1.0 Definitions and Scope
1.1 These Terms and Conditions apply to all contracts between "Simple.Grow" (hereinafter "Provider") and its customers (hereinafter "Customer") regarding the setup and operation of the Speed-to-Lead service (also referred to as "text-back" or "instant reply").
1.2 The contracting party and Provider within the meaning of these Terms is David Proga, operating under the trade name "Simple.Grow", c/o Impressumservice Dein-Impressum, Stettiner Straße 41, 35410 Hungen, Germany (hereinafter "Provider"). "Simple.Grow" is a brand and product name and not an independent legal entity.
1.3 The service is offered exclusively to businesses (B2B). By ordering, the Customer confirms that they are acting in the course of their trade or profession.
1.4 Deviating or supplementary conditions of the Customer shall not become part of the contract unless expressly accepted in writing.
2.0 Subject Matter
2.1 The Provider sets up and operates an automated instant-reply system for the Customer: every inquiry submitted through the Customer's designated web form receives an automated reply by text message and email, sent in the Customer's business name, typically within 60 seconds of submission.
2.2 The service includes, depending on the agreed configuration:
- Connection of the system to the Customer's existing inquiry or quote form
- Automated text and email replies in the Customer's business name
- Optional qualifying questions agreed with the Customer at setup
- Booking of appointments into the Customer's calendar or booking link
- Automated appointment reminders until the appointment takes place
- Automated follow-up and rebooking after reported no-shows
2.3 The system qualifies inquiries and books appointments. It does not quote prices, does not make coverage or contractual commitments on the Customer's behalf, and hands the conversation over to the Customer's team when it cannot answer a question reliably. All conversations are made available to the Customer.
2.4 Setup requires that the Customer's form sends a notification email or provides a comparable technical trigger. If the Customer's form cannot be connected, the Provider will refund the setup fee in full (see §4.6).
2.5 Where text messages are sent to recipients in the United States, sending takes place through a registered US business-texting channel (A2P 10DLC) in the Customer's business name. The go-live of texting depends on the carrier registration process (typically 2 to 5 business days), which is outside the Provider's control.
3.0 Customer Obligations
3.1 The Customer provides accurate business details required for setup and, where applicable, for the business-texting registration.
3.2 The Customer reviews and approves the exact wording of the automated replies before the system goes live. Requested changes are implemented by the Provider. After approval, the system operates autonomously within the approved wording and flow.
3.3 The Customer ensures that they are entitled to contact the persons submitting their form (their own leads) and that they have a lawful basis for the processing of the data those persons submit. The system replies only to persons who have just submitted the Customer's form; it does not send unsolicited marketing to third parties and honors opt-out requests (e.g. STOP) immediately.
3.4 The Customer remains responsible for the professional handling of the appointments booked, including any advice given in those appointments.
4.0 Compensation & Pricing
4.1 The Customer pays a one-time setup fee as stated at checkout on the respective landing page. The setup fee includes the Customer's first 5 shown appointments.
4.2 From the 6th shown appointment on, a fee per shown appointment applies as stated at checkout, billed weekly by invoice. Each invoice lists every shown appointment with the underlying inquiry, timestamp and the conversation that booked it.
4.3 Shown appointment: an appointment booked by the system that the prospect actually attends. Booked appointments count as shown by default. If a prospect does not appear, the Customer marks the appointment as a no-show via the mechanism provided (one tap on the automated reminder); the same action triggers the automated rebooking. Reported no-shows are free of charge.
4.4 There is no retainer, no per-lead fee and no minimum contract duration. Messaging costs (text and email) are included in the per-show fee.
4.5 Payment of the setup fee is processed via Stripe. Show fees are billed weekly by invoice to the payment details on file.
4.6 Setup guarantee: if the Customer's form cannot be technically connected, the Provider refunds the setup fee in full.
5.0 Communication & Support
5.1 The Provider is the Customer's personal point of contact for setup, changes and support. Communication takes place asynchronously via email; an optional video call is available but not required.
5.2 The Provider monitors the operation of the system and keeps it running. Faults are remedied within a reasonable time after they become known.
6.0 Contract Duration & Termination
6.1 The contract runs for an indefinite period and can be terminated by the Customer at any time by simple email, effective the same day. There is no notice period and no termination fee.
6.2 Upon termination, the system is switched off. Show fees for appointments that have already taken place remain due. The setup fee is not refunded upon termination (except in the case of §4.6).
6.3 The Provider may terminate the contract with reasonable notice, and without notice for good cause (in particular misuse of the system for unlawful messaging).
6.4 A renewed collaboration is possible at any time as a new agreement.
7.0 Intellectual Property & Data
7.1 The system itself (configuration, prompts, workflows, integrations) remains the property of the Provider. The Customer receives a right of use for the duration of the collaboration.
7.2 The Customer's lead and inquiry data remains the Customer's. The Provider processes it exclusively to operate the service (replying, qualifying, booking, invoicing evidence) and does not sell, share or use it for any other purpose.
7.3 After termination, conversation and lead data processed by the Provider is deleted within 30 days, unless statutory retention obligations require otherwise. Invoicing records are retained as required by law.
8.0 Disclaimer for Automated Replies
8.1 The automated replies are generated with the help of AI models. AI models can inherently make errors. The system is designed to reduce this risk: it operates within the wording and flow approved by the Customer, does not quote prices, does not make binding commitments, and hands over to the Customer's team when it cannot answer reliably.
8.2 The results described on the Provider's websites (e.g. show rates, funnel figures) are illustrative and based on industry averages. Actual results depend on the Customer's leads, market and close rate and are not guaranteed.
8.3 The Provider is not liable for the content of conversations to the extent that they follow the wording and flow approved by the Customer, or for the outcome of appointments booked.
8.4 The Provider strives to continuously improve the quality and reliability of the automated replies but cannot guarantee error-free operation. This corresponds to the current state of the art in artificial intelligence.
9.0 Data Protection
9.1 The Provider is based in Germany and committed to compliance with the GDPR.
9.2 Insofar as the Provider processes personal data of the Customer's leads on behalf of the Customer, this constitutes processing on behalf pursuant to Art. 28 GDPR. A Data Processing Agreement (DPA) is available at www.simplegrow.io/en/dpa.
9.3 For the delivery of text messages and emails and for the operation of the system, the Provider uses established infrastructure providers as sub-processors. Where the service is provided to US customers or messages are sent to US recipients, US-based providers (e.g. messaging carriers) are necessarily involved; processing then also takes place in the United States. A current list of sub-processors is available on request.
9.4 The AI models used are configured so that data provided by the Customer or their leads is not used for training the models.
9.5 EU AI Act: the Provider observes the requirements of Regulation (EU) 2024/1689 in the selection and operation of AI models. The automated replies are conversational assistance with limited risk and not a high-risk AI system within the meaning of Art. 6 EU AI Act. Recipients interact with an automated system; the Customer approves the wording, and conversations are handed over to humans where required. The Customer, as deployer, informs their own contacts about the use of automated communication to the extent required by applicable law.
9.6 Further data protection information can be found in the Provider's Privacy Policy.
10.0 General Liability
10.1 The Provider is liable without limitation in cases of intent and gross negligence.
10.2 In cases of simple negligence, the Provider is only liable for breach of material contractual obligations (cardinal obligations), limited to the foreseeable, contract-typical damage.
10.3 The Provider is not liable for availability outages of third-party services (messaging carriers, AI models, hosting, calendar and payment providers) over which it has no control, including delays in the US carrier texting registration.
10.4 For automated replies, the provisions of §8 additionally apply.
11.0 Final Provisions
11.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2 The place of jurisdiction is the Provider's registered office, insofar as legally permissible.
11.3 The invalidity of individual provisions shall not affect the validity of the remaining conditions.
11.4 Amendments to these Terms will be communicated to the Customer in writing. If the Customer does not object within 4 weeks, the amended Terms are deemed accepted.