Terms and Conditions

1.1 OVIQ Design Ltd, based in Larnaca, Cyprus, provides the "Leadmatix" platform, which enables businesses to communicate with their customers and other contacts through various communication channels and to manage customer communication centrally.

1.2 These Terms and Conditions govern the use of the platform.

1.3 The offering is directed exclusively at commercial users, not at consumers. Consumers cannot use the platform.

1.4 Specific service agreements take precedence over these Terms and Conditions.

1.5 Deviating terms and conditions of the user only become part of the contract with the express written consent of OVIQ Design Ltd.

2.1 The platform enables central management of customer communication across various channels such as email, SMS and messenger services.

2.2 The scope of services is defined in the order summary and contract confirmation.

2.3 OVIQ Design Ltd provides the technical infrastructure.

2.4 The platform runs on OVIQ Design Ltd servers, the user needs their own internet access.

2.5 OVIQ Design Ltd uses third-party systems (messenger platforms). The contracts for the use of third-party systems are concluded directly between the user and the provider. OVIQ Design Ltd is not liable for any restrictions imposed by third-party providers.

2.6 WhatsApp communication takes place via the WhatsApp Business API.

2.7 The platform provides access to various functions based on large language models. OVIQ Design Ltd uses external LLM providers. Availability, a specific scope of features, or the content accuracy of the outputs are expressly not part of the service obligations of OVIQ Design Ltd.

2.8 Further functionality is described in the current product description.

3.1 Users must register and create an account.

3.2 The user warrants that all data provided during registration is correct and complete, and must keep it up to date.

After self-signup, the platform can be tested free of charge for 14 days with limited functionality. After the trial period expires, use ends automatically without the need for cancellation, if no paid subscription is concluded.

5.1 In self-signup, the product description on the website does not constitute an offer. The user submits an offer by clicking "Order with obligation to pay". Alternatively, OVIQ Design Ltd may send an order link by email after a sales conversation.

5.2 OVIQ Design Ltd may accept the offer within 48 hours by sending an email contract confirmation. The contract is concluded upon receipt of this confirmation.

5.3 During the term, the user may book add-ons. The description of add-ons on the website constitutes an offer. By clicking "Upgrade", the user accepts the offer.

6.1 The platform is available 99% on monthly average.

6.2 Unavailability exists if the platform fails completely due to circumstances within the responsibility of OVIQ Design Ltd. Force majeure, user error, contractual misuse or scheduled maintenance do not count as unavailability.

6.3 OVIQ Design Ltd may carry out maintenance work and must announce it at least 7 days in advance. Scheduled maintenance between Saturday 00:00 and Sunday 07:00 does not count against the availability commitment. A maximum of 24 hours of maintenance time per month is permitted.

6.4 In the event of errors, the user must inform OVIQ Design Ltd in writing without delay. OVIQ Design Ltd responds to proper error reports with qualified feedback within one business day.

6.5 An error exists if the platform does not provide the contractually agreed functionality and this falls within the responsibility of OVIQ Design Ltd.

6.6 These provisions do not apply to third-party services and LLM providers.

7.1 OVIQ Design Ltd grants the user a time-limited, revocable, non-exclusive and non-transferable right to use the platform within the agreed scope. This right expires when the contract ends.

7.2 The user may only use the platform for their own business purposes, limited to the agreed number of users.

7.3 The user may not rent, lend, pass on, reverse engineer the platform, modify the source code, circumvent protection measures or use automated scraping tools. OVIQ Design Ltd reserves text and data mining rights.

8.1 OVIQ Design Ltd provides support within the contractually agreed scope.

8.2 Additional support services are charged separately. The user is informed of the costs before placing an order.

9.1 The user grants OVIQ Design Ltd the non-exclusive right to use, in particular to reproduce, edit and transmit, the content provided by the user during the term of the contract.

9.2 The user may only store or transmit content they are authorized to use, that does not infringe third-party rights and does not contain unlawful, violence-glorifying, racist, discriminatory or pornographic material.

9.3 The user ensures that the legal requirements for communication with customers are met, in particular that the respective customer has given any required consent. OVIQ Design Ltd does not check content for legal compliance.

9.4 Only templates approved by WhatsApp may be used for WhatsApp marketing messages. Unapproved templates may lead to blocks. The user bears this responsibility.

9.5 Users must comply with additional terms of third-party providers (WhatsApp Business Policy, Telegram Terms, Google Business Messaging, Twilio Messaging Policy). Violations may result in usage restrictions that do not constitute a defect in the services of OVIQ Design Ltd.

9.6 The OpenAI terms of use apply to AI features. Violations may result in API restrictions, for which OVIQ Design Ltd is not liable.

9.7 The user indemnifies OVIQ Design Ltd against any claims that third parties assert (i) due to the use of user content by OVIQ Design Ltd or the user, and (ii) due to the use of the platform by the user, except in cases of willful misconduct or gross negligence by OVIQ Design Ltd.

9.8 The user must create their own backups.

10.1 The fees are set out in the contract confirmation. The first charge occurs 48 hours after the onboarding appointment. AI features are billed through a credit system, which consists of virtual units with no monetary value.

10.2 Credit consumption depends on the type and extent of use. The credit rate may vary and OVIQ Design Ltd may adjust it based on technical or economic developments. Changes are communicated in advance.

10.3 Credits are available to the user until the end of the respective calendar month. Unused credits expire at the end of the last calendar day of a month. Users are notified at 80%, 90% and 100% consumption. At 115% overuse, all AI features are automatically blocked.

10.4 Amounts are in EUR net.

10.5 Invoices are sent electronically.

10.6 The user may only offset undisputed or legally established claims, except in the case of reciprocal claims.

10.7 OVIQ Design Ltd may adjust the agreed fees at its reasonable discretion in line with cost developments. Cost increases and decreases both affect pricing equally. Changes take effect no earlier than 30 days after notification. If the increase exceeds 10%, the user may terminate the contract extraordinarily.

11.1 The statutory warranty provisions apply to defects. Strict liability for initial defects is excluded.

11.2 Defect remediation is provided through free repair or replacement at the discretion of OVIQ Design Ltd.

11.3 Termination due to failure to provide contractual use is only permitted after sufficient opportunity for remedy has been given and has failed.

11.4 OVIQ Design Ltd does not warrant the internet access of the user or their end customers. The user is responsible.

11.5 OVIQ Design Ltd does not warrant the completeness and accuracy of the outputs generated by LLM providers. LLMs are based on algorithms and probability calculations and may contain significant inaccuracies or provide outdated information.

12.1 OVIQ Design Ltd is liable for willful misconduct and gross negligence in accordance with statutory provisions.

12.2 In other cases, OVIQ Design Ltd is only liable for the breach of cardinal obligations, limited to compensation for foreseeable and typical damages. In all other cases, liability is excluded.

12.3 Liability for personal injury and under the Product Liability Act remains unrestricted.

12.4 Liability exclusions also apply to corporate bodies and vicarious agents.

12.5 Claims for damages become time-barred after one year, except in the cases of sections 12.1 and 12.3.

12.6 For damages caused by LLM providers, liability is limited to the assignment of the claims of OVIQ Design Ltd against the respective provider. Compensation for credit blocking is excluded.

13.1 OVIQ Design Ltd may suspend access temporarily or permanently if there is concrete evidence that the user violates these Terms of Use or applicable law. Repeated violations may lead to permanent suspension.

13.2 Suspension is communicated by email.

13.3 After suspension, access is reactivated once the suspension period ends or the reason for suspension ceases. Permanent suspensions cannot be reinstated. Suspended persons are permanently excluded. OVIQ Design Ltd may terminate the contract extraordinarily.

13.4 OVIQ Design Ltd may delete unlawful content if the user fails to do so despite being requested to.

14.1 The user receives access for the agreed term. The first charge is made no later than 48 hours after the conclusion of the contract. The paid phase and minimum term begin with this charge.

14.2 The standard minimum term is 12 months, beginning on the day of the first charge. After expiration, the contract automatically renews for the length of the billing cycle if not terminated at least 30 days before the end of the minimum term. Termination without notice for good cause remains possible. Termination of the contract also automatically ends add-ons.

14.3 OVIQ Design Ltd may terminate without notice if (i) the user becomes insolvent, (ii) insolvency proceedings are filed, or (iii) the user is in default of payment for two consecutive months or for a longer period.

14.4 Termination is carried out exclusively via the platform under account settings.

14.5 After the term ends, access is terminated and content is deleted from the platform.

15.1 For processing on behalf of the user, OVIQ Design Ltd acts as a processor under Article 28 GDPR. A supplementary data processing agreement becomes part of the contract.

15.2 Personal data of the user may be required to perform the contract. Details can be found in the Privacy Policy.

16.1 OVIQ Design Ltd reserves the right to modify the services offered and these Terms of Use. Changes must be necessary to account for developments that were not foreseeable at the time the contract was concluded, in particular changes to technical or legal frameworks.

16.2 Changes are communicated by email. Unless the user objects to their validity within four weeks of receipt of the notification, the changes are deemed accepted with effect for the future. If the user objects, OVIQ Design Ltd may terminate the contractual relationship extraordinarily with a notice period of two weeks.

16.3 Excluded from this right of modification are changes to the subject matter of the contract and main performance obligations that would fundamentally alter the contractual framework.

17.1 Agreements are governed by the law of the Republic of Cyprus, excluding the UN Convention on Contracts for the International Sale of Goods and private international law.

17.2 The place of jurisdiction is Larnaca, Cyprus. OVIQ Design Ltd may also sue the user at their registered office.

17.3 Should any provisions be invalid, the validity of the remaining provisions shall not be affected.