Allgemeine Geschäftsbedingungen

Effective Date: November 1, 2026

Welcome to Selling Navigator! These Terms of Service ("Terms") govern your use of the Selling Navigator platform and website located at https://sellingnavigator.com (the "Service").

These Terms constitute a legally binding agreement between you (the "Customer", "you", or "your") and N-SAID Holding, LLC ("Selling Navigator", "we", "us", or "our"), a company registered in Delaware, United States.

1. Merchant of Record

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries regarding payments, invoicing, and handles returns. By purchasing a subscription, you also agree to Paddle’s Buyer Terms and Conditions.

2. B2B Nature of the Service

Selling Navigator is exclusively a business-to-business (B2B) platform. By creating an account, you warrant and represent that you are accessing and using the Service in the course of your trade, business, craft, or profession (including as a freelancer or sole trader). The Service is not intended for personal, family, or household consumer use.

3. Accounts and Subscriptions

  • Free Trial: We may offer a 14-day free trial. At the end of the trial, your access will be restricted unless you purchase a paid subscription.
  • Billing & Renewals: Subscriptions are billed in advance on a monthly or annual basis. Your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date through the Paddle customer portal (accessible via our application).
  • Account Termination: You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing cycle. We do not provide refunds or credits for partial billing periods.

4. Limits and Add-ons

  • Plan Limits: Your use of the Service is subject to the limits of your chosen plan (e.g., maximum projects, clients, members, and storage quotas).
  • API Packages: If you are on the Enterprise plan, you may purchase API call packages. These are one-time purchases. Any unused API calls from a purchased package will automatically expire 365 days after the date of purchase and are non-refundable.
  • AppSumo "Lifetime" Deals: If you purchased a lifetime license via AppSumo, "lifetime" refers to the lifetime of the Selling Navigator product, not your lifetime. In the event that N-SAID Holding, LLC ceases operations or significantly pivots the Service, the lifetime license will be terminated without compensation, subject to the terms agreed upon during the AppSumo campaign.

5. Acceptable Use and Customer Responsibilities

You are solely responsible for all data, content, and communications transmitted through your account.

  • Email Module & Anti-Spam: If you use our Email module to send communications via your own SMTP server, you represent and warrant that you comply with all applicable anti-spam laws (including CAN-SPAM, GDPR, and ePrivacy). You must possess valid, verifiable consent from all recipients before sending marketing emails.
  • Prohibited Content: You may not use the Service to store or transmit illegal, infringing, defamatory, or malicious content. We reserve the right to suspend or terminate your account immediately if you violate these rules.

6. AI Features and Integrations

The Service may include features powered by Artificial Intelligence (AI), including models provided by third parties (such as Google Gemini or OpenRouter). By using these features, you acknowledge that your input data may be processed by these third-party AI providers to generate outputs. AI-generated output may be inaccurate; you are responsible for reviewing it before use.

7. E-Signatures

The Service provides a tool for drawing electronic signatures on documents. You acknowledge that this constitutes a "simple" electronic signature. We do not guarantee the legal enforceability or validity of documents signed via the Service in your specific jurisdiction. You are solely responsible for determining whether a simple electronic signature is legally sufficient for your specific contracts.

8. Intellectual Property and Licenses

The Service, including its code, design, and branding, is owned by or licensed to N-SAID Holding, LLC. You are granted a limited, non-exclusive, non-transferable license to use the Service. You may not reverse-engineer, duplicate, or resell the Service.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall N-SAID Holding, LLC be liable for any indirect, punitive, incidental, special, or consequential damages, including without limitation damages for loss of profits, goodwill, data, or other intangible losses arising out of the use or inability to use the Service. Our total liability for any claims under these Terms shall be limited to the amount you actually paid to Paddle for the Service in the three (3) months preceding the claim.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Delaware.

11. Annexes

The Acceptable Use Policy (Annex A) and the Data Processing Agreement (Annex B) set out below form part of these Terms.

12. Contact

If you have any questions about these Terms, please contact us at support@sellingnavigator.com.

Annex A – Acceptable Use Policy

Effective Date: November 1, 2026

This Acceptable Use Policy ("AUP") outlines the prohibited uses of the Selling Navigator Service. By using the Service, you agree to comply with this AUP.

1. Email Module and Anti-Spam Requirements

Selling Navigator allows you to connect your own SMTP server to send emails to your clients and leads. When using this feature, you must strictly adhere to the following rules:

  • No Spam: You may not send unsolicited commercial emails (SPAM).
  • Consent: You must have explicit, verifiable consent (opt-in) from all recipients before sending them marketing or promotional emails, in compliance with the GDPR, ePrivacy Directive, CAN-SPAM Act, and other applicable laws.
  • Opt-out: All marketing emails must include a clear, functioning mechanism for recipients to unsubscribe or opt-out of future communications.
  • We reserve the right to immediately suspend or terminate your account if we receive reports of spam or abuse originating from your connected domains.

2. Prohibited Content and Data

You may not use the Service to store, process, or transmit:

  • Content that is illegal, defamatory, libelous, or fraudulent.
  • Malware, viruses, trojan horses, or other harmful code.
  • Special categories of highly sensitive personal data (e.g., health data, biometric data, revealing racial or ethnic origin) unless strictly necessary for your internal HR purposes and processed in full compliance with applicable laws.

3. Platform Abuse

You may not:

  • Attempt to bypass or exploit the Service's security, rate limits, or API quotas.
  • Reverse-engineer or attempt to extract the source code of the Service.
  • Share your account credentials with unauthorized users to bypass user seat limits.

Annex B – Data Processing Agreement

Effective Date: November 1, 2026

This Data Processing Agreement ("DPA") is an addendum to the Terms of Service between N-SAID Holding, LLC ("Processor") and the Customer ("Controller").

1. Subject Matter and Scope

This DPA applies to the processing of personal data by the Processor on behalf of the Controller while providing the Selling Navigator Service. The data processed may include contact details of the Controller's clients, employee HR data (including attendance and payroll information), candidate resumes, and email communications.

2. Processor Obligations

The Processor shall:

  • Process personal data only on documented instructions from the Controller.
  • Ensure that persons authorized to process the personal data have committed themselves to confidentiality.
  • Implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
  • Assist the Controller in fulfilling its obligations to respond to data subject requests (e.g., access, deletion).

3. Sub-processing

The Controller provides a general authorization for the Processor to engage Sub-processors. The current list of Sub-processors includes Hostinger, Amazon SES, Google, and OpenRouter. The Processor shall inform the Controller of any intended changes concerning the addition or replacement of Sub-processors.

4. Data Return and Deletion

Upon termination of the Service, the Processor shall, at the choice of the Controller, delete or return all personal data within 90 days, unless applicable law requires storage of the personal data.

5. International Transfers

If the processing involves transferring personal data originating from the European Economic Area (EEA) to a country not recognized by the European Commission as providing an adequate level of protection, the parties agree that the Standard Contractual Clauses (SCCs) shall apply.