Terms of Service

1. Scope of Application

1.1 The following terms and conditions apply between Leadux GmbH, Friedrichstraße 95, 10117 Berlin, Germany ("Leadux") and the customer ("Customer") for the use of the AI-powered conversational lead generation services provided by Leadux ("Services").

1.2 These terms and conditions apply exclusively with regard to the Services. No other terms and conditions shall apply even if Leadux does not expressly object to them.

1.3 Leadux offers Services to businesses only (B2B). By using the Services, you confirm that you are acting in a business capacity.

2. Description of Services

2.1 Leadux provides an AI-powered chat widget that can be embedded on the Customer's website. The widget engages website visitors in conversation and collects contact information as leads on behalf of the Customer.

2.2 The Services are provided as "Software as a Service" (SaaS). The Customer accesses the Services via the internet. Leadux processes and stores data generated through the use of the Services on behalf of the Customer.

2.3 The AI responses generated by the Services are based on the Customer's published website content and general knowledge. Leadux does not guarantee the accuracy, completeness, or suitability of AI-generated responses. The Customer is responsible for reviewing conversation quality and configuring the Services appropriately for their industry and use case.

2.4 Leadux may update, improve, or modify the Services at any time. Leadux will notify the Customer in advance of any significant changes that materially affect the functionality of the Services.

3. Customer Obligations

3.1 The Customer is responsible for ensuring that the use of the Services on their website complies with applicable laws and regulations, including data protection laws (GDPR).

3.2 The Customer must implement appropriate consent mechanisms (e.g., privacy notices, cookie consent) on their website before deploying the Leadux chat widget.

3.3 The Customer remains the data controller for all personal data collected from their website visitors through the Services. Leadux acts as a data processor on behalf of the Customer. A separate Data Processing Agreement (DPA) governs this relationship.

3.4 The Customer shall not use the Services for any unlawful purpose, including but not limited to collecting data without proper consent, engaging in deceptive practices, or violating third-party rights.

4. Service Availability

4.1 Leadux targets a service availability of 99% per month.

4.2 Leadux may conduct maintenance and temporarily suspend or limit the Services for this purpose. Leadux will inform the Customer of planned maintenance in advance. Maintenance will be scheduled during periods of low usage when possible.

4.3 Service availability does not include downtime caused by third-party services (including AI API providers), internet connectivity issues, force majeure, or circumstances beyond Leadux's reasonable control.

5. Data Protection

5.1 Leadux processes personal data in compliance with the GDPR and applicable German data protection laws.

5.2 Conversation data is processed using third-party AI language model APIs. These API calls are stateless and the AI provider does not retain input or output data.

5.3 Conversation logs are retained for a maximum of 90 days (or a shorter period as configured by the Customer) and are then automatically deleted.

5.4 All data is stored on servers located in the European Union (Germany).

5.5 Leadux will never sell, share, or otherwise transfer Customer data or visitor data to third parties, except as required to provide the Services or as required by law.

6. Payment Terms

6.1 Leadux charges fees for the Services as described on the pricing page at leadux.com/pricing.

6.2 Fees are billed monthly in advance. Payment is due within 14 days of invoice.

6.3 Leadux reserves the right to suspend the Customer's access to the Services for overdue payments.

7. Termination

7.1 Either party may terminate the Services at the end of the current billing period by providing written notice (email is sufficient) at least 14 days before the end of the period.

7.2 Either party may terminate the Services immediately for cause if the other party materially breaches these terms and fails to remedy the breach within 14 days of written notice.

7.3 Upon termination, the Customer's access to the Services will be deactivated. The Customer is responsible for exporting any data before termination. Leadux will delete the Customer's data within 30 days of termination, except where retention is required by law.

8. Limitation of Liability

8.1 Leadux is liable for damages caused by intent or gross negligence in accordance with statutory provisions.

8.2 For damages caused by ordinary negligence, Leadux is only liable for breaches of material contractual obligations (cardinal duties). In such cases, liability is limited to foreseeable, typical damages.

8.3 Leadux is not liable for the accuracy, completeness, or suitability of AI-generated responses. The Customer is responsible for reviewing and monitoring the quality of conversations on their website.

8.4 The limitations of liability in this section do not apply to damages arising from injury to life, limb, or health, or to liability under the German Product Liability Act.

9. Governing Law and Jurisdiction

9.1 These terms are governed exclusively by the laws of the Federal Republic of Germany.

9.2 The exclusive place of jurisdiction for all disputes arising from or in connection with these terms is Berlin, Germany.

10. Changes to These Terms

Leadux may update these terms from time to time. Material changes will be communicated to the Customer at least 30 days before they take effect. Continued use of the Services after the effective date constitutes acceptance of the updated terms.