General Terms and Conditions

§ 1 Scope of application

(1) The following General Terms and Conditions (GTC) apply to the use of the "Social Selling Cockpit" software (hereinafter "Software") of iDot digital UG (haftungsbeschränkt) (hereinafter "Provider") exclusively for traders and companies within the meaning of Art. 2 lit. b of the Federal Act against Unfair Competition (UWG). Consumers are excluded from purchasing.

(2) Unternehmer Werft GmbH (hereinafter "Sales Partner") distributes the software on behalf of the Provider. By purchasing and using the software, the customer agrees to these GTC. Deviating terms and conditions of the customer are not recognised unless the provider expressly agrees to their validity in writing.

§ 2 Services of the provider

(1) The provider makes the software available to the customer in order to make better use of LinkedIn and attract customers. The software and the provider are in no way affiliated with LinkedIn. LinkedIn is a brand of the LinkedIn Corporation.

(2) The software is still under development and bugs may occur. Continuous availability of the software cannot be guaranteed.

(3) The provider shall provide the customer with free support by e-mail. Telephone support is not offered.

§ 3 Requirements for the use of the software

(1) The software is installed on the customer's own computer. There are versions for Windows and MacOS (Intel and Apple Silicon M1, M2, ...). Supported operating systems:

Windows 10 or later
macOS Catalina 10.15 or later

(2) A stable internet connection (at least 10mbps), a 4-core processor and at least 8 GB RAM are required to run the software.

(3) A LinkedIn account is required to use the Social Selling Cockpit. This must be created separately and is subject to LinkedIn's terms and conditions.

(4) The software may only be used in accordance with the laws of Switzerland, the Federal Republic of Germany and the laws applicable to the customer.

(5) In order to display the software properly, a screen with at least Full HD resolution (1920x1080px) is required.

§ 4 Registration and utilisation

(1) Registration is required to use the software. This happens automatically when you purchase the software. A password is not required.

(2) The data to be provided at the time of purchase and registration must be truthful, accurate, up-to-date and complete in order to use the Social Selling Cockpit.

(3) One person is permitted to use each licence. The software may only be used on one device at a time.

(4) The right of use is acquired in the form of a monthly subscription that can be cancelled.

§ 5 Terms of payment

(1) The customer purchases the software via the sales partner Unternehmer Werft GmbH, which carries out the sale on behalf of the provider.

(2) The possible payment methods are PayPal, credit card & SEPA direct debit, processed via Stripe Payments Europe, Limited (SPEL).

(3) Payment is due at the beginning of each month and is automatically collected by Stripe.

§ 6 Liability

(1) The provider is not liable for damage caused by the use of the software, unless the damage was caused intentionally or through gross negligence.

(2) The provider is not liable for lost profits or other financial losses of the customer.

(3) The provider is not liable for the legality of the use of the software by the customer in connection with LinkedIn.

§ 7 Data protection

(1) The sales partner and the provider process the personal data of customers in their own areas of responsibility.

(2) The sales partner is responsible for the processing of all personal data collected as part of the contractual relationship with the customer. This includes in particular the data required for the conclusion, processing and administration of the contract, such as name, e-mail address and payment information.

(3) In order to provide the software, the sales partner shall transmit the data required for the use of the software (in particular the e-mail address and the contract status) to the provider after conclusion of the contract. This data transfer takes place exclusively for the purpose of providing and managing the "Social Selling Cockpit" software.

(4) The provider is responsible as an independent controller for the processing of the transmitted data in the context of the use of the software. This includes in particular the administration of access, the processing of technical data and all other processing necessary for the operation of the software. The provider undertakes to use the transmitted data exclusively for this purpose and to comply with all data protection regulations of the GDPR and the Federal Data Protection Act (BDSG).

(5) The sales partner shall inform the customers about the data processing by the provider and ensure that the information obligations pursuant to Art. 13 GDPR are fulfilled vis-à-vis the data subjects.

(6) Further information on data protection and the respective responsibilities can be found in the data protection declarations of UW and ID under the following links:

• Unternehmer Werft GmbH: https://social-selling-cockpit.com/privacy/
• iDot digital UG: https://privacy.idot-digital.com/
  

(7) When using the software, the provider processes personal data on behalf of the customer. Therefore, an order processing contract (AVV) in accordance with Art. 28 GDPR is automatically concluded between the customer and iDot digital UG (haftungsbeschränkt) when the software is used. The DPA can be viewed at the following link and is also accepted by agreeing to these GTCs: https://privacy.idot-digital.com/ssc-avv.pdf.

§ 8 Refund policy

(1) A refund of amounts already paid is generally excluded. Upon payment, the customer acquires the right to use the software for the period agreed in the purchase contract.

(2) There is no entitlement to a refund or pro rata reimbursement of fees, irrespective of whether and to what extent the software is used by the customer.

(3) This provision shall also apply in the event of premature termination of the user relationship by the customer. However, the customer retains the right to use the software until the end of the billing period already paid for.

§ 9 Final provisions

(1) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

(2) Applicable law and place of jurisdiction:

• All legal relationships between the customer and the provider (iDot digital UG (haftungsbeschränkt)) shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is, as far as legally permissible, the registered office of the provider.
• Swiss law applies to the sales partner (Unternehmer Werft GmbH) to the exclusion of the UN Convention on Contracts for the International Sale of Goods if the customer concludes the purchase directly via the sales partner in Switzerland. The place of jurisdiction for claims against the sales partner is its registered office in Switzerland.

(3) The provider reserves the right to amend or supplement these GTC at any time. The customer shall be informed of any amendments or additions in a suitable form. If the customer does not object to the amended or supplemented GTC within 4 weeks of notification, they shall be deemed to have been accepted. The provider shall inform the customer separately of the significance of the deadline and the legal consequences of silence.

Version from 21 October 2024