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Terms of Use

1. Introduction
1.1 Purpose

ALEX & GROSS Technology offers its users (as defined in Clause 1.3) access to an AI-powered lead management platform for modern sales enablement at www.everlead.ai during the subscription period: intelligent lead scoring, automated marketing, and content management. As further detailed below, ALEX & GROSS Technology provides users with numerous tools and functions for creating, publishing, and utilizing websites, newsletters, marketing and content management, and other online applications, tools, and services.

Usage is offered (i) through individual agreements as a managed version, and otherwise (ii) based on independently bookable offerings on the website www.everlead.ai, exclusively in the form of subscription packages with varying scopes of service and durations.

1.2 Applicability

The use of the online platform “EVERLEAD” and the services and tools offered therein is governed exclusively by these Terms of Use, unless explicitly agreed otherwise. (All functions and services, including software offered for use on the online platform everlead.ai, collectively referred to as the “EVERLEAD Services” or simply “Services”).

1.3 Contracting Parties

The contracting parties are ALEX & GROSS Technology GmbH, O3 2-8, 68161 Mannheim (registered with the Mannheim District Court under HR B 742006), and the user, who is not a consumer within the meaning of § 13 of the German Civil Code (BGB).

The use of the services is explicitly offered only to entrepreneurs within the meaning of § 14 BGB. Entrepreneurs are natural or legal persons or partnerships with legal capacity who, at the time of contract conclusion and while using EVERLEAD services, act in the exercise of their commercial or self-employed professional activity.

1.4 User Account

To access and use EVERLEAD services, users must register and create an account with EVERLEAD (“User Account”). The creation of the user account, free use of demo versions and presentations, and the purchase of paid subscription services are conducted directly through the EVERLEAD website.

2. Subject Matter and Formation of the Contract; User’s General Terms and Conditions
2.1 The subject matter of the contract arises from:

(i) these EVERLEAD Terms of Use; and

(ii) the provisions contained in the service description of the respective subscription package and the price lists (each listed at everlead.ai), or, in the case of individual agreements, from the corresponding order placed by the user; and

(iii) the provisions of the privacy policy of the EVERLEAD services, accessible athttps://www.everlead.ai/datenschutz/; and

(iv) the provisions of the separate terms for data processing agreements [https://cdn.marketing-cloud.io/wp-content/everlead_2024/uploads/2025/03/05200530/EVERLEAD_AVV.pdf].

2.2

These Terms of Use apply to all usage offerings of the services provided via the online platformhttp://www.everlead.ai, including the use of the free demo offer.

2.3 User’s General Terms and Conditions

Only these Terms of Use shall apply. The user’s terms and conditions shall not become part of the contract, even if ALEX & GROSS Technology does not explicitly object to them.

2.4

Unless otherwise agreed, the contract is concluded upon receipt of an order confirmation or, at the latest, with the first action of performance, in particular the provision of the service (activation of access to the EVERLEAD services).

2.5

By using the EVERLEAD services, the user confirms prior acknowledgment of the privacy policy [https://www.everlead.ai/datenschutz/] and the data processing agreement [https://cdn.marketing-cloud.io/wp-content/everlead_2024/uploads/2025/03/05200530/EVERLEAD_AVV.pdf].

3. EVERLEAD Services and Services Provided by ALEX & GROSS Technology
3.1

ALEX & GROSS Technology offers the EVERLEAD services—with the exception of the free demo presentation and the free demo version—exclusively under paid subscription contracts (“subscription packages”) with varying scopes of service and minimum terms (monthly / annually). Additionally, ALEX & GROSS Technology offers individual services, particularly administrative services related to the use of EVERLEAD services, based on separate agreements (see Section 3.4 “managed services”).

During the subscription period, ALEX & GROSS Technology grants the user time-limited access to the EVERLEAD services via the internet and provides allocated storage space in accordance with the service package booked in the order form and as described in these Terms of Use. Provision is made as a “Software-as-a-Service.”

ALEX & GROSS Technology may provide some or all elements of the EVERLEAD services via products or services of third-party providers. “Third-party services” are products and services provided by third parties, offered for use to the user within the EVERLEAD services, interacting with them or used in connection with them. Third-party services are not provided by ALEX & GROSS Technology and are therefore not subject to maintenance or product development by ALEX & GROSS Technology. The third-party services used are listed in their current version in the EVERLEAD Third-Party Provider Policy [https://cdn.marketing-cloud.io/wp-content/everlead_2024/uploads/2025/03/14145120/EVERLEAD_Richtlinie_Nutzung_EVERLEAD-Drittanbieterdienste.pdf].

The use of third-party services is governed by the EVERLEAD Third-Party Provider Policy [link above] and the applicable terms and conditions of those third-party services.

The operation and maintenance of the EVERLEAD services is the responsibility of ALEX & GROSS Technology. This does not include updating user-specific content within the Content Management System (CMS).

The point of performance is the router exit of the data center. The user is independently responsible for receiving the service and must provide the necessary hardware and software. The user has no claim to access the source codes of the software provided and used by ALEX & GROSS Technology or to comparable information about the services provided. Operation and configuration of the services, especially integration into the user’s own websites via source code, is the user’s responsibility unless ALEX & GROSS Technology has explicitly agreed otherwise in the order. No physical transfer of the software or services occurs.

3.2

The scope of services to be provided by ALEX & GROSS Technology is determined by the service package booked by the user when concluding the subscription. The period and duration of use of the EVERLEAD services are determined by the subscription term chosen by the user.

3.3 AI Services
3.3.1

As part of its services, EVERLEAD provides access to tools and products with AI functions (artificial intelligence features) as well as machine learning tools and products that assist the user in generating texts, images, and compiling information. This section applies to the use of AI services as part of the EVERLEAD services. The AI services allow users to input information in various forms (e.g., text, images, or other formats) in order to have the AI services generate content and deliver results.

3.3.2

ALEX & GROSS Technology only provides access to the AI technology and services offered by third parties. The use of these AI tools is subject to the terms of use of the respective third-party provider and the EVERLEAD Third-Party Provider Policy [link above]. The user agrees to regularly review and comply with these terms.

3.3.3

Due to the nature of AI technology, it is difficult to fully control and predict outputs. ALEX & GROSS Technology does not conduct editorial or content review or correction of AI outputs. The results generated by AI services and tools may not be accurate (or accurate enough), truthful, lawful, or unbiased. ALEX & GROSS Technology makes no assurances or guarantees regarding the accuracy of AI outputs. It is not responsible for ensuring that AI outputs meet the user’s requirements or expectations and disclaims any responsibility or liability regarding accuracy, completeness, relevance, legal compliance, morality, quality, or impartiality of the output.

3.3.4

The user is solely responsible for all texts, images, and other content submitted to the AI tools and confirms having the necessary rights to submit such content to third-party providers for processing using the offered AI technology. The user is also solely responsible for the content generated by the AI tools based on the submitted input and must ensure they have the rights to use such content. The generated data may not be sufficiently accurate or reliable and must be independently reviewed by the user before being used or distributed. The user is fully responsible for reviewing all AI-generated content prior to its use.

3.3.5

The user acknowledges that third-party AI providers may use user inputs to train their AI features and software tools. The user confirms that any submitted or generated data, including customer data, may be shared with and processed by third-party services according to their respective terms of use, in order to enable the application of AI products, support EVERLEAD services and content, and fulfill other business purposes in line with this agreement.

3.4 Managed Services

As part of an individual assignment, ALEX & GROSS Technology may additionally provide the following paid services:

3.4.1 Setup of the Customer Platform

ALEX & GROSS will set up the EVERLEAD platform in accordance with the service description and the user’s order (based on the existing EVERLEAD services) and notify the user of its completion. The user shall promptly accept the setup and confirm the “GoLive” in written form. From the GoLive date, ALEX & GROSS Technology will provide hosting, ongoing operation, and administration of the platform under the following conditions. Further development of the customer platform (e.g., adding new modules, subdomains, or features; expanding with specific interfaces beyond the software’s standard scope) can be arranged through separate assignments.

3.4.2 Integration and Maintenance of Data and Content

The user provides ALEX & GROSS Technology with data to be integrated into the platform on an ongoing basis or uploads it themselves. This may include the user’s own data or data from external data providers, with whom the user has valid agreements and is authorized to use such data within the scope of EVERLEAD services.

3.5 Availability and Disruptions of the EVERLEAD Platform

The average availability of EVERLEAD services is 98.5% annually. This excludes required scheduled maintenance and disruptions beyond the control of ALEX & GROSS Technology, such as force majeure or failures due to incorrect script integration by users or improper use of the integrated content management system. ALEX & GROSS Technology will notify users of scheduled maintenance in text form, if possible, in advance through the designated contact. However, ALEX & GROSS Technology reserves the right to perform unscheduled maintenance when necessary for data or operational security.

3.6

ALEX & GROSS Technology performs daily data backups of EVERLEAD services and user-stored data, which are retained for at least five days. It does not verify the accuracy or completeness of the backups. ALEX & GROSS Technology may engage subcontractors at its discretion to fulfill service obligations.

3.7

ALEX & GROSS Technology intends to further develop the scope of software usage. It is entitled but not obligated to expand and enhance the functionality of its online services. It may offer enhancements and extensions for an additional fee. If the user books such extensions through a supplemental agreement, these Terms of Use shall apply accordingly. If additional or extended functions are made available free of charge after the contract is concluded, they are considered voluntary services by ALEX & GROSS Technology.

3.8 Changes to the Scope of Functionality

ALEX & GROSS Technology may change the functionality of the online services at any time, provided such changes are reasonable for the user, including replacing them with higher-value services. A change is particularly reasonable if it is necessary for an important reason and the defined service features and core service obligations remain essentially intact. An important reason may be service disruptions caused by subcontractors or required security improvements. If changes go beyond feature extensions or include material elements (e.g., design changes), ALEX & GROSS Technology will notify the user in advance via email.

3.9 ALEX & GROSS Technology may temporarily suspend the user’s access to EVERLEAD services and the user account if:

a) there is evidence that the user’s access credentials have been or will be misused or disclosed to unauthorized third parties;

b) there is evidence that third parties have otherwise gained access to the online platform provided to the user;

c) suspension is required for technical reasons;

d) suspension is required due to legal, judicial, or regulatory obligations;

e) the user is in default with payment of the agreed fees;

f) the user has provided false or invalid contact data or such data has become invalid and communication between ALEX & GROSS Technology and the user is no longer possible;

g) the regular fulfillment of the user’s obligations is not ensured;

h) user content infringes third-party rights, particularly copyrights, trademarks, patents, or other legal provisions, and the user does not remedy the violation despite being notified by ALEX & GROSS Technology;

i) the user violates obligations under Section 4 of these Terms;

j) there is a risk of significant damage or impairment to the services provided by ALEX & GROSS Technology;

k) there is a risk of damage to the reputation and image of ALEX & GROSS Technology due to content provided by the user.

ALEX & GROSS Technology shall notify the user of the suspension at least one business day prior to its effective date in text or written form, unless such notice is unreasonable or inconsistent with the purpose of the suspension. The suspension will be lifted immediately once the reason for it ceases and the user informs ALEX & GROSS Technology accordingly in writing.

4. User Obligations

The user shall, in particular, observe the following obligations:

4.1

In the case of unpaid or returned payments, the user shall reimburse ALEX & GROSS Technology for the costs incurred, to the extent that the user is responsible for the event that caused such costs.

4.2 The user must not misuse the EVERLEAD services. The user specifically agrees to:
  • ensure that no impairments arise for ALEX & GROSS Technology and/or third parties through the use of EVERLEAD services, especially by sending or publishing information;
  • respect the applicable copyright, trademark, patent, name, and labeling rights as well as other intellectual property rights and personal rights of third parties;
  • refrain from sending legally prohibited, unsolicited information, such as advertising without required consent;
  • refrain from unlawful communication via telecommunications (§ 238 German Criminal Code);
  • refrain from transmitting or making available online any content that is unlawful or offensive, or referring to such content. This includes, for example, content that incites hatred (§§ 130, 130a, 131 German Criminal Code), encourages crimes, glorifies or trivializes violence, is sexually offensive, pornographic (§ 184 German Criminal Code), endangers the moral well-being of children or youth, or damages the reputation of ALEX & GROSS Technology.

The user must comply with the Youth Protection Act and the Interstate Treaty on the Protection of Minors in the Media.

4.3

The user is solely responsible for the content they post on websites and, in particular, for the legality of the services they offer. The user may only offer or distribute goods and services requiring third-party authorization if they possess such authorization.

4.4

The user must securely store their login credentials for the online platform and grant access only to authorized employees. The user must ensure that employees treat these credentials confidentially and must notify ALEX & GROSS Technology without delay if unauthorized access is suspected.

4.5

The user must regularly and appropriately back up their data, both on their local systems and on the EVERLEAD platform provided by ALEX & GROSS Technology, insofar as technically possible.

4.6

The user retains ownership of all rights to the content they enter, particularly customer data and customer materials. The user grants ALEX & GROSS Technology a simple, spatially and temporally limited right to use this content for the duration of the contract, to the extent necessary to provide the EVERLEAD services and in compliance with applicable law (e.g., for backup purposes). ALEX & GROSS Technology may retain user content beyond the contract term where legally required or under official order.

The user ensures they have the necessary rights to the content provided.

4.7

The user bears full responsibility for the content they post. ALEX & GROSS Technology does not check such content for completeness, accuracy, legality, quality, or suitability. The user guarantees to comply with all applicable legal provisions, especially competition and data protection laws, and that they are authorized to use the posted content.

The user shall indemnify ALEX & GROSS Technology and its agents from all third-party claims arising from unlawful use of EVERLEAD services by the user or with their consent, particularly related to data protection, copyright, or legal disputes involving third-party platforms (e.g., Facebook, Instagram, “X”).

The user must promptly inform ALEX & GROSS Technology in writing if they become aware of such a violation.

ALEX & GROSS Technology shall inform the user of any third-party claims and provide necessary information and documents for defense upon request. ALEX & GROSS Technology will either delegate the defense to the user or carry it out in coordination. It will not acknowledge or settle claims without prior consultation. These provisions also apply to contractual penalties and official fines where the user is at fault.

5. Rights of Use for EVERLEAD Services / Use by Third Parties
5.1

Upon contract commencement, ALEX & GROSS Technology grants the user a non-exclusive, worldwide, non-transferable, and non-sublicensable right to use the EVERLEAD services in accordance with the contract for the subscription term. No additional rights are granted.

5.2

Rights not expressly granted remain with ALEX & GROSS Technology. This contract does not constitute a software license. All copyrights and intellectual property rights in the software and source code underlying the EVERLEAD services remain with ALEX & GROSS Technology. The user is especially prohibited from using the services beyond the agreed use, allowing third-party access, duplicating, reselling, leasing, or creating derivative works.

5.3

ALEX & GROSS Technology reserves the right to withhold the usage rights granted under this contract until full payment has been received.

5.4

The user is also liable for fees resulting from authorized or unauthorized third-party use of EVERLEAD services if such use is attributable to the user.

6. Fees and Payment Terms
6.1

The user shall pay ALEX & GROSS Technology the fee agreed upon in the respective subscription or within the scope of the order for the use of the EVERLEAD services. Unless otherwise stipulated in the pricing or service description, all fees are payable in advance for the relevant usage period.

6.2

If ALEX & GROSS Technology provides “managed services” on behalf of the user, the remuneration payable shall be based on the provisions of the order and the rates defined therein. Otherwise, the remuneration shall be based on ALEX & GROSS Technology’s general hourly rate, which currently amounts to €180.00 net plus VAT per hour and per employee. Billing is done per half-hour unit commenced.

6.3

Subscription fees remain unchanged during the current term unless the user exceeds the usage limits included in the subscription for (i) the maximum number of company accounts, (ii) contacts, (ii) storage space, (iii) newsletter dispatches, or (iv) other limitations; or if the user (v) subscribes to additional features or products or (vi) upgrades to a higher-value subscription package.

6.4 Price Adjustments upon Subscription Renewal

ALEX & GROSS Technology reserves the right to adjust subscription fees to the then-current list prices listed at [https://www.everlead.ai/preise/] upon renewal of the subscription. The user will be notified in writing at least 10 days prior to the renewal date. The price adjustment takes effect at the start of the next renewal term. If the user disagrees, they may cancel the subscription at the end of the current term in accordance with the notice period under Section 11.3.

6.5

Unless agreed otherwise, all fees are net prices plus applicable VAT.

In the event of a change in the statutory VAT rate, prices will be adjusted accordingly from that date. All payments must be made in euros.

6.6

The user authorizes ALEX & GROSS Technology (directly or via affiliates or payment providers) to collect, charge, or refund any payments incurred during the contract term via the payment method authorized by the user.

The user expressly authorizes ALEX & GROSS Technology to engage third-party payment providers (e.g., credit card companies, Stripe, PayPal) to process payments and consents to the disclosure of payment data to such providers.

The processing of payments by authorized third-party providers is subject to their respective general terms and conditions.

6.7

Unless agreed otherwise, invoicing shall take place at the beginning of each agreed billing period in advance.

ALEX & GROSS Technology issues invoices or credit notes in electronic form based on the billing address provided by the user. Invoices will be made available via the user account and/or by email. The user must provide the necessary billing information.

An invoice shall be deemed delivered once it is available in the user account.

6.8 Offsetting and Retention Rights of the User

The user may only offset claims if their counterclaims are legally established or undisputed. Retention rights may only be asserted for counterclaims arising from this contractual relationship.

6.9 User Default

The user shall be deemed in default, even without a reminder, if payment is not made within ten calendar days of receipt of the invoice. The decisive factor is the receipt of payment by ALEX & GROSS Technology into the bank account specified in the invoice.

If the user defaults on payment, ALEX & GROSS Technology is entitled to suspend the EVERLEAD services at the user’s expense. The user remains obliged to pay the agreed fees. Further claims arising from the delay remain unaffected.

7. Warranty
7.1

ALEX & GROSS Technology shall be liable for defects in the provision of the online platform solely in accordance with the provisions below.

7.2

Defects are considered significant deviations from the agreed service scope.

7.3

If the services provided by ALEX & GROSS Technology under this contract are defective, ALEX & GROSS Technology shall, upon receiving a written notice of defect, remedy the defect or re-perform the service within a reasonable period. For third-party software licensed for use by the user, defect remedy consists of delivering and installing publicly available upgrades, updates, or patches. Providing usage instructions that allow the user to bypass the defect reasonably shall also be deemed remedy.

7.4

If ALEX & GROSS Technology fails to provide defect-free services within the set period for reasons attributable to them, the user may reduce the agreed fee appropriately. The right to reduction is limited to the monthly price corresponding to the defective service component.

7.5

If the reduction reaches the maximum amount as defined in Section 7.4 for two consecutive months or two months within a quarter, the user may terminate the contract without notice. Termination must be in writing.

7.6

In the event of a defect notice, the user shall support ALEX & GROSS Technology free of charge by providing all necessary information and documents required for analyzing and eliminating the defect.

7.7

The warranty period for claims is one year unless based on intent, gross negligence, or damages involving life, body, or health.

8. Liability and Compensation
8.1

For free services, ALEX & GROSS Technology shall be liable in accordance with legal regulations.

8.2

ALEX & GROSS is not liable for third-party services and products used by the user as part of the EVERLEAD services.

8.3

Otherwise, ALEX & GROSS Technology is liable without limitation for intent and gross negligence and for damages resulting from injury to life, body, or health.

8.4

In cases of ordinary negligence, ALEX & GROSS Technology shall only be liable for the breach of essential contractual obligations. An essential obligation is one whose fulfillment is essential to the contract and on which the user may regularly rely.

8.5

In the case defined in Section 8.4, ALEX & GROSS Technology shall not be liable for loss of economic success, lost profits, or indirect damages.

8.6

Liability under Section 8.4 is limited to typical and foreseeable damages at the time of contract conclusion.

8.7

Unless otherwise agreed, the parties deem typical and foreseeable damage to equal the user’s average annual subscription fees under this contract (annualized if shorter).

8.8

In the event of data loss, liability under Section 8.4 is limited to the cost of restoring data that would have been incurred with regular and appropriate backups by the user.

8.9

ALEX & GROSS Technology’s strict liability under § 536a para. 1 alt. 1 BGB for existing defects at the time of contract conclusion is excluded.

8.10

Any liability of ALEX & GROSS Technology for warranties or under the German Product Liability Act remains unaffected. The liability provisions under § 70 TKG also remain unaffected.

8.11

Any further liability of ALEX & GROSS Technology is excluded.

8.12

These limitations of liability also apply to affiliates of ALEX & GROSS Technology within the meaning of §§ 15 ff. AktG as well as to its legal representatives, vicarious agents, and employees.

9. Confidentiality and Non-Disclosure
9.1

The user undertakes to treat confidential information and documents (“confidential information”) of ALEX & GROSS Technology, which are to be regarded as confidential either due to the nature of the information or the circumstances of its disclosure, or which are designated or marked as confidential by ALEX & GROSS Technology, as trade secrets and not to make them accessible to third parties unless contractually permitted. Third parties within the meaning of this agreement also include affiliated companies of the user in which the user does not hold a majority of capital and voting rights. The user’s employees and other third parties engaged by the user (including subcontractors and freelancers) must be bound accordingly. ALEX & GROSS Technology undertakes to maintain confidentiality to the same extent for confidential information received from the user.

9.2

Confidential information also specifically includes information provided by ALEX & GROSS Technology in the context of support requests or collaboration for troubleshooting purposes.

9.3

The parties may disclose confidential information and documents made available to them as the receiving party to third parties to the extent necessary for the performance of this contract or the exercise of contractual rights, or if required by legal or regulatory obligations. If third parties, courts or authorities request disclosure of confidential information, the parties must inform each other in writing or text form without delay. They shall support each other in efforts to prevent disclosure of the confidential information.

9.4

The obligation of confidentiality does not apply to information that was already known to the receiving party prior to disclosure, becomes public knowledge without fault of the receiving party, is developed independently, or is lawfully provided by a third party acting in good faith. Mandatory legal disclosure obligations remain unaffected. If a party invokes one or more of the aforementioned exceptions, it must provide appropriate proof.

9.5

The confidentiality obligation begins upon receipt of the confidential information and remains in effect for the entire term of this contract. Thereafter, the confidentiality obligation continues for a period of three years following termination or expiration of the contract, unless legal provisions mandate a longer period. The user shall ensure to the extent legally possible that these confidentiality obligations also bind its legal successors, assignees, and affiliated companies.

10. Data Protection
10.1

The contracting parties shall comply with the applicable data protection regulations, especially those valid in Germany, and ensure that the employees involved in the performance of this contract are bound to data secrecy in accordance with Art. 5 para. 2 GDPR, unless they are already bound accordingly.

10.2

If the user collects, processes or uses personal data, the user ensures that it is authorized to do so in accordance with applicable data protection laws and shall indemnify the provider in case of any third-party claims resulting from a breach.

10.3 Personal Data for Contract Initiation and Fulfillment

ALEX & GROSS Technology acts as the controller of personal data provided by the user in the course of account registration, subscribing to EVERLEAD services, visiting EVERLEAD-operated websites or other channels (e.g. at in-person events). ALEX & GROSS Technology uses this data in accordance with the privacy policy of the EVERLEAD services [https://www.everlead.ai/datenschutz/].

ALEX & GROSS Technology will collect and use user-related data only to the extent necessary for the performance of this agreement. The user consents to the collection and use of such data to this extent.

10.4 Data and Content Transmission in Connection with the Services

ALEX & GROSS Technology does not acquire any rights beyond those outlined in these terms with respect to user-stored data and content (in particular personal data of third parties) within the scope of using EVERLEAD services. ALEX & GROSS Technology is authorized to use such data upon user instruction and in accordance with this agreement.

If personal data is processed on behalf of the user, ALEX & GROSS Technology shall do so exclusively under Art. 28 para. 3 GDPR based on the data processing agreement [https://cdn.marketing-cloud.io/wp-content/everlead_2024/uploads/2025/03/05200530/EVERLEAD_AVV.pdf].

The user remains solely responsible for compliance with the GDPR when personal data is processed on their behalf.

10.5

The obligations under Sections 10.1 through 10.4 continue to apply as long as application data remains within the sphere of influence of ALEX & GROSS Technology, even beyond the end of the contract.

11. Term and Termination
11.1

The minimum contract term is determined by the subscribed package. The contract begins upon subscription.

11.2

Unless otherwise agreed, the minimum term is one month from the start of the contract.

11.3

Contracts with a minimum term of one month may be terminated by either party with one week’s notice, at the earliest upon expiry of the minimum term.

Contracts with a minimum term of one year may be terminated by either party with thirty (30) days’ notice, at the earliest upon expiry of the minimum term.

If no termination occurs, the contract renews for the respective minimum term.

11.4

The right to terminate for cause remains unaffected for both parties.

Cause for termination exists particularly if the user significantly violates their contractual obligations. Additional claims for damages remain subject to statutory provisions.

11.5

Upon termination of the contract, for whatever reason, ALEX & GROSS Technology shall delete user data within 35 days. This includes processed data, transferred documents, data carriers and copies of personal data. ALEX & GROSS Technology may, but is not obligated to, retain data for 35 days beyond contract termination for security reasons to protect against accidental loss.

The deletion obligation does not apply if ALEX & GROSS Technology is legally required to retain the data under EU or member state law. In such cases, data processing shall be restricted and data used only for the retention purpose. The data will be deleted within 35 days after the retention obligation ends.

12. Amendments to Terms and Services
12.1

These terms may be amended as necessary to reflect developments unforeseeable at the time of conclusion and not initiated or influenced by ALEX & GROSS Technology, provided they would otherwise significantly disrupt the balance of the contract and core contractual provisions remain unaffected. Core provisions include those regarding service type and scope, contract term, and termination. Terms may also be amended to remedy regulatory gaps arising after contract conclusion, e.g. due to changes in law or court rulings.

12.2

The contractual services may be changed if such change is justified by a compelling, unforeseeable reason and does not significantly disadvantage the user. Compelling reasons include new technical developments or regulatory changes that make previous service models obsolete. Section 3.8 regarding service adjustments remains unaffected.

12.3

Changes under Sections 12.1 and 12.2 shall be communicated to the user at least six weeks in advance via email or user account message. If changes are not solely in the user’s favor, they may terminate the contract without notice at the time the changes take effect. This termination right will be explicitly highlighted in the notice.

13. Force Majeure
13.1

Neither party is obligated to perform contractual duties during and due to force majeure. Force majeure includes in particular:

  • fire, explosion, flood, or delivery difficulties not caused by the party;
  • war, riot, blockade, embargo, pandemic;
  • strikes lasting over 6 weeks beyond the party’s control;
  • internet-related technical issues beyond the party’s control (unless the provider is also the telecom provider).
13.2

Each party must notify the other in writing without delay upon occurrence of a force majeure event.

14. Final Provisions and Precedence of Contract Terms, Set-Off
14.1

In case of conflict between the subscription package and these terms, the subscription terms prevail.

14.2

The contract language is German. Translations are for convenience only and legally non-binding.

14.3

German law applies, excluding the CISG (UN Convention on Contracts for the International Sale of Goods).

14.4

ALEX & GROSS Technology may engage subcontractors. It remains liable for their performance as for its own.

14.5

The exclusive place of jurisdiction is Mannheim, Germany, if the customer is a merchant, public legal entity, or has no general place of jurisdiction in Germany. ALEX & GROSS Technology may also sue the customer at their general place of jurisdiction.

As of: May 9, 2025