Terms & Conditions
1. Scope and Contractual Basis
1.1 These Terms and Conditions ("T&C") govern the use of the VoiceBooker platform ("Platform"), through which users can create, manage, and connect VoiceBots/VoiceAgents and chatbots with external systems, as well as all related services provided by the provider.
1.2 Supplementary individual offers, service descriptions, price lists, product documentation, or service level agreements ("SLA") may apply. In the event of contradictions, the following order applies: individual agreement, service description or SLA, price list, these T&C.
1.3 By registering, placing an order, or using the Platform, the user accepts the contractual documents incorporated in each case.
1.4 Diverging terms of the user become part of the contract only if the provider expressly agrees to them in text form. Mere receipt of orders, data, requirements, or other specifications does not constitute acceptance of the user's T&C or other legal texts.
1.5 Collateral agreements and amendments or supplements to the contract require at least text form, unless mandatory law requires a stricter form.
1.6 The provider may amend these T&C, service descriptions, and pricing rules for the future if there is an objective reason, in particular due to technical developments, new features, changed market conditions, or new legal requirements. Changes will be communicated to the user in text form. If the user does not object within two weeks of receiving the notice and continues to use the Platform after the announced effective date, the changes are deemed accepted, insofar as they are reasonable for the user.
2. Contract Formation and Scope of Services
2.1 The Platform offers tools for the creation, configuration, management, and integration of VoiceBots/VoiceAgents and chatbots, as well as related analytics, automation, and support services.
2.1.1 Depending on the booked plan, the scope of services may also include connection to messaging channels, in particular a WhatsApp Business integration, as well as the management of chatbot-based communication workflows.
2.2 Information on websites, in presentations, demos, catalogs, or other materials is non-binding unless it has expressly been made part of the contract.
2.3 Offers made by the provider are non-binding unless they are expressly designated as binding.
2.4 Orders or instructions placed by the user are binding for two weeks from receipt by the provider unless the offer or ordering process provides otherwise.
2.5 A contract for paid services is concluded only when the provider confirms the order in text form, activates the booked service, or begins performance. A mere acknowledgement of receipt does not constitute acceptance.
2.6 The provider supplies the server-side infrastructure of the Platform. The user is solely responsible for end devices, browsers, telephony connections, internet access, and any other client-side or customer-side requirements.
2.7 The agreed service description is decisive for the type and scope of the services. The user must review it for suitability for the user's requirements and for completeness.
2.8 Changes to the agreed scope of services require a separate agreement and may affect prices, deadlines, dates, and technical requirements.
2.9 The provider shall perform the agreed services professionally in accordance with the technical standard customary at the time the contract is concluded. If several professionally adequate implementation methods exist, the provider may choose the appropriate form of performance.
2.10 The provider may perform services in whole or in part itself, through affiliated companies, or through suitable third-party providers. The provider is entitled to use hosting, telecommunications, analytics, AI, integration, or other third-party services for this purpose.
2.11 To the extent this does not conflict with the contractual purpose, the provider may replace agreed services with equivalent services or provide them in partial deliveries.
2.12 If systems, interfaces, data, content, or products of the user or third parties are integrated as part of the use of the Platform, the provider's responsibility in this respect is limited to the agreed integration, provisioning, or hosting environment. Responsibility for the content, lawfulness, licensing, availability, and functioning of external components remains with the user or the respective third-party provider.
2.13 Dates and deadlines are binding only if expressly designated as binding.
3. Registration and User Account
3.1 In order to use the Platform, the user must create an account and provide all required information completely and truthfully. The provider may in particular require a business email address and company details for this purpose.
3.2 The user must keep access credentials confidential and protect them from access by unauthorized third parties.
3.3 The user is liable for all activities carried out under the user's account to the extent the user is responsible for them.
3.4 The user must notify the provider without undue delay if there are indications of misuse of the account or unauthorized access.
3.5 The provider may block or delete user accounts if there is a breach of these T&C, if legitimate security interests require it, or if the user is in default with due payments despite a reminder.
4. User Obligations and Cooperation
4.1 The user undertakes not to use the Platform for unlawful, abusive, misleading, fraudulent, or otherwise non-contractual purposes.
4.2 In particular, it is prohibited to manipulate the Platform, circumvent security mechanisms, overload the Platform, grant unauthorized third parties access, disrupt the underlying infrastructure, or, except where mandatorily permitted by law, decompile, disassemble, reverse engineer, or technically modify the Platform.
4.3 The user shall ensure that the VoiceBots, content, telephone numbers, integrations, prompts, data flows, and use cases configured by the user do not violate applicable law, third-party rights, or these T&C.
4.4 The user must provide the provider in a timely manner and in a usable form with all information, documents, approvals, contacts, test access, and other cooperation required for setup, operation, support, troubleshooting, or further development.
4.5 The user is solely responsible for reviewing the accuracy, suitability, security, and legal compliance of the content, data, systems, and interfaces provided by the user.
4.6 If the user fails to comply with cooperation obligations, or does so late or inadequately, the provider may suspend its services in whole or in part until proper cooperation is provided. Deadlines and dates shall be extended accordingly.
4.7 If a third party asserts claims against the provider due to content, data, integrations, or uses provided by the user, the user shall indemnify the provider against such claims to the extent the user is responsible for the cause and shall support the provider in defending against such claims.
4.8 The user is responsible for the legal review of whether the specific use of the Platform complies with all legal, regulatory, telecommunications, competition, copyright, and data protection requirements. The provider does not carry out individual legal reviews.
4.9 If the provider receives concrete indications that content, data, or uses provided by the user infringe third-party rights or are unlawful, the provider may temporarily block the affected functions, content, or access and take appropriate protective measures until the matter has been clarified.
4.10 To the extent the Platform is used for automated or AI-supported calls, messages, chatbot communication, or other communication processes, including use via WhatsApp Business or comparable messaging services, the user alone is responsible for obtaining and complying with all legally required consents, notices, disclosures, and other admissibility requirements.
4.11 The user is also responsible for observing block lists, opt-out declarations, do-not-call rules, Robinson lists, and comparable legal or industry-specific contact restrictions. The user bears sole responsibility for all call scripts, audio files, prompts, and communication content provided by the user.
5. Prices and Payment
5.1 Use of the Platform may include free and paid plans. The prices agreed in each case or displayed on the Platform are decisive.
5.2 All prices are exclusive of applicable statutory value-added tax unless expressly stated otherwise.
5.3 The user must pay due fees and other charges on time. Where payment by invoice has been agreed and no different due date is specified, invoices are payable within 14 days from the invoice date without deduction.
5.4 In the event of payment default, the provider may, after prior notice, restrict paid functions, temporarily block access, or suspend further performance until outstanding amounts have been settled.
6. Rights to Content, Usage Rights, and References
6.1 The user retains the rights to the content contributed by the user and to individually designed VoiceBots, insofar as they are based on the user's own content or rights.
6.2 The user grants the provider a simple, non-exclusive right to use the content, VoiceBots, data, and configurations provided by the user insofar as this is necessary for hosting, operation, support, troubleshooting, further development, and the provision of the agreed services.
6.3 All rights to the Platform itself, standard modules, APIs, templates, documentation, analytics logic, additional modules, and other components provided by the provider remain with the provider or its licensors.
6.4 After full payment, the user receives a simple, non-exclusive, non-transferable, and non-sublicensable right to use paid or individually provided services within the contractually agreed scope. Unless agreed otherwise, use is limited to the user's own business purposes. To the extent individually developed additional features or modules are technically linked to the Platform, the right of use is, in case of doubt, limited to the duration of the contract term.
6.5 To the extent the services are based on third-party software, open-source components, or other licensed third-party content, the user must comply with the applicable license terms.
6.6 Unless expressly agreed otherwise, there is no claim to the delivery of source code, working files, intermediate results, internal configuration bases, or other tools used to create the services. Nor is the provider obliged to retain such materials permanently after completion of the work.
6.7 The provider may use improvement suggestions, feedback, or feature ideas from the user free of charge and on a non-exclusive basis for further development of its offering.
6.8 The provider is entitled to name the user by company name, brand, or logo as a reference and to communicate the business relationship in a customary manner unless the user objects in text form.
6.9 The provider may use appropriate technical measures to verify compliance with agreed usage, license, or access restrictions. Audit and usage data processed for this purpose may be used only for this purpose and must be deleted without undue delay after completion of the review, unless statutory retention obligations prevent this.
7. Support, Communication, Maintenance, and Further Development
7.1 Support and maintenance services are owed only to the extent contractually agreed or described in an applicable SLA.
7.2 Training, ongoing instructions, individual consulting, or specifically requested optimization services are owed only if expressly agreed and may be subject to additional charges.
7.3 There is no entitlement to support or consulting for third-party applications, systems brought in by the user, or integrated third-party products unless expressly agreed otherwise.
7.4 The provider may provide help pages, documentation, or other self-service resources. The user is expected to use these before making an individual support request.
7.5 Communication with the provider takes place via the support and communication channels designated by the provider in text form. Support may be provided in German and English and is processed within the published or agreed service hours.
7.6 The provider may carry out scheduled and unscheduled maintenance work and updates insofar as this is necessary for security, stability, troubleshooting, or further development. If noticeable impairments are to be expected, the provider will inform the user in advance of the time and expected duration where possible.
7.7 Measures without noticeable impact on use may be carried out at any time. In urgent cases, in particular security incidents, impending attacks, or critical malfunctions, the provider may take emergency measures without prior notice.
7.8 The provider continuously develops the Platform further. It may add, change, or discontinue features, formats, content, modules, or integrations insofar as this is objectively justified and reasonable for the user. The provider will inform the user in advance of material changes where possible.
7.9 Individual customizations, new special features, or additional modules may be developed by separate agreement and billed separately.
7.10 New or modified modules, upgrades, and additional features may be offered by the provider at its own discretion as free or paid options.
7.11 Technical system requirements may change, in particular due to new features, updates, or changed integrations. The user is responsible for adapting the user's systems to changed requirements.
8. Availability, Incident Reports, and SLA
8.1 To the extent the provider provides hosted core functions of the Platform, the target availability is 99% per calendar year unless a different SLA has been agreed.
8.1.1 Delays, interruptions, misrouting, misunderstandings, or other technical errors may occur in individual automated or AI-supported communication processes. There is therefore no claim to error-free execution of each individual call or each individual communication.
8.2 Unavailability not attributable to the provider includes in particular announced maintenance windows, necessary emergency measures, and outages outside the provider's reasonable control. This includes in particular force majeure, official measures, attacks on infrastructure, and failures of telecommunications, internet, hosting, hardware, software, or power supply providers.
8.3 If the agreed target availability is not met, the user may request a service credit in the amount of twice the percentage shortfall, based on the monthly base fee for the affected service period, unless a more specific SLA provides otherwise.
8.4 Incidents are classified according to severity:
8.4.1 Class 1: Use of the Platform is not possible or is unreasonably restricted; essential functions or security are severely affected.
8.4.2 Class 2: Intended use is significantly restricted; use is possible only with material impairments.
8.4.3 Class 3: Use is only slightly impaired; the Platform remains usable with minor restrictions.
8.4.4 Class 4: There is only an immaterial deviation without material impairment of use.
8.5 The user must report incidents without undue delay and describe the report as precisely as reasonably possible. This includes in particular the affected function, time of occurrence, technical environment, affected components, surrounding conditions, practical effects, and, where possible, screenshots or other evidence.
8.6 Unless a different SLA applies, the following are considered reasonable response times until processing begins: 24 hours for Class 1 incidents, 72 hours for Class 2, four weeks for Class 3, and eight weeks for Class 4. The published or agreed service hours of the provider are decisive.
8.7 The provider may use monitoring and alerting systems to continuously monitor the availability, stability, and security of the Platform and detect incidents as early as possible.
9. Data Protection and Security
9.1 The provider processes the user's personal data in accordance with its privacy policy, applicable data protection laws, and, where applicable, a separately concluded data processing agreement.
9.2 The user is responsible for ensuring that the specific use of VoiceBots, integrations, and communication workflows is permissible under data protection law and that the necessary consents, information obligations, or other legal bases are in place.
9.3 The provider takes appropriate technical and organizational measures to protect its systems and the data stored or processed therein against unauthorized access, loss, and other security risks.
10. Contract Term, Termination, and Suspension
10.1 Plans and contract modules may be agreed for a fixed term or for an indefinite term. For fixed-term services, the term, automatic renewal, and notice periods are governed by the respective plan, offer, or ordering process.
10.2 Contracts for an indefinite term may be terminated at any time in text form or via the function provided on the Platform, subject to any agreed minimum term.
10.3 The provider may ordinarily terminate the contract with 30 days' notice unless a different notice period has been agreed.
10.4 The right to terminate or suspend for good cause without notice remains unaffected. Good cause exists in particular if the user violates these T&C or binding usage policies, grants unauthorized third parties access, uses the Platform unlawfully or contrary to contract, there is a justified suspicion of unlawful use, security concerns exist, the provider's infrastructure is disrupted, or the user remains in default with due payments despite a reminder.
10.5 Upon termination of the contract, the user's right to access the Platform and the related services ends. The user is responsible for exporting or otherwise securing any needed data in good time before the end of the contract. Payment claims already accrued to the provider remain unaffected; at the same time, upon termination all rights of use granted to the user end unless expressly agreed otherwise.
11. Warranty and Liability
11.1 The Platform is provided in its current version. There is no guarantee of uninterrupted availability, complete freedom from errors, or commercial suitability for a particular purpose unless expressly agreed otherwise.
11.2 The provider has unlimited liability for intent, gross negligence, and damages arising from injury to life, body, or health.
11.3 In the event of slightly negligent breach of material contractual obligations, the provider is liable only for the typical foreseeable damage. Otherwise, liability for slight negligence is excluded to the extent permitted by law.
11.4 To the extent liability exists under Section 11.3, it is limited to the amount paid by the user to the provider in the 12 months preceding the event giving rise to the damage.
11.5 Delays or performance restrictions due to unforeseeable circumstances for which the provider is not responsible, in particular force majeure, official measures, attacks on infrastructure, or failures of required third-party providers, do not give rise to liability of the provider. Deadlines and dates are extended by a reasonable period in such cases.
12. Final Provisions
12.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
12.2 Should individual provisions of these T&C be wholly or partially invalid or become invalid, the validity of the remaining provisions remains unaffected.
12.3 If the user is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with these T&C is Dresden.
In all other respects, the Data processing agreement for providers applies.
Last updated: 31.03.2026
