2.1 The Provider offers the customer a software solution exclusively for use as a Software-as-a-Service (“SaaS”) service within their own available range (from the data center interface to the Internet) ("SaaS Solution").

2.2 The scope of individual services is defined by the description of the SaaS Solution as it exists at the time the contract is concluded.

2.3 The Provider may make changes to the SaaS Solution as long as these are reasonable for the customer, taking their interests into account.

2.4 The Provider may modify their services as long as these modifications are reasonable for the customer, considering their interests.

2.5 To ensure the security, availability, and resilience of the SaaS Solution, the Provider may make changes to the SaaS Solution, including updates and upgrades, as long as these are reasonable for the customer, considering their interests.

2.6 The Provider is not responsible for establishing and maintaining the Internet connection between the described handover point and the customer's IT system.

2.7 Additional services, such as the development of individual solutions or customer-specific adjustments to the SaaS Solution, are not included and require a separate contract.

3.1 The customer is granted a non-exclusive, non-transferable, non-sublicensable right to use the SaaS Solution for the term of the contract. The contractual usage includes access to the SaaS Solution via telecommunications (over the Internet) and via a browser to the functionalities of the SaaS Solution.

3.2 The customer is not permitted to make the SaaS Solution or any part of it accessible to third parties. In particular, they are not allowed to sell, lend, rent, or sublicense the SaaS Solution or any part of it. Excluded from this are parts of the SaaS Solution that must be publicly offered as part of the service scope of the SaaS Solution.

3.3 The customer does not receive any additional usage rights, particularly with respect to the software or middleware itself or the infrastructure services in the respective data center.

4.1 The provider guarantees a 98% availability of the SaaS Solution on an annual basis. This guaranteed availability applies only from package size M onwards.

4.2 Excluded from this are:

Planned maintenance work on the SaaS Solution. Planned maintenance will be announced to the customer at least three days in advance via electronic means (e.g., by email or in the customer portal).

Unscheduled downtimes ("disruptions") and time loss in resolving disruptions due to causes not attributable to a breach of duty by the provider, particularly disruptions due to force majeure.

4.3 The customer must report any disruptions in the availability of the SaaS Solution to the provider immediately upon becoming aware of them and check whether a disruption exists in their own area of responsibility.

4.4 If the disruption report is received during business hours (Monday to Friday between 9:00 AM and 5:00 PM), troubleshooting will begin within four hours; otherwise, troubleshooting will start on the following business day. Any time loss caused by the customer in resolving disruptions will not be counted towards the troubleshooting time.

4.5 As a basic agreement, the provider guarantees a response time of one business day during its business hours. In the event of disruptions that lead to a complete failure of the software, the provider will respond within four hours of receiving the disruption report. If the report of a disruption is made outside of business hours, the response time will begin on the following business day.

4.6 Deviations from these troubleshooting times and response times are not guaranteed and require a separate agreement.

5.1 Access to the SaaS Solution via a sufficiently up-to-date browser is required for its use. The following browsers and their latest versions are defined as sufficiently up-to-date: Mozilla Firefox, Google Chrome, Microsoft Edge.

5.2 Malfunctions due to insufficiently updated browser software do not constitute a defect in the SaaS Solution.

6.1 To the extent that the provider can access personal data of the customer or from the SaaS Solution, it will act solely as a processor and will only process and use this data for contract fulfillment.

6.2 The customer concludes a data processing agreement with the provider in accordance with Art. 28 GDPR, to the extent that the provider processes personal data on its behalf.

6.3 The customer remains the controller both generally in the contractual relationship and in the data protection legal sense. If the customer processes personal data (including collection and use) in connection with the contract and the SaaS Solution, it ensures that it is authorized to do so under applicable laws, particularly data protection regulations, and indemnifies the provider against claims by third parties in the event of a violation.

6.4 The provider creates a full backup of the customer's data and settings once a day per SaaS Solution.

6.5 A backup will be retained for a period of fourteen days and will be available to the customer for restoration via the customer portal at any time during this period.

6.6 The customer will carry out additional data backups independently as needed or regulate them in a separate contract with the provider.

7.1 The customer must protect the access rights assigned to them or to the users, as well as identification and authentication information, from access by third parties and must not disclose them to unauthorized persons.

7.2 The customer is obliged to indemnify the provider against all claims by third parties based on legal infringements that are caused by an unlawful use of the SaaS Solution by them or that occur with their approval. If the customer becomes aware or should become aware that such a violation is imminent, they have a duty to promptly inform the provider.

7.3 The customer is required to comply with the applicable law of the Federal Republic of Germany. The customer must provide public parts of the SaaS Solution with an identification of the provider that meets legal requirements ("Impressum").

7.4 The customer is responsible for the content they disseminate through the SaaS Solution. They must ensure that the data they make accessible does not infringe the rights of third parties. The customer assumes full liability for ensuring that the data provided, entered, or fed in by them complies with competition, trademark, name, and copyright laws. Furthermore, the customer agrees not to provide or feed into the SaaS Solution any content that is pornographic, glorifies violence, is discriminatory, legally prohibited, harmful to minors, violates public morals, or endangers public order and safety. This also applies if such content is made accessible through links ("hyperlinks") set up by the customer to third-party pages.

8.1 The provider is entitled to suspend access to the SaaS Solution and its data if the customer unlawfully violates any of the essential obligations (“cardinal obligations”) outlined in this contract, particularly those listed in 7.3 and 7.4.

8.2 Access will only be restored once the breach of the affected essential obligation has been permanently remedied.

8.3 The provider is entitled to delete the affected data in the event of a breach of 7.3 and 7.4.

8.4 In the case of permanent or repeated violations, particularly of the obligations mentioned in 7.3 and 7.4, the provider may terminate the contractual relationship without notice after issuing a warning.

9.1 The prices and the usage-dependent fees incurred for each SaaS solution are based on the provider's current price list.

9.2 The prices consist of a monthly basic fee as well as usage-dependent fees depending on the SaaS solution.

9.3 Usage-dependent fees are incurred through calls, forwarding, and SMS.

9.4 Fees are charged monthly and are payable in advance for the duration of the contract unless a shorter billing period is agreed upon.

9.5 Usage-dependent fees will be billed separately at the end of the contract term or upon termination of the contract.

9.6 The customer remains obligated to pay the usage-dependent fees incurred during the contract term even after termination of the contract.

9.7 All invoices will be provided to the customer as electronic invoices via email and in the customer portal. If the customer requests the postal delivery of an invoice, the provider may charge a fee for the shipping costs as well as an administrative fee.

9.8 The provider is entitled to change the prices at the beginning of the next contract term with a reasonable notice period of at least one month. If the customer does not object to the price change within a reasonable period set by the provider, the price change will be deemed approved. The provider will inform the customer in the notice of the price adjustment that the price change will take effect if the customer does not object. In the event that the price increase does not exceed 10% per year, the customer does not have a special right of termination. The right to terminate the contract properly remains unaffected.

9.9 In the event of the customer being in arrears with payments, the provider is entitled to suspend access to the SaaS solution.

10.1 By clicking "Order for a Fee," the customer submits an order and expressly declares their binding contractual offer. The provider will promptly confirm receipt of the order to the customer.

10.2 The contract with the customer is only concluded through the explicit acceptance of the contract by the provider or with the first act of performance.

10.3 The provider is entitled to accept the customer's contractual offer within three working days of its receipt. The provider may reject the contractual offer without providing reasons.

10.4 Unless otherwise agreed, the contract is concluded for a term of 12 months or 1 month.

10.5 The contract may be terminated with a notice period of 30 days, but not before the end of the minimum contract term. Otherwise, the contract is extended for another contract term unless it has been terminated with a notice period of 30 days before the end of the respective extension period.

10.6 Furthermore, the contract may be terminated by either party without notice for an important reason. An important reason that entitles the provider to terminate the contract exists, in particular, if the customer violates the provider's usage rights by using the SaaS solution beyond the permitted extent of this contract and does not remedy the violation within a reasonable period after receiving a warning from the provider.

10.7 Terminations are only valid if made through the customer portal (https://aicall.io).

10.8 After termination of the contract, the provider will irrevocably delete all customer data stored in the SaaS solution as well as the customer's account. In the event of termination by the provider, the customer has the option to continue accessing their data stored in the SaaS solution for up to two weeks after the termination of the contract and to secure it independently. Data that the provider is not permitted to delete due to legal regulations may alternatively be blocked and only deleted after the legal provision no longer applies.

The offer from aicall.io is exclusively directed at entrepreneurs and freelancers within the meaning of §14 of the German Civil Code (BGB). Therefore, there is no right of withdrawal.

12.1 The provider is liable without limitation for intent or gross negligence of the provider or one of its vicarious agents, for the injury to life, body, or health, or for a breach of a material contractual obligation (cardinal duty) in a manner jeopardizing the purpose of the contract, as well as within the scope of its own liability towards affected parties under the provisions of Article 82 GDPR.

12.2 In the case of slightly negligent breaches of a duty that is essential for achieving the purpose of the contract (cardinal duty), the provider’s liability is limited to the damage that was foreseeable and typical for the provider at the time of contract conclusion.

12.3 Further liability of the provider does not exist. In particular, the provider is not liable for initial defects unless the conditions of 12.1 or 12.2 are met.

12.4 The provider assumes no liability for disturbances in telecommunications connections over internet lines, in cases of force majeure, due to the fault of third parties, or the customer itself.

12.5 If the customer is a merchant, a legal entity under public law, or a special public law fund, liability is limited, except in cases of intent and gross negligence, to the total contractual fees paid by the customer to the provider for the period of the last 12 months prior to the occurrence of the damaging event within the framework of the specific contractual relationship.

13.1 The provider is released from the obligation to perform under this contract if and to the extent that the non-fulfillment of services is due to the occurrence of circumstances of force majeure after the conclusion of the contract.

13.2 Circumstances of force majeure include, for example, wars, strikes, riots, expropriations, cardinal changes in law, storms, floods, and other natural disasters, as well as other circumstances for which the provider is not responsible, particularly internet or infrastructure failures caused by third parties, water ingress, power outages, and interruptions or destruction of data-carrying lines.

13.3 The provider will promptly inform the customer in text form about the occurrence of a case of force majeure.

14.1 This contract is governed by the law of the Federal Republic of Germany, excluding conflict-of-law provisions, the UN Convention on Contracts for the International Sale of Goods, and the CISG. The place of jurisdiction is the provider's registered office, provided that the customer is a merchant, a legal entity under public law, or a special fund under public law.

15.1 The European Commission provides a platform for online dispute resolution (ODR). The platform is available at https://www.ec.europa.eu/consumers/odr. Consumers have the option to use this platform to resolve their disputes.

15.2 We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and will decide individually on participation on a case-by-case basis.

aicall.io reserves the right to amend or supplement the terms and conditions. Changes will be communicated in text form to the email address provided at aicall.io. Users will be notified of changes at least six (6) weeks in advance. If the user does not object to the amended terms within six (6) weeks, they will be considered accepted. In the event of an objection, aicall.io has the right to terminate the contractual relationship at the effective date of the amended terms. The right of both parties to terminate the contract remains unaffected.

Should one or more provisions of the contract and/or these terms and conditions be or become invalid, the validity of the remaining terms/contract shall not be affected. The invalid provision shall be replaced by a valid provision that comes closest to the intended economic purpose. The same applies in the event of a gap in this agreement.