Beacon Terms

Beacon Privacy · Beacon Subprocessors · Beacon Data Processing Agreement · Beacon · German version (binding)

These supplementary terms (“Beacon Terms”) apply to Beacon, the CRM of Wilken UG (haftungsbeschränkt), Braugasse 14C, 50859 Cologne, Germany (“Wilken”, “we”). Beacon includes the web application at beacon.wilken.solutions, the related API, and the features enabled there, including contacts, companies, deals, email, sequences, calling, field sales, and AI assistance.

The General Terms and Conditions of Wilken UG (haftungsbeschränkt) also apply. If they conflict, these Beacon Terms prevail for Beacon. Inclusio, StayBooking, and services under the VirtusNova brand have their own terms.

Beacon is offered only to entrepreneurs within the meaning of Section 14 of the German Civil Code. Consumers are excluded. There is no statutory right of withdrawal.

There is currently no self-service checkout and no online order with a displayed price. A contract is formed by an individual offer and acceptance, by another written or electronic agreement, or when Wilken provisions access and the customer uses Beacon. Use accepts these Beacon Terms and the Beacon Data Processing Agreement.

Fees, term, workspace scope, and any minimum term come only from the individual agreement. Unless something else is agreed, the customer does not owe a subscription fee merely because this page exists.

Wilken provides Beacon as software used over the internet. The scope is the feature set described in the individual agreement or enabled for the customer. That may include contacts, companies, and deals; email through a connected mailbox or a sending service; sequences; calling; field-day planning; drafts, notes, and tasks; and AI assistance through Google Gemini.

Wilken does not owe a particular commercial result, reply rate, availability, response time, legal, tax, or compliance advice, the lawfulness of the customer’s campaigns, or the content the customer or the AI produces.

Wilken may change, add, or retire features if the core purpose described in the agreement remains. Third parties (email, calling, AI, maps, calendar) may change their interfaces. That is not a defect in Beacon if Wilken adapts the connection with reasonable effort or offers a reasonable alternative.

The customer is the controller of personal data it processes in Beacon about its contacts, companies, deals, emails, calls, and field notes. Wilken is the processor under Article 28 GDPR for that data. The Data Processing Agreement is part of these terms.

Wilken is the controller for its customers’ user and contract data, for the technical security of Beacon, for the product page on wilken.solutions, and for the global suppression list. Details are in the Beacon Privacy Policy and the wilken.solutions Privacy Policy.

Subprocessors are listed in the Beacon Subprocessor List.

The customer may use Beacon only for its business and only with a legal basis. The customer remains responsible for consent, existing-customer relationships, objections, and notices to its contacts, including under the GDPR and German unfair-competition law for advertising email.

The customer must not import or generate content that infringes third-party rights, and must not include special-category data under Article 9 GDPR unless Wilken has first been instructed in writing and the legal basis has been shown. Beacon is not designed for that data.

Credentials must be kept secret. The customer names the people who may use a workspace and removes access when someone leaves.

The customer indemnifies Wilken against third-party claims arising from use without a legal basis, without required consent, or with unlawful content, including reasonable defence costs.

When a workspace places or receives calls, a telephony provider carries the call. Beacon records the call, creates a transcript, stores notes, and may create tasks and an unsent email draft. Beacon does not play a recording notice on the call.

The customer warrants that every call and every recording has consent or another valid legal basis, including under Section 201 of the German Criminal Code. The customer is the controller of the call, the recording, and the transcript. Wilken may suspend calling for a workspace if there are signs that a legal basis is missing.

After the recording is copied into Beacon storage, the telephony provider’s copy is deleted. Details are in the Beacon Privacy Policy.

Sending may go through an email service Wilken engages or through the user’s connected Google or Microsoft mailbox. Display name, signature, and reply-to follow the sending identity set up for the workspace.

Wilken keeps a global suppression list. A suppression, in particular after an objection or a reply classified as legally significant, applies to every workspace Wilken operates. Workspace administrators cannot lift those entries. A workspace may also keep its own suppression list. The customer must not email a suppressed address through Beacon.

Wilken does not warrant that an email will be delivered. Delivery depends on mailboxes, spam filters, and the third parties.

AI features use Google Gemini. The content needed for the feature, such as a transcript, an email thread, or contact details, is sent to Google. Wilken does not use other AI providers.

Outputs are drafts and assistance. They are not reviewed, not legally binding, and not advice. The customer reviews every draft before sending, publishing, or relying on it. Wilken does not train its own models on customer content.

Beacon is operated with the care of a hosted service. A specific availability level is not owed. Maintenance and outages at Google Cloud, Supabase, the email service, telephony, or the AI can interrupt Beacon.

The customer exports data it needs independently of Beacon. Wilken keeps the usual backups of the production database, but does not owe a particular restore time or replacement of content the customer deleted.

Beacon, the source code, and the interface remain Wilken’s. For the agreed term the customer receives a non-exclusive, non-transferable right to use Beacon for its own workspaces. There is no right to sublicense, reverse engineer, or run a competing instance.

Content the customer submits stays the customer’s. The customer grants Wilken the right to host and process it and to pass it to the parties named in the subprocessor list, as far as the contract requires.

Term and termination follow the individual agreement. If none is agreed, either party may terminate with 30 days’ notice to the end of a month. Termination for good cause remains available. Text form is enough.

After the contract ends, Wilken deletes or returns CRM data processed on instruction within 30 days if the customer asks for a return before that period ends and no legal duty says otherwise. Suppression entries Wilken holds as controller, and billing or security records, may be kept while a legal ground exists.

Wilken’s liability is unlimited for intent and gross negligence, for injury to life, body, or health, and under the German Product Liability Act.

For slight negligence Wilken is liable only for breach of a cardinal duty and only for typical, foreseeable damage. Cardinal duties are those that define the contract and that the customer may rely on. Other slight-negligence liability is excluded. The liability rules of the Wilken Terms apply in addition where they do not increase this liability.

Wilken is not liable for lost revenue, missed deals, refused consent, spam classification, faulty AI drafts the customer uses without review, or calls placed without a legal basis.

Wilken may change these terms if features, providers, or the law change. Wilken will give notice. If the customer does not object in text form within four weeks, the changes are accepted, provided Wilken pointed out that consequence. The right to object to a new subprocessor in the subprocessor list is unaffected.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant, a public-law entity, or a public-law special fund, Cologne is the place of jurisdiction.

Contact: info@wilken.solutions. The legal notice has the other mandatory details.