Terms and conditions

This English version is provided for convenience. Only the German version is legally binding.

1. Scope

1.1. These terms and conditions apply to all contracts between André Gröschel, trading under the brand OpenProspect (“OpenProspect”), and OpenProspect’s clients for campaigns to win new customers, for prospect briefings and for use of the app at app.openprospect.io.

1.2. The offering is intended only for businesses within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. OpenProspect does not enter into contracts with consumers within the meaning of Section 13 BGB.

1.3. Deviating or additional terms of the client do not become part of the contract unless OpenProspect expressly agrees to them in text form.

2. Services

2.1. Campaigns. OpenProspect looks for companies that fit the client’s ideal customer profile and the people there who make decisions, researches every company individually, develops the outreach, sends it through the agreed channels, for example by email or by mail, and evaluates the responses. For phone outreach, OpenProspect provides verified numbers and the context the client’s own team calls with. On request, a dedicated landing page is included, where the recipient finds what the message refers to.

2.2. The segment, scope, channels and schedule of a campaign are set out in the proposal (section 3).

2.3. Prospect briefings. The client can also order the research on its own. A prospect briefing contains the company with its key facts, a suitable contact with contact details and the context for the first conversation. OpenProspect only delivers briefings for companies where it has found a reachable contact.

2.4. Ideal customer profile. The client creates the ideal customer profile in the app. This is free and requires no payment details. There is no entitlement to any particular availability of the free app.

2.5. No promise of success. OpenProspect owes the agreed services, not a particular result. OpenProspect does not promise any particular number of replies, meetings or orders.

2.6. The research is based on publicly available sources. OpenProspect checks contact details before delivery and before sending, but does not guarantee that information from these sources is correct, complete and current.

2.7. OpenProspect may use service providers for individual services, for example for hosting, sending and printing. OpenProspect remains responsible to the client.

3. Proposal and conclusion of contract

3.1. The description of the services on the website is not a binding offer. After a conversation, the client receives a proposal in text form that states the services, scope and price.

3.2. The contract is concluded when the client accepts the proposal, for example by email.

3.3. Every campaign is a separate order. There is no minimum term and no subscription. The client decides on every further campaign anew, and it starts with its own proposal.

3.4. To use the app, the client creates an account and provides truthful information. The client keeps its login details secret and is responsible for what happens under its account.

4. Client cooperation

4.1. The client describes its offering and its audience, names companies that should not be contacted, for example existing customers, and provides the information OpenProspect needs for the campaign.

4.2. Before the first send, the client approves the outreach. OpenProspect sends nothing without this approval.

4.3. The client answers the replies to the outreach and attends the meetings that result from it.

4.4. If the client’s cooperation is delayed, the steps of the campaign that depend on it are postponed accordingly.

5. Sending domains and inboxes

5.1. For sending by email, OpenProspect sets up dedicated sending domains and inboxes in the client’s name and warms them up before the first send. The client’s main domain and its other email traffic remain untouched.

5.2. The client has access to these inboxes at any time. Replies arrive there, and on request OpenProspect forwards them to an inbox of the client’s choosing.

5.3. The client can export the companies and contacts of a campaign as a CSV file at any time and bring them into its CRM.

6. Prices and payment

6.1. The price in the accepted proposal applies. It covers the entire campaign, from research and outreach to sending and evaluation, including the setup. All prices are net, plus statutory VAT where applicable.

6.2. The price of a campaign is paid in two halves. OpenProspect invoices the first half when the order is placed and the second once the campaign has run and the client has received the results.

6.3. OpenProspect bills prospect briefings per delivered briefing, at the price in the proposal.

6.4. The client bears costs paid directly to third parties, meaning the ongoing fees for its sending domains and inboxes and postage when mail is sent. Further costs only arise if the client orders additional services, and they are agreed in advance.

6.5. Invoices are payable within the period stated on them. If the client is in default, OpenProspect may withhold further services until the payment due has been received.

7. Lawful outreach

7.1. OpenProspect only researches publicly available information about companies and business contact details of decision-makers, contacts companies only for business purposes and removes anyone who objects to the research or outreach from all campaigns.

7.2. The client uses briefings, contact details and results only to initiate its own business and within the applicable laws, in particular data protection law and the German Act Against Unfair Competition (UWG). If the client writes or calls on its own, it checks beforehand whether the requirements for doing so are met.

7.3. The client may not sell or pass on data from the research to third parties.

7.4. The client indemnifies OpenProspect against third-party claims that arise from the client’s unlawful use of data or results.

8. Data protection and data processing

8.1. If OpenProspect processes personal data on behalf of the client during a campaign, for example in the inboxes in the client’s name, the parties conclude a data processing agreement under Art. 28 GDPR for this.

8.2. How OpenProspect otherwise processes personal data is set out in the privacy policy.

9. Rights of use

9.1. The client may use briefings, outreach texts and evaluations for its own purposes, including after the campaign has ended.

9.2. The client may use the app for its own business purposes. All rights to the app, its templates and OpenProspect’s methods remain with OpenProspect.

10. End of an order

10.1. An order ends when the campaign has run and been evaluated or the ordered briefings have been delivered. No notice of termination is needed for this.

10.2. Both parties’ right to terminate for good cause remains unaffected. Notices of termination must be given in text form.

11. Liability

11.1. OpenProspect is liable without limitation for intent and gross negligence, for injury to life, body or health and under the German Product Liability Act.

11.2. In cases of slight negligence, OpenProspect is only liable for breach of a material contractual obligation, meaning one whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance the client may rely. Liability is then limited to the foreseeable damage typical for this type of contract.

11.3. OpenProspect is only liable for outages of third-party services, for example email providers, postal services or sources on the internet, if it is responsible for them.

12. Final provisions

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

12.2. To the extent permitted by law, the place of jurisdiction for all disputes arising from the contract is OpenProspect’s place of business.

12.3. Amendments and additions to the contract must be made in text form.

12.4. If any provision of these terms is invalid, the remaining provisions remain valid.