Terms and conditions

for the use of the WordPress plugin “Leadtrace Formbuilder” by Carsten Seeberger, Gartenfeld 10, 91781 Weißenburg, Germany (the “Provider”).

Note: This English version is provided for convenience. The contract language is German and the German version of these terms is legally binding. In case of discrepancies the German version prevails.

1. Scope

1.1 These terms apply to all contracts for the provision and use of the plugin “Leadtrace Formbuilder” (the “Software”) including the associated services (license server, updates, support) concluded with the Provider via the website leadtrace-formbuilder.com or by other means.

1.2 The offer is directed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. By ordering, the Customer confirms that it is acting in the course of its commercial or independent professional activity. No consumer contract is formed; there is therefore no statutory right of withdrawal.

1.3 Deviating or supplementary terms of the Customer do not become part of the contract, even if the Provider does not expressly object to them.

2. Subject matter

2.1 The Software is a WordPress plugin for building lead, contact and job application forms with source and conversion tracking, integration with CRM systems (currently HubSpot and Brevo) and with advertising and analytics platforms (currently Meta, Google Ads, Google Analytics 4 and TikTok). The scope of features is defined by the service description on leadtrace-formbuilder.com at the time of ordering.

2.2 The Software is installed and operated on the Customer's WordPress system. Form data, submissions and tracking events are processed by the Customer's system and transmitted from there to the third-party services configured by the Customer. The Provider has no access to this data.

2.3 The Provider operates a license server through which the license is activated and verified, updates are provided and the license key can be resent.

2.4 Integration with third-party services (e.g. HubSpot, Brevo, Meta, Google, TikTok, Make, Zapier, n8n) requires that the Customer holds its own accounts and the necessary rights there. Their availability, interfaces and terms are outside the Provider's control.

3. Conclusion of contract

3.1 The presentation of the Software on the website is not a binding offer but an invitation to order.

3.2 The Customer selects the number of websites and is redirected to the payment service provider Stripe. There the Customer enters company name, email address, billing address, VAT identification number where applicable, and a payment method. By completing checkout the Customer submits a binding offer.

3.3 The contract is formed when the Provider confirms the order by sending the license key by email. This email contains the license key and the download link; invoices and receipts are provided by Stripe.

3.4 The contract language is German. The contract text is not stored separately by the Provider; the Customer can access and save these terms at any time at leadtrace-formbuilder.com/agb/ (German) and leadtrace-formbuilder.com/en/terms/ (English).

4. Trial period

4.1 New customers receive a free trial period of 14 days from conclusion of the contract. The full range of features is available during the trial. A payment method must be provided at conclusion of the contract.

4.2 If the Customer does not cancel in the customer portal by the end of the trial period, the first paid term under section 8 begins and the annual fee is charged to the stored payment method. If the Customer cancels within the trial period, the contract ends at the end of the trial period; no costs are incurred.

4.3 The trial period is granted only once per customer (determined by the email address used for the purchase). It is also granted only once per website: if the Software is activated during the trial on a website for which a trial period has already been used, the trial ends early and the paid term begins immediately. The Customer is informed by email.

4.4 During the trial period the Software is provided free of charge. For this period the Provider is liable only for intent and gross negligence and for fraudulently concealed defects; section 14.1 remains unaffected.

5. License scope

5.1 The license is purchased per website per year. A website is a WordPress installation that is publicly reachable under one hostname. In a WordPress multisite installation, every site in the network on which the Software is active counts.

5.2 Development and staging environments on localhost and on hostnames ending in .local or .test are not counted towards the number of websites.

5.3 The Customer may deactivate the Software on one website in the plugin and activate it on another. The number of simultaneously activated websites may not exceed the licensed number.

5.4 The number of websites can be increased at any time in the customer portal; the additional amount is charged pro rata for the remaining term. A reduction takes effect at the end of the current term.

6. Rights of use

6.1 For the term of the contract the Customer receives the simple, non-exclusive, non-sublicensable right to install and use the Software on the licensed number of websites.

6.2 Agencies and service providers may use the Software on their own clients' websites as long as they remain the licensee themselves and these websites are counted towards the licensed number. Passing the license key to third parties, reselling the license or offering the Software as a standalone product is not permitted.

6.3 The Software is protected by copyright and is not provided under an open-source license. All rights to the Software, its source code, the “Leadtrace” brand and the license server remain with the Provider. The Customer may not copy the Software (except for backup and installation on licensed websites), modify, distribute or make it publicly available, unless permitted by these terms or mandatory law.

6.4 The forms, submissions and configurations the Customer creates with the Software belong to the Customer.

7. Prices and payment

7.1 The prices stated on leadtrace-formbuilder.com at the time of ordering apply. All prices are net plus statutory VAT. The price per website is tiered according to the total number of licensed websites; the tier does not apply retroactively to other contracts.

7.2 The fee is due in advance for the respective term and is collected via the payment service provider Stripe (Stripe Payments Europe, Ltd., Dublin, Ireland) using the stored payment method. Invoices are provided electronically.

7.3 For entrepreneurs from other EU member states with a valid VAT identification number, tax liability is transferred to the Customer under the reverse charge procedure.

7.4 If collection fails, Stripe informs the Customer and retries the collection. If payment remains outstanding, the Provider may suspend the license until the outstanding amount is settled and terminate the contract after an unsuccessful reminder with a reasonable deadline.

7.5 The Provider may change prices for subsequent terms. Price changes are announced to the Customer by email at least six weeks before the start of the next term. If the Customer does not object before the start of the next term or cancels, the new price applies from the next term. The announcement will point out this right.

8. Term and termination

8.1 The initial term is one year from the end of the trial period or from conclusion of the contract if no trial period is granted. The contract renews for a further year unless terminated before the end of the current term.

8.2 The Customer may terminate at any time with effect from the end of the current term, in the Stripe customer portal or by email to kontakt@carstenseeberger.com. The Software remains usable until the end of the paid term. Fees already paid are not refunded.

8.3 The Provider may terminate with three months' notice to the end of the current term.

8.4 The right of both parties to terminate for good cause remains unaffected. Good cause exists for the Provider in particular if the Customer materially breaches the rights of use under section 6 or fails to pay despite a reminder.

9. Consequences of expiry

After the end of the term, the forms created with the Software remain visible and submissions continue to be stored in the Customer's WordPress database. Delivery to email, CRM, webhooks and advertising or analytics platforms as well as the provision of updates and support end. The Customer may export its data from WordPress at any time, including after expiry.

10. Updates and support

10.1 During the term the Provider provides all updates to the Software, including new features, via the WordPress backend. Updates are delivered signed. The Customer is responsible for installing updates and for prior backups.

10.2 The Provider provides support by email to kontakt@carstenseeberger.com for questions about installation, configuration and use of the Software. Requests are answered on working days within a reasonable time. Support does not include setup or troubleshooting of third-party services, themes or other plugins, custom development or legal advice.

10.3 The Provider may further develop the scope of features and adapt or replace individual features as long as the essential purpose of the contract is preserved. There is no entitlement to specific future features.

10.4 The system requirements (supported WordPress and PHP versions) are stated on the website and in the Software. Support for outdated versions may be discontinued with notice.

11. License server and availability

11.1 The Software verifies the license regularly via the Provider's license server. In doing so, the license key, website address, a random installation identifier and the plugin, WordPress and PHP versions are transmitted. Form data or visitor data are not transmitted.

11.2 No specific availability of the license server is owed. The Provider endeavours to achieve high availability. Maintenance work is announced where possible and carried out outside usual business hours. Short-term unavailability does not affect the forms on the Customer's website.

12. Obligations of the Customer

12.1 The Customer keeps the license key confidential and protects its WordPress installation with appropriate credentials and backups.

12.2 The Customer is solely responsible for the content of its forms, the legally compliant design of its website, obtaining and documenting the required consents (in particular for tracking and cookies), the privacy information for its users and compliance with the terms of the integrated third-party services. The Software provides technical features for this but does not replace a legal review in the individual case.

12.3 The Customer undertakes not to decompile the Software, not to circumvent license or signature checks and not to remove protection mechanisms, unless mandatory law permits this.

12.4 The Customer indemnifies the Provider against all third-party claims, including fines and reasonable costs of legal defence, arising from the Customer using the Software contrary to section 12.2 without the required consents, privacy information or rights to content, or in breach of the terms of integrated third-party services.

13. Warranty

13.1 The Software conforms to the service description on leadtrace-formbuilder.com at the time of ordering. Statements about features, integrations and tracking are service descriptions and not guarantees in the legal sense. Uninterrupted, error-free operation in every environment and compatibility with any themes, plugins, hosting and third-party services are not owed.

13.2 In particular, it is not owed that tracking events are accepted, attributed or evaluated in a particular way by advertising or analytics platforms, that data is accepted by CRM systems, that imports from other form plugins are complete or that the use of the Software is legally compliant in the individual case. Features marked as “Beta” or “Preview” are provided without warranty.

13.3 Defects must be reported to the Provider without delay by email with a comprehensible description. The Provider remedies defects at its discretion by repair, workaround or provision of a new version. If the repair fails twice, the Customer may reduce the fee for the current term appropriately or terminate the contract. Further warranty claims do not exist; damages are governed exclusively by section 14.

13.4 The warranty does not apply if the defect is attributable to modifications of the Software by the Customer or third parties, non-compliance with the system requirements, updates not installed, errors in third-party services, themes, other plugins or hosting, or improper configuration.

13.5 Warranty claims become time-barred one year after provision of the Software or the respective update. The statutory limitation period applies to claims under section 14.1.

14. Liability

14.1 The Provider is liable without limitation for intent and gross negligence, for culpable injury to life, body or health, under the German Product Liability Act, for fraudulent concealment of a defect and within the scope of a guarantee expressly assumed in writing.

14.2 In the event of a slightly negligent breach of essential contractual obligations (obligations whose fulfilment is a prerequisite for the proper performance of the contract and on whose observance the Customer may regularly rely), liability is limited to compensation for the typical damage foreseeable at conclusion of the contract. It is limited per claim and in total per contract year to the fee paid by the Customer for the current term.

14.3 Otherwise the Provider's liability for slight negligence is excluded. Within this scope, liability is excluded in particular for lost profit, missed leads, enquiries or revenue, wasted advertising spend, suspensions or restrictions of advertising, analytics or CRM accounts, business interruption, indirect damage and consequential damage.

14.4 For the loss or corruption of data, the Provider is liable within the scope of section 14.2 only up to the effort that would have been required for restoration with proper, regular and risk-appropriate data backups by the Customer.

14.5 The Provider is not liable for damage attributable to changes, outages, restrictions or terms of third-party services and platforms (in particular HubSpot, Brevo, Meta, Google, TikTok, Stripe, hosting providers), to errors in WordPress, themes or other plugins, to force majeure or to circumstances outside the Provider's control.

14.6 The Provider's strict liability for defects already existing at conclusion of the contract (§ 536a para. 1 BGB) is excluded.

14.7 Claims for damages become time-barred one year after the statutory commencement of the limitation period. This does not apply to claims under section 14.1.

14.8 The limitations of liability apply to all contractual and non-contractual claims and also in favour of the Provider's legal representatives, employees and vicarious agents.

15. Data protection

15.1 The Provider processes the Customer's data collected at conclusion of the contract (company name, email address, billing address, VAT identification number, Stripe customer and subscription identifiers, license key) and the data transmitted during license verification under section 11.1 for the performance of the contract. Details are set out in the privacy policy.

15.2 For personal data the Customer processes with the Software on its website, the Customer alone is the controller. The Provider has no access to this data; no processing on behalf of the Customer by the Provider takes place.

16. Changes to these terms

The Provider may amend these terms with effect for the future where this is necessary due to changes in the law, case law or technical circumstances and does not unreasonably disadvantage the Customer. Amendments are communicated to the Customer by email at least six weeks before they take effect. If the Customer does not object before they take effect, the amended terms are deemed accepted; the notice will point out this consequence. If the Customer objects, either party may terminate the contract at the end of the current term.

17. Final provisions

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

17.2 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 office. The Provider is also entitled to sue the Customer at the Customer's general place of jurisdiction.

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

Version: 13 October 2026