As of: April 2026
These General Terms and Conditions ("GTC") govern the business relationship between the Provider (see §13) and the Client (as defined below) for the individually developed and configured SaaS platform TeamPulse. TeamPulse is not a standardised mass product; it is individual software that is specifically adapted and configured for each Client's organisational needs.
These GTC apply exclusively to entrepreneurs within the meaning of §14 BGB (German Civil Code), i.e. natural or legal persons or partnerships with legal capacity that act in the exercise of their commercial or independent professional activity when entering into a legal transaction. The services offered are directed solely at businesses and organisations (B2B). Consumers within the meaning of §13 BGB are expressly excluded from using the platform.
These GTC apply to all contracts, deliveries, and services related to the provision, configuration, and use of the TeamPulse platform, including individual software development, IT consulting, integration services, and ongoing SaaS access.
The Client's general terms and conditions shall not apply, even if the Provider does not expressly object to them. Deviating, conflicting, or supplementary terms of the Client shall only become part of the contract if the Provider has expressly agreed to their validity in writing.
TeamPulse is a SaaS platform for monitoring and improving employee mental health and wellbeing within organisations. The platform is individually configured for each Client and may include the following components:
The platform is not a standardised off-the-shelf product. Each deployment involves individual configuration, adaptation, and, where applicable, custom development to meet the Client's specific organisational, technical, and compliance requirements. The exact scope of services is determined by the individual agreement (proposal, order confirmation, or service level agreement) between the Provider and the Client.
The presentation of the platform and its features on the Provider's website does not constitute a binding offer. The Client submits a binding offer by completing the registration or order process. The contract is formed upon the Provider's written confirmation (including by email) or by the Provider's commencement of service delivery.
By entering into a contract, the Client warrants that:
The Client is responsible for maintaining the confidentiality of access credentials, for all activities conducted under its account, and for notifying the Provider immediately in the event of unauthorised access or suspected security breaches.
The Provider shall provide the platform as a cloud-based SaaS solution. The specific scope of features, modules, and service levels depends on the selected pricing plan and the individual agreement with the Client.
The Provider endeavours to maintain platform availability of 99.5% on an annual average, excluding scheduled maintenance windows. Scheduled maintenance will be announced with reasonable advance notice. The Provider does not guarantee uninterrupted or error-free operation.
The Provider reserves the right to further develop, modify, or improve the platform at any time, provided such changes do not materially reduce the agreed scope of services. The Provider will notify the Client of significant changes in advance.
The Provider offers IT consulting and support services in connection with the platform. The scope, response times, and channels of support depend on the selected plan and any individual agreements.
The following standard pricing plans apply, unless individually agreed otherwise:
Clients who opt for annual billing receive a 15% discount on the applicable monthly rates. Annual subscriptions are billed in advance for the full contract year.
If payment is overdue, the Provider may:
For the duration of the contract and subject to full payment, the Provider grants the Client a non-exclusive, non-transferable, non-sublicensable right to use the platform via internet access (SaaS) for the Client's own business purposes.
The Client may not:
All data uploaded or entered by the Client into the platform remains the property of the Client. The Provider receives a limited licence to process such data solely for the purpose of providing the contractual services.
The Provider offers a 14-day free trial period. During the trial, the Client may use the platform without charge. If the Client does not convert to a paid plan before the trial expires, access will be deactivated automatically. No payment details are required for the trial.
Within the first 30 days after conversion to a paid subscription, the Client may request a full refund of all subscription fees paid. This money-back guarantee does not cover integration and setup fees for services that have already been rendered.
Unless otherwise agreed, the contract for monthly subscriptions runs for an indefinite period. Annual subscriptions have a minimum term of 12 months and automatically renew for successive 12-month periods unless terminated.
Either party may terminate the contract without notice for good cause. Good cause exists in particular if:
Upon termination, the Client's access to the platform will be deactivated. The Provider will make the Client's data available for export for a period of 30 days following the effective date of termination. After that period, the Provider is entitled to delete all Client data.
The processing of personal data in connection with the use of the platform is governed by the Provider's Privacy Policy, which forms an integral part of the contractual relationship.
Insofar as the Provider processes personal data on behalf of the Client, the parties shall enter into a Data Processing Agreement (DPA) in accordance with Art. 28 GDPR. The DPA is available upon request and, once concluded, forms part of the contract.
The Client warrants that:
The Provider warrants that the platform will substantially conform to the agreed specifications. In the event of defects, the Provider shall, at its option, remedy the defect or provide a workaround within a reasonable period. If rectification fails after two attempts, the Client may reduce the remuneration or, in the case of material defects, withdraw from the contract.
The AI-powered analytics, predictions, and recommendations provided by the platform are advisory in nature only. They do not constitute medical, psychological, or legal advice and do not replace professional consultation. The Client acknowledges that AI outputs may be inaccurate or incomplete and that all decisions based on platform data are made at the Client's own risk and responsibility.
Neither party shall be liable for any failure or delay in performing its obligations under the contract to the extent that such failure or delay is caused by circumstances beyond the party's reasonable control (force majeure), including but not limited to natural disasters, pandemics, war, terrorism, civil unrest, government actions, power outages, telecommunications failures, cyberattacks, or failures of third-party service providers.
The affected party shall notify the other party without undue delay and take all reasonable steps to mitigate the effects. If a force majeure event continues for more than 90 consecutive days, either party may terminate the contract with 14 days' written notice.
All intellectual property rights in and to the platform, including but not limited to the software, source code, algorithms, AI models, user interface designs, documentation, trademarks, logos, and trade names, are and remain the exclusive property of the Provider. The contract does not transfer any intellectual property rights to the Client beyond the limited usage rights expressly granted under §6.
The Client retains all rights to the data it uploads, enters, or generates through the platform. The Provider shall not use the Client's data for purposes other than providing the contractual services, except where anonymised and aggregated data may be used for product improvement, research, and statistical purposes in compliance with applicable data protection law.
If the Client provides suggestions, ideas, or feedback regarding the platform, the Provider is free to use such feedback without restriction, compensation, or attribution for any purpose, including product development and improvement.
These GTC and the entire contractual relationship between the Provider and the Client shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules.
The exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship is Braunschweig, Germany, provided the Client is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law.
Amendments and additions to these GTC must be made in text form (email is sufficient). This also applies to the waiver of this written form requirement.
Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.
The Client may not assign or transfer any rights or obligations under the contract without the Provider's prior written consent. The Provider may assign the contract to an affiliated company or in connection with a business transfer.
The Provider reserves the right to amend these GTC with at least 30 days' written notice. If the Client does not object within 14 days of receipt of the notification of changes, the amended GTC shall be deemed accepted. The Provider will specifically draw the Client's attention to this consequence in the notification.
Oleh Kaminskyi
Self-employed professional activity pursuant to §18 EStG (Freiberufliche Tatigkeit)
Bienroder Weg 53
38108 Braunschweig
Germany
VAT ID (Umsatzsteuer-Identifikationsnummer): DE458987763
Email: work.olegkaminskyi@gmail.com
This activity is a self-employed professional activity (freiberufliche Tatigkeit) within the meaning of §18 of the German Income Tax Act (EStG) and is not a trade (Gewerbe) within the meaning of §15 EStG. No trade licence (Gewerbeschein) is required.