Terms of Service

Acceptance of Terms

Welcome to dataforge. These Terms of Service ("Terms") govern your use of the dataforge CRM software platform and related services (collectively, the "Services") provided by dataforge GmbH, a company registered in Germany with registration number HRB103915 ("dataforge", "we", "us", or "our").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services. These Terms apply to all users of our Services, including customers, visitors, and other users who access or use the Services.

We may modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and, where appropriate, through other communication channels. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

Description of Services

dataforge provides cloud-based customer relationship management (CRM) software and related services designed to help businesses manage customer relationships, streamline sales processes, and improve operational efficiency. Our Services include:

• CRM platform access and functionality
• Data storage and management services
• Integration capabilities with third-party applications
• Customer support and technical assistance
• Training and onboarding services
• Analytics and reporting features

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We may also impose limits on certain features or restrict access to parts or all of the Services without notice or liability.

User Accounts and Registration

To access certain features of our Services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must notify us immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.

You represent and warrant that you have the legal capacity to enter into these Terms and that all information you provide is accurate and truthful. If you are using the Services on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

User Obligations and Acceptable Use

You agree to use our Services in compliance with all applicable laws and regulations and in accordance with these Terms. You are solely responsible for your conduct and any content you submit, upload, or transmit through the Services.

Prohibited Activities

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to gain unauthorised access to our systems or networks
• Upload or transmit viruses, malware, or other malicious code
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Use the Services to store or transmit infringing, defamatory, or unlawful content
• Violate the privacy or rights of any third party
• Use automated means to access the Services except through approved APIs

Payment Terms and Subscriptions

Our Services are provided on a subscription basis with various pricing plans. By subscribing to our Services, you agree to pay all applicable fees as described on our website or in your service agreement. All fees are non-refundable unless otherwise specified.

Subscription fees are billed in advance on a monthly or annual basis, depending on your chosen plan. You authorise us to charge your designated payment method for all applicable fees. If payment cannot be processed, we may suspend or terminate your access to the Services.

We may change our pricing at any time. For existing subscribers, price changes will take effect at the start of the next billing cycle after we provide at least 30 days' notice.

Data and Privacy

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

You retain ownership of any data you upload to or store through our Services ("Customer Data"). You grant us a limited licence to process Customer Data solely to provide the Services to you. You are responsible for ensuring that your use of the Services and any Customer Data complies with applicable data protection laws.

We implement appropriate technical and organisational measures to protect your data, but you acknowledge that no system is completely secure. You are responsible for maintaining appropriate backups of your data.

Intellectual Property

The Services, including all software, content, trademarks, and other intellectual property, are owned by dataforge or our licensors and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable licence to use the Services in accordance with these Terms.

You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Any feedback, suggestions, or improvements you provide regarding our Services may be used by us without any obligation to compensate you. You represent and warrant that you have all necessary rights to provide such feedback.

Third-Party Integrations

Our Services may integrate with or provide access to third-party applications, services, or content. These third-party services are governed by their own terms of service and privacy policies. We are not responsible for the availability, functionality, or content of third-party services.

You acknowledge that integrations with third-party services may require you to agree to additional terms or provide permissions for data sharing. Your use of third-party services through our platform is at your own risk.

Service Availability and Support

We strive to provide reliable and accessible Services, but we cannot guarantee that the Services will be available at all times. The Services may be subject to planned or unplanned downtime for maintenance, updates, or due to factors beyond our control.

We provide customer support through various channels as described on our website. Support availability and response times may vary depending on your subscription plan and the nature of your inquiry.

Limitation of Liability

To the maximum extent permitted by applicable law, dataforge shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of or inability to use the Services.

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount you have paid to dataforge in the twelve (12) months preceding the claim, or one hundred euros (€100), whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless dataforge and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the Services, your violation of these Terms, or your violation of any rights of another party.

Termination

Either party may terminate these Terms at any time. You may terminate your account by cancelling your subscription through your account settings or by contacting our support team. We may terminate or suspend your access to the Services immediately, without prior notice, for any reason, including breach of these Terms.

Upon termination, your right to use the Services will cease immediately. We may delete your account and Customer Data, though we may retain certain information as required by law or for legitimate business purposes. You remain liable for all charges incurred through the date of termination.

The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, limitation of liability, indemnification, and governing law provisions.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in Berlin, Germany.

If you are a consumer resident in the European Union, you may also bring proceedings in the courts of your country of residence, and nothing in these Terms affects your rights as a consumer under applicable law.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and dataforge regarding the Services and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice or consent.

Contact Information

If you have any questions about these Terms of Service, please contact us: