This is a courtesy translation. Only the German version of this page is legally binding.
§ 1 Scope
(1) These General Terms and Conditions (the “Terms”) apply to all contracts for the use of the SpeakerRadar software between Sven Böttger Digital Ventures, owner Sven Böttger, Kollwitzstraße 30, 10405 Berlin, email contact@myos.solutions (hereinafter “we” or “Provider”) and our customers (hereinafter “you” or “Customer”).
(2) Deviating, conflicting or supplementary terms and conditions of the Customer only become part of the contract if we have expressly agreed to their validity in text form. This also applies if we perform our services with knowledge of such terms.
§ 2 Business Customers Only
(1) SpeakerRadar is aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), that is, natural or legal persons and partnerships with legal capacity who, when concluding the contract, act in the exercise of their commercial or independent professional activity, for example as independent speakers, trainers or agencies. We do not conclude contracts with consumers within the meaning of § 13 BGB.
(2) When registering, you expressly confirm that you are acting as an entrepreneur. When purchasing a plan, you provide a billing address and, if available, your VAT identification number. We may request suitable proof of your status as an entrepreneur, for example a business registration, an extract from a public register or a confirmation from the tax office, and may refuse to conclude the contract or block access until such proof has been provided.
(3) If you have falsely confirmed your status as an entrepreneur, you are liable to us for any resulting damage. In this case, we may terminate the contract for cause.
§ 3 Registration and Conclusion of Contract
(1) The presentation of SpeakerRadar and the plans on our website does not constitute a binding offer, but an invitation to submit an offer.
(2) To use SpeakerRadar, you first create an account. The account alone is free of charge but does not give rise to any claim to the execution of alerts or other services.
(3) You submit a binding offer to conclude a paid plan by selecting a plan in the app and completing the payment process with our payment service provider. The contract is concluded when we activate your plan after successful completion of the payment process. Activation usually takes place immediately.
(4) The language of the contract is German. You can access, save and print the currently valid Terms at any time at speakerradar.ai/terms.
§ 4 Description of Services
(1) SpeakerRadar is web-based software that we provide as a subscription (software as a service). You create alerts with search terms. SpeakerRadar then searches, usually several times a day, publicly accessible German-language news sources from Germany, Austria and Switzerland. An AI analyzes the articles found and identifies events, organizers and publicly named contact persons in them, each with a link to the source. Based on your speaker profile, SpeakerRadar estimates how well an event suits you (fit). You can qualify events, assign them a stage and export them as a CSV or Excel file.
SpeakerRadar is exclusively a research tool. It translates public reports about events into structured information on events, organizers and publicly named contact persons. SpeakerRadar does not itself contact organizers or contact persons, does not send any messages and does not offer any function for sending messages.
(2) Each account includes one speaker profile. The scope of the services depends on the selected plan, which determines the number of simultaneously active alerts. Alerts are only executed as long as a paid plan is in place.
(3) SpeakerRadar does not send emails or other messages to organizers or contact persons and contains no sending functions. Whether and how you make contact is your own decision.
(4) The sources searched are third-party content over whose selection, content, accuracy and availability we have no influence. We owe the provision of the software with the described functions, not a particular result. In particular, we do not guarantee that SpeakerRadar will find a certain number of or all relevant events, organizers or contact persons, that a contact person will be found for an event, that the information found is complete, correct and up to date, or that you will receive engagements or bookings through SpeakerRadar.
(5) The analyses and fit ratings generated by the AI are automatically generated assessments. They may be inaccurate and do not replace your own review. Please verify important information against the linked source article before using it.
(6) We may further develop SpeakerRadar, change individual functions and replace news sources or technical service providers used, provided that the core of the agreed services is preserved and the change is reasonable for you. We will notify you of material restrictions in text form at least four weeks in advance. In this case, you may terminate the contract with effect from the date on which the change takes effect.
(7) In the Event Catalog, you can additionally filter events that have already been recorded by characteristics such as country, number of participants, type of organizer, budget and month, and unlock them individually (lead). Before unlocking, the name of the event, the organizer and the name of the contact person are not visible. An unlocked event is added to your events in SpeakerRadar. The Event Catalog is only available with an existing paid plan. Leads are not included in the plan but are purchased in addition to the plan as a one-time purchase. The purchase is concluded when you complete the payment process with our payment service provider and we unlock the events. The information in the Event Catalog originates from publicly accessible sources on the internet. Paragraphs (3) to (5) apply accordingly.
§ 5 Availability
(1) We provide SpeakerRadar in accordance with the state of the art and endeavor to ensure operation that is as uninterrupted as possible. The following do not count as downtime: periods of scheduled maintenance, which we carry out at times of low usage where possible, and disruptions beyond our sphere of influence, for example failures of the internet or of the news sources searched, or force majeure.
(2) Since alerts are executed with a time delay, results may appear with a delay. There is no entitlement to analysis in real time.
§ 6 Defects
(1) The statutory provisions of German tenancy law apply to defects in the software, unless otherwise provided in these Terms. Please report defects without undue delay and in as reproducible a manner as possible by email to contact@myos.solutions.
(2) Strict liability, regardless of fault, for defects that already existed at the time the contract was concluded (§ 536a (1) Alt. 1 BGB) is excluded. Liability under § 13 remains unaffected.
(3) Errors or gaps in third-party content and automatically generated assessments within the meaning of § 4 (4) and (5) do not constitute a defect in the software.
§ 7 Obligations of the Customer
(1) You use SpeakerRadar only within the framework of the applicable laws and these Terms. In particular, it is not permitted to read out the service or its database by automated means, to circumvent its security mechanisms, to impair its operation or to use data from SpeakerRadar to build a competing offering.
(2) Do not use names of private individuals or any content that infringes the rights of third parties in your search terms and your profile.
(3) You keep your login credentials secret, protect them from access by third parties and inform us without undue delay if you suspect misuse of your account. An account may only be used for one speaker profile and only by you or by persons working on your behalf. Sharing access with other speakers is not permitted.
(4) The fact that a person is named in a public report and appears in SpeakerRadar does not mean that this person has consented to being contacted. You undertake not to contact persons whose information you obtain via SpeakerRadar without their consent. Under § 7 (2) No. 2 UWG (German Act Against Unfair Competition), advertising by email requires prior express consent, also vis-à-vis companies and associations, and advertising calls to companies require at least their presumed consent. You alone are responsible for any contact you make yourself. We do not provide legal advice. If in doubt, please consult your legal advisor or your data protection officer.
(5) If a person objects to the use of their data or requests its deletion, you comply with this and delete their data in your own systems. In addition, our Contact Data Usage Policy applies.
(6) If you materially breach these obligations, we may temporarily block your access to the extent necessary to avert damage or infringements of rights. In doing so, we take your legitimate interests into account, inform you without undue delay and lift the block as soon as the reason for it no longer applies. Our right to terminate for cause remains unaffected.
§ 8 Data Protection and Responsibility for Contact Data
(1) We explain how we process personal data in our Privacy Policy.
(2) We are the controller under data protection law for the collection of organizer and contact person data from public news articles, and for the Event Catalog also from other publicly accessible sources on the internet, and for its storage in SpeakerRadar. By displaying this data in SpeakerRadar, we make it available to you as an independent controller. For any use by you, in particular for export, storage in your own systems and making contact, you are yourself the independent controller within the meaning of Art. 4 No. 7 of the General Data Protection Regulation (GDPR). To this extent, there is no processing on behalf of a controller under Art. 28 GDPR and no joint controllership under Art. 26 GDPR.
(3) As controller, you fulfill for your own processing in particular the information obligation under Art. 14 GDPR, at the latest when you first contact the data subject, as well as the rights of the data subjects. You use the data only in connection with the respective event and in compliance with § 7 (4), and delete it when it is no longer needed for this purpose.
§ 9 Rights of Use
(1) For the term of the contract, you receive the simple, non-transferable and non-sublicensable right to use SpeakerRadar within the scope of your plan for your own business purposes.
(2) The compilation of events, organizers and contact persons in SpeakerRadar is protected as a database. You may use displayed and exported data for your own client acquisition as a speaker, also beyond the end of the contract, insofar as this is permissible under data protection law. Passing on, reselling or otherwise making the data available to third parties is not permitted.
(3) The rights to the linked articles belong to the respective publishers and authors. SpeakerRadar only displays individual pieces of information and short excerpts from them and refers to the source.
(4) The data you enter into SpeakerRadar, for example your profile text, your alerts and your decisions on events, remains your data. We use it only to provide SpeakerRadar to you.
§ 10 Prices and Payment
(1) We currently offer the following plans:
- Starter: up to 5 active alerts for €99 per month
- Pro: up to 15 active alerts for €199 per month
- Business: up to 40 active alerts for €249 per month
In the Event Catalog (§ 4 (7)), each unlocked event (lead) costs €1.29, regardless of the selected plan. Leads are not included in the plan and are charged in addition to the plan as a one-time purchase. Events that are already in your account are not charged. The minimum quantity is 100 charged leads per purchase, that is, after deduction of these events. The amount is due upon completion of the purchase.
All prices are net prices plus statutory VAT. The prices displayed during the payment process are authoritative. We do not offer a free trial period.
(2) The fee is payable monthly in advance for the respective billing month. The billing month begins on the day the contract is concluded. Payment is made via our payment service provider Stripe Payments Europe, Limited, Ireland, using the payment methods offered there. We provide invoices electronically.
(3) If a payment due cannot be collected, we may suspend the execution of your alerts and your access after prior notice in text form until the payment has been received. Your payment obligation remains unaffected.
(4) You may only set off claims that are undisputed or have been finally established by a court.
§ 11 Plan Changes and Price Changes
(1) You can switch to a different plan at any time. The switch takes effect immediately. The difference for the current billing month is calculated on a pro rata basis and offset against the next invoice. When switching to a smaller plan, you can only keep as many alerts active as the new plan includes.
(2) We may change the prices with effect for future billing months, for example if our costs for hosting, AI services or payment processing change. We will notify you of a price change in text form at least six weeks before it takes effect. You may terminate the contract with effect from that date until the price change takes effect. If you do not terminate, the new price applies from the announced date. We will separately draw your attention to this right of termination and its consequence in the notice.
§ 12 Term and Termination
(1) The contract for a plan runs for an indefinite period and is extended by one billing month at a time. There is no minimum term.
(2) You can terminate at any time with effect from the end of the current billing month, namely in the app settings under “Plan and billing”, in the Stripe customer portal or by email to contact@myos.solutions. We may terminate the contract with four weeks’ notice with effect from the end of a billing month.
(3) The right of both parties to terminate for cause remains unaffected. Cause exists for us in particular if you are in default of payment of more than one monthly amount or if, despite a warning, you materially breach § 7.
(4) Terminations are made via the stated channels in the app or in the customer portal, or in text form. Amounts already paid for the current billing month will not be refunded, unless we terminate early without cause or you terminate for a cause for which we are responsible.
(5) At the end of the paid period, your alerts will no longer be executed. Your events initially remain in your account so that you can resume your plan later. Please export any data you wish to continue using in good time. The deletion of your account is governed by our Privacy Policy.
§ 13 Liability
(1) We are liable without limitation in cases of intent and gross negligence, for damage resulting from injury to life, body or health, for fraudulently concealed defects, in the event of an expressly assumed guarantee and under the German Product Liability Act (Produkthaftungsgesetz).
(2) In the event of a slightly negligent breach of a material contractual obligation, our liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded. Material contractual obligations are those whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely.
(3) Otherwise, our liability for slight negligence is excluded.
(4) Within the scope of the preceding paragraphs, we are liable for the loss of data only in the amount of the effort that would have been required for its restoration had the export function been used regularly.
(5) The above limitations also apply in favor of our employees, representatives and vicarious agents.
§ 14 Indemnification
You indemnify us against claims of third parties, including fines and claims of data subjects or competitors, that they assert against us on account of an unlawful use of SpeakerRadar or of the data exported from it for which you are responsible. This also includes the reasonable costs of legal defense. We will inform you without undue delay of such claims and coordinate the further course of action with you.
§ 15 Changes to these Terms
(1) We may change these Terms with effect for the future if there is an objective reason for doing so, for example a change in the legal situation or in case law, a change in our range of services or the closing of a regulatory gap. We do not change the relationship between performance and consideration, the term or the notice periods in this way. Price changes are governed exclusively by § 11 (2).
(2) We will notify you of changes in text form at least six weeks before they take effect. If you do not object in text form before they take effect, the changes are deemed accepted. We will separately draw your attention to this consequence, your right to object and the deadline in the notification. If you object, the previous Terms continue to apply. In this case, both parties may terminate the contract with effect from the date on which the change takes effect.
§ 16 Final Provisions
(1) Declarations under this contract require text form, unless otherwise provided. Email is sufficient.
(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(3) 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 this contract is Berlin. We may also sue you at your general place of jurisdiction.
(4) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provision.