Terms of Service

§ 1 Scope, provider, businesses only

(1) These General Terms and Conditions (“Terms”) apply to all contracts for the use of the software-as-a-service application ListPlus (listplus.ai, including the Outlook add-in and the Agent API; the “Service”) between airrange software GmbH, Sperberweg 7, 82152 Krailling, Germany, registered in the commercial register of the Munich Local Court under HRB 271683 (“ListPlus”, “we”), and the customer.

(2) The Service is offered exclusively to businesses (Unternehmer) within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. We do not enter into contracts with consumers (Section 13 BGB). By registering, the customer confirms that it is acting in the course of its commercial or independent professional activity. We may request suitable evidence of this.

(3) Deviating, conflicting or supplementary terms of the customer do not become part of the contract, even if we do not expressly object to them.

§ 2 Services

(1) ListPlus provides a web-based application with which customers can import, check, clean, enrich, search, research and export contact and company lists. This includes in particular data quality checks, AI features, person and segment search, enrichment via external data providers, imports from files, LinkedIn and connected systems, the Inbox (forwarding emails and content), the Agent API and exports. The current scope of features and the differences between plans are described at listplus.ai/pricing and in the application.

(2) Enrichment and search features access data from external data providers and publicly available sources (see the Privacy Policy). ListPlus owns no contact database of its own and provides access to this data at the moment of the request.

(3) We continuously develop the Service and may change, add or discontinue features provided that the core of the contractually owed service is not materially impaired and the change is reasonable for the customer. The availability of individual data providers and data sources may change.

(4) ListPlus provides the technical tools for search, enrichment, research and transmission. They are run only at the customer's request and within the scope the customer sets (e.g. search terms, filters, chosen sources, type of enrichment, destination of a pipeline); this also applies to actions the customer triggers via the Agent API or an AI system it connects. The customer decides whether, about which persons and for what purpose data is retrieved and used.

§ 3 Registration and user account

(1) Use requires a user account. Sign-in is by email address and one-time passcode. Each account belongs to one natural person and may not be shared with others; collaboration takes place in workspaces, to which members are invited. The plan and credits of a workspace are those of its owner.

(2) The customer must provide accurate information when registering and paying, and keep it up to date. It protects access to the mailbox used for sign-in and any API credentials against third parties, and informs us without delay if it suspects misuse. The customer is responsible for actions taken through its account to the extent it is responsible for them.

(3) There is no entitlement to conclude a user agreement.

§ 4 Conclusion of contract

(1) A user agreement for the Basic plan is concluded when registration is completed.

(2) A paid plan (Pro, Premium) or a credit pack is ordered via the Stripe payment page. The contract is concluded when payment is completed successfully; the plan or credits are then activated immediately.

(3) The contract language is German. An English translation of these Terms is provided for information only; the German version prevails.

§ 5 Plans and credits

(1) The following plans are available, each with a monthly or a yearly term at the customer's choice. Prices are shown in euros (customers in Europe) and in US dollars (all other customers), see § 6(1):

The integrations and other features included in each plan are described at listplus.ai/pricing. Team or enterprise plans are not offered.

(1a) The record figures apply to the total of all records in all lists of all workspaces owned by the customer. In the Basic plan, records can be imported up to the importable number (25,000) but edited only up to the editable number (5,000). If the total exceeds the editable number of the customer's plan — also after a downgrade or cancellation — all lists of these workspaces become read-only: viewing, filtering, sorting, analyses, export and deleting entire lists remain possible; editing records, adding or deleting rows, statuses and tags, enrichments, AI columns, automations (pipelines, triggers, automatic refresh) and writing access via the Agent API are suspended until the customer upgrades to a plan with a sufficient number of records or deletes lists until the total no longer exceeds the editable number. No data is deleted as a result.

(2) Certain actions (e.g. enrichments, searches, verifications, imports, AI features and research) are paid for with credits. Plans do not include a monthly credit allowance. On registration the customer receives 25 starter credits once, and 250 bonus credits the first time it subscribes to Pro and 1,000 bonus credits the first time it subscribes to Premium, each once. Further credits can be bought in packs as a one-time purchase at the prices in the current price list. The price of a credit pack depends on the plan at the time of purchase: with Pro or Premium currently 150 credits for €5 / US$6, 500 for €15 / US$18, 1,000 for €30 / US$35 and 3,500 for €100 / US$115; in the Basic plan currently 150 credits for €7.50 / US$9, 500 for €25 / US$30, 1,000 for €50 / US$60 and 3,500 for €165 / US$199. Credits already bought keep their full value regardless of a later plan change. Buying a credit pack does not create a subscription.

(3) The credits consumed per action are set out in the price list in the application and in the help centre; where possible they are shown before the action runs. Lookups of email addresses and phone numbers are charged only if the data provider returns a result. Searches, scraper runs, AI research and imports are charged per run or per started import regardless of the result: the base fee of a scraper import is due when the run starts and is not refunded if the external source delivers no or fewer results than requested; a run that ends early delivers and charges the records it has produced up to that point. If the balance runs short during a run, the run stops and the remaining balance is charged for the work already done. AI features are billed by actual usage; the amount is shown after execution. Credits are refunded only for errors on our side (§ 8).

(4) Credits do not expire. They are non-transferable, cannot be paid out in cash and can only be used within the Service. Credits are kept when a plan is cancelled or changed. [TO CHECK: proposed rule — (a) If we discontinue the Service, we announce it in text form at least three months in advance; until then the balance can be used. May a remaining paid balance then lapse without refund (business customers only, Section 307 BGB), or must it be refunded at the purchase price? (b) Credits given for free (starter credits, goodwill credits) lapse in any case without compensation and are used before purchased ones. (c) If the customer deletes their account, the balance lapses (the deletion screen says so). (d) If we terminate the Basic plan with notice (Section 7 (2)), (a) applies accordingly.]

(5) We may change the credits charged for individual actions with effect for the future, in particular if data provider prices change. Actions already completed are not affected.

§ 6 Prices and payment

(1) All prices are net prices plus statutory VAT where applicable; this also applies to the prices on listplus.ai/pricing and in the application. Customers in Europe are billed in euros (EUR), all other customers in US dollars (USD); the assignment is based on the customer's location at the first purchase. The currency of the customer's first purchase applies to all further purchases via the customer account. VAT is calculated and shown by Stripe during checkout based on the customer's location and, where provided, VAT ID; businesses can enter their VAT ID there.

(2) Payment is made via the payment service provider Stripe using the payment methods offered there. Plan fees are billed and due in advance for the chosen term — monthly for a monthly term, yearly for a yearly term at the reduced yearly price; credit packs are due on order. Invoices are provided electronically.

(3) If a payment fails, we may downgrade the paid plan to Basic after an unsuccessful payment reminder.

(4) We will notify price changes for ongoing plans in text form at least six weeks before they take effect. In that case the customer may cancel with effect from the end of the current billing period before the change takes effect; we will point this out in the notice.

§ 7 Term and cancellation

(1) Paid plans run for the term chosen by the customer (one month or one year) and renew automatically for the same term unless cancelled beforehand. The customer can cancel at any time with effect from the end of the current paid term, in particular in the application under “Settings” → “Plan & billing” (“Cancel subscription”). The plan remains usable until then; afterwards the account is switched automatically to the Basic plan. No data is deleted in the process; if the records exceed the editable number of the Basic plan, § 5(1a) applies.

(2) The user agreement for the Basic plan runs for an indefinite period. The customer can terminate it at any time by requesting deletion of its account by email to support@listplus.ai. We may terminate it by giving [PLACEHOLDER: e.g. four weeks'] notice in text form.

(3) The right to terminate for good cause remains unaffected. Good cause for us exists in particular if the customer materially breaches § 9, provides false information about its business status or is in default of payment. In the event of such a breach we may also temporarily suspend the account where necessary to prevent damage.

(4) Before the contract ends, the customer can export its lists at any time. After the account is deleted, customer data is deleted unless statutory retention obligations apply.

(5) The customer can change its paid plan at any time (upgrade, downgrade or change of the billing interval between monthly and yearly). The change takes effect immediately. The price difference for the remainder of the current term is calculated pro rata: the unused portion of the previous plan is credited against the price of the new plan, and any remaining amount is invoiced immediately. A new term begins with a change of the billing interval. A downgrade to the Basic plan is made by cancellation under paragraph 1. Any credit resulting from the change is offset against future invoices; it is not paid out.

§ 8 Refunds

(1) Plan fees and purchase prices for credit packs that have been paid are not refunded unless these Terms or mandatory law provide otherwise. A cancellation takes effect at the end of the billing period already paid; there is no pro-rata refund. The pro-rata crediting on a plan change under § 7(5) remains unaffected.

(2) Credits consumed are credited back automatically where the application provides for this (currently: discarded recognition runs in the Inbox and failed email verifications in externally run research) and if an action could not be carried out because of an error on our side. Otherwise, credits for actions carried out are not refunded, even if the result does not meet the customer's expectations or an external source delivers no or fewer results than requested (§ 5(3)).

(3) The customer's statutory rights, in particular in the event of defects, remain unaffected. Requests should be sent to support@listplus.ai.

§ 9 Customer obligations and acceptable use

(1) The customer uses the Service only in accordance with applicable law. It is itself responsible for the data processed via the Service and for its use, and is the controller within the meaning of the GDPR towards the data subjects. In particular, the customer ensures that

• there is a legal basis for any processing, storage and use of personal data, in particular for contacting people;
• it informs data subjects under Art. 14 GDPR whose data it obtains via the Service, and honours objections and requests for access and erasure;
• advertising by email, phone or other channels only takes place within the legal requirements, in particular Section 7 of the German Act Against Unfair Competition (UWG);
• it is entitled to lawfully process data it uploads to the Service or forwards to the Inbox.

(2) The customer is in particular prohibited from

• using the Service for unsolicited bulk email (spam), harassment, fraud, identity misuse or other unlawful purposes;
• reselling or passing on data obtained via the Service to third parties as its own database or data product, or using it to build a competing service;
• reading out the Service, its interfaces or the data providers' data by automated means (scraping, crawling), except via the Agent API provided for this purpose and within its limits;
• circumventing technical protections, usage limits, record limits or credit billing, creating multiple accounts to obtain starter credits, or decompiling or reverse engineering the software except where permitted by law;
• transmitting malware or impairing the operation of the Service;
• processing special categories of personal data (Art. 9 GDPR) or data relating to criminal convictions in the Service;
• processing data that infringes third-party rights.

(3) The customer complies with the terms of use of the third-party systems it connects. LinkedIn imports run through a data-collection service used by ListPlus and never through the customer's LinkedIn account; the customer uses the data obtained in this way on its own responsibility.

§ 10 Third-party data and AI results

(1) Data from external data providers and public sources is retrieved at the moment of the request. We do not check this data for content and give no warranty as to its accuracy, completeness, timeliness, deliverability or fitness for a particular purpose. Enrichment results may be outdated or wrong, for example matched to the wrong person or company.

(2) Results of AI features are generated automatically and may be incorrect, incomplete or misleading. The customer checks results before using them, in particular before contacting people or transferring data to other systems.

(3) There is no entitlement to a particular match rate.

§ 11 Availability

(1) We strive for the Service to be available with as few interruptions as possible but do not owe any particular availability unless expressly agreed. Where possible, we carry out maintenance at times of low usage.

(2) The availability of features based on third-party services (e.g. hosting, data providers, AI models, payment service providers, connected systems) depends on those third parties. We are not liable for outages for which we are not responsible.

(3) The customer is responsible for regularly exporting the data it needs. We offer no feature to restore deleted data.

§ 12 Data protection and processing on behalf

(1) Where we process personal data on behalf of the customer, including data the customer retrieves with the search and enrichment features, we act as processor under Art. 28 GDPR. The data processing agreement at listplus.ai/dpa (DPA) applies and becomes part of the contract when the user agreement is concluded. A signed copy is available on request at support@listplus.ai.

(2) Our Privacy Policy applies to the processing of account, contract and usage data for which we are the controller.

(3) Parts of the application can be tried without a user account (guest access). This does not create a user agreement; there is no entitlement to guest access, and we may restrict or discontinue it at any time. We are the controller within the meaning of the GDPR for searches in guest access; our Privacy Policy applies.

§ 13 Rights in software and data

(1) All rights in the ListPlus software, content and trademarks remain with us. For the term of the contract the customer receives a simple, non-transferable and non-sublicensable right to use the Service for its own business purposes in accordance with these Terms.

(2) Data contributed by the customer remains the customer's data. The customer grants us the rights required to provide the Service. The customer may use third-party data retrieved via the Service for its own business purposes within these Terms and the legal requirements.

(3) Company data retrieved via a domain may be stored in a company cache shared across customers and reused for other customers. Personal enrichment results are not shared between customers.

§ 14 Liability

(1) We are liable without limitation for intent and gross negligence, for culpable injury to life, body or health, where we have given a guarantee, for fraudulent concealment of a defect and under the German Product Liability Act.

(2) In the event of a slightly negligent breach of an essential contractual obligation, our liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded. Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely.

(3) Otherwise, liability for slight negligence is excluded. Liability under paragraph 2 is further limited, per incident and in total per contract year, to the fees the customer paid us in the twelve months before the event causing the damage, but to no less than [PLACEHOLDER: e.g. EUR 1,000]. [TO CHECK: validity of the cap under Section 307 BGB, in particular whether it covers the damage typical for the contract and foreseeable, and the minimum amount for the free plan.]

(4) Strict liability for defects already existing at the time the contract is concluded (Section 536a(1) alt. 1 BGB) is excluded.

(5) We are only liable for loss of data to the extent that would have arisen had the customer backed up its data properly and regularly (export), unless paragraph 1 applies.

(6) The above limitations also apply in favour of our legal representatives, employees and vicarious agents.

§ 15 Indemnification

The customer indemnifies us against third-party claims, including fines and reasonable costs of legal defence, arising from the customer culpably using the Service or the data obtained through it unlawfully or in breach of these Terms. We will inform the customer of such claims without delay.

§ 16 Changes to these Terms

(1) We may change these Terms with effect for the future if there is a valid reason, in particular changes in legislation or case law, new features or changed data provider services, and the change does not unreasonably disadvantage the customer. Essential contract terms (type and scope of the main services, term, termination) are not changed in this way.

(2) We will notify changes in text form at least six weeks before they take effect. If the customer does not object within this period, the changes are deemed accepted. We will point out the right to object and the consequences of silence in the notice. If the customer objects, either party may terminate the contract with effect from the date the changes take effect.

§ 17 Final provisions

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

(2) To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of airrange software GmbH. We are also entitled to sue at the customer's general place of jurisdiction.

(3) Declarations under these Terms may be made in text form (e.g. by email).

(4) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provision.