Trailmaker

B2B terms of use

Terms of Service

Last updated: [EDIT date]

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  1. §1 Scope

    These terms apply to all contracts between Trailmaker ("Provider") and business users under § 14 BGB ("Customer") using the Trailmaker service. Deviating terms of the Customer do not apply unless the Provider agrees in writing.

  2. §2 Contract conclusion

    The contract is concluded upon completing registration or, for paid plans, upon successful payment authorization via our payment provider. The Provider confirms the contract by email.

  3. §3 Scope of services

    The Provider supplies a Software-as-a-Service platform for creative strategy analysis. The concrete feature set follows from the plan description. The Provider may evolve the feature set as long as the core functionality remains.

  4. §4 Usage rights

    The Customer receives a simple, non-transferable right to use the service for the contract term. Content the Customer uploads (brand data, briefs, performance exports) remains the Customer's property. The Customer grants the Provider the right to process this content to deliver the service.

  5. §5 Fees and payment

    Fees follow from the chosen plan and are paid monthly or annually in advance. Billing runs through Stripe. In case of late payment, the Provider may limit or suspend the service after a reminder.

  6. §6 Term and termination

    Monthly plans are terminable at any time to the end of the current billing period. Annual plans renew automatically for another year unless terminated at least 30 days before expiry. Termination is by text form to billing@trailmaker.app or via account settings.

  7. §7 Changes to the terms

    The Provider may amend these terms with reasonable notice of at least 30 days. The Customer is informed by email. If they do not object within 30 days, the new terms are deemed accepted. Upon objection the Customer may terminate the contract extraordinarily.

  8. §8 Liability

    The Provider is liable without limit for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act. For slight negligence the Provider is liable only for breach of material contractual duties and limited to typically foreseeable damage. Liability for indirect damages, lost profits or data loss is excluded in that case.

  9. §9 Data protection and processing

    Processing of the Customer's personal data is governed by our Privacy Policy and the separate Data Processing Agreement (DPA), which becomes binding between the parties upon use of the service.

  10. §10 Final provisions

    German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Exclusive place of jurisdiction for all disputes is [EDIT jurisdiction], if the Customer is a merchant. Should any provision be invalid, this does not affect the validity of the remaining provisions.

  11. §11 Provision of the Service - As-Is

    To the maximum extent permitted by applicable law, the Service is provided AS IS and AS AVAILABLE. We make no warranties regarding uninterrupted availability, freedom from errors, or that the Service will achieve any particular commercial outcome. Brand, market, and creative recommendations are suggestions based on available data - they are not promises of success.

  12. §12 Limitation of Liability

    To the maximum extent permitted by applicable law, our aggregate liability to B2B customers for all claims arising out of or related to the Service is limited to the amount you paid to Trailmaker in the 12 months prior to the event giving rise to the claim. Indirect, incidental, consequential, special, punitive, or exemplary damages - including loss of profits, data, reputation, or goodwill - are excluded. These limitations do not apply to damages caused by wilful misconduct or gross negligence, personal injury, or to the extent mandatory consumer protection law disallows them (see Consumer Carveout).

  13. §13 Indemnification

    You agree to indemnify and hold harmless Trailmaker, its owners and personnel from any third-party claims arising out of (a) your content, (b) your use of the Service in breach of these Terms or the Acceptable Use Policy, or (c) your violation of applicable law (particularly CAN-SPAM, TCPA, GDPR, intellectual property law). Trailmaker reserves the right to assume the exclusive defence of any such matter with your cooperation.

  14. §14 Governing law and venue

    These Terms are governed by the laws of Austria, excluding its conflict-of-laws principles and the UN Convention on Contracts for the International Sale of Goods. The exclusive venue for B2B disputes is the competent court in Vienna, Austria. US customers acting as consumers retain additional protections under the consumer-protection law of their US state of residence - see the following paragraph.

  15. §15 Consumer carveout

    Trailmaker is directed at B2B customers (brands, agencies). If an individual US consumer happens to use the Service privately, mandatory state consumer-protection rules cannot be waived. Rights under FTC Consumer Protection and state consumer-protection laws remain unaffected.

  16. §16 Dispute resolution

    Before filing suit, both parties commit to attempt an amicable resolution by email or video call within 30 days of a written complaint. Optional arbitration clause: with the agreement of both parties, the dispute may be resolved by ICC arbitration in Vienna (German language). This clause does not create an obligation to arbitrate for US consumers.

  17. §17 Acceptable Use

    You agree to comply with the Acceptable Use Policy at /legal/acceptable-use. Violations may result in immediate account suspension without refund.

  18. §18 Entire agreement

    These Terms together with the Privacy Policy, the DPA, the Acceptable Use Policy, and the SLA constitute the entire agreement between you and Trailmaker. If any provision is held invalid, the remainder remains in force. Modifications require our agreement in text form.