Terms of Service
for the use of the software "Quidly" (quote follow-up assistant), offered by Ilana Hofer, Weidenkamp 6d, 25436 Uetersen, Germany (the "Provider"). Full provider identification in the imprint.
§ 1 Scope, business customers only
(1) These terms govern all contracts on the use of the software-as-a-service application Quidly between the Provider and its customers (the "Customer").
(2) The offer is directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) — in particular trade businesses and local service providers — acting in the exercise of their commercial or independent professional activity when concluding the contract. Contracts with consumers within the meaning of Section 13 BGB are excluded; consequently, no consumer right of withdrawal exists.
(3) Deviating, conflicting or supplementary terms of the Customer do not become part of the contract unless the Provider expressly agrees to them in text form.
§ 2 Subject matter and service description
(1) Quidly is a web-based application for systematically following up on quotes that have already been created: capturing quotes (manually, via file upload with AI extraction, or via email submission), reminders, message drafts, status tracking and reports. Quidly is not a complete CRM, quoting or invoicing product.
(2) The current scope of features per plan follows from the pricing overview on the website. The Provider continuously develops Quidly and may change or add features as long as the purpose of the contract is not endangered and the change is reasonable for the Customer.
(3) Use takes place over the internet; the software itself is not handed over. A current web browser is required.
§ 3 Registration and conclusion of contract
(1) The usage contract for the free trial is concluded upon completion of registration. The contract for a paid plan is concluded upon completion of the checkout process via the payment provider (§ 5).
(2) The Customer warrants that the information provided during registration is accurate and that it acts as an entrepreneur within the meaning of Section 14 BGB. One account is kept per business; additional users are added via the invitation feature within the plan's user limit.
§ 4 Free trial
(1) New customers receive a free trial of approximately three months from registration with the full feature set of the Pro plan. No payment method is required. The trial does not automatically convert into a paid contract.
(2) After the trial ends, the account switches to read-only access unless a paid plan is booked: existing data remains viewable and exportable; active features (in particular creating and sending quotes, following up, and email submission) become available again once a plan is booked.
(3) Data is not deleted when the trial ends; the final deletion of inactive accounts follows the deletion concept described in the privacy policy. The Customer can delete the account at any time.
(4) The Provider may adjust the duration and scope of the trial for new customers; for ongoing trials the duration promised at registration remains decisive.
§ 5 Prices and payment
(1) The prices shown at the time of booking apply. All prices are net plus the applicable statutory VAT.
(2) Payment is processed via the payment provider Stripe. Billing takes place monthly or yearly in advance, depending on the chosen billing period. Invoices are provided electronically.
(3) If the Customer defaults on payment and the automatic retry of the payment also fails, the Provider may, after prior notice, restrict access to read-only until the outstanding amounts are settled.
§ 6 Term and termination
(1) Paid plans renew automatically for the respective billing period (month or year) unless terminated before its end.
(2) The Customer may terminate at any time with effect from the end of the current billing period — self-service via the billing portal in the account settings or in text form. Fees already paid for the current period are not refunded; access remains until the end of the period.
(3) Both parties' right to extraordinary termination for good cause remains unaffected.
§ 7 Customer obligations
(1) The Customer keeps access credentials confidential and secures the account appropriately (two-factor authentication recommended), and informs the Provider without delay of any suspected unauthorised use.
(2) The Customer only enters data it is entitled to process — in particular contact data of its end customers in accordance with data protection law — and does not use the sending features for unsolicited advertising (spam).
(3) Actions endangering the operation of the platform are prohibited, in particular circumventing technical limits, automated bulk access and introducing malicious code.
§ 8 Availability
(1) The Provider strives for high availability of the service but does not owe a specific availability quota (no service level agreement).
(2) Maintenance work is announced where possible and scheduled for low-usage times. The Provider assumes no responsibility for disruptions of third-party services (e.g. hosting, AI or payment providers) outside its sphere of influence.
§ 9 AI features
(1) Quidly uses artificial intelligence to extract data from uploaded quotes and to create message drafts. AI output is a suggestion and may contain errors.
(2) The Customer reviews AI output for accuracy and appropriateness before using it — in particular before sending messages to end customers — and actively approves it. No warranty is given for the substantive accuracy of AI output.
§ 10 Liability
(1) The Provider is liable without limitation for intent and gross negligence, for damages resulting from injury to life, body or health, and under the German Product Liability Act.
(2) In cases of slight negligence, the Provider is liable only for the breach of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely), limited to the damage typical for the contract and foreseeable at its conclusion.
(3) For loss of data, the Provider is liable within the scope of paragraphs 1 and 2 only to the extent that the damage would also have occurred if the Customer had carried out reasonable data backups of its own (e.g. regular use of the export feature). During the free trial the Provider is liable only for intent and gross negligence and under paragraph 1.
§ 11 Data protection and processing on behalf
(1) Information on the processing of personal data is provided in the privacy policy.
(2) Where the Provider processes personal data entered into Quidly by the Customer (in particular data of the Customer's end customers), it does so as the Customer's processor within the meaning of Art. 28 GDPR. The parties conclude a data processing agreement provided by the Provider; it forms part of this contract.
§ 12 Changes to these terms
(1) The Provider may change these terms with effect for the future where the change is reasonable taking into account the interests of both parties (e.g. due to changes in law, case law or features).
(2) Changes are announced to the Customer in text form at least six weeks before they take effect. If the Customer does not object before the effective date, the changed terms are deemed accepted; the announcement will point this out separately. In the event of an objection, either party may terminate the contract with effect from the effective date of the change.
§ 13 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) 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 the Provider's registered seat.
(3) Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected.