Terms of Service

1. Scope and provider

These terms govern the use of the website scantopitch.com including the waitlist and the software-as-a-service application "ScanToPitch" (together the "service") of DigitalToolsList Extended UG (haftungsbeschränkt), Paalende 26, 22149 Hamburg, Germany (the "provider", "we"). This English version is a courtesy translation; the German version (AGB) is legally authoritative.

The service is available to entrepreneurs within the meaning of § 14 German Civil Code (BGB) as well as consumers within the meaning of § 13 BGB. Where provisions apply to only one group, this is stated explicitly.

Deviating terms of the customer do not apply unless we expressly agree to them in writing.

2. Description of the service

ScanToPitch is an application for researching and analyzing potential business contacts. Its features include in particular:

• Finding businesses via public directory and map services (area scans and single-URL scans),
• Automated technical and design analysis of publicly accessible business websites, including scores, screenshots, and problem lists,
• Extraction of business contact data exclusively from the respective business's own public website,
• AI-assisted drafting of outreach emails and call scripts,
• Organization in lists, follow-up reminders, and export functions (CSV, Excel, JSON).

3. Waitlist and beta phase

Joining the waitlist is free and non-binding; there is no entitlement to access the service. During a beta phase, the feature set may be limited and may change; beta access may be revoked.

4. Conclusion of contract, prices, and payment

A free account is created by confirming the sign-in link.

Paid plans and credit packages are sold via our payment provider Polar Software Inc. acting as merchant of record. To that extent, the purchase contract for the payment is concluded with Polar; we remain responsible for providing the service. Polar’s terms, shown during checkout, apply in addition.

Unless stated otherwise, all prices are exclusive of statutory VAT; where VAT applies, Polar calculates and displays it during checkout. The prices shown at the time of ordering apply.

Automatic top-up ("auto top-up"): customers can optionally enable automatic top-ups in their account. In that case, with the customer's express consent, the payment method stored with Polar is charged automatically ("off-session") whenever the credit balance falls below the threshold chosen by the customer; the credit package selected by the customer is then added to the account. Consent is voluntary, is not pre-selected, and can be revoked at any time in the account with effect for the future. Every automatic charge is shown in the account's credit ledger.

5. Credits and consumption

Certain features (in particular scans and AI generations) consume credit units ("credits"). Subscriptions include a monthly credit budget; additional credits can be purchased as packages. The respective budgets and per-feature costs are shown in the application. Unused subscription credits are retained for as long as the subscription is active.

Expiry at the end of the contract: When the subscription ends, in particular after a cancellation upon expiry of the last paid billing period, the credits from the subscription remaining at that time as well as other bonus credits (such as starter or referral credits) expire. Credits from separately purchased credit packages are retained and can continue to be used with the features of the free plan. The expiry is shown in the account's credit history and announced in the application before the contract ends.

New accounts may receive free starter credits (currently 80 credits, once per account and email address, no payment method required). There is no entitlement to free credits.

Refunds of orders: if an order is refunded or reversed (for example after withdrawal or via Polar), the full credit grant of that order is reversed. If the credits have already been consumed in whole or in part at that time, the balance can become negative as a result; paid features become available again only once the balance is settled. The customer's statutory refund rights remain unaffected.

Automatic credit refunds: if an area scan yields fewer businesses than requested, the credits attributable to the difference are automatically re-credited. If a scan fails, the credits debited for it are refunded automatically. Both refunds are shown in the account's credit ledger.

6. Refer a friend (promotion terms)

Customers can refer new customers via their personal referral link ("refer a friend"). If a referred person registers via this link for the first time and subsequently takes out their first paid subscription, both the referring and the referred person are credited reward credits. The amount depends on the chosen plan and is displayed in the application (currently 200 credits for Starter, 600 for Pro and 1,800 for Agency). Purchases of credit packages do not trigger a reward. No reward is granted for registration alone.

Reward credits are credits within the meaning of section 5; they have no cash value, are not transferable, and are not paid out.

Self-referral (referring one's own account or a further account of one's own) and any abusive participation are excluded. If the qualifying purchase is reversed (in particular refunded or withdrawn) or in cases of abuse, we may revoke the credited reward credits on both sides.

Participation takes place exclusively via the personal referral link or code; we ourselves do not send invitation emails to referred persons. Participants share their referral link exclusively in person with people they know. No advertising takes place in our name or on our behalf; in particular, mass, public, or otherwise unfair distribution of the link is prohibited. Participants are themselves responsible for the lawfulness of sharing the link (in particular § 7 German UWG).

The referral program is a voluntary promotion. We may change or end it at any time with effect for the future; rewards already earned by then remain unaffected. There is no entitlement to the continuation of the program.

7. Right of withdrawal for consumers

Consumers have the following statutory right of withdrawal. Entrepreneurs have no right of withdrawal.

Withdrawal instruction

Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day the contract is concluded. To exercise the right, you must inform us (DigitalToolsList Extended UG (haftungsbeschränkt), Paalende 26, 22149 Hamburg, email: bdoerffer@digitaltoolslist.com) by an unambiguous statement (e.g. an email) of your decision to withdraw. You may use the model withdrawal form below, which is not mandatory. Sending the notification before the withdrawal period expires is sufficient to meet the deadline.

Consequences of withdrawal: If you withdraw, we shall reimburse all payments received from you without undue delay and at the latest within fourteen days from the day we receive your notification, using the same means of payment you used, unless agreed otherwise. If you requested that the service begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of services already provided.

Special note: for contracts on digital content/services, the right of withdrawal expires early if you have expressly consented to us beginning performance before the end of the withdrawal period and confirmed your knowledge that the right thereby expires (§ 356(5) BGB). We obtain this consent during checkout. This consent is obtained during checkout; checkout is operated by our payment provider Polar.

Model withdrawal form: To DigitalToolsList Extended UG (haftungsbeschränkt), Paalende 26, 22149 Hamburg, email: bdoerffer@digitaltoolslist.com — I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service: … / Ordered on (*): … / Name of consumer(s): … / Address of consumer(s): … / Signature (only for paper notification) / Date. (*) Delete as appropriate.

8. Customer obligations — lawful use

The customer undertakes to use the service only within the bounds of applicable law. In particular:

• Contact data researched via the service may only be used in compliance with unfair-competition law (in particular § 7 German UWG: no unacceptable harassment; email marketing generally requires consent) and data protection law (GDPR). The customer is solely responsible for the lawfulness of their own outreach.
• Exported data may only be used for the customer’s own business development; resale, publication, or building competing databases is prohibited.
• Access credentials must be kept secret; accounts are not transferable. Automated access (scraping the service, reverse engineering) is prohibited.
• The customer indemnifies us against third-party claims based on the customer’s unlawful use of the service, including reasonable costs of legal defense.

9. Temporary account suspension

We may temporarily suspend ("freeze") an account in whole or in part where there is good cause to do so. Good cause exists in particular where there are objective indications of abuse or fraud, of unusual or automated usage patterns, of a security risk (e.g. compromised access credentials), of unlawful use of the service, or of violations of these terms (in particular section 8). A suspension is limited in nature, scope, and duration to what is necessary; less severe measures — such as suspending individual features — take precedence.

We will inform the customer of the suspension without undue delay in text form, stating the reason where legally permissible. The customer is given the opportunity to respond and to remedy the cause; the suspension is lifted without undue delay once the cause no longer applies.

A suspension is not a termination; the contractual relationship continues and the customer’s statutory rights remain unaffected. Purchased credits are not forfeited merely because of the suspension. During a suspension, paid features (in particular scans and AI generations) may be wholly or partly unavailable.

10. Availability and changes to the service

We provide the service with reasonable care but do not owe a specific availability. Maintenance, further development, and outages of third-party services used (e.g. map, measurement, or AI providers) may lead to temporary limitations. We may evolve the feature set and appearance as long as the purpose of the contract is preserved; for consumers, §§ 327 et seq. BGB (changes to digital products) remain unaffected.

11. Usage rights, AI content, and results

The customer receives a simple, non-transferable right to use the service for the term of the contract, and a simple right to use exports and generated drafts for their own business purposes.

AI-generated drafts are suggestions and may contain errors; the customer reviews them before use. Analyses and scores are automated assessments without warranty of completeness or accuracy.

AI-generated content is labeled as such in the application (transparency under Art. 50 AI Act). The service never sends messages on the customer’s behalf; sending is done solely by the customer, who remains responsible for lawful use (see section 8).

12. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body, or health, and under the German Product Liability Act.

In cases of simple negligence, we are liable only for damage resulting from the breach of essential contractual obligations (obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely), limited to the foreseeable damage typical for the contract.

Any further liability is excluded. Towards entrepreneurs, liability for simple negligence outside essential contractual obligations is excluded and otherwise limited to the order value of the last 12 months.

13. Term and termination

Subscriptions have the term shown during checkout (usually one month) and renew automatically unless terminated by the end of the term. Termination is possible at any time via the account or — for consumers — via the termination button on the website (§ 312k BGB); an email is also sufficient.

The right to extraordinary termination for good cause remains unaffected. After the contract ends, account data may be deleted in accordance with the privacy policy; the customer is responsible for backing up exports beforehand.

14. Changes to these terms

Amendments to these terms become effective for a customer only if the customer consents to them. We obtain this consent actively in the application: after a change, the new version (with its version identifier) is shown to the customer at their next sign-in, and acceptance is given by actively ticking a checkbox. Silence or mere continued use of the service does not constitute consent; no deemed (fictitious) consent applies.

Changes that materially affect a running subscription (in particular prices, core features, or term and termination rules) are additionally announced in text form (e.g. by email) at least [30 days] before they are intended to take effect. If the customer does not consent to the new version, the previous version continues to apply to their running subscription until the end of the current billing period; in that case, either party may terminate the contract with effect from the end of the term (section 13). The announcement will point out these consequences.

Purely editorial adjustments without substantive effect and changes required by mandatory statutory or regulatory requirements remain unaffected; we inform customers about these as well together with the new version. The version accepted by the customer and the time of acceptance are documented in the customer’s account.

15. Data protection

Information on the processing of personal data can be found in the privacy policy and — for the businesses analyzed inside the application — in the data subject notice.

16. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of their habitual residence.

If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is Hamburg.

The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Should individual provisions of these terms be invalid, the validity of the remaining provisions remains unaffected.