Terms of Use - Updated: 20.02.2025

Terms of Use

These Terms of Use (“Terms”) govern the legal relationship between Stepsailor UG (haftungsbeschränkt), with its registered office at Karslbaderstraße 13, 86899 Landsberg am Lech (“Stepsailor”, “we”, “us”) and you, the customer and/or user (“Customer”, “you”), regarding your use of our platform and related services (“Services”). By accessing or using our Services, you agree to be bound by these Terms.

1. Subject Matter

These Terms define your rights and obligations in connection with your use of our software, which provides messaging, customer communication, and related support services. Any additional, differing, or conflicting terms proposed by you are hereby excluded unless expressly agreed to in writing by Stepsailor UG.

2. Services

Stepsailor provides a technical platform to support customer communications, including live chat, messaging, and customer engagement tools. The scope of features available is defined on our website and in any accompanying documentation or written offers. We reserve the right to add, modify, or discontinue features at any time, subject to considerations of our Customers’ legitimate interests.

In the case of a free trial or demo account, Stepsailor reserves the right to suspend or terminate access if it deems that these Terms have been violated.

3. Account Creation

To access and use the Services, you must register for an account by providing your name, valid email address, and a password (“Access Data”). You are responsible for maintaining the confidentiality of your Access Data and for any activities that occur under your account. Notify us immediately if you suspect unauthorized access to your account.

4. Contract Formation

By completing the registration process, you are making a legally binding offer to enter into a contract with Stepsailor for the use of our Services. The contract is formed upon activation of your account or through written confirmation from us. Stepsailor reserves the right to reject any registration or terminate any account at its sole discretion.

5. Use of the Services and Customer Responsibilities

You are solely responsible for the content and data you upload or transmit via the Services. You agree that all such content complies with applicable law and does not infringe on any third-party rights. In particular, you agree not to:

  • Transmit content that is unlawful, defamatory, obscene, or harmful to minors.
  • Transmit content that incites violence, promotes criminal activities, or constitutes harassment.
  • Upload confidential or proprietary information without proper authorization.

Stepsailor is not obligated to pre-screen or monitor the content transmitted via the platform, but we reserve the right to remove any content that violates these Terms or applicable law. In cases of severe or repeated violations, your account may be suspended or terminated.

6. License

During the term of your contract, Stepsailor grants you a non-exclusive, non-transferable, and revocable license to use the Services solely in accordance with these Terms. Conversely, by uploading or otherwise providing content through the Services, you grant Stepsailor a simple, non-transferable, and non-sublicensable license to store, process, and display such content solely for the purpose of delivering the Services. You warrant that you have the necessary rights to grant these licenses.

7. Availability

We strive to maintain an annual average availability of 99% for the Services. Scheduled maintenance and events beyond our control (such as Internet disruptions or cyber attacks) may result in temporary unavailability. We will endeavor to notify you of planned maintenance that may affect the availability of the Services.

8. Term and Termination

8.1 Term

The initial term of the contract commences upon account activation. For fee-based subscriptions, the term will automatically renew on a monthly or annual basis, as selected at the time of registration, unless terminated in accordance with these Terms.

8.2 Termination

  • Free or Trial Accounts: Either party may terminate the contract at any time with immediate effect.
  • Fee-based Accounts: Termination must be communicated in writing at least one month prior to the next billing cycle for monthly subscriptions, or at least three months prior to the end of the subscription period for annual plans.
  • For Cause: Either party may terminate the contract immediately in the event of a material breach of these Terms or for any other significant reason that renders continued performance unreasonable.

Upon termination, your access to the Services will be suspended, and any outstanding fees shall remain payable.

9. Payment and Billing

For fee-based versions of our Services, you will be billed in advance on a monthly or annual basis, as applicable. Payment is due within 10 days of the invoice date. Prices exclude applicable taxes unless stated otherwise. In the event of late payment, we reserve the right to suspend your account until payment is received.

10. Liability

Stepsailor’s liability is limited as follows:

  • Willful Misconduct or Gross Negligence: Stepsailor shall be liable in full.
  • Ordinary Negligence: Liability is limited to foreseeable damages typical of the transaction, up to the total fees paid during the previous 12 months.
  • Data Loss: You are responsible for maintaining your own backups. Stepsailor is not liable for any data loss unless otherwise agreed in writing.

These limitations apply to all claims, including claims by employees, agents, and representatives of Stepsailor.

11. Data Protection

We take the protection of personal data seriously. Our collection, processing, and use of personal data are governed by applicable data protection laws, including the GDPR and the German Federal Data Protection Act (BDSG). For more details, please refer to our Privacy Policy.

12. References

By using our Services, you agree that Stepsailor may use your company’s name, trademarks, and logos for reference purposes in our marketing materials unless you expressly object in writing.

13. Confidentiality

All contractual details, including pricing, are confidential. You agree not to disclose any confidential information relating to your contract with Stepsailor, except as required by law.

14. Final Provisions

  • Amendments: Any changes or supplements to these Terms must be made in writing and signed by both parties.
  • Governing Law and Jurisdiction: These Terms are governed by the laws of the Federal Republic of Germany. The place of performance is Landsberg am Lech, and the courts in this jurisdiction shall have exclusive jurisdiction.
  • Severability: Should any provision of these Terms be found invalid or unenforceable, the remaining provisions will remain in effect.

For online dispute resolution, you may refer to the EU Commission’s platform available here.