.

6.8 You can only delete your account once your plan booked via leadwin.ai has been cancelled. If you delete it before the end of the cancelled term, the plan ends upon deletion; the fee for the remaining term is not refunded and unused credit is forfeited. Deletion is final. A Feedbax membership booked via feedbax.de remains unaffected by the deletion of the LeadWin account.

7. Prices, allowance and payment

7.1 All prices are net prices plus statutory VAT unless stated otherwise.

7.2 The fee for a plan is due in advance for the respective term (month or year) and is charged upon conclusion of the contract or at the beginning of each renewal. We provide invoices electronically. A one-time setup fee may apply to the first booking of a plan; its amount is shown in the price overview and it is due with the first invoice.

7.3 Payment is made via our payment service provider Stripe by credit card or SEPA direct debit. With SEPA direct debit, you grant the required mandate upon booking and ensure that your account holds sufficient funds. We may charge you the costs actually incurred for a returned direct debit for which you are responsible.

7.4 A plan's allowance applies per agent and billing month; one agent cannot use up another agent's allowance. Unused allowance expires at the end of the month and is neither carried over nor refunded. Once an agent's allowance is used up, that agent will not respond to new conversations until the beginning of the next billing month, unless top-up credit is available for it or it reloads automatically (clause 7.5).

7.5 Top-up credit is purchased for a specific agent and consumed only by that agent. It is charged once upon purchase and is due immediately. It is consumed once the monthly allowance has been used up, does not expire at the end of the month and is not paid out at the end of the contract. Unused top-up credit expires twelve months after purchase. When an agent's allowance and top-up credit are used up, the agent automatically purchases a top-up (currently the smallest pack offered) at the price shown in the price overview, at most three times per agent and billing month. It is paid in the same way as a manual purchase. We inform the customer of every automatic purchase by email. The function is switched on when the contract is concluded; the customer can switch it off for each agent at any time in the Dashboard.

7.6 In the event of default in payment, we may, after giving notice, restrict the agent to the free scope of functions until the outstanding amount has been settled. Our further statutory rights remain unaffected.

8. Obligations of the customer

8.1 The customer embeds the agent only on websites that they operate themselves or for whose operator they act with the operator's consent.

8.2 The customer is responsible for the instructions, knowledge sources and other content they provide and for the configuration of the agent, and ensures that these are lawful, do not infringe the rights of third parties and do not mislead visitors. The provisions of the Terms of Use on permitted use apply accordingly.

8.3 The customer is the controller under data protection law for the processing of the data of visitors to their website. The customer informs visitors about the use of the agent in their privacy policy (we provide a text module in the Dashboard), obtains the consent required for visitor analytics and does not instruct the agent to collect data for which there is no legal basis.

8.4 The customer reviews and monitors their agent's responses to a reasonable extent, in particular after changes to instructions or knowledge sources, and corrects any errors identified. Statements the agent makes to visitors are statements of the customer.

8.5 The labelling of the agent as an AI system provided for in the agent must not be removed.

8.6 The customer protects their own access credentials and those of their team members against unauthorised access and informs us without delay of any misuse.

8.7 The customer keeps the details of their business and their billing details up to date.

9. AI-generated content

9.1 The agent's responses are generated by machine. They may be incomplete, outdated or incorrect. We do not warrant the factual accuracy, completeness or suitability of individual responses. Clause 11 remains unaffected.

9.2 To the extent that rights arise in the texts generated by the agent, these belong to the customer; we do not reserve any rights in these texts.

9.3 We do not use the customer's content and conversations to train AI models. The language model providers we use are contractually obliged to process the transmitted data solely to provide the service.

10. Rights of use

10.1 For the duration of the contract, we grant the customer the non-exclusive, non-transferable, non-sublicensable right to use the agent on their websites within the contractual scope and to use the Dashboard.

10.2 The customer may not decompile or reverse engineer the software or make it available to third parties for their independent use, except where this is mandatorily permitted by law.

10.3 The customer grants us the rights of use in the content they upload that are necessary for the provision of the service (Clause 4 of the Terms of Use). The customer remains the owner of their content.

10.4 We will name the customer as a reference only with their prior consent in text form (e.g. e-mail).

11. Liability

11.1 We are liable without limitation for intent and gross negligence, under the German Product Liability Act, and for damages resulting from injury to life, body or health.

11.2 In cases of slight negligence, we are liable only for the breach of a material contractual obligation, i.e. an obligation whose fulfilment is essential for the proper performance of the contract and on whose observance the customer may regularly rely. In this case, liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded. In addition, it is limited in total to the fees the customer has paid to us in the twelve months preceding the event giving rise to the damage.

11.3 Strict liability for initial defects of the software under Section 536a (1) BGB is excluded.

11.4 The above limitations also apply in favour of our employees, representatives and agents.

12. Indemnification

The customer indemnifies us against all third-party claims based on the content or instructions they have uploaded, on the embedding of the agent on a website without the required authorisation, on a breach of data protection obligations towards their visitors or on any other breach of these Terms and Conditions, including the reasonable costs of legal defence. This does not apply to the extent that the customer is not responsible for the breach.

13. Data protection and data processing on behalf

13.1 To the extent that we process personal data of the customer's visitors, contacts and team members on the customer's behalf, we do so as a processor pursuant to Art. 28 GDPR. For this purpose, the parties enter into a data processing agreement. The customer concludes it upon signing up, or with a Feedbax account by accepting it in the Dashboard; it forms part of the contract. Before this acceptance, we do not provide any code for embedding the LeadWin agent.

13.2 The sub-processors we use are named in Annex 2 of the data processing agreement. We will inform the customer of changes at least seven days in advance in text form (e.g. e-mail); the customer may object for good cause relating to data protection (Section 6.2 of the data processing agreement).

13.3 Details on the processing of personal data on leadwin.ai are set out in our Privacy Policy.

14. Availability and maintenance

14.1 We strive for high availability of the agent and the Dashboard. Where possible, we carry out scheduled maintenance outside normal business hours (Mon–Fri 8 am–6 pm CET) and announce it where it leads to noticeable restrictions.

14.2 Availability excludes periods during which the agent is unavailable due to circumstances beyond our control, in particular disruptions at sub-service providers (such as language model providers, hosting, network operators), force majeure or attacks on the infrastructure.

15. Suspension

We may temporarily suspend the agent or access to the Dashboard if the customer breaches Clause 8, if the customer's agent poses a risk to the platform, other customers or third parties, or if Clause 7.6 applies. Where possible and reasonable, we will announce the suspension in advance and give the customer the opportunity to remedy the cause. The obligation to pay remains in place during a suspension for which the customer is responsible.

16. Changes to these Terms and Conditions

16.1 We may amend these Terms and Conditions with effect for the future where this is necessary for valid reasons, in particular due to changes in the law or case law, changes to the agent's functions or to close regulatory gaps, and the customer is not unreasonably disadvantaged as a result.

16.2 We will inform the customer of changes in text form (e.g. e-mail) at least four weeks before they take effect. If the customer does not object in text form (e.g. e-mail) before the changes take effect, the amended Terms and Conditions are deemed accepted. We will specifically point out the significance of silence in the notification. If the customer objects, both parties may terminate the contract as of the date the change takes effect.

16.3 Changes that materially restrict the scope of services to the detriment of the customer or establish new principal obligations of the customer are not possible by this means.

17. Final provisions

17.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

17.2 The place of jurisdiction is our registered place of business if the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany.

17.3 The language of the contract is German. Translations of these Terms are provided for information only; in the event of any discrepancy, the German version prevails.

17.4 Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions remains unaffected. The statutory provision applies in place of the invalid provision.