General terms and conditions

The provider is good vibes GmbH, Gartenstrasse 7, c/o excent AG, Zweigniederlassung Zug, 6300 Zug, Switzerland, UID CHE-251.623.804, represented by its managing director Denis Lulic (“X3”, “we”). The customer is the company that creates an X3 Konto or an organisation or books an X3 product (“customer”).

These terms apply to all contracts for the X3 Konto (accounts.x3growth.io), the products X3 Growth Intelligence (intelligence.x3growth.io, api.x3growth.io), X3 CRM (sales.x3growth.io, also “Sales Engine”, including the mobile app for iOS and Android) and X3 Automation (automation.x3growth.io, including the local server), their interfaces (REST API, MCP server) and related services such as setup and support. The separate partner agreement also applies to the X3 Partners programme.

Deviating or supplementary terms of the customer do not apply, even if we do not expressly object to them, unless we agree to them in writing.

In the event of conflicts, the following order of precedence applies: (1) an individually signed offer or an individual contract, (2) the data processing agreement (DPA annex) for all questions concerning the processing of personal data, (3) the product terms in Part B, (4) the general terms in Part A, (5) the service description of the booked plan on the pricing page (x3growth.io/en/pricing) and in the respective app.

X3 Konto: a person's personal account with central sign-in (single sign-on) for all X3 products. Organisation: the customer's workspace in the X3 Konto, to which people are assigned with roles and in which the products are booked. User: a person who uses a product for the customer; depending on the product, billing is by users (seats, X3 CRM), people (X3 Automation) or projects and seats (X3 Growth Intelligence).

Plan: the booked service package of a product with its features and limits. Customer data: all data that the customer, its users or its websites, apps and connected systems bring into X3 or have X3 generate, including personal data of third parties. Connection: an integration with a third-party system authorised by the customer, such as an ad account, a mailbox, a calendar or an app via Composio. AI features: features that generate results using language models or other machine learning methods.

The contract is concluded when the customer signs up and accepts these terms, or books a plan and we confirm or activate the booking, or when both parties sign an offer. Content on the website does not constitute a binding offer.

X3 is aimed exclusively at companies, self-employed persons, associations and public bodies that use X3 for their commercial or professional activities. We do not enter into contracts with consumers. Anyone who signs up or books on behalf of the customer confirms that they are authorised to do so.

Customers based in the European Union provide a valid VAT identification number when booking a paid plan. Without a valid VAT ID, customers from the EU cannot book paid plans. We accept customers outside Switzerland and the EU at our discretion.

We may reject a sign-up or booking without giving reasons, in particular in the case of false information, indications of misuse or sanctions.

The information provided at sign-up must be accurate and kept up to date. Every X3 Konto is personal; access credentials must not be shared. A user, seat or person within the meaning of a plan is always a natural person; shared group accounts are not permitted.

The customer manages its organisation, invites people, assigns roles and permissions and revokes them. It is responsible for all actions taken via its users' accounts, its API keys, MCP connections and connections.

The customer keeps passwords, sign-in links, API keys and access tokens secret, uses the available protective measures and informs us without delay at deno@x3growth.io if it suspects misuse. We may block affected access as a precaution.

X3 provides the products as software as a service over the internet. Scope, features and limits are determined by the booked plan as shown on the pricing page at the time of booking, by Part B and by any individual offer. We only owe setup, training, custom adaptations and done-for-you services if they are expressly included in the plan or agreed separately.

We continuously develop X3 and may change, replace or discontinue features as long as the essential features of the booked plan are retained or replaced by equivalent ones for the current contract period. If an essential feature of a paid plan is discontinued, we will give at least 30 days' notice; the customer may then terminate with effect from the date of the change and will receive a pro-rata refund of fees already paid for the period after that.

We provide free plans (X3 Growth Intelligence Free, X3 CRM Starter) and trials (e.g. 14 days of X3 Automation, 14 days on the first switch to a paid Growth Intelligence plan) without any entitlement to a particular availability, support or continuation. We may change or discontinue free plans with 30 days' notice. If a trial ends without a booking, the product is locked or switched to the free plan, if there is one.

Features labelled “Beta”, “Preview” or “Labs” are test features. They may contain errors, change or be removed and are excluded from availability commitments.

We may use subcontractors and service providers. For the processing of personal data, the rules of the DPA apply.

Every plan has limits, such as page views, recordings, projects, ad accounts, seats (Growth Intelligence), users (CRM Starter up to 3 users), people and workflows (Automation) or AI credit. The limits are enforced technically: once a limit is reached, the affected feature is locked until the start of the next billing period or until an upgrade; data already stored is retained and can be exported.

No automatic additional costs arise without a separate order, with the following exceptions, which are shown on the pricing page: (a) page views above the allowance of a paid X3 Growth Intelligence plan are charged monthly in arrears per started block at the plan's price; (b) AI usage in X3 Automation beyond the credit included in the plan is charged by usage, up to no more than the budget the customer sets per company, group or person; once the budget is reached, AI features are locked until the next period or until the budget is increased; (c) additional people beyond the X3 Automation package whom the customer invites are charged per person and month; (d) additional client projects in X3 Growth Intelligence agency plans are charged per project and month, where the plan provides for this.

Unused allowances and AI credit expire at the end of the respective month and are not carried over or refunded.

Upgrades take effect immediately and are charged pro rata for the current period. Downgrades take effect from the next billing period. If the customer's data exceeds the limits of the lower plan, it remains stored but can only be used to a limited extent until the customer reduces it or upgrades again.

The prices on the pricing page at the time of booking or the prices of an individual offer apply. Prices are in euros, net, per month or per year depending on the booked period; for annual payment, the stated annual price applies. X3 CRM is charged per user, X3 Automation per company with a number of people included in the package, and X3 Growth Intelligence per plan with projects and seats. The local server of X3 Automation has a one-off setup fee and a monthly fee.

If an organisation books two different X3 products on paid plans at the same time, we grant a 15% bundle discount, and 25% for three products. The discount applies only to the base prices of the plans, not to usage (additional page views, AI usage), additional people, the local server, setup fees or additional services. It applies as long as the conditions are met; if a product ends, the discount no longer applies from the next billing period.

good vibes GmbH is currently not registered for Swiss VAT and does not charge VAT. For customers in the EU, the reverse charge procedure applies: the customer owes and pays the VAT due in its country itself. If we become liable for tax in the future, we will additionally charge the statutory VAT; this is not a price change within the meaning of clause 20. Withholding taxes or other charges in the customer's country are borne by the customer.

We announce price changes for existing contracts at least 30 days in advance in text form (email or in the app). They take effect from the next billing period after the notice period. If the customer does not agree, it may terminate before they take effect, with effect from the end of the current period.

Paid plans, seats, people and monthly fees are charged in advance for the chosen period, usage monthly in arrears, and the setup fee of the local server on booking. We provide invoices electronically (by email or in the account). They are due immediately without deduction.

Payment is processed via our payment provider Stripe using the payment methods offered there. The customer authorises us to collect amounts due via the stored payment method and keeps it valid. Fees for returned direct debits or chargebacks for which the customer is responsible are borne by the customer.

If a payment fails, we try again and remind the customer by email. If an amount due has not been paid 14 days after the first reminder, we may restrict the paid features of the affected organisation to read-only access; exporting data remains possible. After a further 30 days without payment, we may terminate the contract for good cause. From the time of default, the customer owes default interest of 5% per year (Art. 104 CO). The obligation to pay the fees continues during a restriction.

The customer must raise any objections to an invoice within 30 days of receipt; after that, the invoice is deemed approved. The customer may only set off undisputed claims or claims that have been finally established by a court.

We operate X3 with the care of a professional provider and aim for high availability. A specific availability (service level) only applies if it is expressly agreed in an individual offer. The following do not count as downtime: scheduled maintenance, disruptions at third-party providers (e.g. hosting, ad platforms, AI providers, apps via Composio, app stores), disruptions due to force majeure or attacks that we cannot prevent despite reasonable protective measures, and disruptions caused by the customer or its systems.

Where possible, we carry out maintenance outside normal business hours and announce longer maintenance in advance. We may install urgent security updates at any time.

We provide support by email (deno@x3growth.io) and via the channels named in the app on Swiss working days during business hours. Response times are only binding if they have been agreed. For the customer's employees, the customer itself is the first point of contact.

The customer only uses X3 in accordance with applicable law, these terms and the policies of connected platforms. It ensures that it has the necessary rights, legal bases and consents for all customer data and informs the data subjects (in particular in its privacy policy).

In particular, the following is not permitted: (a) spam, unsolicited advertising by email, phone or messages and circumventing unsubscribes; (b) unlawful, infringing, discriminatory, deceptive or criminal content; (c) infringement of third-party rights, such as copyrights, trademarks or personality rights; (d) processing sensitive personal data (e.g. health data) or data of minors without a legal basis and without prior agreement with us; (e) malware, attacks, load tests, scans or attempts to circumvent security measures, plan limits or budgets; (f) extracting data (scraping) outside the documented interfaces, reverse engineering unless mandatorily permitted by law, and building a competing product; (g) renting out or providing X3 to third parties, except for agencies under clause 25; (h) using AI features for practices prohibited under the EU Artificial Intelligence Act or for decisions with legal effect on people without human review; (i) use in breach of sanctions or export control law.

The customer additionally backs up its own important data itself where necessary, for example via the export. It ensures the technical requirements on its side (browser, internet connection, installation of the tracking code, devices, and for the local server, power supply, network and on-site access).

In the event of a breach or a reasonable suspicion, we may block affected content, features, connections or access to the extent appropriate and will inform the customer. We lift the block as soon as the reason no longer applies.

At the customer's request, X3 connects third-party systems: ad platforms (e.g. Google Ads, Meta, LinkedIn, TikTok), mailboxes and calendars (Google, Microsoft), CRM systems and, via the Composio connection platform, more than 1,500 other apps. The use of these third-party systems is governed exclusively by their terms and policies in the relationship between the customer and the third-party provider. The customer only connects accounts it is entitled to use and complies with these terms.

By setting up a connection, the customer authorises X3, within the scope of the permissions granted, to read data from the third-party system and, where the customer sets this up or triggers it, to perform actions there on its behalf (e.g. report conversions, send emails, create records). The customer can disconnect at any time.

We are not responsible for the availability, content, prices and changes of third-party systems and their interfaces. If a third-party provider changes its interface or terms, we will adapt X3 within a reasonable period insofar as this is economically reasonable; individual connections may be restricted or discontinued as a result. Costs incurred with the third-party provider (such as ad budgets, fees for your own API keys) are borne by the customer.

Customer data belongs to the customer. We only use it to provide the services, operate X3 securely, fix errors and prevent misuse, and according to the customer's instructions.

Insofar as we process personal data on behalf of the customer (in particular data of website visitors, contacts, leads, email recipients and content in X3 Automation), the customer is the controller and we are the processor. The data processing agreement under Art. 28 GDPR and Art. 9 FADP (x3growth.io/en/dpa) applies to this and is concluded upon acceptance of these terms. We are the controller ourselves for the data of users in the X3 Konto, for billing and for our website; our privacy policy (x3growth.io/en/privacy) applies to this.

We may use usage and operating data as well as fully anonymised metrics derived from customer data that cannot be traced back to the customer or to individuals in order to operate, secure and improve X3. We do not use customer data to train AI models for other customers.

For the term of the contract, the customer receives the simple, non-transferable and non-sublicensable right to use the booked products within the scope of its plan for its own business purposes and to have them used by its users. Agencies may use X3 for their clients (clause 25). Software, code, SDKs, templates, documentation, trademarks and know-how remain with us or our licensors. For open-source components (such as the X3 SDK), their licences take precedence.

The customer grants us the rights to customer data that we need to provide the services. We may use suggestions and feedback about X3 without remuneration. We only name the customer as a reference with its consent.

The customer may freely use results of the AI features and analyses generated for it, unless third-party rights stand in the way. We give no guarantee that intellectual property rights arise in such results or that they are free of third-party rights.

Both parties treat non-public information of the other party that is marked as confidential or recognisably confidential as confidential and only use it for the contract, including for five years after the end of the contract. This does not apply to information that is publicly known, lawfully obtained from third parties, independently developed or that must be disclosed due to a legal or official obligation. People at X3 who have access to customer data are bound to confidentiality.

We provide the products in a condition suitable for contractual use. The customer reports defects without delay with a comprehensible description. We remedy reported defects within a reasonable period, including through workarounds or updates.

If the usability of a paid plan is significantly impaired for an extended period, the customer may reduce the fees appropriately for the duration of the impairment; if the defect is not remedied within a reasonable grace period, it may terminate the affected contract without notice. For free plans and trials, warranty is excluded to the extent permitted by law.

We give no warranty for results that depend on data, systems or decisions of the customer or third parties, in particular not for the completeness of measurement data (e.g. with ad blockers, missing consent or incorrect installation), for attributions and estimates of attribution, for the results of ad campaigns, for the delivery of emails or for the accuracy of AI results (clause 24).

We are liable without limitation for damage we cause intentionally or through gross negligence, for personal injury, under the Product Liability Act and insofar as a limitation is not permitted by law.

Otherwise, our liability for slight negligence for all claims in a contract year combined is limited to the fees the customer paid for the affected product in the twelve months before the event giving rise to the damage. For slight negligence, we are not liable for indirect and consequential damage, lost profits, lost savings, loss of revenue, damage from third-party claims or loss of data, insofar as the damage would not have occurred had the customer made an appropriate backup of its own data.

For free plans and trials, we are only liable for intent and gross negligence.

We are not liable for actions and content initiated by the customer, its users, its connections or AI assistants it has instructed, for disruptions and actions of third-party providers that we do not use as auxiliary persons, or for decisions the customer makes on the basis of analyses, recommendations or AI results.

The limitations of liability also apply to our corporate bodies, employees and auxiliary persons. To the extent permitted by law, claims under this contract become time-barred one year after knowledge of the damage and the party causing it, except in cases of intent and gross negligence.

The customer indemnifies us against third-party claims, fines and reasonable legal defence costs arising from the customer or its users using X3 unlawfully or contrary to these terms, in particular due to missing legal bases or consents for customer data, unsolicited advertising or infringement of third-party rights by customer data. We inform the customer of such claims without delay and coordinate the defence with it.

Free plans run indefinitely. Paid plans run for the chosen billing period (one month or one year) and renew automatically for the same period unless cancelled beforehand. Each product can be cancelled separately. The customer can cancel at any time with effect from the end of the current period in the X3 Konto or in the app, or alternatively in text form to deno@x3growth.io. For individual offers, their term and notice period apply; unless agreed otherwise, the local server has a minimum term of twelve months.

After a paid plan ends, the product continues on the free plan if there is one (Growth Intelligence Free, CRM Starter); its limits then apply. X3 Automation has no free plan; it is locked when the contract ends. We may end free plans that have not been used for twelve months after giving 30 days' prior notice.

The right of both parties to terminate for good cause remains unaffected. Good cause exists for us in particular in the event of late payment under clause 8, serious or repeated breaches of clause 10, a threat to the security of X3 or the customer's insolvency. Fees already paid are not refunded if we terminate for good cause; if the customer terminates for good cause for which we are responsible, we refund prepaid fees pro rata.

We may temporarily suspend access if this is necessary to avert a significant threat to X3, other customers or third parties, or if an authority requires it. We limit the suspension to what is necessary and inform the customer.

During the term, the customer can download its customer data at any time via the app, the export or the API in common formats (e.g. CSV, JSON).

If a paid plan ends and the product continues on the free plan, we delete the data that exceeds the retention period of the free plan after 30 days. If a product without a free plan ends, its data remains available for export (read-only access) for another 30 days; after that, we delete it permanently within a further 30 days. If the customer deletes data, projects or an entire organisation itself, these are deleted immediately or in the next regular deletion run and cannot be restored; the customer exports beforehand whatever it wants to keep. In all cases, data is removed from backups as part of the regular rotation after a further 35 days at the latest.

This does not apply to data we must retain due to legal obligations (in particular invoice and accounting data for ten years under Art. 958f CO) and to anonymised metrics under clause 12. We provide further support with a migration on request for a separate fee.

We may change these terms and the DPA with effect for the future if there is an objective reason, such as new features or products, changes in law, case law or third-party terms, and the balance between performance and consideration is not shifted significantly to the customer's disadvantage.

We notify changes at least 30 days before they take effect in text form (email to the owners of the organisation or a notice in the app). If the customer does not object before they take effect, the changes are deemed accepted; we point this out in the notification. If it objects, either party may terminate the affected contract with effect from the date the change takes effect; until then, the previous terms apply. Changes that are exclusively to the customer's advantage or become mandatory by law may take effect immediately.

Declarations under this contract may be made in text form (email, notice in the app) unless written form is expressly required. We send notifications to the customer to the email address of the owners of its organisation stored in the X3 Konto.

The customer may only transfer rights and obligations under the contract to third parties with our consent. We may transfer the contract to an affiliated company or an acquirer of the business with 30 days' notice; in this case the customer may terminate with effect from the date of transfer.

Swiss law applies exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules. The exclusive place of jurisdiction is Zug, Switzerland. We may also sue the customer at its registered office.

If a provision is invalid or unenforceable, the rest of the contract remains valid; the provision is replaced by a valid provision that comes closest to its economic purpose. The German version of these terms is authoritative.

X3 Growth Intelligence measures the use of the customer's websites and apps with cookieless first-party tracking (X3 SDK, proxied via the customer's domain), attributes visits and leads to channels, campaigns and ads, reads ad costs from connected ad accounts (Google, Meta, LinkedIn, TikTok) and reports conversions and signals to ad platforms server-side (Conversions API). It also offers heatmaps, recordings (session replay), a live view, lead capture and pipeline, experiments, reports, CRM integrations and access via REST API, SQL and MCP (such as Claude).

The customer installs the tracking itself or with our instructions and decides which features it uses on which pages. It checks under its own responsibility whether its configuration requires consent (e.g. under Art. 6 GDPR, § 25 TDDDG or comparable rules), obtains it and passes the consent status on to X3. The cookieless default setting does not replace this check. For this, X3 offers settings such as consent mode, masking, excluding pages, objection (x3_notrack) and respecting Global Privacy Control.

Recordings and heatmaps mask form input and text recognised as personal in the browser by default. The customer must not switch off this masking for pages with sensitive data, payment or sign-in data and excludes such pages where necessary. X3 only shows recordings of individual visits within the chosen consent and privacy settings.

If the customer reports conversions, leads or signals to ad platforms, it decides which events and data (such as click identifiers or hashed contact data) are transmitted and needs its own legal basis for this. The ad platforms process the data under their own terms; they are not sub-processors of X3.

Attribution, relevance score, recommendations and forecasts are based on models and incomplete data (e.g. ad blockers, missing consent, data supplied by the platforms). They are decision aids, not guarantees. We charge page views above the allowance of a paid plan in accordance with clause 6. On the Free plan, page views above the allowance are stored after a one-off grace period but only shown after an upgrade; once the recording allowance is reached, recordings pause until the next month. The retention period for raw data and recordings depends on the plan and is stated on the pricing page.

X3 CRM manages contacts, companies, leads, deals, tasks, notes and appointments, offers a calling mode (power dialer with call scripts), the connection of mailboxes and calendars (Gmail, Google Calendar, Outlook, Microsoft 365) via OAuth, sending emails via the connected mailbox, email templates, booking pages, inbound rules, reports and a mobile app. X3 CRM Starter is free for up to 3 users; Pro and Business are charged per user.

The customer is responsible for the lawfulness of its outreach, in particular for consent to advertising by email, phone or message (e.g. Art. 3(1)(o) Swiss UWG, § 7 German UWG, Art. 13 ePrivacy Directive), for unsubscribe options and for informing contacts about the data processing. The customer makes calls via its own phone or mobile; X3 does not provide telephony and does not record conversations.

By connecting a mailbox or calendar, the user allows X3, within the scope of the permissions granted, to read and synchronise emails and appointments and to send or create them on the user's behalf. The use of data from Google services is governed by the Google API Services User Data Policy, including the Limited Use requirements. The connection can be removed at any time.

Open and click tracking: X3 can add a tracking pixel and redirected links to sent emails to capture opens and clicks; the recipients' IP address and browser identifier are not stored. The feature is switched on by default and can be switched off for the whole organisation, per person and per email. The customer is the controller of this processing; it checks whether it needs the recipients' consent for this (e.g. under § 25 TDDDG or the ePrivacy Directive), obtains it and informs the recipients. Without a legal basis, it switches tracking off. Opens may be inaccurate for technical reasons (e.g. due to image previews or protection features of email programs).

For booking pages and emails on the Starter plan, X3 shows the note “Powered by X3”. For custom domains for booking pages or sending, the customer ensures the necessary DNS records and the rights to the domain. The terms of the respective app store (Apple App Store, Google Play) also apply to the mobile app; Apple and Google are not contracting parties and are not liable for the app.

X3 Automation offers an AI assistant for every person, a team chat with bots, workflows that connect more than 1,500 apps via Composio, approvals before sending or executing (four-eyes principle), permissions per role, a log, budgets, an MCP server and optionally a local server at the customer's premises. AI features are also available in the other X3 products; the following rules apply to all AI features.

AI results: AI features generate results based on probabilities. They may be incomplete, outdated, wrong, contradictory or inappropriate and may affect third-party rights. We give no warranty for accuracy, completeness or fitness for a particular purpose. AI results are not legal, tax, financial or other professional advice. The customer checks results before using them, in particular before sending them to third parties or basing decisions on them.

Actions and approvals: workflows, bots and the assistant can perform actions in third-party systems via the customer's connections, such as sending emails, changing or deleting records, creating appointments or preparing payments. These actions are carried out in the name and under the responsibility of the customer. The customer determines which actions require approval, who may approve and which permissions bots and people have. We recommend approvals for all actions with external effect or consequences that are hard to reverse. We are not liable for actions that the customer sets up without approval or that an authorised person approves, except in the case of a technical error for which we are responsible under clause 16.

Connections via Composio: X3 connects apps via the platform of Composio, Inc. The customer authorises every connection itself; the terms of the connected apps apply (clause 11). The availability and scope of individual apps and actions may change.

AI models and own keys: by default, we call language models via the Vercel AI Gateway from providers such as Anthropic or OpenAI; which providers and models are available may change. On the Business plan, the customer can store its own API keys for an AI provider. In that case, the customer's own contract with that provider governs the use of the model, the provider bills the customer directly, and the customer is responsible for complying with its terms. We store own keys encrypted, only display them masked and use them exclusively for that customer's requests. AI summaries of visits in X3 Growth Intelligence are switched off by default and use only the customer's own key.

AI usage and budget: the plan includes a monthly AI credit. Beyond that, AI usage is charged at the prices shown on the pricing page or in the app, up to no more than the set budget (clause 6). The count in X3 is authoritative for billing; the customer can see the usage in the app.

Obligations for AI: the customer does not enter any data into AI features for which it lacks the rights, and no sensitive data without a legal basis. It labels AI-generated content and bots towards third parties where required by law (e.g. under Art. 50 of the EU Artificial Intelligence Act) and does not use AI features for prohibited practices or as a high-risk system within the meaning of that regulation without agreeing this with us in advance.

Local server: on the Business plan, the customer can book a local server so that X3 Automation can query data in its network without permanently transferring it to the cloud. Setup, maintenance and updates are included in the price. The customer provides the location, power, network and, where agreed, the hardware, grants us the access needed for maintenance and is responsible for the server's access rights to its systems and for backing up its local data. Unless agreed otherwise, hardware supplied by us remains our property and must be returned after the end of the contract.

Via REST API, SQL access and MCP server, the customer and AI assistants it connects (such as Claude) can access customer data and perform actions within the scope of the permissions granted. We may set reasonable rate limits. Third-party AI assistants that the customer connects are subject to their own terms; they act on behalf of the customer.

Agencies may use X3 for their own clients, for example with Growth Intelligence agency plans or one organisation per client. The agency remains the contracting party and customer within the meaning of these terms. It ensures that its clients have agreed to the use and that a data processing agreement is in place with its clients, and passes the obligations under these terms and the DPA on to its clients. For agencies in the X3 Partners programme, the partner agreement also applies.

Annex: data processing agreement (DPA) with Appendix 1 (technical and organisational measures) and Appendix 2 (sub-processors), available at x3growth.io/en/dpa.