Sales Outreach Agent

Terms of Service

Effective Date: December 22, 2024 Last Updated: December 22, 2024

Contract Formation and Usage Rights

1.1. This Agreement becomes effective when you create an Account for the Service. By creating an Account, you expressly agree to these Terms of Service ("Terms").

1.2. As this Service provides immediate access to digital content, the statutory right of withdrawal (Widerrufsrecht) does not apply pursuant to § 356(5) BGB.

Voypost GmbH Zimmerstraße 78 10117 Berlin Germany

Registration: Amtsgericht Charlottenburg (Berlin), HRB 240982 VAT Number: DE352692502 Represented by: Mykyta Svyrydenko Email: info@voypost.com

2. Definitions

2.1. "Service" refers to the free demonstration sales outreach agent software that collects data and generates messages for export.

2.2. "User" or "You" refers to any individual or entity accessing or using the Service.

2.3. "Data" refers to any information processed through the Service, including but not limited to contact information and generated messages.

2.4. "Generated Content" refers to any messages or other content automatically generated by the Service.

2.5. "Account" means the email-based registration required to access the Service.

2.6. "Content" refers to any information, data, text, or other materials processed through or generated by the Service.

Additional terms related to data protection and privacy are defined in our Privacy Policy, which forms an integral part of these Terms.

3. Service Description and Limitations

3.1. The Service is provided as a free demonstration tool that:

  • Collects data about potential business contacts
  • Generates outreach messages based on specified parameters
  • Allows export of collected data and generated messages in CSV format

3.2. The Service is provided for demonstration purposes only, and Voypost GmbH makes no guarantees regarding:

  • The accuracy or completeness of collected data
  • The appropriateness or effectiveness of generated messages
  • The availability or uninterrupted operation of the Service

Our Privacy Policy contains detailed information about data processing practices, including how we collect, use, and protect your data.

4. User Obligations and Responsibilities

4.1. As a User, you acknowledge and agree that:

  • You are the data controller for any data processed through the Service
  • You are responsible for ensuring the legality of your use of the Service, including data collection and subsequent use
  • You will comply with all applicable laws and regulations, including data protection and privacy laws
  • You will not use the Service for any unlawful purpose

4.2. You must:

  • Maintain appropriate security measures for your account
  • Obtain necessary consents for data processing
  • Use Generated Content in compliance with applicable laws
  • Report any security incidents or unauthorized access
  • Provide and maintain a valid email address
  • Notify us of any changes to your email contact
  • Ensure continued access to your registered email address

Our Privacy Policy contains additional information about data processing practices and your privacy-related obligations.

5. Data Processing Agreement

5.1. By accepting these Terms, you also enter into a Data Processing Agreement with Voypost GmbH, under which:

  • Voypost GmbH acts as a data processor
  • You act as the data controller
  • Processing occurs only on your documented instructions
  • Appropriate technical and organizational measures are implemented

5.2. Data Processing Terms:

  • Processing purpose: Generation of sales outreach content
  • Processing duration: Limited to active service usage
  • Data categories: Business Contact Information
  • Data subject categories: Business professionals

5.3. As a data processor, Voypost GmbH will:

  • Process data only for specified purposes
  • Ensure staff confidentiality
  • Implement appropriate security measures
  • Assist with data subject rights requests
  • Delete or return data upon service termination

6. Security and Data Protection

6.1. Security Measures: Voypost GmbH implements appropriate technical and organizational measures to protect Personal Data processed through the Service.

6.2. Data Breach Notification: Voypost GmbH will notify Users of any personal data breach as required by applicable law.

7. Transparency

Upon reasonable request and within reasonable timeframes, Voypost GmbH may provide general information about its data protection practices.

8. Intellectual Property

8.1. The Service and its original content (excluding Generated Content) are owned by Voypost GmbH and protected by copyright and other intellectual property laws.

8.2. Generated Content:

  • You retain rights to content generated through your use of the Service
  • You are responsible for ensuring generated content doesn't infringe third-party rights

9. Liability and Warranties

9.1. The Service is provided free of charge and for demonstration purposes only. To the fullest extent permitted by applicable law, Voypost GmbH excludes all liability for any damages arising from the use of the Service.

9.2. As required by German law:

  • Liability for intentional acts and gross negligence cannot be excluded
  • Liability for damages to life, body, or health remains unrestricted as required by law

9.3. Beyond what is required by mandatory law, Voypost GmbH excludes all liability. Users shall indemnify and hold Voypost GmbH harmless from claims arising from: violation of these Terms, unlawful use of the Service, infringement of third-party rights, or misuse of Generated Content.

10. Force Majeure

10.1. Neither party shall be liable for failures or delays due to:

  • Natural disasters
  • War or civil unrest
  • Cyber attacks
  • Government actions
  • Pandemic or health emergencies
  • Power or telecommunications failures
  • Labor disputes
  • Supply chain disruptions

11. Term and Termination

11.1. These Terms remain effective until terminated by either party.

11.2. Voypost GmbH may terminate or suspend access to the Service immediately for:

  • Violation of these Terms
  • Illegal or unauthorized use
  • Risk to other users or third parties

11.3. Upon termination:

  • Access rights cease immediately
  • You must delete any downloaded data
  • Certain provisions survive termination

12. Changes to Terms

12.1. Voypost GmbH reserves the right to modify these Terms at any time.

12.2. Users will be notified of changes through:

  • Email notification
  • Service interface notification
  • Website announcement

13. General Legal Provisions

13.1. Assignment:

  • Users may not assign rights without written consent
  • Voypost GmbH may assign rights to affiliates or successors
  • Assignment in violation is void

13.2. Severability:

  • If any provision is invalid, remainder stays in effect
  • Invalid provisions replaced by valid ones serving same purpose
  • Parties will negotiate in good faith

13.3. Entire Agreement:

  • Terms constitute complete agreement
  • Supersede prior agreements
  • Modifications only in writing

13.4. Waiver:

  • No waiver by course of conduct
  • Written waiver required
  • Single waiver not continuing

13.5. Export Control:

  • Users must comply with export laws
  • Service not available in restricted countries
  • Users certify no restricted end-use

14. Governing Law and Jurisdiction

14.1. These Terms are governed by the laws of Germany.

14.2. Any disputes shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany.

15. Contact Information

For questions about these Terms, please contact:

Voypost GmbH Zimmerstraße 78 10117 Berlin Germany Email: info@voypost.com

Data Protection Officer: Email: privacy@voypost.com

16. Acceptance of Terms

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the Data Processing Agreement contained herein.