Terms and Conditions

§ 1 Scope and Service Description

(1) Scope of Application

These Terms and Conditions (hereinafter “Terms”) apply to all contracts between Vokaro (hereinafter “Provider”) and businesses (hereinafter “Customer”) regarding the use of the AI phone receptionist “Vokaro”.

(2) Service Description

Vokaro is an AI-powered phone receptionist that provides the following services:

• Automatic answering of incoming calls (24/7)
• Answering frequently asked questions (FAQ)
• Appointment booking and calendar management
• Transfer to human staff when needed
• Creation of call summaries (text transcripts)
• Integration with calendar and booking systems

The service is exclusively intended for business customers (B2B). Use by consumers is not intended.

(3) Technical Requirements

To use the service, the Customer requires a functioning phone number and internet access. The minimum technical requirements are published on the Provider's website.

§ 2 Contract Formation and Duration

(1) Contract Formation

The contract is formed upon the Customer's acceptance of the Provider's offer. The presentation of services on the website does not constitute a binding offer but an invitation to the Customer to submit an offer.

(2) Contract Duration

The contract is concluded for an indefinite period and may be terminated by either party with one month's notice to the end of a calendar month. The right to extraordinary termination for cause remains unaffected.

(3) Trial Period

If agreed, the Customer may initially use the service during a free trial period. During the trial period, the contract may be terminated at any time without notice.

(4) 14-Day Trial Period

New customers may initially use the service during a 14-day trial period. The following conditions apply:

• Trial End: The Customer receives an email notification 3-5 days before the trial expires
• No Automatic Billing: After 14 days, the service ends automatically unless the Customer actively starts a subscription. NO automatic billing occurs without the Customer's explicit consent
• Data Deletion: If the service is not continued, all customer data is deleted after 30 days
• Data Protection: A data processing agreement (DPA) pursuant to Art. 28 GDPR is signed before setup

The trial period is otherwise subject to these Terms and Conditions. The right to terminate at any time during the trial period remains unaffected.

§ 3 Prices and Payment Terms

(1) Prices

The prices published on the website at the time of contract conclusion apply. All prices are exclusive of statutory value-added tax (VAT).

Current Pricing:

• One-time Setup: €199
• Complete Package: €99 / month
• Enterprise & Partners: Custom pricing for high volumes, white-label, and reseller

(2) Payment Terms

Billing occurs monthly in advance. Additional services (e.g., exceeded included minutes) are invoiced subsequently. Payment is due within 7 days of invoicing.

(3) Price Adjustments

The Provider is entitled to adjust prices with 6 weeks' advance notice. In the event of a price increase, the Customer has the right to extraordinary termination.

(4) Late Payment

In the event of late payment, the Provider is entitled to suspend the service and charge default interest at the statutory rate. The Customer remains obligated to pay.

§ 4 Customer Obligations

(1) Proper Use

The Customer undertakes to use the service exclusively for lawful purposes and to comply with applicable legal provisions.

(2) Prohibition of Outbound Advertising Calls

The Customer is expressly prohibited from using the service for unsolicited advertising calls (“cold calling”) or other outbound calls without prior consent of the called party (§ 7 UWG, German Unfair Competition Act). Phone numbers may only be used for incoming calls.

Outgoing calls are only permitted for:

• Appointment confirmations with existing customers
• Callbacks upon explicit request
• Transactional messages with documented consent

In the event of violations of this prohibition, the Provider is entitled to immediate termination. The Customer is liable for all resulting damages.

(3) Responsibility for AI-Generated Content

The Customer is responsible for all content generated, distributed, or processed by the AI assistant. The Customer must ensure that AI usage complies with legal standards.

(4) Data Security

The Customer must implement appropriate security measures for handling sensitive data. The Customer is obligated not to process highly sensitive data (e.g., payment information, health data) without additional security measures.

(5) Access Credentials

The Customer is obligated to keep access credentials confidential and to protect them from third-party access. The Customer is liable for all activities carried out using their access credentials.

(6) Reporting of Issues

The Customer is obligated to report identifiable defects or disruptions to the Provider without undue delay, no later than within 8 days.

§ 5 Availability and Warranty

(1) Availability

The Provider strives for high service availability. An availability of 99.5% annual average is targeted but not guaranteed. Excluded are maintenance work, force majeure, and disruptions beyond the Provider's control.

(2) Maintenance

The Provider is entitled to perform maintenance work. This will, where possible, be carried out outside regular business hours and announced in advance.

(3) Warranty

The Provider warrants that the service substantially corresponds to the agreed services. The warranty period is 12 months from service delivery. In the event of defects, the Provider has the right to remedy first.

(4) No Guarantee for AI Accuracy

The Provider expressly points out that AI systems are not error-free. In particular, no guarantee is given for the accuracy of AI-generated responses. The service is not intended for providing legal, medical, or other specialized professional advice.

§ 6 Liability

(1) Liability for Intent and Gross Negligence

The Provider is liable without limitation for damages arising from injury to life, body, or health, as well as for damages based on intent or gross negligence.

(2) Liability for Slight Negligence

In the case of slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to the typically foreseeable damage.

(3) Limitation of Liability

In the case of simple negligence, the Provider's liability is limited to the amount of fees paid for 6 months, but no more than EUR 10,000 per claim.

(4) Exclusion of Liability for Third-Party Services

The Provider is not liable for disruptions or failures of third-party providers (e.g., telephony providers, calendar integrations) insofar as these are not within the Provider's area of responsibility.

(5) Customer Liability

The Customer shall indemnify the Provider against all third-party claims arising from unlawful use of the service by the Customer, particularly in the event of violations of the prohibition on outbound advertising calls.

§ 7 Data Protection and Confidentiality

(1) Data Protection

The Provider processes personal data in accordance with applicable data protection laws. Details can be found in the Privacy Policy.

(2) Data Processing Agreement

Insofar as the Provider processes personal data on behalf of the Customer, a separate data processing agreement (DPA) pursuant to Art. 28 GDPR will be concluded.

(3) No Recording by Default

Phone calls are not recorded by default. Only text transcripts are created for service delivery. Audio recordings are only made with prior consent of all call participants.

§ 8 Termination and Suspension

(1) Ordinary Termination

Either party may terminate the contract with one month's notice to the end of a calendar month. Termination requires text form (e.g., email).

(2) Extraordinary Termination

The Provider is entitled to immediate termination if:

• The Customer violates these Terms, particularly the prohibition on outbound advertising calls
• The Customer misuses the service or makes it available to third parties without authorization
• The Customer is in arrears with payment of two consecutive installments
• The Customer endangers or disrupts the Provider's infrastructure

(3) Suspension

The Provider is entitled to temporarily suspend access to the service if there is an important reason, particularly in the case of late payment or suspected abuse.

(4) Data Return

Upon termination of the contract, all customer data will be deleted within 30 days. The Customer is obligated to request a copy of their data before the end of the contract.

§ 9 Amendments to Terms

The Provider reserves the right to amend these Terms with 6 weeks' advance notice. Amendments shall be deemed approved if the Customer does not object within 6 weeks of receiving notice of the amendment. The Provider will specifically inform the Customer of the right to object and the significance of the objection period in the amendment notice.

§ 10 Final Provisions

(1) Applicable Law

The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Jurisdiction

The exclusive place of jurisdiction for all disputes arising from this contract is the Provider's place of business, provided the Customer is a merchant, a legal entity under public law, or a special fund under public law.

(3) Severability Clause

If individual provisions of these Terms are or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

(4) Written Form

Amendments and supplements to this contract require text form to be effective. This also applies to the waiver of this written form requirement.