Terms of Use

These Terms of Use apply to the use of the LeadWin platform on leadwin.ai in all its language versions, in particular the Dashboard in which a LeadWin agent is set up and operated. For paid plans, our Terms and Conditions additionally apply; in the event of conflict, the Terms and Conditions prevail.

1. Provider and scope

1.1 The provider of the platform is Feedbax, owner Armin Bossag, Holsteinstr. 10, 41564 Kaarst, Germany, e-mail [email protected] (hereinafter "we").

1.2 These Terms of Use govern the relationship between us and you as a user of the platform, i.e. as the holder of a LeadWin account, as a team member who has been given access to a Dashboard via an invitation, or as a person who uses the platform in any other way.

1.3 The platform is 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 from use. By using the platform, you confirm that you belong to this group of persons or act on behalf of such a business.

1.4 Use of the platform itself is free of charge. The specific functions a LeadWin agent offers depend on the plan booked (free plan, trial period or paid plan) and are described in the pricing overview on leadwin.ai.

2. Account and access

2.1 An account is required to use the Dashboard. You create it on leadwin.ai with your e-mail address or via an account with Google, Microsoft or LinkedIn, and sign in via a sign-in link sent by e-mail or via that provider. Users registered with Feedbax get their access via their Feedbax account instead: service providers sign in with their Feedbax account, and for clients we set up a LeadWin account from their Feedbax account. The terms of use of Feedbax at feedbax.ai/terms-of-use additionally apply to these users.

2.2 Account holders can invite other persons to their Dashboard as team members. Team members receive their access via a personal sign-in link. The account holder is responsible for ensuring that only authorised persons are invited and removes team members whose authorisation ends.

2.3 You are obliged to protect your means of access (in particular sign-in links and access to your e-mail or LinkedIn account) against unauthorised access and not to pass on sign-in links. You must inform us without delay of any unauthorised use of your account.

2.4 You are responsible for all actions taken via your account or the accounts of your team members, to the extent that you are answerable for them.

2.5 The information provided during registration and in the Dashboard must be accurate and up to date. The use of pseudonyms for business details is not permitted.

3. Permitted use

3.1 You may embed the LeadWin agent only on websites that you operate yourself or for whose operator you act with the operator's consent.

3.2 You design the instructions, knowledge sources, greetings, notices and other content of your agent yourself. In doing so, you are in particular prohibited from:

• storing content or instructions that are unlawful, misleading, insulting, discriminatory or infringe the rights of third parties;
• instructing the agent in a way that deceives visitors, in particular by presenting itself as a human, concealing its nature as an AI system or making false statements about your business, your services or your prices;
• using the agent for advertising without the required consent, for spam or to approach persons who have objected to this;
• using the agent to collect special categories of personal data (e.g. health data) where there is no legal basis for doing so;
• collecting or analysing visitor data without the information or consent required under data protection law;
• uploading content in which you do not hold the necessary rights.

3.3 The labelling of the agent as an AI system provided by us in the platform and the notices for visitors provided by us must not be removed or obscured.

3.4 You must refrain from anything that could impair or place excessive load on the operation of the platform or the underlying infrastructure. In particular, circumventing technical limits (such as allowances or request limits), automated scraping of the platform, attacks on the platform and the introduction of malicious code are prohibited. Use of the programming interfaces documented by us remains permitted within the scope of these Terms of Use.

3.5 The Dashboard must not be used to gain access to the conversations, contacts or settings of other customers.

4. Your content and data

4.1 Content that you upload to the platform (instructions, knowledge sources, documents, logos, texts, settings) remains your property or that of your business. You grant us the simple, non-exclusive right to store, process, reproduce and display this content to the extent necessary for operating the agent and providing our services. This right ends when the content is deleted, unless statutory retention obligations prevent this.

4.2 We do not use your content or your agent's conversations to train AI models. We may analyse aggregated, non-personal usage statistics to improve the platform.

4.3 You warrant that you hold all rights in the content you upload that are necessary for the use under Clause 4.1 and that the content does not infringe the rights of third parties.

4.4 For the websites on which you embed the agent, you are the controller under data protection law. You inform the visitors to your website about the use of the agent. We provide a text module for this purpose in the Dashboard. If you use visitor analytics, you obtain the visitors' consent required for this. Details of the processing are set out in our Privacy Policy; you conclude the data processing agreement with us when you sign up. With a Feedbax account you accept it in the dashboard before you embed the agent on your website.

5. AI-generated content

5.1 The LeadWin agent generates its responses automatically with the help of AI language models on the basis of the knowledge sources and instructions you provide. Such responses may be incomplete, outdated or incorrect, even if they are convincingly worded.

5.2 You are responsible for reviewing and monitoring the configuration of your agent, in particular the instructions, knowledge sources and the responses it gives to visitors. For this purpose we provide a preview and the inbox with all conversations in the Dashboard.

5.3 Statements the agent makes to visitors (for example regarding prices, availability or commitments) are your statements to those visitors. We are not party to statements made to your customers and do not become their contracting party.

5.4 The agent is not a substitute for legal, tax, financial or medical advice. Do not use it to provide such advice.

6. Availability and changes

6.1 We strive for trouble-free operation of the platform. For free use, there is no entitlement to any particular availability or to the provision of particular functions. Maintenance work and events beyond our control may lead to restrictions.

6.2 We may further develop, change, label (for example as beta) or discontinue functions of the platform. For paid plans, the provisions of our Terms and Conditions apply.

7. Suspension and termination

7.1 As the account holder, you can stop using the platform at any time by deleting your LeadWin account in the dashboard or by requesting deletion by e-mail to [email protected]. You can delete individual LeadWin agents in the dashboard at any time. Deletion permanently removes the associated data. A paid plan booked via leadwin.ai must be cancelled first; details are set out in our Terms and Conditions. A Feedbax account remains unaffected by the deletion of the LeadWin account.

7.2 We may temporarily suspend your access or individual functions or remove individual content if you breach these Terms of Use, if such a breach is likely based on specific indications, or if this is necessary to protect the platform, other customers or third parties. Where possible and reasonable, we will announce a suspension in advance and give you the opportunity to remedy the breach.

7.3 In the event of serious or repeated breaches, we may terminate the user relationship with immediate effect.

7.4 We may terminate the user relationship with four weeks' notice in text form as long as no paid plan is in place. Until the user relationship ends you may request the return of your data; we delete it thereafter.

8. Liability

8.1 We are liable without limitation for intent and gross negligence and under the German Product Liability Act. For slight negligence, we are liable for damages resulting from injury to life, body or health of persons.

8.2 Otherwise, 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 you 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. This limitation of liability also applies in favour of our agents.

8.3 We do not warrant the factual accuracy, completeness or suitability of AI-generated responses, unless liability exists under Clause 8.1.

8.4 For free use of the platform, we are otherwise liable only for damages resulting from intent or gross negligence and in the cases set out in Clause 8.1.

9. Indemnification

You indemnify us against all third-party claims based on unlawful use of the platform by you or your team members, on content or instructions you have uploaded, or on a breach of these Terms of Use, including the reasonable costs of legal defence. This does not apply to the extent that you are not responsible for the breach.

10. Changes to these Terms of Use

We may amend these Terms of Use with effect for the future where this is necessary for valid reasons, in particular due to changes in the law, changes to the platform's functions or to close regulatory gaps, and you are not unreasonably disadvantaged as a result. We will inform you of changes in text form (e.g. e-mail) at least four weeks before they take effect. If you do not object in text form (e.g. e-mail) before the changes take effect, the amended terms are deemed accepted. We will specifically point out the significance of your silence in the notification. In the event of an objection, both parties may terminate the user relationship.

11. Final provisions

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

11.2 The place of jurisdiction is our registered place of business if you are a merchant, a legal entity under public law or a special fund under public law, or have no general place of jurisdiction in Germany.

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

11.4 Should individual provisions of these Terms of Use be invalid, the validity of the remaining provisions remains unaffected.