Terms of service
Terms of service
General terms and conditions of business
1. Scope
1.1. These general terms and conditions of use ("GTC") apply to all software services ("Software") within the framework of the contractual relationship ("Contract") between the salesmaster sole proprietorship, Patrick Frisch, Krummes Wiese 1a, 59427 Unna ("Company", "salesmaster", "we") with the current address as per the imprint on the website https://getsalesmaster.com/policies/legal-notice and the sole proprietor or company as customer ("Customer", "you") with all contents, functions, services and rules. The customer's general terms and conditions only become part of the contract if salesmaster expressly approves this in writing.
1.2. Customers can only be entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). The GTC do not apply to consumers within the meaning of Section 13 of the German Civil Code (BGB).
2. Subject matter of the contract
2.1. The subject of the contract is the use of the software as part of a subscription or a one-time purchase. salesmaster provides a website template for online shop operators who operate their online shop via the Shopify platform. Details of the functions of the software are available on the website https://getsalesmaster.com. As part of the contract, the General Terms and Conditions apply in full to the information provided there.
2.2 We offer a subscription or a one-time purchase with identical functionality. Specific information on payment options can be found on https://getsalesmaster.com.
3. Scope of services
3.1. You are only entitled to the software and services agreed upon when the contract was concluded in accordance with the websites named in §2.1 and §2.2, or the information provided on the website during the purchase process.
3.2. We reserve the right to adapt the type and scope of the software offered and any functions in accordance with §13.
3.3. We always endeavor to ensure unrestricted usability and availability of our software, but cannot provide an unrestricted guarantee of this. We are obliged to ensure an annual average usability and availability of the software of 98% ("service level").
3.4. The provision of the software is also in accordance with the contract if the annual average service level is reduced by a maximum of 6% due to:
3.4.1. Repair, update or maintenance work on the website and within the salesmaster software, or
3.4.2. Circumstances that are outside the area of responsibility of salesmaster, in particular all actions of third parties who are not acting on behalf of salesmaster and the availability of technical Internet functions that salesmaster cannot influence.
4. Conclusion of contract & free trial version
4.1. A contract is concluded between us and you as soon as you or your authorized representative have purchased a license from salesmaster on the platform and accepted the terms and conditions.
4.2. By downloading the trial version, you receive the full scope of the template for 14 days and can purchase a license during and after this period between a subscription or a one-time purchase.
4.3. There is no right of cancellation and cancellation of a completed subscription or one-time purchase is not possible.
4.4. The license purchased is only valid for the one online shop through which the license was purchased. Transferring or reusing the license to another or further online shops is not possible and is not intended. A license must be purchased for each individual online shop. This applies to the subscription and the one-time purchase of salesmaster.
5. Data protection
5.1. We undertake to protect customer data at all times using appropriate measures that correspond to the current state of the art.
5.2. Details on the handling of personal data, data protection and data security are described in detail in the privacy policy. Data is transmitted via a secure and encrypted internet connection.
5.3. In the event that technical or legal conditions change, we reserve the right to change the practices described in the General Terms and Conditions and the Privacy Policy. We will inform you of any changes in good time.
6. Your responsibility
6.1. As part of your duty of care, you will ensure that you can be reached at the email address provided from the time you purchase a license.
6.2. You must respond promptly to requests from salesmaster.
6.3. You warrant that your use of the Software complies with all applicable laws and regulations. In particular, you warrant that you will comply with the following usage restrictions set out by salesmaster:
6.3.1. The Software may not be used in connection with User Content that in any way involves any of the following: false or misleading business opportunities, fraud or pyramid schemes; health-related claims that have been determined by a regulatory authority to be false or misleading; illegal activities; sale of drugs or pharmaceuticals; sale of illegal products or services; pornography or sexually explicit content; content that promotes or depicts human trafficking, child abuse, animal abuse or that trivializes the abuse of alcohol, drugs or other substances; graphically promotes gratuitous violence or injury, beatings, injuries, attacks or humiliation; and/or content that is unnecessarily shocking to the senses, is grossly egregious, or depicts or promotes accidents, death, hate speech, attacks or degrading any group based on race, ethnic origin, religion, disability, gender, age and the like. Any use of the Software in connection with predatory behavior, including invasion of privacy directed at other persons, especially children, is not permitted and will not be tolerated;
6.3.2. It is prohibited to access, tamper with or use non-public areas of the Software or the Website, our computer systems or the technical delivery systems of our providers in any way other than as contractually defined.
6.3.3. Activities such as vulnerability scanning, load testing, penetration testing or circumventing our security measures in any way are strictly prohibited on our Platform without our prior written permission.
6.4. You are responsible for the contractual relationship and data protection of all data collected, processed and analyzed via the salesmaster template with the respective end users. We assume no responsibility and have no contractual relationship with these end users. You are also obliged to comply with the legal provisions for operating a website, as the templates you create and their contents represent websites within the framework of the legal provisions and you bear sole responsibility for these websites.
6.5. You expressly confirm that you have the necessary rights to any data uploaded or otherwise made available to us via the template or the express permission from the rights holder to use this data in the context of publishing it via the software. This includes, but is not limited to, any uploaded or integrated images, audio and video files, fonts, graphic elements, text, logos and other copyrighted data.
6.6. We provide you with templates within the template. These templates may contain licensed content and data. The rights to this content and data are limited to the representation in the templates and are intended only as placeholders. Beyond providing the templates as placeholders, we do not transfer any rights to you for the use of the content and data provided in the templates. This includes, but is not limited to, trademarks, photos and other media.
6.7. You undertake to support us to an appropriate extent in the provision of the contractual services, e.g. by informing us of any system errors ("bugs") you have identified.
7. Fees and payment processing
7.1. The obligation to pay the fees begins when you make a purchase under these Terms and Conditions.
7.2. The fees for the plan, subscription or one-time purchase you have chosen are listed in detail at https://getsalesmaster.com or when checking out a package (prices are always gross). You must ensure that the payment method has sufficient funds for this. Any fees incurred will be collected in advance at the beginning of the service period for the respective service period.
7.3. You confirm that you agree to receive invoices in electronic form by email. You are responsible for properly storing the invoices.
7.4. In addition to the fees for using our software, invoices also include the statutory sales tax and all other taxes, if applicable. If you are resident in another EU country, no sales tax will be charged because you are obliged to pay sales tax in your country in accordance with the reverse charge procedure (provided you have provided a valid VAT ID). If you are based outside the EU, other interstate regulations may apply.
7.5. Fees paid are generally non-refundable.
8. Release from liability
You indemnify us against all claims, including any claims for damages, asserted against us by other customers, end users or other third parties, including authorities, due to the infringement of rights through your use of the software and the template. You are liable for all costs, including the costs of legal defense, that we incur due to your infringement of third-party rights. All of our further rights and claims for damages remain unaffected. The above obligations only apply to the extent that you are responsible for the infringement in question.
9. Restriction, control, blocking of accounts
9.1 We may restrict your access to the Software in whole or in part if you fail to pay any fees due after repeated requests (at least two (2) reminders within a five (5) day period).
10. Term and termination of the contract
10.1. Unless otherwise specified in the respective service description, the contract is concluded for an indefinite period. Completed subscriptions are automatically extended for a further term if they are not terminated in time.
10.2. In principle, you can only change your plan at the end of the contract term. However, you can switch to a plan with higher quotas at any time without extending the contract term.
10.3. You can terminate the contract with one (1) working day's notice up to the end of the term via the account settings within the software or by email (email address can be viewed at https://getsalesmaster.com/policies/legal-notice).
10.4. We can terminate the contract with at least four (4) weeks' notice in text form (e.g. by email) and without giving reasons.
10.5. The right to extraordinary termination for good cause remains unaffected. Good cause in this sense exists in particular if you:
10.5.1. fall into arrears with the payment of at least one full monthly fee, even after repeated requests for more than 6 days,
10.5.2 fall into arrears with not insignificant parts of the fee despite repeated warnings,
10.5.3 fail to provide us with information required for regulatory reasons in a timely manner despite being requested to do so within a reasonable period of time,
10.5.4 use the software for unfair or harmful business practices,
10.5.5 commit an offence to the detriment of us or our employees (e.g. our support staff),
10.5.6 impair the software, in particular by using unauthorized software solutions, malware or by attacking salesmaster's infrastructure,
10.5.7 otherwise violate essential contractual obligations or repeatedly violate not insignificant contractual obligations, or
10.5.8 endanger the claims and interests of salesmaster by significantly deteriorating or significantly endangering your financial situation.
10.6. The termination takes effect, except for §10.5 or comparable extraordinary reasons for termination, at the end of the contractually agreed term.
10.7. We will irrevocably delete the account after a twelve-month (12) period has elapsed.
11. Liability for defects
11.1. The following applies to the provision of software by us as part of the software:
11.1.1. The statutory warranty provisions apply in principle unless the General Terms and Conditions contain different agreements.
11.1.2. Liability for restrictions on usability and availability as a result of force majeure and lawful internal industrial action is excluded. The customer's right of termination according to §10.2 remains unaffected.
11.1.3. Your right to offset, reduction (reduction of the fee according to § 536 BGB) and retention is excluded unless you assert the aforementioned rights with legally established or undisputed claims.
11.1.4. The application of § 536a Paragraph 2 BGB (tenant's right to self-remedy) is excluded.
11.1.5. The application of § 536a Paragraph 1 BGB (landlord's obligation to pay damages) is also excluded insofar as the standard provides for strict liability.
12. Limitation of Liability
12.1. We are liable without contractual limitation only for damages to the customer:
12.1.1. which are based on an intentional or grossly negligent breach of duty by us or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of salesmaster,
12.1.2. from injury to life, body or health which are based on a negligent breach of duty by us or an intentional or negligent breach of duty by a legal representative or vicarious agent of salesmaster, and
12.1.3. within the scope of guarantees granted by the customer or due to fraudulent deception by salesmaster.
12.2. For damages which are based on a slightly negligent breach of one of our essential obligations, salesmaster's liability is limited to a maximum of the fees paid by you in the last twelve (12) months. Essential obligations are those whose violation endangers the achievement of the purpose of the contract or whose fulfillment enables the proper execution of the contract in the first place and whose compliance you regularly rely on.
12.3. Any further liability of salesmaster is excluded.
12.4. Insofar as our liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents of salesmaster as well as to tort claims.
13. Changes to the software and the terms and conditions
13.1. We may make changes to the software, the template, the T&Cs including the current offer (https://getsalesmaster.com) and other provisions of the contract without consulting you, which
13.1.1. correct obvious errors or gaps,
13.1.2. concern descriptive provisions insofar as the underlying circumstances have changed,
13.1.3. serve to clarify or clarify or are otherwise of an editorial nature or
13.1.4. are not disadvantageous to you in legal or factual terms. This includes in particular the introduction of further free functions within the software.
We will inform you of these changes by email.
13.2. salesmaster will offer the customer changes to the contract (including the T&Cs and the offer at https://getsalesmaster.com) other than those mentioned in §14.1 or elsewhere in the T&Cs. If you do not object within a period of 6 weeks, the changes are deemed to be approved. The decisive factor for compliance with the objection period is the receipt of the objection by salesmaster.
13.2.1. We will inform you by email about the new regulations and the date of entry into force and point out the objection period and the consequences of expiring the objection period. The objection period begins when you receive this email.
14. Communication and legal framework
14.1. Unless otherwise specified in the T&Cs, the communication channels accepted by us for contact from you are emails and the chat within the software. We reserve the right to contact you in other ways. Our email address can be found at https://getsalesmaster.com/policies/legal-notice.
14.2. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
14.3. The exclusive place of jurisdiction for all disputes arising from or in connection with the contract (including the T&Cs) is Dortmund. This also applies to the enforcement of our rights against you.
14.4. Should individual provisions of the T&Cs be or become invalid, this shall not affect the validity of the T&Cs in the remainder. The invalid provision shall be replaced by the contracting parties by mutual agreement with a provision that comes closest to the economic purpose of the invalid provision in a legally effective manner.
14.5. The above provision shall apply accordingly in the event of regulatory gaps.
15. Alternative dispute resolution
15.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
15.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.