General Terms and Conditions (GTC)

This is a translation for your convenience. The legally binding version is the German original at closercart.com/legal/agb.

For the use of the CloserCart software by businesses. Version: 9 July 2026.

§ 1 Scope and contracting parties

(1) These GTC apply to all contracts on the use of the software-as-a-service platform CloserCart (closercart.com and app.closercart.com) between ScaleFaktor L.L.C., 30 N Gould St, Ste N, Sheridan, WY 82801, USA (hereinafter "Provider") and its customers.

(2) The offering is directed exclusively at businesses within the meaning of § 14 BGB. By registering, the customer confirms that they are acting in the exercise of their commercial or independent professional activity. There is no right of withdrawal for consumers.

(3) Deviating terms of the customer do not apply unless the Provider expressly agrees to their validity in text form.

§ 2 Subject matter and scope of services

(1) CloserCart is a software for handling high-ticket sales: checkout links, live control of offers, digital contract signing with documentation, payment integration, dunning, as well as integrations (e.g. CRM and community platforms). The respective current scope of functions of the booked plan results from the service description on closercart.com.

(2) The Provider is neither a payment service provider nor a reseller. Payments from the customer's end customers flow exclusively through the customer's own payment provider accounts (e.g. Stripe, PayPal). The customer alone becomes the contracting party of the end customers.

(3) Templates provided by CloserCart (e.g. contract or dunning texts) are non-binding samples. They do not replace legal or tax advice; the customer is responsible for their suitability in the specific individual case.

§ 3 Conclusion of contract, term, and termination

(1) The contract is concluded upon completion of registration and payment of the trial phase fee. The trial phase lasts 14 days and costs a one-time 1 €. After the trial phase ends, the contract automatically renews into the selected plan at the price then displayed, unless the customer terminates beforehand.

(2) Monthly plans have a term of one month and renew by one additional month each; they can be terminated at any time as of the end of the current billing month. Annual plans have a term of twelve months, renew by a further twelve months each, and can be terminated as of the end of the respective term.

(3) Termination is carried out via the account settings or informally by email to [email protected]. The right to extraordinary termination for good cause remains unaffected.

(4) After the contract ends, access is deactivated. The customer is responsible for exporting their data (in particular contract documents) beforehand; on request, the Provider assists with the export within 30 days after the contract ends.

§ 4 Prices and payment

(1) The prices shown on closercart.com at the time of the order apply. Additional user seats (closer seats) are charged according to the price list per commenced billing period.

(2) Billing is carried out in advance via the payment service provider Stripe. The customer must ensure a valid payment method. In the event of a failed payment, the Provider may block access after a reasonable grace period until payment is received.

(3) Conditions marked as introductory prices continue to apply to existing customers even after a general price adjustment, as long as the respective plan remains booked without interruption. The Provider announces price changes for ongoing contracts at least six weeks in advance in text form; in this case, the customer may terminate extraordinarily as of the time the change takes effect.

§ 5 Customer's obligations

(1) The customer uses CloserCart exclusively for lawful purposes and ensures that their offers, content, contracts, and legal texts comply with the laws applicable to them (in particular consumer protection, distance selling, tax, and authorization regulations such as the FernUSG).

(2) The customer is the controller for the data of their end customers and configures their tax settings (e.g. VAT mode) on their own responsibility. The Provider does not provide legal or tax advice.

(3) Access data and login links are to be treated confidentially. The customer ensures that users invited by them (e.g. closers) comply with these GTC; their actions are attributed to the customer.

(4) Abusive use, in particular for unlawful, deceptive, or third-party-directed offers, entitles the Provider to immediate blocking and extraordinary termination.

§ 6 Availability and support

(1) The Provider renders the service with an availability of 99 % on an annual average, measured at the transfer point of the data centers. Excluded are scheduled maintenance windows, outages of third-party providers (e.g. payment service providers), and events of force majeure.

(2) Support is provided by email to [email protected] in German; a response is generally provided on working days within 24 hours.

§ 7 Liability

(1) The Provider is liable without limitation for intent, gross negligence, as well as for injury to life, body, or health.

(2) In the case of simple negligence, the Provider is liable only for the breach of essential contractual obligations (cardinal obligations), limited to the contract-typical, foreseeable damage, but at most to the fees paid by the customer in the last twelve months before the damaging event.

(3) The Provider is not liable for the economic success of the customer's offers, for decisions of payment providers (e.g. account blocks, chargebacks), or for the legal effectiveness of the contracts concluded by the customer. Liability under mandatory statutory provisions remains unaffected.

§ 8 Data protection and data processing

(1) The Provider processes personal data in accordance with the privacy policy.

(2) Insofar as the Provider processes personal data of the customer's end customers, this is done as a processor within the meaning of Art. 28 GDPR. The parties conclude a data processing agreement for this at the customer's request; until then, the obligations under Art. 28 (3) GDPR are deemed correspondingly agreed.

§ 9 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is, insofar as legally permissible, the Provider's registered office in Sheridan, Wyoming, USA.

(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.