Terms (German Master Version)

Effective date: February 21, 2026 | Version: 1.0

English translation note: This translation is provided for convenience only. The German version is the legally relevant and binding version.

This document contains the public self-serve contractual terms in one document:

  • Part A: General Terms and Conditions (GTC)
  • Part B: Pricing & Billing Policy
  • Part C: Acceptable Use Policy (AUP)
  • Part D: SLA Addendum (optional, only if separately booked)
  • Part E: Platform/Chat Addendum (Web & SaaS)

If no SLA package is booked, Part D does not apply.

Part A - General Terms and Conditions (GTC)

§ 1 Scope and Contracting Parties

  1. These GTC apply to use of the Chatbyte Voice Platform in the self-serve model by entrepreneurs within the meaning of Section 14 German Civil Code (BGB), legal entities under public law, and special funds under public law (collectively, the 'Customer').
  2. The contracting party is Chatbyte GmbH, Gertigstrasse 69, 22303 Hamburg (the 'Provider').
  3. Any conflicting or deviating terms of the Customer shall only apply if the Provider has expressly agreed to them in text form.

§ 2 Contract Formation and Account

  1. The contract is concluded through Customer registration, acceptance of these terms (e.g., clickwrap), and account activation by the Provider.
  2. The Customer warrants that data provided during registration is complete and accurate and kept up to date.
  3. The Customer shall ensure that only authorized persons have access to the account. Access credentials must be kept confidential.
  4. The Provider may reject registrations for objective reasons, in particular due to security, abuse, or compliance risks.

§ 3 Subject Matter and Scope of Services

  1. The subject matter of the contract is provision of the Voice Platform as a cloud-based self-serve service for creating, configuring, and using voice agents and telephony via connected phone numbers.
  2. The Provider may modify, further develop, replace, or discontinue features provided there is an objective reason and the change is reasonable for the Customer.
  3. There is no claim to a permanently unchanged feature set. Core contractual functionality must not be materially impaired.
  4. The Provider will generally inform the Customer in text form at least 30 days in advance of significant, non-trivial, permanent service restrictions, unless a shorter notice period is required for security or legal reasons.

§ 4 Permitted Use and Compliance

  1. The Customer shall use the platform exclusively lawfully and in accordance with applicable regulations.
  2. The Customer is solely responsible for the legality of its communication processes. This includes, in particular, consents, information obligations, and other requirements for automated telephony and marketing processes.
  3. Part C Acceptable Use Policy is an integral part of these terms.
  4. In case of violations of these terms or the AUP, the Provider may take appropriate measures, including restricting usage, suspending access, or terminating the contract for cause.

§ 5 Third Parties, Carriers, and Phone Numbers

  1. The service may rely on third-party services (in particular carriers, cloud providers, and infrastructure providers).
  2. Phone numbers provided by the Provider are made available for use; ownership rights to phone numbers remain with the respective carrier.
  3. Porting (inbound/outbound) is performed only within legal and technical capabilities of the participating carriers. No guarantee is provided for feasibility, duration, or success.
  4. Where technically supported, the Customer may use own numbers/carrier connections. Applicable technical requirements are communicated by the Provider.

§ 6 Prices, Billing, and Payment Terms

  1. Prices and conditions published at the time of booking apply as set out in Part B of this document.
  2. All prices are net plus applicable statutory taxes (in particular VAT), unless stated otherwise.
  3. Recurring fees (e.g., subscription fees) are billed in advance for the agreed interval. Usage-based fees (e.g., overage) are billed in arrears based on measured usage, unless prepaid has exceptionally been agreed.
  4. The Customer authorizes the Provider and/or the payment service provider used to collect due fees using the stored payment method.
  5. In case of late payment, the Provider is entitled to charge statutory default interest and reminder fees and, after prior reminder, temporarily restrict access.

§ 7 Term, Termination, and End of Contract

  1. The contract runs for an indefinite period unless specified otherwise at booking.
  2. Monthly plans may be terminated at the end of the current billing month; annual plans at the end of the current contract period. Termination must be declared no later than the last day of the current contract period to avoid automatic renewal by the same term.
  3. The right to extraordinary termination for cause remains unaffected.
  4. After contract end, access to paid features ends. Statutory retention obligations remain unaffected.

§ 8 Availability, Maintenance, and Support

  1. Without a separate SLA, the Provider does not owe a guaranteed minimum availability; service is provided on a best-effort basis.
  2. Planned maintenance may be performed and may cause temporary restrictions.
  3. Binding availability commitments and any service credits apply only where separately agreed under Part D of this document.

§ 9 Data Protection and DPA

  1. Both parties comply with applicable data protection laws, in particular the GDPR.
  2. Where the Provider processes personal data on behalf of the Customer, a data processing agreement (DPA) according to Art. 28 GDPR shall be concluded.
  3. Information on subprocessors and international transfers is set out in the DPA and its referenced safeguards.

§ 10 Confidentiality

  1. Both parties shall treat confidential information of the other party as confidential and use it only for contract performance.
  2. The confidentiality obligation applies during the contract term and for five years after contract end; for trade secrets, it applies indefinitely where legally permissible.

§ 11 Intellectual Property and Data

  1. All rights to the platform, underlying software, models, and documentation remain with the Provider.
  2. The Customer retains all rights to its content and data.
  3. For the term of the contract, the Customer grants the Provider the usage rights to Customer content required to provide the service.
  4. The Provider may use technical usage and quality data only in anonymized or aggregated form for analytics, operational security, and product improvement, provided no personal or customer reference can be established.
  5. Use of non-anonymized Customer content for general model training shall only occur based on an explicit agreement.

§ 12 Liability

  1. The Provider is liable without limitation for intent, gross negligence, injury to life, body, or health, under product liability law, and to the extent of expressly assumed guarantees.
  2. In case of slightly negligent breach of essential contractual obligations, the Provider is liable only for foreseeable, typical contractual damage.
  3. In cases under Section 12(2), liability is limited in amount to the net fees paid by the Customer in the 12 months preceding the damage-causing event.
  4. Otherwise, liability for slightly negligent breaches of duty is excluded.

§ 13 Indemnification

  1. The Customer shall indemnify the Provider against third-party claims arising from unlawful use of the platform attributable to the Customer, including reasonable legal defense costs.
  2. The indemnification does not apply where claims are predominantly based on a breach of duty attributable to the Provider.

§ 14 Changes to these Terms

  1. The Provider may amend these terms and the policies/addenda in Parts B to D with effect for the future where there is an objective reason.
  2. The Customer will be informed of material changes at least 30 days before they take effect.
  3. If the Customer objects to a material change, either party may terminate the contract effective at the time the change becomes effective.

§ 15 Data Export and Data Deletion

  1. The Customer is responsible for exporting required data before account closure.
  2. After final account closure, Customer data is generally deleted within 90 days unless statutory retention obligations prevent deletion.

§ 16 Final Provisions

  1. Amendments and supplements to this contract require text form where legally permissible.
  2. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
  3. Exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Hamburg, where legally permissible.
  4. Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected.

Part B - Pricing & Billing Policy

1. Scope

  1. This policy governs prices, billing logic, and payment processes for self-serve customers.
  2. Where deviating terms are agreed in an individual offer/order form, those terms prevail for the agreed scope.

2. Prices and Plans

  1. Valid prices and service scopes are set out in the Provider's price overview published at the time of booking.
  2. All prices are net plus applicable taxes unless expressly stated otherwise.
  3. The Provider may adjust prices for future billing periods with reasonable prior notice, at least 30 days before taking effect.

3. Billing Model

  1. Recurring plan fees are billed in advance.
  2. Usage-based fees (usage, overage, additional capacity) are billed in arrears based on measured usage unless a prepaid model is active.
  3. If contract or plan start is not at the beginning of the regular period, the first period may be charged pro rata.

4. Definition "Conversation Minute"

  1. Connected call duration is billed on a per-second basis.
  2. Time before connection is established (e.g., ringing/signaling without connection) is generally not billed.
  3. For forwards, transfers, or parallel connections, the sum of actual connected call durations may be billed.
  4. Obvious technical failed connections may be non-billed or credited based on objective log data.

5. Scope of Minute Pricing

  1. Minute prices apply only to the destination scope published or agreed in each case.
  2. By default, the following are not included, in particular:
  • Premium/special numbers and high-cost routes,
  • international outbound destinations outside booked scope,
  • SMS/MMS/messaging and other carrier extra services not explicitly included.
  1. Such services may be enabled and billed separately.

6. Included Quotas and Overage

  1. Where a plan includes quotas (e.g., minutes, phone numbers, capacities), these apply only to the relevant billing period.
  2. Unused included quotas do not roll over into the following month unless expressly stated otherwise.
  3. Usage above included quotas is billed as overage at the applicable overage price.

7. Phone Numbers and Additional Capacity

  1. Provided phone numbers are billed monthly according to the current pricing overview unless included in the plan.
  2. Additional phone numbers, concurrent call capacities, or other add-ons are billed according to current pricing logic.

8. Payment Processing

  1. Payment processing may be handled through external payment service providers (e.g., Stripe Billing).
  2. The Customer must provide and maintain a valid payment method.
  3. Due amounts may be automatically collected via the stored payment method.
  4. In case of failed payment, the Provider may perform repeated collection attempts and restrict access until outstanding amounts are settled.

9. Invoices, Taxes, and Objections

  1. Invoices may be provided electronically.
  2. The Customer is responsible for tax-relevant information (e.g., VAT ID, billing address).
  3. Objections to invoices must be submitted in text form without undue delay, no later than 60 days after invoice date.

10. Credits and Refunds

  1. Service credits are granted only where expressly provided in Part D.
  2. Refunds are provided only where legally mandatory or expressly agreed contractually.

11. Changes to this Policy

  1. The Provider may amend this policy with effect for the future.
  2. Material changes are announced with reasonable advance notice.

Part C - Acceptable Use Policy (AUP)

1. Purpose

This AUP sets out binding rules for permissible use of the Voice Platform.

2. Principle

  1. The platform may be used only lawfully and in compliance with applicable law.
  2. The Customer is responsible for content, campaigns, target groups, consents, and legal permissibility of its communications.

3. Prohibited Use

The following are prohibited in particular:

  1. Deception, impersonation, voice phishing, fraud, or other misleading communication.
  2. Illegal marketing calls, spam, cold calls without required legal basis or consent.
  3. Circumventing or ignoring opt-out requests, block lists, or regulatory requirements.
  4. Use for emergency-call purposes or (automated) calls/forwards to emergency numbers.
  5. Illegal harassment, threats, discrimination, or abusive communication.
  6. Processing special categories of personal data without sufficient legal basis and safeguards.
  7. Circumventing technical protection measures or abusive overloading of systems/networks.
  8. Infringement of third-party rights (in particular copyright, trademark, personality, or data protection rights).

4. Security and Compliance Duties

  1. Access credentials must be kept confidential and protected against unauthorized access.
  2. Security incidents, suspected abuse, or unauthorized access must be reported to the Provider without undue delay.
  3. Upon request, the Customer must provide appropriate evidence of legal permissibility of use (e.g., consent records, campaign information).

5. Enforcement and Sanctions

  1. In case of violations or justified suspicion of violation, the Provider may take appropriate measures at its reasonable discretion, in particular:
  • warning and remediation deadline,
  • restriction of individual functions,
  • temporary suspension,
  • termination without notice for serious or repeated violations.
  1. In urgent security, abuse, or legal risk cases, the Provider may suspend immediately without prior notice; the Customer will be informed in advance where reasonable, otherwise without undue delay afterward.

6. Cooperation with Authorities and Partners

The Provider may take required measures to comply with legal obligations and justified requirements of carriers, payment providers, or authorities.

7. Reporting Abuse

Reports of abuse or security incidents can be sent to security@chatbyte.ai.

8. Changes to the AUP

  1. The Provider may amend this AUP with effect for the future.
  2. Material changes are announced with reasonable advance notice.

Part D - SLA Addendum (optional)

Part D applies only if explicitly booked by the Customer or otherwise agreed in text form.

1. Scope

  1. This addendum supplements the self-serve terms regarding agreed availability commitments and service credits.
  2. Without separate SLA agreement, there is no entitlement to minimum availability or service credits.

2. Definitions

  • Availability (Uptime): Percentage of time in a calendar month during which the platform is available.
  • Downtime: Time during which the platform is unusable for the Customer, minus SLA exceptions.
  • Planned Maintenance: Pre-announced maintenance windows.
  • Emergency Maintenance: Urgent security or stability maintenance.
  • Service Credit: Credit on future invoices under this addendum.

3. SLA Levels and Packages

  1. Applicable SLA levels, target values, and prices result from the SLA overview published from time to time or the individually agreed package.
  2. Support response times outside explicitly agreed SLA components remain best-effort.

4. Availability Calculation

Availability in percent per calendar month:

((Total minutes - Downtime minutes) / Total minutes) x 100

5. Downtime Exclusions

The following do not count as downtime in particular:

  1. Planned maintenance and emergency maintenance.
  2. Disruptions outside the Provider's control (e.g., carrier, network, or third-party outages).
  3. Customer-caused misconfigurations or integration issues.
  4. Force majeure.
  5. Suspensions made under these terms or the AUP.

6. Service Credits

  1. If agreed availability is not met, the Customer may claim service credits according to the credit scale applicable to the Customer's SLA package.
  2. Service credits are limited to 100 percent of the monthly SLA fee for the affected month, unless agreed otherwise.
  3. Service credits are exclusively offset against future invoices; no cash payouts are made.

7. Claim Process

  1. Claims for service credits must be submitted in text form within 30 days after the end of the affected month.
  2. The claim must at minimum include period, impact, and affected services.
  3. The Provider reviews claims based on its own monitoring and operational data.

8. Exclusive Remedy

To the extent legally permissible, service credits are the exclusive remedy for SLA-related availability shortfalls.

9. Priority

In case of contradictions between Part D and Part A, Part D prevails for SLA-related topics.

10. Changes

  1. The Provider may amend this addendum with effect for the future.
  2. Material changes are announced with reasonable advance notice.

Part E - Platform/Chat Addendum (Web & SaaS)

This Part E additionally applies where the Customer uses the Chatbyte Platform (web-based SaaS for chat and agent functionality).

1. Scope of Platform Services

  1. The Platform includes, in particular, AI-enabled chat/agent functions, knowledge-base features, integrations (e.g., CRM, e-commerce, support tools), live chat, and messaging channels (e.g., web, WhatsApp Business, RCS).
  2. Specific functionality, limits, and contractual service obligations depend on the booked plan and current service description.
  3. AI outputs may be probabilistic and error-prone. The Customer remains responsible for professional review, approval, and lawful use of generated content.

2. Channel and Third-Party Integrations

  1. When using WhatsApp Business, RCS, or other third-party channels, the terms of the respective providers and intermediaries additionally apply.
  2. The Customer is responsible for lawful channel usage, in particular for consents, opt-in/opt-out processes, mandatory information, and regulatory requirements.
  3. The Provider is not a contracting party to third-party contracts. In case of violations, the indemnification rules in Part A Section 13 apply in particular.

3. Platform Availability and Support

  1. Unless a separate SLA is agreed, Platform availability and support are provided on a best-effort basis.
  2. Planned maintenance, emergency maintenance, and disruptions outside the Provider's control (e.g., LLM, carrier, or infrastructure outages) do not constitute breaches attributable to the Provider.

4. Interaction with the Other Parts

  1. Part E supplements Parts A to D with Platform/Chat-specific rules.
  2. In case of conflicts, Part E prevails for Platform/Chat topics; otherwise Parts A to D remain applicable.