Terms of Service
This English translation is provided for convenience only. The legally binding version of these Terms of
Service is the German version (Allgemeine Geschäftsbedingungen). In the event of any
discrepancy, the German version prevails.
Section 1: Provider, Scope, Business Customers
- These Terms of Service (the "Terms") govern all contracts for the use of the software-as-a-service solution KS CRM (the "Service") between
Khan Solutions (sole proprietorship)
Owner: Bilal Khan
Martin-Luther-Straße 30
46284 Dorsten, Germany
Email: [email protected]
VAT ID: DE366406489
(the "Provider") and the customer. - The Service is offered exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Contracts with consumers (Section 13 BGB) are excluded. By registering, the customer confirms that it is acting in the exercise of its trade, business or profession.
- Any terms and conditions of the customer that conflict with or deviate from these Terms do not become part of the contract, even if the Provider performs while aware of such terms, unless the Provider expressly agrees to their application in text form.
- Individually negotiated agreements take precedence over these Terms (Section 305b BGB).
Section 2: Subject of the Contract
- The Provider makes available to the customer a web-based CRM software for managing contacts, leads, orders, tasks, automations and related business processes as software-as-a-service via the internet. Each customer receives its own logically separated workspace with its own subdomain and its own database.
- The scope of functions results from the service description of the selected plan on kscrm.de as applicable at the time the contract is concluded.
- The Service is operated in data centers located in Germany. The point of delivery is the router exit of the data center. Establishing and maintaining the customer's internet connection and providing suitable end devices are not part of the contract.
- The software is not provided in copyable form, and no source code is provided.
Section 3: Conclusion of Contract, Free Plan and Free Months
- The presentation of the Service on the website does not constitute a binding offer. The contract is concluded when the customer completes the registration process, confirms their email address and the Provider activates access. There is no entitlement to conclusion of a contract; the Provider may reject registrations without stating reasons.
- The Provider offers a free plan (the "Free Plan") with a limited scope of use (in particular a limited number of users and limited storage; details as per the service description pursuant to Section 2 (2)). The Free Plan is available only within the quota available at the time; there is no entitlement to conclusion, to continuation after termination or to renewed conclusion. No more than one Free Plan account is permitted per customer (including its affiliated companies).
- The Free Plan has a term of three months from activation. The term renews for successive three-month periods unless the Provider notifies the customer in text form no later than 14 days before the end of the then-current term that the Free Plan will not be renewed. Instead of non-renewal, the Provider may offer the customer an upgrade to a paid plan; if the customer does not accept that offer by the end of the then-current term, the contract ends upon its expiry without notice of termination being required. The customer may terminate the Free Plan at any time without notice.
- Upon termination of the Free Plan, Section 9 (3) applies to the customer data (export available for 30 days, followed by deletion). An upgrade to a paid plan is possible at any time — including after receipt of a non-renewal notification until the end of the term; in that case the workspace, including all data, continues seamlessly.
- Upon the first conclusion of a paid plan with an annual term, the Provider grants the first two months of the term free of charge (the "Free Months"). The Free Months apply only once per customer (including its affiliated companies) and do not apply to monthly terms; Section 10 remains unaffected in all other respects.
Section 4: Rights of Use
- For the term of the contract, the customer receives the non-exclusive, non-transferable and non-sublicensable right to use the Service to the extent agreed in the contract (in particular the number of users under the selected plan) for its own business purposes.
- The customer is not entitled to make the Service available to third parties, whether for payment or free of charge. Employees of the customer and persons using the Service as intended on the customer's behalf are not third parties.
- The Provider acquires no rights of use in the data stored by the customer in the Service, except to the extent required for performance of the contract (including data backup and technical operation).
Section 5: AI Features
- The Service includes optional AI-supported features (e.g. an AI assistant). To provide these features, the Provider uses external AI service providers as sub-processors; details are set out in the Privacy Policy and the Data Processing Agreement. Content is transmitted to the AI service provider only when the customer actively uses an AI feature.
- AI-generated output is produced automatically and may be inaccurate or incomplete. It is a working aid and does not replace the customer's own review. The customer reviews AI-generated content before using it for business purposes.
- The Provider may modify, replace or discontinue AI features to the extent reasonable for the customer; Section 12 applies accordingly.
Section 6: Availability and Maintenance
- The Provider owes an availability of the Service of 99% on an annual average, measured at the point of delivery.
- The following are disregarded when calculating availability: (a) announced maintenance windows (generally announced at least 48 hours in advance and scheduled outside usual business hours where possible), (b) outages caused by force majeure or other circumstances not attributable to the Provider, and (c) interruptions due to a justified suspension under Section 14.
- The Provider remedies disruptions of the Service within a reasonable period. Disruptions can be reported to [email protected].
Section 7: Support
- The Provider offers support for questions concerning the use of the Service by email on working days (Monday to Friday, excluding German public holidays).
- Response times and extended support services depend on the selected plan.
Section 8: Customer Obligations
- The customer keeps its access credentials confidential, protects them against access by unauthorized persons and informs the Provider without undue delay if misuse is suspected. The customer ensures that each user account is used only by the authorized person.
- The customer uses the Service only in accordance with applicable law and does not infringe third-party rights. In particular, the following are prohibited: use for unlawful purposes, sending unsolicited advertising (spam), uploading malware, and any actions that impair the security, integrity or availability of the Service.
- The customer is solely responsible for the lawfulness of the content and data it processes in the Service — in particular for ensuring that the processing of personal data of its contacts rests on a valid legal basis and that it complies with its obligations as a controller under data protection law.
- Before reporting a disruption, the customer carries out reasonable checks within its own sphere of responsibility (end devices, internet access, browser) and supports the Provider in analyzing disruptions to a reasonable extent.
Section 9: Customer Data, Backups, Data Export
- The Provider creates regular backup copies of the customer data stored in the Service. These backups do not replace the customer's own backups of business-critical data using the export functions provided. There is no entitlement to restoration of individual records deleted by the customer itself.
- During the term of the contract, the customer may export its data at any time in a common, machine-readable format using the export functions provided.
- After the end of the contract, the Provider keeps the export option available for a further 30 days. The Provider then deletes the customer data unless statutory retention obligations require otherwise. The provisions of the Data Processing Agreement remain unaffected.
Section 10: Fees and Payment
- Fees are based on the selected plan in accordance with the price list on kscrm.de applicable at the time of ordering. All prices are exclusive of statutory VAT.
- Depending on the selected plan, billing takes place monthly or annually in advance. Payments are processed via the payment service provider Stripe; the payment methods offered in the order process apply. Invoices are provided electronically.
- If the customer defaults on payment, the statutory rules apply (Sections 286, 288 BGB). The right of suspension under Section 14 remains unaffected.
- The customer may set off only undisputed claims or claims established by final judgment. The customer may assert a right of retention only for counterclaims arising from the same contractual relationship.
Section 11: Price Changes
- The Provider may adjust prices with effect for the future to the extent that the costs relevant for pricing change (in particular costs for data center and infrastructure services, third-party licenses and AI service providers, personnel). Price increases are announced to the customer in text form at least six weeks before they take effect and apply at the earliest from the next renewal of the contract.
- If the price increases, the customer may terminate the contract with effect from the date the increase takes effect. The Provider points this out in the announcement.
Section 12: Further Development and Changes to the Service
- The Provider continuously develops the Service and may modify it, provided the modification does not materially restrict the contractually agreed scope of functions and is reasonable for the customer, taking the Provider's interests into account.
- Material restrictions of the scope of functions are announced in text form at least six weeks in advance; in that case the customer may terminate the contract with effect from the date the change takes effect.
Section 13: Term and Termination
- Depending on the selected plan, the contract for a paid plan runs for one month or one year and renews automatically for the same period unless terminated with effect from the end of the then-current term. The term and termination of the Free Plan are governed by Section 3 (3) and (4).
- Termination is possible at any time with effect from the end of the current term — via the cancellation function in the member area or in text form (email to [email protected] is sufficient).
- The right to terminate for good cause remains unaffected. Good cause for the Provider exists in particular if the customer is in default of payment for two consecutive billing periods or persistently breaches Section 8 (2).
- For the consequences of termination for customer data, see Section 9 (3).
Section 14: Suspension
- The Provider may temporarily suspend the customer's access if (a) there are concrete indications that the customer is using the Service unlawfully or infringing third-party rights, (b) suspension is necessary to avert threats to the security or integrity of the system, or (c) the customer is in default of payment of a not insignificant amount and suspension was previously threatened with a deadline. In cases (a) and (b), suspension may occur without prior notice in urgent cases.
- Suspension is limited to the extent necessary and lifted as soon as its reason no longer applies. The customer's payment obligation remains unaffected by a justified suspension.
Section 15: Defects
- The statutory rules of German lease law (Sections 535 et seq. BGB) apply, with the following modification: the Provider's strict (no-fault) liability for defects already existing at the time the contract was concluded under Section 536a (1) alternative 1 BGB is excluded. Liability for damage arising from such defects is governed by Section 16.
- The customer notifies defects without undue delay in text form, describing them as precisely as possible.
- A reduction of the fee by deduction from the current fee is excluded; claims of the customer for repayment based on a justified reduction remain unaffected.
Section 16: Liability
- The Provider is liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, under the German Product Liability Act, and within the scope of any guarantee given by the Provider.
- In the event of a slightly negligent breach of an obligation whose fulfilment is a prerequisite for the proper performance of the contract and on whose observance the customer may regularly rely (cardinal obligation), the Provider's liability is limited to the damage typical for this type of contract and foreseeable at the time the contract was concluded.
- In all other respects, the Provider's liability for slight negligence is excluded.
- For loss of data, the Provider is liable within the scope of paragraphs 1 to 3 only up to the amount of the effort that would have been required to restore the data if the customer had performed proper and regular backups (Section 9 (1) sentence 2).
- The above liability provisions also apply to the personal liability of the Provider's employees, representatives and vicarious agents.
Section 17: Data Protection and Data Processing Agreement
- Information on the processing of personal data by the Provider is set out in the Privacy Policy.
- To the extent the customer processes personal data of third parties (e.g. its own customers and contacts) in the Service, the Provider acts as a processor within the meaning of Art. 28 GDPR. The basis for this is the Data Processing Agreement (DPA), which forms part of this contract; on request, it is made available for mutual signature ([email protected]).
- Customer data is stored in data centers within the European Union. Section 5 (1) applies to optional AI features.
Section 18: Confidentiality
- Each party treats all confidential information of the other party obtained in connection with the contractual relationship as confidential and uses it only for the performance of the contract. Confidential information of the customer includes in particular the data stored in the Service.
- This obligation does not apply to information that is publicly known, was already lawfully known to the receiving party, or must be disclosed pursuant to a statutory or regulatory order; in the latter case, the receiving party informs the other party in advance where legally permissible.
- The confidentiality obligation continues for three years after the end of the contract.
Section 19: Changes to these Terms
- The Provider may amend these Terms with effect for the future, provided the amendment is reasonable for the customer taking into account the Provider's interests and changes neither the scope of the main service nor the ratio of service and fee to the customer's detriment (e.g. adaptations to changes in the law or case law, additions for new features).
- Amendments are communicated to the customer in text form at least six weeks before they take effect. If the customer does not object before the amendments take effect, the amended Terms are deemed accepted; the Provider expressly points out this consequence and the right to object in the notification. If the customer objects, the contract continues under the existing terms; in that case the Provider may terminate the contract ordinarily pursuant to Section 13.
- Changes to the main contractual obligations or to prices are not covered by this Section 19; Sections 11 and 12 apply to those.
Section 20: Final Provisions
- The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
- If the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the Provider's registered seat. The Provider is also entitled to bring an action at the customer's general place of jurisdiction.
- The place of performance is the Provider's registered seat.
- Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.