Terms & Conditions

1. Scope of Application

1.1. These general terms of use and business conditions ("Terms and Conditions" or "T&C") apply to all Software as a Service ("SaaS" or "Software") services within the framework of the contractual relationship ("Contract") between Perspective Software GmbH ("Company", "Perspective", "we") with the current address and commercial registry information as stated in the imprint on the website www.perspective.co/impressum, and the individual entrepreneur or company as customer ("Customer," "you") with all contents, functions, services and rules. The Customer's general terms and conditions become part of the Contract only if explicitly approved in writing by Perspective.

1.2. Customers can only be entrepreneurs within the meaning of § 14 BGB (German Civil Code). The T&C do not apply to consumers within the meaning of § 13 BGB.

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2. Subject Matter of the Contract

2.1. The subject matter of the Contract is the use of the Software within a subscription. Perspective provides a web-based software for creating so-called "Mobile Funnels" (mobile-optimized, interactive websites) with specific goals. If you use them to generate data from visitors to the Mobile Funnels you create, these visitors are referred to as "End Users" under these T&C. Details regarding the features of the Software are available on the website www.perspective.co/pricing. The T&C fully apply to the information provided there as part of the Contract.

2.2. We offer our Software in various plans with different sets of features. Additionally, there are so-called add-ons available that allow you to use specific features and increased quotas in addition to your plan. Furthermore, we offer packages that might only be available to certain Customer groups (e.g., new Customers), could have a limited time frame, and might combine the Software with other digital content. Specific information regarding the plans and add-ons can be found at www.perspective.co/pricing.

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3. Scope of Services

3.1. You are entitled only to the Software and services agreed upon at the time of Contract conclusion, as specified on the websites referred to in Sections 2.1 and 2.2, or as provided during the purchase process on the website.

3.2. We reserve the right to adjust the type, scope, and any functions of the Software in accordance with Section 14.

3.3. We always strive for unrestricted usability and availability of our Software but cannot provide an unlimited guarantee to ensure this. We are obliged to ensure a usability and availability of the Software on an annual average of 98% ("Service Level").

3.4. The provision of the Software is also contractually compliant if the Service Level is reduced by a maximum of 6% on an annual average due to:

3.4.1. Repairs, updates, or maintenance work on the website and within the Software provided by Perspective, or

3.4.2. Circumstances beyond the responsibility of Perspective, in particular any actions by third parties not acting on behalf of Perspective and the availability of technical internet functions that Perspective cannot influence.

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4. Conclusion of Contract & Free Trial Period

4.1. A Contract between us and you is concluded as soon as you, or your authorized representative, create a user account ("Account") on the platform, select a plan from Perspective, and accept the T&C.

4.2. If you register for the first time, create a new Account, and choose one of the available plans (see www.perspective.co/pricing), a free 14-day trial period (14 x 24h) begins from the moment the Account is successfully created (as per Section 4.1). At the end of the trial period, the chosen subscription will be activated and become subject to payment, unless a termination according to Section 10 has been submitted in advance. During the trial period, you can use all functions and quotas available in the chosen plan without limitations.

4.3. There is no right of withdrawal, and cancellation of a concluded subscription is not possible.

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5. Data Protection

5.1. We commit to protecting Customer data at all times through appropriate measures that correspond to the current state of technology.

5.2. Details regarding the handling of personal data, data protection, and data security are extensively described in the Privacy Policy. Data transmission is carried out via a secure and encrypted internet connection.

5.3. For the processing of personal data that you process (especially of End Users) through the use of the Software, the provisions of the Data Processing Agreement ("DPA"), which we provide to you online, apply.

5.4. In the event of changes in technical or legal conditions, we reserve the right to modify the practices described in the T&C and Privacy Policy. We will inform you of any changes in a timely manner.

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6. Your Responsibility

6.1. Accounts created with Perspective are personal and may not be transferred. The information you provide during the registration process must be true, complete, and up to date. By the time of concluding this Contract, but no later than the end of the trial period, please provide us with your company data, i.e., the company name and your VAT identification number (USt-ID), in your Account settings within the Software. You can update and adjust these and any other requested Customer data in your Account settings at any time or by contacting us via chat or email.

6.2. You are responsible for maintaining the confidentiality and security of your access credentials for your Account. This means that you may not disclose your access credentials to others. You are responsible for ensuring that third parties cannot gain knowledge of your access credentials and must take necessary measures to ensure confidentiality, including using a secure password consisting of numbers, letters, and special characters, and changing the password at regular intervals.

6.3. As part of your due diligence, you must ensure accessibility via the email address provided to us from the time of registration. You must immediately notify us in text form (e.g., via email or within the Software) of any misuse of the Account, any suspicion thereof, or any loss of access credentials.

6.4. You are obliged to respond promptly to inquiries from Perspective.

6.5. The availability of the Software depends on internet access. It is your responsibility to ensure that the necessary system requirements are met to use the Software. If you use third-party tools (especially ad-blockers, scraping software, or other add-ons), you are responsible for ensuring that they do not interfere with the Software. We do not guarantee compatibility and are not liable for damages arising from the use of such tools.

6.6. You expressly agree that your use of the Software complies with all applicable laws and regulations. In particular, you undertake to comply with the following usage restrictions by Perspective:

6.6.1. The Software must not be used in connection with user-generated content that in any way involves the following actions: false or misleading business opportunities, fraud or pyramid schemes; health-related claims that have been deemed false or misleading by a regulatory authority; illegal activities; sale of drugs or medications; sale of illegal products or services; pornography or sexually explicit content; content that promotes or depicts human trafficking, child abuse, animal abuse, or downplays the misuse of alcohol, drugs, or other substances; graphic gratuitous violence or injuries that promote or depict violence, beatings, injuries, attacks, or humiliation; and/or content that is unnecessarily shocking to the senses, grossly outrageous, or represents or promotes accidents, death, hate speech attacking or demeaning a group based on race, ethnicity, religion, disability, gender, age, and the like. Any use of the Software in connection with predatory behavior, including privacy violations directed at other individuals, especially children, is not allowed and will not be tolerated;

6.6.2. Accessing non-public areas of the Software or website, our computer systems, or the technical delivery systems of our providers, manipulating them, or using them in any other way than contractually defined is strictly prohibited;

6.6.3. Activities such as vulnerability scanning, load testing, penetration testing, or circumventing our security measures in any way are strictly prohibited on our platform without our prior written approval.

6.7. You are responsible for the contractual relationship and data protection regarding all data collected, processed, and analyzed with the respective End Users through the Mobile Funnels. We take no responsibility and have no contractual relationship with these End Users. Furthermore, you are obliged to comply with the legal provisions for operating a website since the Mobile Funnels created by you and their contents constitute websites within the legal provisions, and you bear sole responsibility for these Mobile Funnels.

6.8. You explicitly confirm that you possess the necessary rights to any uploaded or otherwise provided data through the Software, or have explicit permission from the rights holder to use this data for publication via the Software. This includes, but is not limited to, any uploaded or integrated images, audio and video files, fonts, graphic elements, texts, logos, and other copyrighted data.

6.9. In order for us to make the Mobile Funnels accessible online on your behalf, you grant us a license to the rights of any data you upload or integrate for the purpose of reproduction and use for the term of the Contract. As per Section 6.8, you ensure that you have the necessary rights to grant us the mentioned license.

6.10. We provide you with templates for Mobile Funnels (so-called "Templates") within the Software. These Templates may contain licensed content and data. The rights to these content and data are limited to their presentation in the Templates and are solely intended as placeholders. Beyond providing the Templates as placeholders, we do not transfer any rights to use the content and data provided in the Templates. This includes, but is not limited to, trademarks, photos, and other media. In addition to Templates, we may provide you with "Digital Content" (e.g. e-books, strategy presentations, video material, digital work materials) within the Software, via email, and/or for download. The rights to any provided Digital Content belong to us, and apart from a right of use, no further rights are transferred to you. Commercial use or any other use of the Templates, their content, and any Digital Content is possible only with an explicit individual agreement and upon payment of a licensing fee. The amount of the licensing fee is, unless otherwise agreed, €1,000 per use.

6.11. You agree to provide us with reasonable assistance in performing the contractual services, e.g. by informing us about system errors ("bugs") that you have detected.

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7. Fees and Payment Processing

7.1. The obligation to pay fees begins when you make a purchase under these T&C or at the end of the free trial period as specified in Section 4.2, provided that no termination according to Section 10 has been made.

7.2. The fees for the plan you have chosen are determined and listed at www.perspective.co/pricing or in the respective package checkout (prices are always net). The fees for the commercial use of Templates are governed by Section 6.10. We are entitled to collect the applicable fees via the payment information (credit card or PayPal account) that you are required to provide during the registration process. You are responsible for ensuring sufficient funds in the payment method. Applicable fees will be collected in advance at the beginning of each billing period.

7.3. You confirm that you agree to receive invoices in electronic form via email. You are responsible for properly storing the invoices.

7.4. Invoices include not only fees for using our Software but also legally applicable value-added tax and any other taxes, where applicable. If you are located in another EU country, no value-added tax will be levied, as you are obliged, according to the reverse charge procedure, to pay the value-added tax in your own country (but only if you have provided a valid VAT ID). If you are located outside the EU, other intergovernmental regulations may apply.

7.5. Paid fees are generally non-refundable.

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8. Indemnification

You shall indemnify us against any claims, including any claims for damages, made by other Customers, End Users, or any other third parties, including authorities, against us for the violation of rights resulting from your use of the Software. You shall be liable for any costs, including the costs of legal defense, that arise for us due to your violation of third-party rights. All our further rights and claims for damages remain unaffected. The aforementioned obligations apply only to the extent that you are responsible for the respective infringement of rights.

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9. Restriction, Control, Blocking, Deletion of Accounts and Content

9.1. We may restrict your access to the Software in whole or in part if you fail to pay due fees even after multiple reminders (at least two (2) reminders within a period of five (5) days).

9.2. We are not obliged to review content generated or uploaded by you. However, if we become aware of potentially non-contractual content (especially according to Sections 6.6 to 6.8) on your Account, we may access your Account, review the content, and take the following measures.

9.3. If there is suspicion of a criminal offense due to your use or content published by you, we may forward your customer data, securing the potentially punishable content, to the relevant authorities.

9.4. We may take appropriate measures to prevent damage and ensure the availability of the Software. This includes, in particular, situations where you violate your contractual obligations, especially with regard to Sections 6.6, 6.7, and 6.8. Such measures may include partial or complete, temporary and permanent restrictions on access to the Software, particularly regarding the ability to publish Mobile Funnels and generate data.

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10. Duration and Termination of the Contract

10.1. Unless otherwise specified in the respective service description, the Contract is concluded for an indefinite period. Subscribed plans will automatically renew for another term unless timely terminated.

10.2. Generally, you can only switch plans at the end of the Contract term. However, you can switch to a plan with higher quotas at any time without extending the Contract term.

10.3. You can terminate the Contract with a notice period of one (1) business day to the end of the term through the Account settings within the Software or by email (email address available at www.perspective.co/imprint).

10.4. We may terminate the Contract with a notice period of four (4) weeks, at least in text form (e.g., by email), without stating reasons.

10.5. The right to terminate for good cause remains unaffected. Termination for good cause may occur, in particular, if you:

10.5.1. are in arrears with the payment of at least one (1) full monthly fee for longer than six (6) days, even after multiple reminders,

10.5.2. are in arrears with significant parts of the fee, despite multiple warnings,

10.5.3. fail to provide us with information required for regulatory reasons despite being requested to do so within a reasonable period of time,

10.5.4. use the Software for unfair or harmful business practices (especially according to Sections 6.6 et seqq.),

10.5.5. commit offenses against us or our employees (e.g., our support staff),

10.5.6. impair the Software, especially by using unauthorized software solutions, malware, or by attacking Perspective's infrastructure,

10.5.7. otherwise violate material contractual obligations or repeatedly violate non-material contractual obligations, or

10.5.8. endanger the claims and interests of Perspective by significantly deteriorating or significantly jeopardizing your financial situation.

10.6. The termination takes effect, except in the case of Section 10.5 or comparable extraordinary termination reasons, at the end of the contractually agreed term.

10.7. We permanently delete the Account after a period of twelve (12) months. Data collected from End Users and Mobile Funnels that have been created will be irreversibly and automatically deleted six (6) months after the termination takes effect unless you reactivate your Account prior to that.

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11. Liability for Defects

11.1. In relation to the provision of Software (Software as a Service) by us, the following applies:

11.1.1. The statutory provisions on warranty generally apply unless the T&C differ.

11.1.2. Liability for restrictions on use and availability resulting from force majeure and lawful company internal labor disputes is excluded. The Customer's right to terminate according to Section 10.2 remains unaffected.

11.1.3. Your right to set-off, reduction (reduction of the fee according to § 536 BGB, Bürgerliches Gesetzbuch, German Civil Code), and retention is excluded unless you assert these rights with legally established or undisputed claims.

11.1.4. The application of § 536a (2) BGB (tenant's right to rectify defects) is excluded.

11.1.5. The application of § 536a (1) BGB (landlord's liability for damages) is also excluded to the extent that the provision provides for liability without fault.

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12. Limitation of Liability

12.1. Without contractual limitations, we are liable only for damages of the Customer:

12.1.1. resulting from intentional or grossly negligent breach of duty by us or by a legal representative or vicarious agent of Perspective,

12.1.2. arising from the violation of life, body, or health caused by negligent breach of duty by us or intentional or negligent breach of duty by a legal representative or vicarious agent of Perspective, and

12.1.3. within the framework of guarantees granted by Perspective or due to fraudulent deception by Perspective.

12.2. For damages resulting from slight negligence in the breach of essential obligations, Perspective's liability is limited in amount to a maximum of the fees paid by you in the last twelve (12) months. Essential obligations are obligations whose violation endangers the achievement of the purpose of the Contract or whose fulfillment makes the proper execution of the Contract possible in the first place, and on whose compliance you regularly rely.

12.3. Further liability of Perspective is excluded.

12.4. To the extent our liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents of Perspective, as well as to tortious claims.

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13. No Liability for Third-Party Providers

13.1. To the extent that you use external services offered through us that have access to the created Mobile Funnels, their hosting, or the data collected through the Mobile Funnels ("Integrations"), these operate based on a separate contractual relationship between you and the third-party provider. We do not provide any warranty or liability for damages arising from the use of these Integrations. We also do not assume liability for damages caused by your faulty or inadequate transmission or processing of data. We expressly recommend reviewing the terms of service and privacy policies of the Integrations before integrating them.

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14. Changes to the Software and the T&C

14.1. We may make changes to the Software, the T&C, including the current offer at www.perspective.co/pricing, and other provisions of the Contract without consulting you, which:

14.1.1. rectify obvious errors or omissions,

14.1.2. affect descriptive provisions to the extent that the underlying circumstances have changed,

14.1.3. serve to clarify or elucidate or are of an editorial nature, or

14.1.4. are not disadvantageous to you in legal or factual terms. This includes, in particular, the introduction of additional free functions within the Software. We will notify you of these changes via email.

14.2. Changes to the Contract (including the T&C and the offer at www.perspective.co/pricing) other than those mentioned in Section 14.1 will be offered to the Customer by Perspective. If you do not object within a period of six (6) weeks, the changes are deemed approved. The deadline for submitting your objection to Perspective is decisive for complying with the objection period.

14.2.1. We will inform you by email about the new regulations and the effective date and will draw your attention to the objection period and the consequences of its expiration. The objection period starts with the receipt of this email by you.

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15. Communication and Legal Framework

15.1. Unless otherwise specified in the T&C, the accepted means of communication for contacting us are emails and the chat within the Software. We reserve the right to contact you through other channels as well. Our email address can be found at www.perspective.co/imprint. Information about the availability of our support team is available at www.perspective.co/pricing.

15.2. The law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, applies.

15.3. The exclusive place of jurisdiction for all disputes arising out of or in connection with the Contract (including the T&C) is Berlin. This also applies to enforcing our rights against you.

15.4. Should individual provisions of the T&C be or become invalid, this does not affect the validity of the remaining provisions of the T&C. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision in a legally effective manner by mutual agreement.

15.5. The above provision applies accordingly in case of regulatory gaps.