Last updated: 13/01/2025

Please read these Terms of Service carefully before using our Octolens service.

1. Preamble

1.1 Lens Labs GmbH, Mühlenstr. 8a, 14167 Berlin (“The Company”, “we”, “us”, or “our”) is a provider of “Octolens”, a social listening service designed to support B2B SaaS companies in tracking online mentions, gathering insights, and identifying relevant social and news activity. In these Terms, we refer to you as “The User” or “you” — a natural person (over 18 years old), a legal person, or an organizational unit without legal personality who uses the software under the conditions set forth in these Terms of Service.

2. Scope of Services

2.1 Unless agreed otherwise and depending on the subscription plan chosen by The User, The Company will provide the services set out in these Terms.

2.2 The Company shall make the Software available to The User via the Internet as software as a service during the term of the subscription contract.

2.3 The Company’s responsibility for the performance of the services ends at the WAN port of the router in The Company's data center. It is The User’s sole duty to ensure that he can receive The Company’s service.

2.4 The average availability of the Software for The User is 98% on an annual average. This does not include any necessary planned maintenance work and disruptions that are beyond The Company's control. Such disruptions include all events of Force Majeure. If possible, The Company shall inform The User in text form (email being sufficient) about planned maintenance work at least 48 hours before it shall begin. However, The Company reserves the right to carry out unannounced maintenance work in case this is necessary, in particular, if this is required for data and operational security.

2.5 The Company is entitled, but under no obligation, to extend and further develop new features and functionalities of the Software. The Company reserves the right to offer The User such new features and improvements against payment of an additional fee only. In the event of The User being provided with new features and improvements for a fee by means of a corresponding contractual agreement in addition to an existing contract, the provisions of such contract shall apply accordingly. In the event of The User being provided with new features and improvements free of charge, these new features and further improvements shall be deemed to be a voluntary service of The Company.

2.6 The Company may change the functional scope of the services at any time to an extent that is reasonable for The User. Such change shall be deemed reasonable, in particular, if the services the parties expressly agreed on and The Company's main contractual performance obligations (Hauptleistungspflichten) remain substantially unchanged and if that change is necessary for an important reason. Such reasons are, without limitation, disruptions in the provision of services by subcontractors and safety reasons. If the changes do not exclusively concern new features and improvements or if the changes do not only concern insignificant components of the services to be provided by The Company, The Company shall notify The User of the change by email at least four weeks before it comes into effect.

2.7 The Company is entitled to suspend The User's access to the Software if:

a) there are indications that The User's credentials for accessing the Software have been or are being misused or that these credentials have been or are being provided to an unauthorized third party, or that credentials are being used by more than one person;
b) there are indications that third parties have otherwise gained access to the Software provided to The User;
c) the blocking is necessary for technical reasons;
d) The Company is under a legal obligation (e.g. by law, court order, or administrative order) to suspend The User’s access;
e) The User’s payment of agreed fees is more than one month late;
f) The User has provided The Company with incorrect or invalid contact data, and The Company is no longer able to contact The User;
g) in the event of payment by direct debit, The User has provided incorrect bank account details and does not affect the respective payment by other means.

Suspensions will be communicated at least one business day in advance, except in urgent cases.

3. Term and Termination

3.1 A subscription shall become effective upon its activation by The Company and shall remain valid unless terminated.

3.2 Either party may terminate a monthly subscription by giving at least 30 days’ notice before its expiration. If no notice is given, the subscription renews for subsequent monthly periods.

3.3 Either party may terminate an annual subscription at least 30 days prior to its expiration, an annual subscription shall be prolonged for further annual periods respectively.

3.4 Either party may terminate a subscription immediately by giving written notice to the other party if (i) the other party commits a material breach of the respective agreement or these Terms; and (ii) where such breach is capable of remedy, the other party fails to remedy such breach within 30 days of the date of written notice from the non-defaulting party.

4. Obligations of The User

4.1 The User confirms to be aware of the essential functional features of the Software and solely bears the risk that it fits with The User's wishes and needs. In case The User might have had doubt before concluding an agreement with The Company, The User has consulted with The Company on the usability of the software for its business purposes.

4.2 When using the Software for the first time, The User shall perform the digital onboarding provided by The Company within the Software.

4.3 The User must keep any credentials confidential and must ensure that the access to the Software is limited to authorized personnel only.

4.4 The User is responsible for compliance with applicable laws and regulations when using the Software.

5. Intellectual Property Rights

5.1 The Company retains all ownership rights, title, and interest in and to the Software, including all associated intellectual property rights. The User is granted a limited, non-exclusive, non-transferable license to use the Software in accordance with these Terms. No rights are transferred to The User other than those explicitly stated.

6. Subscription Fees

6.1 The User shall pay to The Company the remuneration as set out in the pricing page, unless agreed otherwise.

6.2 Subscription fees are payable and will be invoiced in advance unless agreed otherwise. The Company will send invoices reasonably before the time frame they apply for. Invoices are due 14 days after receipt. In the event of default, statutory interest may be charged. The Company has the right to suspend any provision of support and other services in case a fee is not paid when due.

6.3 All fees are subject to statutory value-added tax and all other applicable duties, if any.

7. Warranty and Updates

7.1 The Company shall maintain the Software in a satisfactory working condition suitable that enables The User to use the Software in accordance with these Terms and the respective agreement. However, The Company reserves the right to remedy defects exclusively by providing an update, an upgrade, or a new version of the Software. Such new version may contain new or slightly modified features which, however, do not qualify as a significant deviation from the features The Company and The User agreed on.

7.2 The Company’s responsibility is excluded for any defects or malfunctions arising from The User’s non-compliance with operating conditions or instructions issued by The Company, or from any modifications, alterations, or other interventions in the Software performed by The User (or third parties acting on The User’s behalf) without The Company’s prior consent. In such cases, The Company may, at its discretion, offer remedial services subject to additional remuneration, depending on the scope and effort required.

7.3 The Company may provide The User with updates related to the Software from time to time. However, The Company is not obliged to do so.

7.4 Any modifications of the Software required due to regulatory or other legal changes shall be agreed on separately, if applicable, and shall be remunerated separately.

8. Liability

8.1 To the extent any Software or functionality is provided free of charge, The Company is liable only for intent and gross negligence (in accordance with statutory law).

8.2 To the extent the Software and Services (including access to the Software by means of Software as a Service) are provided for a fee, The Company’s statutory liability is unlimited for intent and gross negligence as well as for injuries to life, limb or health. The same applies to claims related to provided guarantees (“Garantien”), applicable product liability laws or other legally mandatory grounds for liability.

8.3 Except for the cases described in Section 8.2 (i.e., where defects or damages arise due to The User’s modifications, misuse, or failure to follow The Company’s instructions), The Company is liable for slight negligence only if it breaches a key contractual obligation (a so-called “cardinal obligation”), and then only to the extent that such damages were reasonably foreseeable at the time of entering into the contract. A cardinal obligation in the sense of this section is an obligation whose fulfillment is essential to the proper performance of the contract and on which The User may reasonably rely.

8.4 In the case of Section 8.3, The Company is not liable for indirect damages and consequential damages like loss of earnings.

8.5 Furthermore, liability in case of Section 8.3 is limited to the remuneration payable by The User under these Terms projected for a three (3) month period.

8.6 The limitation of liability also applies respectively in favor of employees, agents, legal representatives, and assistants of The Company.

8.7 The Company is not liable to the extent that damages are caused by use of the Software not in accordance with these Terms or modifications made by The User.

9. Privacy Policy

9.1 We care about data privacy and security. Please review our Privacy Policy: https://octolens.com/legal/privacy-policy. By using the Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service.

10. Confidentiality

10.1 The parties agree and undertake to protect, keep confidential and not to disclose to third parties any kind of written or verbal confidential information which come to their knowledge. Confidential information includes all information declared or reasonably recognizable as confidential by the parties, the agreed remuneration and any kind of confidential information regarding general commercial activities (including sales costs, profit, pricing methods, organization and list of personnel, internal processes, structures, ideas, concepts and strategies), without being limited to those specified above.

10.2 Parties may disclose confidential information to related persons and institutions upon a request made or order given by any court or authorized governmental body or if required by law or if required to enforce rights under an agreement that has been concluded between the parties. Disclosure under said circumstances does not constitute a breach of these Terms.

10.3 The obligation of confidentiality will not apply to any part of the confidential information to the extent it
a) is at the time of disclosure already publicly known;
b) becomes at a later date publicly known through no breach of the provisions of these Terms or by a wrongful act of the related party;
c) was in the receiving party’s possession before the receipt of confidential information;
d) was disclosed to the receiving party without restriction on disclosure by a third party who has a lawful right to disclose such information; or
e) is disclosed to a court or competent arbitrating body.

10.4 Subject to confirmation by The User, The Company may use The User’s name and trademarks for marketing purposes by naming The User as a reference customer (including within marketing materials and on its website). The User shall not unreasonably withhold the confirmation.

10.5 Any documentation provided with the Software may not be made publicly accessible by The User, unless agreed otherwise.

11. Prohibited Uses

11.1 You may not access or use the Software for any purpose other than that for which we make the Software available. The Software may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by The Company.

11.2 The User agrees not to:

• Use the Software for illegal purposes or activities.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Attempt to gain unauthorized access to the Software or related systems.
• Reverse-engineer, decompile, or otherwise attempt to derive the Software’s source code.
• Use the Software to infringe upon the rights of third parties, including intellectual property rights.
• Distribute, resell, or sublicense the Software without prior written consent from The Company.
• Use any information obtained from the Software to harass, abuse, or harm another person.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Software.
• Use the Software in a manner inconsistent with any applicable laws or regulations.

12. Miscellaneous

12.1 The Company shall be entitled to engage subcontractors as vicarious agents (Erfüllungsgehilfen) for the performance of services at its own discretion.

12.2 The Company reserves the right to amend these Terms in its sole discretion, which may include amendments due to the further development of the Software or because new functionalities will be implemented. The Company will notify The User in text form (email being sufficient) about the modified terms before the modifications enter into force, and The Company will inform The User about the new provisions, the planned date for the new terms to enter into effect, The User’s termination right, the applicable termination period and the significance of remaining silent, and The Company will then grant an adequate, at least four-week period to The User to terminate the agreements that are based on these Terms if The User does not agree with the modified Terms. If The User does not terminate the agreements based on these Terms within the aforementioned period, the modified Terms shall apply upon expiration of the period. The termination by The User must be submitted in text form (email being sufficient).

12.3 Any provision of these Terms that is invalid or unenforceable shall not affect the validity or enforceability of the remaining provisions hereof. The parties shall replace any invalid or unenforceable provision with a valid or enforceable provision that most accurately reflects the initial purpose of the parties.

12.4 Unless expressly provided otherwise in these Terms, all notices hereunder shall be made in text form (email being sufficient).

12.5 The parties shall only be entitled to offset contractual claims if the corresponding counterclaim is ultimately confirmed by the court or unchallenged by the respective other party.

12.6 These Terms shall be governed by and construed in accordance with the laws of Germany, excluding its conflict of law provisions. Any dispute or controversy arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany.

12.7 Any individual and deviating agreement between the parties prevails over these Terms.

Contact Us

If you have any questions about these Terms of Service, You can contact us: hi@octolens.com