Terms of Service

§ 1 Scope and provider

These Terms of Service ("Terms") apply to all services provided through the Pipenest platform (pipenest.app and app.pipenest.app), operated by ChimpShift — Maik Fafengut, Herz-Meyer-Straße 1, 49594 Alfhausen, Germany ("Provider", "we", "us").

Pipenest is a Software-as-a-Service (SaaS) pipeline CRM designed specifically for web agencies. It provides lead management, AI-assisted lead scoring, AI pitch email generation, team collaboration, and related tools.

By creating an account or using our services, you ("User", "you") agree to be bound by these Terms. If you do not agree to these Terms, you may not use the service.

§ 2 Account registration and responsibilities

To use Pipenest, you must create an account with a valid email address. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must provide accurate and complete information during registration and keep this information up to date. You must be at least 18 years old or have the legal capacity to enter into binding agreements.

You must notify us immediately of any unauthorized use of your account. We are not liable for any loss arising from unauthorized use of your account.

§ 3 Services and plans

Pipenest is offered in different plans (e.g. Free, Pro, Business). The scope of features, storage limits, and team member limits depend on the chosen plan. Details of each plan are described on our pricing page.

The Free plan is available at no cost and includes basic functionality with certain limitations. Paid plans unlock additional features and higher limits.

We reserve the right to modify, expand, or reduce the features of any plan at any time. Material changes to paid plans will be communicated to affected users at least 30 days in advance.

§ 4 Payment and billing

Paid plans are billed in advance on a monthly or annual basis, depending on the billing cycle chosen at subscription. Prices are displayed in the application and on the website.

As a small business pursuant to § 19 UStG (German VAT Act), no VAT is charged on invoices.

Payment is due at the beginning of each billing period. If payment fails, we may restrict access to paid features after a reasonable grace period and prior notification.

You may upgrade or downgrade your plan at any time. Downgrades take effect at the end of the current billing period. No refunds are issued for partial billing periods.

§ 5 User data and content

You retain all rights to the data you enter into Pipenest ("User Data"), including lead information, contact records, notes, and other content. We do not claim ownership of your User Data.

You grant us a limited, non-exclusive license to process, store, and display your User Data solely for the purpose of providing and improving the service.

You are solely responsible for the legality, accuracy, and completeness of the data you store in Pipenest. You must ensure that you have all necessary rights and consents (particularly under GDPR) to store and process personal data of third parties (e.g. lead contact data) in the application.

We process your data in accordance with our Privacy Policy and applicable data protection laws, including the GDPR.

§ 6 AI-powered features

Pipenest includes AI-powered features such as lead scoring and pitch email generation. These features use automated processing to generate suggestions and outputs based on the data you provide.

AI-generated outputs are suggestions only. You are solely responsible for reviewing, editing, and approving any AI-generated content before using it. We do not guarantee the accuracy, completeness, or suitability of AI outputs.

We may use anonymized and aggregated usage data to improve our AI models. No personally identifiable information or User Data is shared with third parties for AI training purposes without your explicit consent.

§ 7 Prohibited use

You may not use Pipenest for any unlawful purpose or in any way that could damage, disable, or impair the service. In particular, you may not:

• Store or process data that violates applicable laws, third-party rights, or public decency
• Attempt to gain unauthorized access to other users' accounts or our systems
• Use automated tools (bots, scrapers) to access the service beyond the provided API
• Reverse-engineer, decompile, or otherwise attempt to extract the source code of the application
• Resell, sublicense, or redistribute the service without our written consent
• Send unsolicited bulk messages (spam) using pitch emails generated through the platform

§ 8 Availability and maintenance

We strive to provide a high level of availability but do not guarantee uninterrupted access to the service. Planned maintenance will be announced in advance where possible.

We are not liable for temporary unavailability caused by technical disruptions, maintenance, force majeure, or circumstances beyond our control.

§ 9 Intellectual property

The Pipenest application, including its design, code, features, documentation, and branding, is the intellectual property of ChimpShift — Maik Fafengut and is protected by copyright and other intellectual property laws.

Your subscription grants you a non-exclusive, non-transferable, revocable right to use the service for its intended purpose during the term of your subscription.

§ 10 Limitation of liability

We are liable without limitation for damages caused by intent or gross negligence, as well as for damages resulting from injury to life, body, or health.

In cases of slight negligence, we are only liable for breaches of material contractual obligations (cardinal obligations). In such cases, liability is limited to the foreseeable, typically occurring damages. For the Free plan, liability for slight negligence is excluded to the extent permitted by law.

We are not liable for the loss of data to the extent that the damage could have been avoided by appropriate data backup measures on the part of the user. We recommend that you regularly export your data.

Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

§ 11 Term and termination

Free accounts may be used indefinitely and can be deleted by the user at any time through the account settings.

Paid subscriptions may be cancelled at any time. Cancellation takes effect at the end of the current billing period. After cancellation, the account reverts to the Free plan.

We may terminate or suspend your account immediately if you materially breach these Terms. We will provide prior notice where reasonable and possible.

Upon account deletion, your User Data will be permanently deleted within 30 days, unless retention is required by law. You may request a data export before deletion.

§ 12 Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated to registered users by email or in-app notification at least 30 days before they take effect.

If you do not agree to the updated Terms, you may terminate your account before the changes take effect. Continued use of the service after the effective date constitutes acceptance of the updated Terms.

§ 13 Dispute resolution

The European Commission provides an Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 14 Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If you are a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from these Terms is Osnabrück, Germany.

§ 15 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.