General Terms and Conditions (Terms and Conditions) for voiceOne

§ 1 Scope of application

(1) These General Terms and Conditions (hereinafter "Terms and Conditions") apply to all contracts between voiceOne UG (haftungsbeschränkt), Hinterer Graben 10, 96047 Bamberg, registered in the Commercial Register of the Local Court of Bamberg under HRB 12567 (hereinafter "Provider" or "voiceOne") and the Customer concerning the use of the SaaS service "voiceOne" (hereinafter "Service").

(2) The Service is directed exclusively at entrepreneurs within the meaning of § 14 BGB. Consumers within the meaning of § 13 BGB are excluded from use.

(3) Deviating, conflicting or supplementary terms and conditions of the Customer do not become part of the contract, unless the Provider expressly agrees to their validity in writing.

(4) The version of these Terms and Conditions valid at the time of conclusion of the contract shall in each case be authoritative.

§ 2 Subject matter of the contract and description of services

(1) The Provider makes available to the Customer an AI-supported telephone assistant as Software-as-a-Service (SaaS) via the internet. Access takes place via the platform app.voice-one.ai.

(2) Depending on the tariff selected, the Service comprises in particular:

• Automatic call answering and intelligent conversation management by means of AI
• Appointment booking, amendment and cancellation with calendar integration
• Forwarding of urgent calls to staff
• SMS and email notifications
• Dashboard for the management and evaluation of calls
• Individual greeting and response texts
• Sector-specific configuration (catering, healthcare, trades, services, etc.)

(3) The exact scope of services is determined by the respective tariff selected in accordance with the current description of services on the website voice-one.ai.

(4) The Provider is entitled to continuously develop and improve the Service, provided that the essential functions of the booked tariff are retained. Material restrictions of the scope of services will be notified to the Customer at least 4 weeks in advance.

(5) The Provider owes the provision of the Service, but not any particular success. In particular, the Provider does not guarantee the substantive accuracy of the responses generated by the AI system.

(6) The Provider is entitled to engage subcontractors for the provision of the contractual services. The Provider remains responsible vis-à-vis the Customer for the proper provision of services.

§ 3 Conclusion of the contract and registration

(1) The contract comes into effect through the complete registration of the Customer on app.voice-one.ai and the acceptance of these Terms and Conditions. The Provider confirms the conclusion of the contract by email.

(2) Upon registration, the Customer represents that they are an entrepreneur within the meaning of § 14 BGB and that the data provided is truthful and complete.

(3) The Provider reserves the right to reject a registration without stating reasons.

(4) The Customer is obliged to keep their registration data up to date at all times and to notify any changes without undue delay.

§ 4 Trial phase

(1) The Customer receives a free trial phase of unlimited duration. During the trial phase, the Service is available to the agreed extent.

(2) The Provider may terminate the trial phase at any time with a notice period of 14 days. The Customer will be informed of this by email.

(3) If the Customer selects a chargeable tariff, the contract converts into a chargeable subscription.

(4) There are no payment obligations during the trial phase. The Provider is entitled to restrict the scope of functions during the trial phase.

§ 5 Prices and terms of payment

(1) The currently valid prices can be viewed on the website voice-one.ai. All prices are net prices plus the applicable statutory value added tax.

(2) Billing takes place monthly in advance. The invoice amount is collected by SEPA direct debit, credit card or on account.

(3) Inclusive minutes are determined by the tariff selected. Excess minutes are invoiced retrospectively at the end of the billing month in accordance with the current price list.

(4) The Provider is entitled to adjust the prices with an announcement period of at least 6 weeks with effect from the next billing period. Price increases of more than 5 % entitle the Customer to extraordinary termination effective from the point in time at which the price increase takes effect. The Customer must declare the termination within 14 days of receipt of the notification of change.

(5) Unless otherwise agreed, invoices are payable within 14 days of the invoice date without deduction.

(6) In the event of default of payment, the Provider is entitled:

• to charge default interest at a rate of 9 percentage points above the base interest rate (§ 288 Abs. 2 BGB);
• to temporarily block access to the Service after prior reminder with the setting of a reasonable period (at least 14 days);
• to assert the costs of reasonable legal enforcement.

(7) The Customer may set off against claims of the Provider only with undisputed counterclaims or counterclaims established as final and binding by a court.

§ 6 Availability and service level

(1) The Provider strives for an availability of the Service of 99 % on an annual average.

(2) Excluded from the availability calculation are:

• Scheduled maintenance work that is announced to the Customer at least 48 hours in advance by email and, where possible, takes place outside main business hours;
• Disruptions caused by force majeure;
• Disruptions within the area of responsibility of the Customer or its end users;
• Disruptions at third-party providers (e.g. telecommunications providers) over which the Provider has no influence.

(3) In the event of disruptions, the Provider will remedy them without undue delay after becoming aware of them.

§ 7 Obligations of the Customer

(1) The Customer is obliged to keep their access data (username, password) secret, to protect it against access by third parties, and to inform the Provider without undue delay if they become aware of a misuse of their access data.

(2) The Customer ensures that the use of the Service takes place in accordance with the applicable statutory provisions, in particular with the provisions of data protection (DSGVO, BDSG) and of telecommunications law.

(3) The Customer is responsible for the accuracy and currency of their business, contact and configuration data.

(4) The Customer informs their customers and callers in a suitable manner that calls may be answered by an AI assistant, insofar as this is legally required.

(5) The Customer shall refrain from any use of the Service that is liable to impair the operation of the Service or the security of the infrastructure.

(6) The Customer creates backup copies of the data entered into the Service on their own responsibility, insofar as this is technically possible.

§ 8 Rights of use and intellectual property

(1) The Provider grants the Customer, for the duration of the contract, a simple, non-transferable, non-sublicensable right to use the Service in accordance with these Terms and Conditions as intended.

(2) All rights to the Service, including the software, the design, the algorithms, trademarks and the documentation, remain with the Provider.

(3) The Customer may not decompile, disassemble or otherwise attempt to ascertain the source code of the Service (unless this is mandatorily permissible pursuant to § 69e UrhG), and may not make the Service available to third parties for their own independent use.

(4) The data entered into the Service by the Customer remains the property of the Customer.

§ 9 Data protection and data processing on behalf of the controller

(1) The Provider processes personal data on behalf of the Customer in accordance with Art. 28 DSGVO. The details are governed in a separate data processing agreement (AVV).

(2) All data is processed and stored exclusively on servers in Germany.

(3) The Provider employs appropriate technical and organisational measures (TOM) in order to ensure the security of the data in accordance with Art. 32 DSGVO.

(4) The Provider supports the Customer in the fulfilment of their obligations as Controller, in particular in the case of data subject requests and data protection incidents.

(5) The Provider informs the Customer without undue delay of data protection incidents that concern personal data of the Customer.

(6) Further information on the data processing can be found in our Privacy Policy.

§ 10 Confidentiality

(1) Both parties undertake to keep secret all confidential information of the respective other party obtained within the scope of the contractual relationship and to use it only for the purposes of the contract.

(2) This obligation does not apply to information that was already publicly known, that becomes public after the communication without fault, that was already known to the receiving party, or that must be disclosed on the basis of statutory provisions.

(3) The confidentiality obligation continues to exist beyond the termination of the contract for a period of 3 years.

§ 11 Warranty

(1) The Provider warrants that the Service substantially conforms to the agreed description of services. Insignificant deviations do not constitute a defect.

(2) In the event of a defect, the Customer must inform the Provider without undue delay in writing, describing the defect as precisely as possible.

(3) The Provider will remedy reported defects within a reasonable period. If the rectification fails after two attempts, the Customer is entitled to reduce the monthly price appropriately.

(4) Warranty claims become time-barred within 12 months from the arising of the claim, insofar as legally permissible. This does not apply to claims arising from intent and gross negligence, nor to claims on account of injury to life, body or health.

§ 12 Liability

(1) The Provider is liable without limitation in the event of intent and gross negligence, in the event of injury to life, body and health, in accordance with the provisions of the Product Liability Act (Produkthaftungsgesetz), as well as within the scope of a guarantee assumed.

(2) In the event of slight negligence, the Provider is liable only in the event of a breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to the foreseeable damage typical of the contract.

(3) Liability for slight negligence in the event of a breach of cardinal obligations is limited to the average contract value of the last 12 months, but at least to 2,500 €.

(4) The Provider is not liable for the substantive accuracy of the responses generated by the AI system, for damage caused by faulty configuration by the Customer, for lost profit, indirect damage and consequential damage (insofar as paragraph 1 or 2 does not apply), nor for the loss of data, provided that the damage could have been avoided by appropriate data backup measures on the part of the Customer.

(5) The Customer indemnifies the Provider against all claims of third parties that arise on account of an unlawful use of the Service by the Customer or with the Customer's toleration.

§ 13 Force majeure

(1) Neither party is liable for the non-fulfilment or delayed fulfilment of its obligations, insofar as this is based on force majeure (e.g. natural disasters, pandemics, war, official orders, strike, failure of telecommunications networks).

(2) The affected party informs the other party without undue delay of the occurrence and expected end of the event.

(3) If the force majeure event lasts longer than 60 days, each party is entitled to terminate the contract extraordinarily.

§ 14 Term and termination

(1) The contract is concluded for an indefinite period.

(2) The contract may be terminated by both sides with a notice period of 30 days to the end of a billing period (end of month). The termination requires text form (email is sufficient).

(3) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular where:

• a party breaches an essential contractual obligation despite a reminder and a reasonable period of grace;
• insolvency proceedings are opened over the assets of a party or the opening is refused for lack of assets;
• the Customer is in default with the payment of more than 2 monthly amounts;
• the Customer uses the Service in a manner that infringes applicable law.

§ 15 Consequences of termination of the contract

(1) After the end of the contract, the Customer's access to the Service is deactivated.

(2) Upon request, the Provider makes available to the Customer, within 30 days after the end of the contract, an export of their data in a common format.

(3) After the expiry of 30 days following the end of the contract, the Customer's data is deleted, provided that no statutory retention obligations preclude this.

(4) Amounts already paid for unused periods are not refunded, unless the termination takes place for good cause for which the Provider is responsible.

§ 16 Amendments to the Terms and Conditions

(1) The Provider is entitled to amend these Terms and Conditions with effect for the future, insofar as this is reasonable taking into account the interests of both parties, in particular in the case of adjustments to a changed legal situation, altered technical framework conditions or the introduction of new functions.

(2) Amendments are notified to the Customer at least 6 weeks before taking effect by email. The Customer may object in text form within 4 weeks of receipt.

(3) If the Customer does not object within the period, the amendments are deemed approved. The Customer is expressly notified of this legal consequence in the notification of change.

(4) If the Customer objects, the Provider is entitled to terminate the contract with a notice period of 30 days to the end of the month.

§ 17 Final provisions

(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is Bamberg, provided that the Customer is a merchant, a legal person under public law or a special fund under public law, or has no general place of jurisdiction in Germany.

(3) Should individual provisions of these Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected. The statutory regulation shall take the place of the invalid provision.

(4) There are no verbal side agreements. Amendments and supplements to this contract require text form. This also applies to the cancellation of this text form requirement.

(5) The Provider is entitled to transfer rights and obligations arising from this contract, wholly or partially, to third parties. The Customer is informed of this in advance and may, in this case, terminate the contract extraordinarily.

As at: March 2026