Terms and Conditions

of funnellab GmbH (Software Version)

Effective: April 2025

§1 Scope of Application

  1. These Terms and Conditions (“T&Cs”) apply to all business relationships between funnellab GmbH, Großer Burstah 23, 20457 Hamburg, Germany (“funnellab GmbH”) and the user of the digital recruiting software (“Customer”; together referred to as “Parties”).
  2. The offer is exclusively aimed at entrepreneurs (§ 14 of the German Civil Code – BGB) and commercial businesses.
  3. Any terms and conditions of the Customer that deviate from or conflict with these T&Cs shall not apply, even if funnellab GmbH does not expressly object to them.
  4. The version of these T&Cs valid at the time of booking shall apply.
  5. These T&Cs also apply to all future bookings made by the Customer.

§2 Services

  1. funnellab GmbH provides a digital recruiting software ("App") that enables Customers to independently plan, manage, and execute recruiting campaigns.
  2. The services include the creation of automated recruiting campaigns, such as ad texts, creatives, landing pages, and the execution of targeted online advertising (e.g. on Meta, Google, LinkedIn, TikTok).
  3. The content and features of the software may be continuously updated or extended.
  4. The specific services result from the booking process as shown within the App. No individual offers will be issued.
  5. funnellab GmbH may use third-party providers to perform parts of the services.
  6. The right to use the services is non-transferable.

§3 Conclusion of Contract

  1. The contract for the use of the recruiting software is concluded when the Customer books a campaign via the App.
  2. The presentation of services within the App does not constitute a legally binding offer. The Customer submits a binding offer by completing the booking, which is accepted by funnellab GmbH through confirmation or activation of the campaign.

§4 Fees

  1. The Customer pays a flat fee called the "Recruiting Budget", which covers all costs for using the software, campaign setup, and advertising budget.
  2. The amount of the Recruiting Budget is clearly stated during the booking process in the App.
  3. There are no additional set-up fees or one-time charges.
  4. Payment is due prior to the start of the booked month. Accepted payment methods are shown during the booking process.
  5. In the event of delayed payment, funnellab GmbH is entitled to pause access to the App or any active campaigns.
  6. Once a campaign month has started, no refund will be issued – even if the Customer ends the campaign early.

§5 Term, Renewal & Termination

  1. Each booking is valid for one calendar month starting on the date selected during the booking process.
  2. The contract automatically renews for one additional month unless the Customer cancels by the last day of the current month via the App.
  3. Termination can be made directly in the App and becomes effective at the end of the current month.
  4. Early termination during the campaign month is possible but does not affect the obligation to pay for the full booked month.

§6 Usage Rights

  1. For the duration of the campaign, the Customer receives a simple, non-transferable right to use the materials created by funnellab GmbH (e.g. creatives, landing pages, chatbots).
  2. funnellab GmbH receives an exclusive, unlimited, worldwide right to use all data collected during the campaign (especially applicant data), within the scope of the respective data subject’s consent.
  3. The Customer receives a limited right to use the applicant data solely for the purpose of the recruiting campaign. This right ends four weeks after the campaign ends or earlier if an applicant is rejected.

§7 Right of Withdrawal

There is no statutory right of withdrawal, as contracts are concluded exclusively with entrepreneurs (§ 14 BGB).

§8 Liability

  1. funnellab GmbH is liable according to statutory provisions, with the following limitations:
    a. In cases of intent or gross negligence, or for damages resulting from injury to life, body or health, liability is unlimited.
    b. In cases of slight negligence, funnellab GmbH is only liable for typical, foreseeable damages resulting from a breach of essential contractual obligations.
  2. Liability for indirect or consequential damages, in particular loss of profit, is excluded.
  3. Liability for guaranteed properties or fraudulent concealment remains unaffected.

§9 Third-Party Rights & Indemnity

  1. The Customer grants funnellab GmbH the right to use the Customer’s brands, logos and content as needed for executing the campaign.
  2. The Customer warrants that any material provided is free of third-party rights and indemnifies funnellab GmbH from any third-party claims arising therefrom.

§10 Reference Use

funnellab GmbH is entitled to name the Customer as a reference and to use their brands, logos and names for marketing purposes. Deviations must be agreed in writing.

§11 Data Protection

The Parties act as separate controllers under applicable data protection law (DSGVO/GDPR). The Customer agrees to use applicant data exclusively for recruiting purposes and to delete data of rejected applicants unless valid consent for further storage has been obtained.

§12 Final Provisions

  1. Amendments and supplements to these T&Cs must be made in text form.
  2. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
  3. Place of performance and jurisdiction is Hamburg, Germany, where legally permissible.
  4. If any provision of these T&Cs is or becomes invalid, the remaining provisions shall remain unaffected. The Parties agree to replace the invalid provision with one that most closely reflects its economic intent.