Terms & Conditions

1. Scope and Conclusion of Contract

1.1 Scope. These General Terms and Conditions (the "Terms") govern the Software-as-a-Service (SaaS) relationship between Trusq GmbH, Lohestraße 31, 90425 Nürnberg, registered in the commercial register of the Local Court (Amtsgericht) of Nürnberg under HRB 46174 (hereinafter "Provider"), and its customers regarding the use of the hosted application "Trusq" (hereinafter "Software").

1.2 Business customers. The provider's services are exclusively aimed at businesses, tradespeople, and legal entities (B2B) as defined in § 14 of the German Civil Code (BGB). These Terms do not apply to consumers as defined in § 13 BGB.

1.3 Conflicting terms. Any differing, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if the provider has expressly agreed to their validity in text form.

1.4 Contract documents and precedence. The contract consists of, in this order of precedence: the order or the accepted offer; for the Kanzlei edition the Professional Secrecy Annex, which prevails over all other documents on questions of professional secrecy; the data processing agreement with its annexes; the service description; the price list; these Terms.

1.5 Conclusion of contract. The presentation of the software on the provider's website does not constitute a legally binding offer but an invitation to the customer to place an order (invitatio ad offerendum). Prices and service descriptions on the website are non-binding until they are recorded in an offer, an order, an online registration or a plan booking under this clause.

The contract is concluded in one of the following ways:

a) The provider sends the customer an individual offer (for example a quotation or an order form by email). The contract is concluded when the customer accepts the offer in text form (§ 126b BGB) within the period stated in the offer.

b) The customer places an order in text form, for example by returning a completed order form or by email. The contract is concluded when the provider accepts the order by sending an order confirmation by email or by activating the customer's access to the software.

c) Online registration is available for the standard edition (clause 2.2 a) with the Starter and Team plans. The customer enters the details for its user account, its company name and its full invoice address, selects a plan, registers a payment method (credit card; further payment methods where the provider offers them) through the payment service provider used by the provider, and confirms with a checkbox these Terms, the data processing agreement, that it is acting as a business within the meaning of § 14 BGB and that it is not bound by professional secrecy obligations. By clicking the "Start 14-day free trial" button the customer creates a workspace. The contract for the selected plan is concluded at that point, subject to clause 13.8 e). The trial phase under clause 13.8 begins with the conclusion of the contract; if the customer does not cancel during the trial phase, the contract then continues in the selected paid plan. The provider records the acceptance of these Terms with date and version.

The offer, order or plan booking specifies the edition (clause 2.2), the plan, the number of seats, the billing period (clause 13.1), any pilot phase (clause 14) and any booked additional services (clause 3.5); in online registration the trial phase follows from clause 13.8. By placing the order the customer confirms that it is acting as an entrepreneur within the meaning of § 14 BGB.

For the Kanzlei edition (clause 2.3) the provider activates access to the software only once the data processing agreement and the Professional Secrecy Annex have been signed by both parties. No fees accrue before activation.

2. Services of the Provider

2.1 Subject matter. The provider grants the customer access to the software over the internet for a fee (software as a service). The software is a ticket-based platform for customer communication: it brings together messages from the booked channels in one shared inbox, manages cases (tickets), provides rules, deadlines and reporting, and contains AI functions under clause 6. The detailed scope of services follows from the service description in the version valid at the time the contract is concluded and from the booked plan (clause 3).

2.2 Editions and channels. The software is offered in two editions:

a) Trusq (standard edition) for businesses that are not bound by professional secrecy obligations. Channels: email, web form, Matrix and WhatsApp; Instagram as a bookable additional channel (clause 3.5). Which channels are included in each plan follows from the price list.

b) Trusq Kanzlei (Kanzlei edition) for holders of professional secrets within the meaning of § 203 (1) of the German Criminal Code (StGB), in particular tax advisers, lawyers and auditors. Channels: email, web form and Matrix. WhatsApp and Instagram are not offered in the Kanzlei edition and cannot be added.

Connecting third-party services (in particular the WhatsApp Business Platform, Instagram and Matrix) requires that the customer holds the necessary accounts and complies with the terms of use of the respective service. The provider owes the connection, not the operation of the third-party service. Disruptions caused by the third-party service are not a defect of the software.

Where the provider supplies the customer with a Meta-verified phone number or a WhatsApp Business account for WhatsApp, that number remains assigned to the provider and is made available to the customer for the term of the contract; it is deactivated when the contract ends. The customer may export the chat history under clause 8 before the contract ends. Transferring the number to the customer requires a separate agreement. Taking over a number the customer already uses is subject to Meta's requirements and can take several weeks.

Switching between editions requires a separate agreement.

2.3 Specifics of the Kanzlei edition.

a) The Kanzlei edition serves the handling of simple enquiries without reference to a client mandate, such as appointment scheduling, opening hours, lists of required documents and general queries. Substantive handling of mandate matters by the software, in particular tax or legal information given to clients, is not part of the contract and is not owed.

b) Where the Kanzlei edition service description provides for automated classification of incoming messages, messages that the software classifies as mandate-related are made available in the inbox for handling by the customer's employees without any substantive AI processing; the customer determines through the software's rules which employees such cases are assigned to. Attachments are not evaluated automatically for their content but are made available to the customer's employees for viewing. The classification is automated; the customer remains obliged to check incoming messages for mandate relevance and deadlines.

c) The AI functions of the Kanzlei edition are provided exclusively on hardware operated by the provider in data centres within the European Union. No external AI provider is used. Whether and from when AI functions are included in the Kanzlei edition follows from the Kanzlei edition service description.

d) The Professional Secrecy Annex (§ 203 StGB in conjunction with § 62a of the Tax Advisory Act, StBerG, or § 43e of the Federal Lawyers' Act, BRAO) and the Kanzlei edition service description apply in addition. Precedence follows from clause 1.4.

e) The customer remains responsible under its professional rules for ensuring that its use of the software and the information it gives its clients comply with the professional rules applicable to it and with Articles 13 and 14 GDPR. The provider supplies the evidence listed in the Professional Secrecy Annex for this purpose.

2.4 Further development. The provider reserves the right to continuously update, improve, and adapt the software to technological developments. The customer has access to the current version but cannot claim the right to use specific future versions not expressly included in the booked plan.

2.5 Availability and maintenance. The provider operates the software with the aim of continuous availability. Maintenance work that is expected to interrupt the service for more than fifteen minutes is announced at least 48 hours in advance and carried out outside business hours (clause 4.2) where possible. A numerical availability commitment, its measurement and its legal consequences apply only where the service description states them for the booked plan. The provider is not responsible for disruptions of third-party services (clause 2.2), force majeure (clause 16.4) or causes within the customer's area of responsibility. During a pilot phase, clause 14 applies.

2.6 Workspace and email address. For the duration of the contract the customer is assigned its own workspace in the software and its own email subdomain with a mailbox address (e.g. support@customer.trusq.de). After the contract ends, incoming messages to this address are stored until deletion under clause 8.2 and made accessible to the customer as part of the export under clause 8.1; after deletion they are rejected. The subdomain is not reassigned to third parties until at least twelve (12) months after deletion.

3. Plans, Seats, Allowances and Additional Services

3.1 Plans and seats. The software is offered in the plans named in the price list, which depend on the number of seats. A seat is a named user account that works in the software's inbox (handles, assigns or answers tickets); open invitations count as seats. A seat may be transferred to another employee of the customer; simultaneous use of one seat by several persons is not permitted. The minimum and maximum number of seats per plan and the fees follow from the price list; at least the minimum number of seats of the booked plan is charged.

3.2 Billing month and ticket allowance. The billing month is the calendar month in Coordinated Universal Time (UTC); the first and the last month are charged pro rata (clause 12.2). In the standard edition each seat includes an allowance of tickets per billing month. The allowances of all seats of a customer account are pooled and are available to all of the customer's users together. A ticket is a case newly created in the software during the billing month, regardless of the channel and of whether the AI or an employee answers. Unused allowance expires at the end of the billing month; this also applies under yearly billing. The allowance per plan follows from the price list. The Kanzlei edition has no ticket allowance.

3.3 Exhaustion of the allowance. Once the allowance of a billing month is exhausted, the provider is entitled to suspend the generation of AI replies (clause 6) until the start of the next billing month; it informs the customer in that case. Incoming messages continue to be received and stored and can be handled by the customer's employees; all other functions remain available. The customer can reactivate AI replies by purchasing a ticket pack (clause 3.4). The suspension of AI replies under this clause is not a defect of the software. The provider informs the customer of the consumption of the allowance on request.

3.4 Ticket packs. Where the price list offers ticket packs, the customer may purchase additional tickets in packs. Tickets from packs do not expire and are consumed only once the allowance of the billing month is exhausted. Ticket packs are not discounted and are not refunded.

3.5 Additional services.

a) Instagram channel (standard edition only): the customer may add the Instagram channel to any plan as soon as the price list shows it as available. The fee is a flat rate per customer account as stated in the price list, regardless of the number of seats. A recurring fee for the additional channel may be cancelled in text form with effect from the end of a billing month. The additional channel is not discounted under yearly billing.

b) Setup: the customer may set up the software itself. On request the provider carries out the setup for the one-off fee per location stated in the price list. A location is a place of business of the customer that is set up in the software with its own routing of incoming messages. The scope of the setup follows from the service description. In the Kanzlei edition, setup and onboarding are included in the fee.

3.6 Changes to plan and seats. Plan changes, changes to the number of seats and the booking of additional services take effect immediately on confirmation in the software and are charged per day (clause 12.2). Under yearly billing, moving to a lower plan and reducing seats take effect at the start of the next yearly term.

3.7 Kanzlei edition. The Kanzlei edition has one plan with a base fee per customer account, which includes the first seat, and a fee per additional seat as stated in the price list.

4. Customer Support

4.1 Scope. The scope of support depends on the booked plan as named in the price list:

a) Starter: documentation and in-product help. Individual support is not included. Disruptions within the meaning of clause 15 may be reported by email to the address stated in the service description.

b) Team: support by email during business hours.

c) Chain: as Team, plus a named contact person.

d) Kanzlei edition: support by email during business hours, plus onboarding (clause 3.5 b).

4.2 Business hours. Business hours are Monday to Friday, 9:00 to 17:00 (CET/CEST), excluding public holidays at the provider's registered seat.

4.3 Handling. Support requests are processed in the order received. Response and resolution times for disruptions are governed by clause 15.

5. Hosting, Data Processing and Sub-processors

5.1 Storage. The provider supplies the customer with storage space for operating the software. The provider supplies the storage infrastructure; the customer retains full control over and responsibility for the content, legal compliance, and legally compliant archiving of their data.

5.2 Hosting location. The provider operates the software and stores the customer data (application, database and their backups, and files) exclusively in data centres of Hetzner Online GmbH in Germany. Encrypted backups of the system configuration, which contain no customer data, may be stored by the provider in other data centres of Hetzner Online GmbH within the European Union. The locations are stated in the list of sub-processors annexed to the data processing agreement. Customer data is processed outside the European Union and the European Economic Area only where that list states this for a channel booked by the customer; in the standard edition this applies to the WhatsApp channel (WhatsApp Ireland Limited) and the Instagram channel (Meta Platforms Ireland Limited).

5.3 Kanzlei edition. In the Kanzlei edition the provider uses only sub-processors whose registered seat is in the European Union, in the European Economic Area or in a country covered by an adequacy decision of the European Commission, and provides the AI functions without an external AI provider (clause 2.3 c).

5.4 Roles and data processing agreement. When personal data is processed, the customer remains the controller within the meaning of the General Data Protection Regulation (GDPR) and other applicable data protection laws; the provider acts exclusively as processor on the customer's documented instructions. The data processing agreement under Article 28 GDPR with its annexes (technical and organisational measures, list of sub-processors, data breach notification policy) forms part of the contract and is concluded no later than the contract itself, in online registration together with the registration (clause 1.5 c). Engaging or replacing sub-processors is governed by the data processing agreement (prior information, customer's right to object).

5.5 Encryption. All data transmission between customer and provider is secured by industry-standard encryption protocols (e.g. HTTPS).

6. AI Functions

6.1 How it works. The software contains an AI assistant that classifies incoming enquiries and generates replies. Substantive replies are generated from the content the customer has stored in the software (knowledge base, documents, instructions) and are checked automatically before sending for whether they are covered by that content; statements not covered are removed. The underlying sources are stored and shown to the customer's employees when they review a case; they are not part of the message to the end customer. If the assistant cannot answer an enquiry sufficiently from the stored content, or if its confidence is below the threshold set by the customer, it hands the case over to an employee of the customer (escalation); the end customer then receives an automatic hand-off message whose wording the customer determines. Replies with low confidence that have passed the check may be sent with a note that the case is being handed to an employee. Greetings, acknowledgement and hand-off messages and automatically generated conversation summaries are not derived from the stored content. The customer controls the assistant per channel, per case and per contact (switching it off) and through the confidence threshold; in the Kanzlei edition additionally through the release of individual enquiry types, where the Kanzlei edition service description provides for this.

6.2 Nature of the service. AI-generated replies are produced automatically by language models. Despite the check against the stored content they may be inaccurate, incomplete or misleading. The provider owes the operation of the AI assistant in accordance with the service description, including the check against the stored content and the hand-off under clause 6.1, not the substantive correctness of each individual reply (clause 15.4). The customer decides on the use of the assistant with the controls under clause 6.1 and handles escalated cases.

6.3 Labelling. The provider labels the first AI-generated message of a case to the end customer as automatically generated (Article 50 of Regulation (EU) 2024/1689). The customer may adapt the wording of the label within the software but may not remove or deactivate it or change it so that the automated origin of the message is no longer recognisable, and ensures that end customers can tell from the label how to reach an employee. The customer informs its end customers about the use of the AI assistant in its own privacy notices.

6.4 No advice. The AI assistant does not provide tax, legal, medical or other professionally regulated advice. The customer may not configure the software or populate it with content in such a way that it provides such advice to end customers.

6.5 Responsibility for content and configuration. The customer is responsible for the accuracy, currency and legality of the stored content from which the assistant replies, and for its configuration of the assistant.

6.6 Models and AI providers. Which language models and, in the standard edition, which AI provider are used follows from the list of sub-processors annexed to the data processing agreement. The provider does not use customer data to train language models and contractually obliges any AI provider it uses neither to use customer data for training nor to retain it beyond the purpose of processing. The provider may change the models used as long as the service description and the edition are complied with. A change of AI provider is governed by the rules of the data processing agreement on sub-processors.

6.7 Knowledge base proposals. Replies by the customer's employees to escalated enquiries may, where the customer activates this function, serve as proposals for the knowledge base of that customer account; each proposal is adopted only after approval by an employee of the customer. Changes to draft replies are otherwise stored for audit purposes only. Content of a customer account does not flow into models or content made available to other customers.

6.8 Allowance. In the standard edition the generation of AI replies is tied to the ticket allowance (clause 3.3).

7. Security and Data Backup

7.1 Measures. The provider implements state-of-the-art technical and organizational measures (TOMs) in accordance with applicable data protection regulations to protect customer data from unauthorized access or loss.

7.2 Backups. The provider creates daily encrypted backups of the database. Retention and deletion of backups are governed by the TOMs annex to the data processing agreement.

7.3 Deletions by the customer. The customer is solely responsible for data that they intentionally delete from the software via the user interface or automation rules.

8. Data Return and Deletion

8.1 Export. During the term of the contract and for thirty (30) days after it ends, the customer may request an export of the stored customer data in a common machine-readable format (e.g. JSON or CSV). The provider makes the export available within thirty (30) days of the request.

8.2 Deletion. The provider permanently and irrevocably deletes the customer data no earlier than thirty (30) and no later than sixty (60) days after the contract ends, but where an export has been requested in time not before seven (7) days have passed since it was made available. Backups are deleted under clause 7.2. Statutory retention obligations of the provider (e.g. for tax or accounting purposes) remain unaffected.

9. Customer's Obligations

9.1 Equipment. The customer is responsible for providing suitable hardware and network connections to its users.

9.2 Access data. Access data must be treated as strictly confidential. The software requires passwords of at least twelve (12) characters; the customer ensures that its users do not share passwords or reuse them for other services, and activates the two-factor authentication offered by the software for users with administrator rights.

9.3 Prohibited use. The customer agrees not to process or store any illegal content, not to infringe any third-party rights, and not to use the software to distribute malware or spam. Furthermore, the software may not be misused as a file-sharing network.

9.4 Suspension. If the customer breaches clause 9.3, the provider requests the customer in text form to remedy the breach within a reasonable period and may temporarily suspend access once that period has expired without remedy. Without a prior request the provider may suspend access only where this is necessary to avert an immediate danger, in particular where malware or spam is distributed, content is manifestly illegal, the software is under attack or other customers are at risk. The provider informs the customer without undue delay of the suspension and its reason and lifts it as soon as the reason no longer applies. Fees remain payable for the duration of a justified suspension. Restriction for non-payment is governed by clause 12.6.

9.5 Indemnity. The customer indemnifies the provider against third-party claims based on content stored by the customer or on use of the software in breach of clause 9.3, including reasonable costs of legal defence, to the extent the customer is responsible for the breach. The provider informs the customer of such claims without undue delay and, where possible, leaves the defence to the customer.

10. Intellectual Property Rights

10.1 Provider's rights. Trusq and all associated intellectual property rights are the exclusive property of the provider or its licensors.

10.2 Right of use. For the duration of the contract, the customer is granted a non-exclusive, non-transferable, worldwide right to use the software for the purposes of its own business operations, including communication with its own customers, prospects and clients.

10.3 Limits. The customer may not sublicense, rent or make the software available to third parties for their independent use, except for its own employees or authorized freelancers acting on its behalf.

11. Confidentiality and Reference Customers

11.1 Confidentiality. Both parties agree to treat all business and technical information of the other party that becomes known in connection with the performance of the contract as strictly confidential and to use it only for the purposes defined in the contract.

11.2 Exceptions. This obligation does not apply to information that is already public knowledge, that was already known to the receiving party without a confidentiality obligation, or that must be disclosed due to a legal obligation or a court or official order.

11.3 Survival. The confidentiality obligation continues for three (3) years after the contract ends; for information subject to professional secrecy, the Professional Secrecy Annex applies.

11.4 Reference customers. The provider may name the customer as a reference customer on its website or in marketing materials only with the customer's prior consent in text form. Consent may be withdrawn at any time with effect for the future.

12. Prices and Payment Terms

12.1 Price list. The fee is based on the provider's price list valid at the time of contract conclusion, unless an individual price agreement has been made. All prices quoted are net prices, excluding applicable VAT.

12.2 Invoicing. The recurring fees for the plan, seats and additional channels are charged monthly in arrears at the end of the billing month, pro rata per day according to the highest number of seats booked on each day, and are due on invoicing. Under yearly billing (clause 13.3) the amount for the yearly term is charged in advance at its start. Ticket packs are charged on ordering, the setup fee on completion of the setup. Invoices are sent electronically.

12.3 Payment method. The customer pays by credit card through the payment service provider used by the provider (currently Mollie); further payment methods are available where the provider offers them. Where SEPA direct debit is offered, the customer grants a mandate; the pre-notification period for the debit is shortened to three (3) days. The provider announces the debit at least three (3) days before the due date; the invoice or the reminder under clause 13.8 d), where it states the amount and due date of the debit, serves as pre-notification. In this case, notwithstanding clause 12.2, the fee falls due no earlier than three (3) days after receipt of the pre-notification. Where payment on invoice has been agreed, the payment term is fourteen (14) days from the invoice date.

12.4 Yearly billing. Where the price list provides for yearly billing, the provider grants the discount shown there. Ticket packs and the Instagram additional channel are excluded from the discount.

12.5 Default. In the event of payment default the customer owes default interest of nine percentage points above the base rate (§ 288 para. 2 BGB) and the flat-rate default compensation of €40.00 under § 288 para. 5 BGB; the right to claim further damages remains unaffected. For a failed direct debit for which the customer is responsible, the provider charges a lump sum of €20.00, unless the customer proves that no damage or significantly lower damage was incurred.

12.6 Failed payment and read-only access. If the collection of a due fee fails, the provider retries it up to three times within fourteen (14) days and informs the customer of each failure. If the fee remains unpaid after that, the provider may restrict the customer's workspace to read-only access until all due fees have been paid; incoming messages continue to be received and stored. Fees remain payable for the duration of the restriction; clause 13.5 remains unaffected.

12.7 Set-off and retention. The customer may set off only undisputed claims or claims established by final judgment, and may exercise a right of retention only on the basis of such claims.

12.8 Price adjustment. The provider may adjust the fees to reflect changes in its costs, in particular personnel, hosting and AI operating costs (for example as measured by the Federal Statistical Office's IT industry wage index); it passes on cost decreases in the same way. An adjustment is permitted no earlier than twelve (12) months after the contract is concluded and at most once per twelve months. It is announced in text form at least six (6) weeks in advance and takes effect, under monthly billing, at the start of the billing month following the notice period and, under yearly billing, at the start of the next yearly term. In the case of an increase the customer may terminate the contract in text form with effect from the date the increase takes effect; the provider points out this right in the announcement.

13. Term and Termination

13.1 Billing period and start date. When ordering or booking a plan, the customer chooses between monthly billing and, where the price list provides for it for the chosen edition, yearly billing. The start date is the day access is activated or the plan is booked, or the agreed start date; where a pilot phase has been agreed, the day after it ends (clause 14.4); in online registration, the day after the trial phase ends (clause 13.8). No recurring fees accrue before the start date.

13.2 Monthly billing. Under monthly billing the contract runs for an indefinite period. Either party may terminate it at any time in text form. Termination takes effect on the date stated by the terminating party, at the earliest on receipt; if no date is stated, it takes effect at the end of the current billing month. The days up to the effective date are charged (clause 12.2). On the effective date the workspace is restricted to read-only access; export and deletion are governed by clause 8.

13.3 Yearly billing. Under yearly billing the contract has a term of twelve months (yearly term) and is extended by a further twelve months each time unless either party terminates it with one (1) month's notice to the end of the yearly term. Instead of terminating, the customer may with the same notice declare a switch to monthly billing from the following term.

13.4 Early termination under yearly billing. If the customer terminates a contract with yearly billing before the end of the yearly term, access continues until the end of the paid yearly term; fees already paid are not refunded. If the provider terminates ordinarily with effect before the end of the yearly term, discontinues the software before its end, or if the customer terminates for cause for a reason attributable to the provider or under clause 15.3, the provider refunds the pro-rata fee for the remaining term not provided.

13.5 Termination for cause. The right of both parties to terminate for good cause remains unaffected. Good cause for the provider exists in particular where the customer, despite a reminder, is more than thirty (30) days in default with a fee, or continues to breach clause 9.3 or clauses 6.3 and 6.4 despite a request under clause 9.4.

13.6 Form. Notices of termination must be given in text form (§ 126b BGB); email is sufficient. For termination during the trial phase clause 13.8 b) applies in addition.

13.7 References. Changes to plan and seats are governed by clause 3.6. Data export and deletion after the end of the contract are governed by clause 8. The trial phase in online registration is governed by clause 13.8, the pilot phase by clause 14.

13.8 Trial phase in online registration.

a) In online registration (clause 1.5 c) the customer receives a trial phase of fourteen (14) days. It begins on the day of registration (day 1) and ends at the end of the fourteenth day. No fee is charged for use of the software in the selected plan during the trial phase. The customer uses the software with the scope and allowances that apply to the selected plan (clause 3 and price list). Changes under clause 3.6 during the trial phase affect the fee only from the start date.

b) The customer may terminate the contract at any time during the trial phase, in text form (clause 13.6) or in the billing area of the software. Termination takes effect on the date stated by the customer, at the earliest on receipt and at the latest at the end of the trial phase; if the customer states no date, it takes effect on receipt. No fee for the plan arises on termination during the trial phase. On the effective date of termination the workspace is restricted to read-only access; export and deletion are governed by clause 8.

c) If the customer does not terminate during the trial phase, the contract continues without further declaration in the selected paid plan when the trial phase ends. The start date is the 15th day after registration (clause 13.1). From the start date the fee is based on the price list valid at the time the contract is concluded (clause 12.1), is charged monthly under clause 12.2 and is collected through the registered payment method (clause 12.3). In online registration monthly billing applies (clause 13.2).

d) No later than three (3) days before the trial phase ends, the provider reminds the customer in text form of its end, the selected plan, the fee payable from the start date and the option to terminate under paragraph b).

e) The customer receives a trial phase only once per business. There is no entitlement to a further trial phase; the provider may refuse it. In that case no contract is concluded through online registration; a contract under clause 1.5 a or b remains possible.

f) The trial phase is not a pilot phase within the meaning of clause 14. Clause 14 applies only where the parties have agreed a pilot phase under clause 1.5 a or b. During the trial phase these Terms apply without the restrictions of clause 14; in particular clause 2.5, clause 15 and clause 16 apply.

g) As long as the customer has not registered a valid payment method, the workspace is restricted to read-only access; incoming messages continue to be received and stored. Until the customer has confirmed its email address, messages cannot be sent to end customers and further users cannot be invited. These restrictions do not extend the duration of the trial phase. They are not a defect of the software (clause 15.4).

14. Pilot Phase

14.1 Agreement. The parties may agree a pilot phase in which the customer trials the software free of charge or at a reduced fee. The duration, scope and channels of the pilot phase follow from the order; where no duration has been agreed, it is thirty (30) days. The software is under continuous development; the customer trials it knowing that errors and interruptions may occur. The pilot phase is to be distinguished from the trial phase in online registration (clause 13.8); it requires an agreement under clause 1.5 a or b.

14.2 Service levels and ending the pilot. During the pilot phase the commitments under clause 2.5 and the response and resolution times under clause 15 do not apply. Either party may end the pilot phase at any time without giving reasons, in text form; the contract then ends. Clause 8 applies accordingly to the export and deletion of customer data.

14.3 Liability. Where the software is provided free of charge during the pilot phase, the provider is liable only for intent and gross negligence and in the cases set out in clause 16.1. Where a reduced fee is paid, clause 16 applies.

14.4 Transition. No later than seven (7) days before the pilot phase ends, the provider reminds the customer in text form of its end, the ordered plan and the chosen billing period. On expiry of the pilot phase the contract continues without further declaration in the ordered plan, unless either party has ended the pilot phase beforehand under clause 14.2. The contract transitions into a yearly term only if the customer has expressly ordered yearly billing; otherwise monthly billing applies. From the start date (clause 13.1) these Terms apply without the restrictions of this clause.

14.5 Data protection and feedback. The data processing agreement and, for the Kanzlei edition, the Professional Secrecy Annex already apply during the pilot phase. The customer gives the provider feedback on the software that contains no personal data of end customers; the provider may use this feedback to improve the software. Naming the customer as a reference customer is governed by clause 11.4.

15. Warranty and Service Level

15.1 Warranty. The provider guarantees that the software functions substantially in accordance with the service description.

15.2 Disruption classes. The following response and resolution times apply to the Team and Chain plans and to the Kanzlei edition; they run within business hours under clause 4.2 and start on receipt of the disruption report. For the Starter plan, clause 15.1 applies without fixed response and resolution times.

• Operational failures: Response target 8 hours; resolution target 24 hours (e.g., complete system unavailability).
• Operational disruption errors: Response target 24 hours; resolution target 3 business days (e.g., essential functions unavailable without a workaround).
• Minor errors: These will be fixed as part of regular release cycles (e.g., visual errors or non-critical anomalies).

15.3 Rights on repeated failure. If the provider exceeds the resolution time for an operational failure in two consecutive calendar months or three times within twelve months, the customer may terminate the contract in text form with two weeks' notice. Further statutory rights remain unaffected.

15.4 Not a defect. The suspension of AI replies under clause 3.3, the restrictions under clause 13.8 g) and disruptions of third-party services under clause 2.2 are not defects. A single substantively incorrect AI-generated reply is not a defect as long as the AI assistant complies with the check against the stored content and the hand-off under clause 6.1; repeated or systematic failure of these mechanisms is a defect.

15.5 Liability without fault. Liability without fault for defects existing at the time of conclusion of the contract pursuant to § 536a para. 1 BGB is expressly excluded.

16. Limitation of Liability and Force Majeure

16.1 Unlimited liability. The provider is liable without limitation for damages caused by intent or gross negligence, as well as for legally mandatory liability cases such as injuries to life, body or health, and under the Product Liability Act.

16.2 Simple negligence. In cases of simple negligence, the provider is only liable if a material contractual obligation (cardinal obligation) has been breached. In this case, liability is limited to foreseeable damages typical for this type of contract.

16.3 Data loss. Liability for data loss due to simple negligence is limited to the typical recovery costs that would have been incurred if the customer had properly and regularly backed up their data outside the platform.

16.4 Force majeure. Neither party is liable for non-performance or late performance of its obligations to the extent this is due to circumstances beyond its control that could not have been averted with reasonable effort (force majeure), such as natural events, war, strikes, official orders, pandemics or large-scale failures of energy or telecommunications networks. The affected party informs the other without undue delay. For the duration of the force majeure no fees are owed for services not provided; payment obligations for services already provided remain unaffected. If the force majeure lasts longer than sixty (60) days, either party may terminate the contract in text form.

17. Changes to the Terms and Conditions

17.1 Grounds. The provider may amend these Terms if there is a legitimate reason, such as changes in legislation or case law, changes in the technical framework or gaps in the rules, and the changes do not unreasonably disadvantage the customer.

17.2 Changes by deemed consent. Changes that do not shift the balance of performance and consideration to the customer's disadvantage may be introduced by the provider as follows: it announces them to the customer in text form at least six (6) weeks before they take effect and points out the significance of silence and the right to object. If the customer does not object in text form before the changes take effect, the changes are deemed accepted. If the customer objects, the contract continues unchanged; the provider may in that case terminate the contract ordinarily under clause 13.

17.3 Changes requiring express consent. Changes to the scope of services to the customer's disadvantage, to the fees outside clause 12.8, to the rules on term and termination, or to liability require the customer's express consent.

18. Language and Communication

18.1 Language versions. These Terms are provided in both English and German. In the event of discrepancies or disputes regarding the interpretation of specific clauses, the German version ("AGB") shall be legally binding and take precedence.

18.2 Communication. Official communication between the parties shall be conducted in German or English.

19. Final Provisions

19.1 Assignment. Claims against the provider may not be assigned to third parties without the provider's prior consent in text form.

19.2 Governing law. The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.

19.3 Jurisdiction. If the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Nürnberg, Germany.

19.4 Severability. Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.