These Terms of Service govern the paid business-to-business pilot services offered under the name "Pipescaler" by Bohsung & Kellner GbR, Pistoriusstrasse 118A, 13086 Berlin, Germany, trading as Pipescaler, email: shervin@pipescaler.com. These terms apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Consumers are excluded.
Together with the applicable order form, statement of work, or other signed commercial document, and any data processing agreement (DPA), these terms form the agreement between Pipescaler and the customer. In the event of a conflict, the signed order form or statement of work prevails on commercial and pilot-specific matters, the DPA prevails on personal data processing matters, and these terms prevail for all other matters unless the parties expressly agree otherwise in writing. Deviating customer terms do not apply unless Pipescaler expressly accepts them in writing.
Pipescaler provides a managed outbound pilot service and related software features. Depending on the applicable order form, the services may include onboarding and strategy workshops, ideal customer profile and messaging alignment, registration or coordination of outreach domains, DNS and mailbox configuration, inbox warm-up, sourcing and enrichment of prospect data, research and personalization, drafting of email sequences and follow-ups, campaign execution, forwarding or handover of interested replies, and pilot reporting.
The exact scope, service volumes, timeline, commercial terms, and any success-based fee logic are defined in the applicable order form. Unless expressly stated otherwise in the order form, Pipescaler does not provide legal advice, sales guarantees, or an obligation to deliver a minimum number of meetings, replies, or other commercial outcomes.
The customer shall provide timely access, information, approvals, and reasonable cooperation required for the pilot, including accurate onboarding information, product and messaging inputs, lawful target criteria, required domain or inbox approvals, and any internal suppression or opt-out lists. Pipescaler may rely on customer-provided information and customer-approved copy, claims, targeting instructions, and sender identities.
Delays in approvals, access, data, or other dependencies may delay or pause the pilot. Pipescaler is not responsible for delays or reduced performance caused by missing or late customer cooperation. Unless otherwise agreed in writing, work already performed and third-party costs already committed for the pilot remain payable even if customer dependencies are delayed.
The customer may use Pipescaler only for lawful business purposes and only in compliance with applicable law. The customer remains responsible for the lawful basis for its outreach strategy, the accuracy of customer-provided claims and materials, internal do-not-contact and suppression lists, and any approvals required for the customer's products, services, or regulated claims. Pipescaler is responsible for performing the agreed services in a professional manner and for applying the operational instructions, suppressions, and approval status made available by the customer.
The following are prohibited:
The customer authorizes Pipescaler to process customer data, prospect data, campaign data, and related business contact information as necessary to perform the pilot services. Prospect data may originate from the customer, from publicly available sources, or from third-party data and enrichment providers selected by Pipescaler or approved by the customer. The customer represents that it has a lawful basis for the customer data and instructions it provides to Pipescaler and for the intended outreach strategy.
To the extent Pipescaler processes personal data on the customer's behalf, the applicable DPA governs that processing. Depending on the data category and service function, the parties may also act as independent controllers for their own legal obligations, security logging, billing, vendor management, and compliance purposes. The customer must provide current suppression, opt-out, and similar restriction lists where required for lawful campaign execution.
Pipescaler may use affiliates, subcontractors, and third-party providers for hosting, infrastructure, AI services, research, enrichment, email delivery, domains, DNS, analytics, security, and communications. Pipescaler remains responsible for the performance of its subcontracted obligations under this agreement, subject to the agreed limitations of liability. If a third-party provider is used under the customer's own account or contract, the customer is responsible for complying with that provider's applicable terms and usage restrictions.
To the extent the pilot includes access to the Pipescaler application or other accounts, credentials may be used only by authorized users of the customer. The customer must keep access credentials confidential, use reasonable security measures, and notify Pipescaler without undue delay of suspected unauthorized access, misuse, or security incidents affecting the services. Pipescaler may implement reasonable technical and organizational measures, including rate limits, abuse prevention controls, and authentication requirements.
Each party shall keep confidential all non-public information disclosed by the other party in connection with the pilot that is designated as confidential or that should reasonably be understood to be confidential by its nature, including business plans, customer materials, product information, pricing, campaign strategy, prospecting outputs, technical information, and non-public commercial terms. The receiving party may use confidential information only for the purpose of performing or receiving the services under the agreement and may disclose it only to personnel, professional advisers, and subcontractors who need to know it and who are bound by confidentiality obligations.
The confidentiality obligations do not apply to information that is or becomes public without a breach of this agreement, was already lawfully known without restriction, is lawfully received from a third party without restriction, or is independently developed without use of the other party's confidential information. A receiving party may disclose confidential information where required by law or binding order, provided it gives prior notice where legally permitted.
Pipescaler and its licensors retain all rights, title, and interest in the Pipescaler platform, software, models, workflows, templates, methodologies, know-how, and other background intellectual property. The customer retains all rights in its trademarks, product information, messaging materials, internal data, and other customer-provided materials.
Subject to full payment of the fees due under the applicable order form, the customer may use the customer-specific deliverables created for the pilot for its internal business purposes. Unless otherwise agreed in the order form, customer-specific outreach domains, inboxes, customer-approved sequences, reports, and deliverables prepared specifically for the customer are intended for the customer's use after the pilot, but Pipescaler retains all rights in its underlying tools, generic templates, processes, and residual know-how that do not contain the customer's confidential information.
Fees, invoicing milestones, and any success-based fees are set out in the applicable order form. Unless the order form states otherwise, invoices are payable within fourteen days of receipt and all amounts are non-cancellable and non-refundable except as required by mandatory law or as expressly stated in the agreement. The customer may not withhold, deduct, or set off amounts except for undisputed or finally adjudicated claims.
All fees are exclusive of value added tax, sales tax, withholding tax, and similar taxes, except taxes imposed on Pipescaler's net income. If the customer is legally required to withhold tax, the parties shall cooperate in good faith to minimize the withholding and provide applicable documentation. Overdue amounts may bear statutory default interest and Pipescaler may recover reasonable collection costs to the extent permitted by law.
The pilot may involve iterative testing, operational adjustments, and use of third-party tools or infrastructure. Pipescaler may refine workflows, tooling, and methods during the pilot, but will not materially reduce the agreed scope without the customer's consent unless required for security, legal, compliance, or vendor reasons.
Pipescaler will perform the services with reasonable skill and care consistent with ordinary industry practice. However, the customer acknowledges that deliverability, inbox placement, open rates, reply rates, meetings, and other campaign outcomes depend on factors outside Pipescaler's reasonable control, including customer responsiveness, approval speed, market conditions, sender reputation, domain age, third-party provider policies, and prospect behavior. Except as expressly set out in the agreement, Pipescaler does not guarantee a specific business result, campaign metric, or uninterrupted availability.
Pipescaler may suspend all or part of the services to the extent reasonably necessary to address a material security risk, unlawful use, sanctions or export-control concerns, material breach of the agreement, non-payment after notice where applicable, or a material failure by the customer to provide required cooperation or approvals. Where practicable, Pipescaler will give prior notice and use commercially reasonable efforts to limit the scope and duration of the suspension.
The agreement begins on the effective date stated in the order form and continues for the fixed pilot term stated there, unless terminated earlier in accordance with the agreement. Unless the order form expressly provides otherwise, neither party may terminate the pilot for convenience before the end of the agreed term. Either party may terminate for cause if the other party materially breaches the agreement and fails to cure the breach within a reasonable written cure period, unless the breach is not capable of cure.
On expiry or termination, Pipescaler will stop performing the services after any agreed wind-down activities, and the customer remains responsible for all fees accrued, fees for work already performed, and committed third-party costs incurred for the pilot. Subject to full payment, Pipescaler will provide a reasonable handover of customer-specific deliverables contemplated by the order form. Pipescaler may retain copies of data and records to comply with legal, regulatory, accounting, security, or backup obligations.
Pipescaler is liable without limitation in cases of intent and gross negligence, for injury to life, body, or health, in cases of fraudulent concealment, under the Product Liability Act, and to the extent Pipescaler has expressly assumed a guarantee. The same applies to mandatory liability under applicable data protection law to the extent such liability cannot lawfully be limited.
In cases of simple negligence, Pipescaler is liable only for breach of an essential contractual obligation, and such liability is limited to the typical, foreseeable damage. Subject to the unlimited liability categories above, Pipescaler's aggregate liability arising out of or in connection with the applicable pilot shall not exceed the total fees paid or payable by the customer under the applicable order form. To the extent permitted by law, neither party shall be liable for indirect or consequential damages, lost profits, loss of revenue, loss of goodwill, or loss of data, except where such damages arise from intent, gross negligence, or the unlimited liability categories stated above.
The customer shall indemnify Pipescaler, its partners, employees, and subcontractors against third-party claims arising from customer materials, customer-provided data, customer instructions, alleged unlawful outreach strategy supplied or approved by the customer, or the customer's breach of the agreement. Pipescaler shall indemnify the customer against third-party claims alleging that the core Pipescaler services, excluding customer materials and customer-directed combinations, directly infringe third-party intellectual property rights. The indemnified party must promptly notify the indemnifying party of the claim, allow reasonable control of the defense, and provide reasonable cooperation.
Neither party is liable for delay or failure to perform to the extent caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, epidemics, internet or telecommunications failures, cloud or infrastructure outages, domain or mailbox provider restrictions, governmental actions, or interruptions affecting critical suppliers. The affected party shall notify the other party without undue delay and use reasonable efforts to mitigate the impact.
Legal notices under the agreement must be sent in text form to the contacts stated in the order form or, for Pipescaler, to shervin@pipescaler.com. Operational day-to-day communications may be handled through the project channels used by the parties for the pilot. Electronic signatures, scanned signatures, and counterparts are effective to the extent permitted by applicable law.
Neither party may use the services in a manner that violates applicable export control, sanctions, anti-corruption, or anti-money laundering laws. The customer shall not instruct Pipescaler to target prohibited jurisdictions, sanctioned parties, or restricted industries where the agreed services would be unlawful.
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Exclusive place of jurisdiction for all disputes arising from or in connection with the agreement shall be Berlin, to the extent legally permissible.
Amendments and supplements to the agreement must be made in text form unless a stricter form is required by law. The customer may not assign the agreement without Pipescaler's prior written consent, except in connection with a transfer of substantially all of its business relating to the agreement. Should any provision of the agreement be or become invalid, the validity of the remaining provisions remains unaffected.
The contract language for this English version is English. If the parties sign an order form in a different language, the order form governs its own language and interpretation rules.
Berlin, 31 March 2026