Terms of Service

1. Provider & Scope

These Terms of Service ("Terms") govern (a) your use of the website operated at artificialgrowth.io ("Site"), and (b) any engagement for B2B cold email outreach and appointment-setting services ("Services") between Hardy Haberland, an Einzelunternehmen operating as Artificial Growth, Berliner Straße 154, 24340 Eckernförde, Germany ("we," "us," "Artificial Growth") and the business applying for or purchasing such Services ("Client," "you").

By submitting an application through the Site, booking a demo call, or engaging our Services, you agree to be bound by these Terms. If you do not agree, please do not use the Site or engage our Services.

2. Description of Services

Artificial Growth provides done-for-you B2B cold email outreach systems, including but not limited to: domain and inbox setup and warmup, lead sourcing, lead verification, copywriting, campaign sending, follow-up sequencing, and the booking of sales meetings with prospects matching the Client's Ideal Customer Profile ("ICP").

The specific scope, deliverables, timeline, and fees for a given engagement will be set out in a separate written proposal, order form, or onboarding agreement ("Order") agreed between the parties. In the event of a conflict between these Terms and an Order, the Order prevails with respect to the specific engagement it covers.

3. Application & Onboarding

Submitting an application through the Site does not guarantee acceptance as a client. We selectively engage with businesses we believe we can realistically help, as described on the Site. We reserve the right to decline any application at our sole discretion, including after an initial call.

Where we accept a Client, onboarding requires the Client to provide accurate information about its business, target ICP, existing sales process, and any materials reasonably requested (e.g., case studies, pricing, testimonials) necessary to build effective outreach campaigns.

4. The Guarantee

Where advertised on the Site or in an Order, our guarantee means: the Client only pays for sales meetings that are (a) booked with a prospect who reasonably matches the Client's agreed ICP, and (b) attended by that prospect at the scheduled time ("Qualified Meeting").

A meeting is not a Qualified Meeting, and is not billable, where the prospect does not show up, where the prospect materially does not match the agreed ICP criteria, or where the meeting was booked in a manner inconsistent with the agreed campaign parameters. The specific ICP criteria, qualification standards, and any volume targets (e.g., the advertised range of 10–30 meetings per month) will be defined in the applicable Order and may vary based on the Client's industry, target market, and campaign scope.

The guarantee applies to the billing mechanism described above and does not constitute a guarantee of any particular revenue, close rate, or business outcome resulting from Qualified Meetings, which depend on factors outside our control, including the Client's own sales process.

5. Client Obligations

The Client agrees to:

• Provide accurate, complete, and current information about its business, offer, and target ICP;
• Respond to reasonable requests for approvals, feedback, or materials within a reasonable timeframe so as not to delay campaign execution;
• Honor scheduled Qualified Meetings and provide reasonable notice of any need to reschedule;
• Not use our Services, campaigns, or generated meetings for any unlawful purpose, and ensure its own offer and sales practices comply with applicable law;
• Pay all undisputed invoices in accordance with Section 7.

Delays or inaccuracies caused by the Client's failure to meet these obligations may affect campaign timelines and are not attributable to us.

6. Cold Email Compliance & Risk Allocation

Our Services involve sending unsolicited commercial email ("cold email") to business contacts on the Client's behalf. Email marketing, including B2B cold outreach, is subject to legal restrictions that vary by jurisdiction, including (without limitation) § 7 of the German Act Against Unfair Competition (UWG), the GDPR, the EU ePrivacy Directive and national implementing laws, the U.S. CAN-SPAM Act, Canada's CASL, and the UK PECR. The Client acknowledges that these restrictions are complex, vary by target market, and that no outreach strategy can guarantee full compliance with every applicable law in every jurisdiction targeted.

6.1 Client Representations

By engaging our Services, the Client represents and warrants that:

• It has a lawful basis to be marketed to the prospects in its target ICP, and reasonably believes such prospects would have an interest in its offer, consistent with applicable B2B marketing standards;
• Its product, service, offer, and all claims made about them are lawful, accurate, and not misleading;
• It owns or has the necessary rights to any brand names, materials, testimonials, or content it provides for use in campaigns;
• It is solely responsible for ensuring its own business practices, offer, and target markets comply with applicable advertising, competition, and data protection law in each jurisdiction it targets.

6.2 Approval & Responsibility for Content

We will share campaign messaging, targeting criteria, and sending parameters with the Client for review prior to launch, unless the Client explicitly waives review in writing. Once the Client approves campaign content and targeting (or fails to respond to a reasonable request for review within the timeframe requested), responsibility for the legality and accuracy of that content and targeting shifts to the Client. We reserve the right to refuse to send, or to pause, any campaign we reasonably believe violates applicable law or a sending platform's policies, without liability for any resulting delay.

6.3 Indemnification

The Client agrees to indemnify, defend, and hold harmless Hardy Haberland / Artificial Growth from and against any claims, damages, fines, regulatory actions, or costs (including reasonable legal fees) arising out of or in connection with: (a) the Client's offer, product, or business practices; (b) content or targeting approved by the Client under Section 6.2; (c) the Client's breach of the representations in Section 6.1; or (d) the Client's own use of any data, list, or meeting generated through the Services in violation of applicable law. This indemnification obligation survives termination of the engagement.

6.4 Deliverability & Platform Risk

Email deliverability depends in part on factors outside our control, including the policies and spam-filtering decisions of third-party mailbox and platform providers (e.g., Google, Microsoft), domain and IP reputation, and evolving anti-spam enforcement. We use industry-standard practices (including domain warmup, sending limits, and list verification) to protect deliverability, but do not guarantee that any domain, inbox, or campaign will remain unaffected by blacklisting, spam-filtering, or platform suspension. We are not liable for lost business, meetings, or revenue resulting from such third-party actions, except to the extent caused by our gross negligence.

6.5 Prospect Data

Contact data used for outreach is sourced through third-party providers (see our Privacy Policy) and processed in accordance with applicable data protection law. Where the Client provides its own prospect lists, the Client warrants it has the legal right to have such data processed for outreach purposes and indemnifies us accordingly under Section 6.3.

7. Fees & Payment

Fees for the Services are set out in the applicable Order and are billed per Qualified Meeting as defined in Section 4, unless otherwise agreed in writing.

Invoices are payable by bank transfer (Banküberweisung / wire transfer) to the account details provided on the invoice. Unless a different due date is specified in the Order, invoices are due within 7 calendar days of the invoice date.

Payments received after the due date accrue default interest at the statutory rate pursuant to § 288 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), currently 9 percentage points above the base rate for business-to-business transactions, without the need for a separate reminder. We reserve the right to suspend ongoing campaign work for accounts with overdue invoices until payment is received.

All fees are exclusive of statutory VAT unless stated otherwise. VAT will be added at the applicable rate where required by law.

8. Term & Termination

Unless otherwise specified in the Order, engagements run on a month-to-month basis following any initial setup period, and may be terminated by either party with 30 days' written notice to the other party's contact email on file.

We may suspend or terminate an engagement immediately, without notice, where the Client materially breaches these Terms (including non-payment), engages in unlawful conduct, or where continuing the engagement would expose us to legal or reputational risk.

Termination does not relieve the Client of the obligation to pay for Qualified Meetings booked prior to the effective date of termination.

9. Confidentiality

Each party agrees to keep confidential any non-public business, technical, or financial information disclosed by the other party in connection with the engagement, and to use such information solely for the purpose of performing under these Terms. This obligation survives termination of the engagement for a period of three years, except for trade secrets, which remain protected for as long as they qualify as such under applicable law.

10. Intellectual Property

We retain all rights, title, and interest in our proprietary methodology, processes, templates, and know-how used to deliver the Services (including the "Artificial Growth Method"). Nothing in these Terms transfers ownership of such materials to the Client.

Campaign copy, sequences, and materials created specifically for the Client under an Order become usable by the Client for its own business purposes upon full payment of the applicable fees, but may not be resold or sublicensed to third parties without our written consent.

11. Warranties & Disclaimers

We warrant that Services will be performed with reasonable skill and care consistent with generally accepted industry standards. Except as expressly set out in these Terms or an Order, the Services are provided on an "as is" basis and we disclaim all other warranties, whether express or implied, to the maximum extent permitted by applicable law.

We do not warrant that outreach campaigns will be uninterrupted or error-free, or that any particular email service provider, domain, or platform policy will remain unchanged during the engagement.

12. Limitation of Liability

Nothing in these Terms limits or excludes liability for intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), for injury to life, body, or health, for fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under mandatory German law, including liability under the Product Liability Act (Produkthaftungsgesetz).

For ordinary negligence (einfache Fahrlässigkeit), we are liable only in the event of a breach of a material contractual obligation (wesentliche Vertragspflicht, i.e., an obligation whose fulfillment is essential to the proper performance of the contract and on which the Client may regularly rely), and in such case liability is limited to the foreseeable damage typical for contracts of this kind.

Except where mandatory law provides otherwise, our aggregate liability arising out of or in connection with an engagement is limited to the total fees paid by the Client under the relevant Order in the six months preceding the event giving rise to the claim.

13. Data Protection

We process personal data in accordance with applicable data protection law, as described in our Privacy Policy. Where the performance of Services requires us to process personal data on the Client's behalf (e.g., prospect contact data sourced for campaigns), the parties will enter into a data processing agreement (Auftragsverarbeitungsvertrag) pursuant to Art. 28 GDPR upon request.

14. Force Majeure

Neither party is liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of god, war, civil unrest, governmental action, internet or email service provider outages, or widespread platform policy changes materially affecting email deliverability.

15. Governing Law & Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). To the extent permitted by law, the exclusive place of jurisdiction for any disputes arising from or in connection with these Terms is Eckernförde, Schleswig-Holstein, Germany.

16. Severability & Amendments

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be replaced by a valid provision that most closely reflects the parties' original intent.

We may update these Terms from time to time. Material changes affecting an active engagement will be communicated to the Client in advance. Continued use of the Services after such changes take effect constitutes acceptance of the updated Terms.

17. Contact

Questions about these Terms can be sent to info@artificialgrowth.io. Full company and contact details are available on our Imprint page.