Terms of use

Version 2026-08-13

1. Scope

These terms govern the use of Virtual Marketer CRM at crm.virtual-marketer.de, provided by SGS Virtual Marketer GmbH, Frankfurter Landstraße 50, 61352 Bad Homburg vor der Höhe (see legal notice). The service is directed exclusively at businesses within the meaning of section 14 of the German Civil Code.

Deviating terms of the customer apply only where we expressly agree to them in writing.

2. The service

We provide a customer relationship management system as a service over the internet. Its scope follows from the current product description. We develop the service continuously; features may be added, changed or removed. We announce material restrictions with reasonable notice.

3. Accounts and access

Sign-in is exclusively through a Virtual Marketer account. Two-factor authentication is mandatory for every account. Credentials are confidential and must not be shared; the customer is responsible for actions taken through their accounts.

The customer manages the roles and permissions of their own users.

4. Customer obligations

The customer ensures they are entitled to process the data they handle in the service. This applies in particular to contact data, connected mailboxes and outgoing messages.

Advertising by email or messenger is subject to section 7 of the German Unfair Competition Act and to the GDPR. The service provides technical means — unsubscribe links, suppression lists, a record of the legal basis — but does not replace a case-by-case assessment. The customer indemnifies us against third-party claims arising from unlawful sending through their accounts.

Prohibited in particular: sending unsolicited advertising, uploading unlawful content, interfering with operation, and attempting to circumvent tenant separation.

5. Availability

We operate the service with the care of a prudent business. We do not owe any particular level of availability unless expressly agreed otherwise. We announce maintenance where possible and schedule it outside peak hours.

6. Customer data

Content processed in the service remains the customer's data. We process it solely on their instructions under the data processing agreement and never for our own purposes. The customer can export their data at any time through the service API.

7. Open-source software

The service is built on open-source software under the GNU Affero General Public License, version 3. These terms do not restrict the rights that licence grants you; see Open source. Where these terms and the licence conflict, the licence prevails for the software.

8. Liability

We are liable without limitation for intent and gross negligence, and for injury to life, body or health. For ordinary negligence we are liable only for breach of a material contractual obligation, limited to the foreseeable damage typical for this type of contract. Liability under the German Product Liability Act remains unaffected.

For loss of data we are liable only up to the effort that would have been required for recovery had the customer maintained proper backups.

9. Term and termination

The contract runs for an indefinite period and may be terminated by either party with 30 days' notice to the end of a month. The right to terminate for cause remains unaffected. After the contract ends we delete the data in accordance with the data processing agreement; the customer is responsible for exporting in good time.

10. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Bad Homburg vor der Höhe where the customer is a merchant, a legal entity under public law or a special fund under public law.

We announce changes to these terms at least 30 days before they take effect. If the customer does not object before they take effect, the changes are deemed accepted; we point this consequence out separately in the notice.