General Terms of Service
LeadMetrics GmbH
1. General
1.1 LeadMetrics GmbH (“Contractor”) concludes contracts and provides its services exclusively on the basis of these General Terms and Conditions (“GTC”) in the version valid at the time of contracting, the offer submitted by it, and the service agreements concluded with an entrepreneur as customer (“Customer”). These GTC therefore apply only to business‑to‑business transactions; they do not apply to transactions with consumers. The GTC also apply if the Contractor engages subcontractors.
1.2 The Customer’s general terms and conditions do not form part of the contractual relationship or any future business relationship. This applies regardless of whether the Contractor comments on them or whether and when they are brought to the Contractor’s attention.
1.3 These GTC also apply to all future contractual relationships between LeadMetrics and the Customer, even if they are not expressly referred to in an offer or contract.
2. Customer Registration and Subscription Packages
2.1
A prerequisite for a valid order via the platform
https://www.lead-metrics.com
is the Customer’s registration and login on the website using personal data. During registration, the Customer must accept these GTC and select the software and services. LeadMetrics reserves the right to adjust the type, scope, and functions of the offered software at any time.
2.2 Based on this, the Customer selects a subscription (“Subscription”). Upon initial registration, a free 14‑day trial period (14 × 24 hours) begins. After the trial period expires, the selected subscription will be activated subject to payment unless it has been cancelled beforehand.
During the trial phase, all functions and quotas available in the selected subscription can be used without restriction.
Prices for subscriptions and individual functions are displayed during the ordering process and can be viewed at any time at
https://www.lead-metrics.com.
2.3 The conclusion of a subscription does not obligate LeadMetrics to perform every service requested by the Customer. There is no obligation to achieve a specific result.
3. Formation of the Contract
3.1 The services displayed on the platform are non‑binding. Registration constitutes an offer to conclude a service agreement. The Customer is bound to this offer for a maximum of one business day.
The contract is concluded upon completion of registration and acceptance of these GTC.
3.2 By submitting the registration, the Customer declares that they are at least 18 years old. Registrations by minors are prohibited.
4. Subject Matter of the Contract
4.1 The subject matter of the contract is the use of a web‑based software for creating KPI dashboards and automated reports. Access is provided via an internet browser.
4.2 LeadMetrics offers various plans (Starter, Pro, Agency) with different functional scopes. Additional add‑ons may be booked.
4.3 The Customer is obligated to provide all information required for contract performance truthfully. The Customer is liable for any additional costs incurred due to incorrect information.
4.4 Delivery obligations are suspended in cases of force majeure or circumstances beyond the control of LeadMetrics.
4.5 LeadMetrics is entitled to change prices and service content. Existing contracts remain unaffected.
4.6 LeadMetrics ensures an average annual availability of 95%. Maintenance work will be announced in advance where possible and carried out outside normal business hours.
5. Fees, Payment, and Value Adjustment
5.1 The obligation to pay begins after the free trial period ends or when a paid subscription is concluded.
5.2 Payments may be made by credit card, instant bank transfer, or SEPA direct debit.
5.3 Fees paid are non‑refundable. Access may be suspended if payment is not received.
5.4 Invoices are provided electronically via email.
5.5 The Customer bears the costs of legal enforcement in the event of culpable payment default.
5.6 Chargeback and return debit fees shall be borne by the Customer.
5.7 In the event of default, default interest of 11.88% above the base interest rate applies.
5.8 The subscription fee is subject to annual indexation in accordance with the Consumer Price Index (CPI) 2022.
6. Customer Obligations
6.1 The Customer is responsible for the security of their access credentials.
6.2 Misuse or loss of access credentials must be reported immediately.
6.3 Inquiries from LeadMetrics must be answered without delay.
6.4 The use of the software is at the Customer’s own responsibility.
6.5 Prohibited uses include in particular:
- false or misleading data
- unauthorized access
- penetration tests without permission
6.6 Any additional costs resulting from breaches of duty shall be borne by the Customer.
7. Liability / Warranty
7.1 LeadMetrics is liable only in cases of gross negligence or intent.
7.2 Liability is limited to the agreed subscription fee.
7.3 No liability is assumed for:
- claims by third parties
- damages caused by integrations
- incorrect data processing by the Customer
8. Suspension and Deletion
8.1 In the event of payment default, access may be suspended after a reminder.
8.2 Unlawful content may be reviewed and blocked.
8.3 In the event of legal violations, the account may be suspended and authorities informed.
8.4 Outstanding fees remain payable even if access is suspended.
9. Term and Termination
9.1 Contracts are concluded for an indefinite term and are automatically renewed.
9.2 The notice period is four weeks to the end of the term.
9.3 The right to extraordinary termination for good cause remains unaffected.
9.4 Ordinary terminations take effect at the end of the term.
10. Set‑Off
10.1 LeadMetrics is entitled to set off claims.
10.2 The Customer may only set off claims under strict statutory conditions.
11. Data Protection
The data protection policy is available at
https://leadmetrics.at/datenschutz
12. Amendments to the Contractual Terms
Amendments are deemed accepted if no objection is raised within 30 days.
13. Miscellaneous
13.1 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
13.2 The place of jurisdiction is Vienna.
13.3 The contractual language is German.
13.4 The invalidity of individual provisions does not affect the validity of the remaining provisions.
Status: 01/11/2024