Terms of Service

(1) These Terms of Service (hereinafter "Terms") apply to all contractual relationships between Mark Malte Papke, sole proprietor, Reichartstraße 9A, 82166 Gräfelfing, Germany, operating under the brand "Setter AI" (getsetter.ai) (hereinafter "Provider") and its clients (hereinafter "Client").

(2) The Provider's services are exclusively directed at entrepreneurs and businesses. By entering into a contract, the Client confirms that they are acting in the exercise of their commercial or independent professional activity.

(3) Any deviating, conflicting, or supplementary terms of the Client shall not become part of the contract unless the Provider expressly agrees in writing.

(1) The contract between the Provider and the Client is concluded upon acceptance of an individual offer by the Provider. Acceptance occurs through payment via the payment link provided by the Provider or through written or digital confirmation (e.g., digital signature).

(2) The specific scope of services is defined in the individual offer or service description (Scope of Work) provided to the Client prior to the conclusion of the contract. This service description forms an integral part of the contract.

(3) These Terms apply in addition, as well as a separate Data Processing Agreement (DPA) pursuant to Art. 28 GDPR, where applicable.

(1) The Provider renders services in the field of automated outreach and appointment setting. The exact scope of services, including channels used, target audiences, and performance metrics, is defined exclusively in the individual service description.

(2) The Provider is obligated to perform the agreed services with due care. A specific outcome, in particular a minimum number of appointments, closings, or revenues, is not owed unless expressly agreed otherwise in the service description.

(1) The Client shall provide the Provider with all information, access credentials, and materials required for the provision of services in a timely manner.

(2) The Client is solely responsible for ensuring that the contact data provided has been lawfully obtained and that a sufficient legal basis for outreach exists (e.g., consent or legitimate interest pursuant to Art. 6(1)(f) GDPR).

(3) The Client is responsible for compliance with applicable data protection regulations with respect to the contact data provided.

(4) The Client is responsible for the setup, maintenance, and compliance of their own accounts and access credentials (e.g., messaging accounts, CRM systems, calendar tools).

(1) Fees are set out in the individual service description. They typically consist of a one-time setup fee and a recurring monthly retainer. In addition, third-party costs (e.g., API usage fees for messaging services) may be passed through to the Client at actual cost.

(2) All prices are net amounts plus applicable statutory value-added tax (VAT), where applicable.

(3) The setup fee and the retainer for the first month are due prior to the commencement of services and are payable via the payment link provided. All subsequent invoices are due within 14 days of the invoice date without deduction.

(4) Third-party costs are transparently invoiced based on actual usage on a monthly basis.

(5) In the event of payment default, the Provider is entitled to suspend service delivery until payment is received.

(1) The contract is concluded for an indefinite period unless otherwise stipulated in the individual service description.

(2) Either party may terminate the contract with 14 days' notice to the end of the respective billing period.

(3) The right to extraordinary termination for cause remains unaffected. Cause exists in particular if the Client is in arrears with payment of at least one full monthly fee despite a formal reminder.

(4) Terminations must be in text form (email is sufficient).

(5) Setup fees already paid are non-refundable upon termination.

(1) The Provider shall be liable without limitation for damages arising from injury to life, body, or health, as well as for damages caused by intent or gross negligence.

(2) In cases of slight negligence, the Provider shall only be liable for breach of material contractual obligations (cardinal obligations). Liability in such cases is limited to foreseeable, contract-typical damages.

(3) Liability for slight negligence is limited in amount to the net fees paid by the Client in the preceding 12 months, up to a maximum of EUR 10,000.

(4) The Provider shall not be liable for damages resulting from the quality of contact data provided by the Client, restrictions imposed by third-party providers (e.g., account suspensions, quality ratings by messaging platforms), or the behavior of contacted persons.

(1) Both parties undertake to keep confidential all confidential information obtained in the course of the collaboration and not to disclose it to third parties.

(2) This obligation shall continue for a period of two years after the termination of the contract.

(1) Insofar as the Provider processes personal data on behalf of the Client in the course of providing services, the parties shall enter into a separate Data Processing Agreement (DPA) pursuant to Art. 28 GDPR.

(2) The Provider's Privacy Policy is available at getsetter.ai/privacy.

(1) Insofar as the Provider creates texts, templates, or automations in the course of providing services, the Provider grants the Client a simple, non-transferable right of use for the duration of the contract.

(2) The systems, methods, processes, and software developed by the Provider remain the intellectual property of the Provider.

(1) The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be Munich, Germany, provided that the Client is a merchant, a legal entity under public law, or a special fund under public law.

(3) Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.

(4) Amendments and additions to these Terms must be in text form.

(5) In the event of any discrepancies between the German and any foreign-language version of these Terms, the German version shall prevail.