Terms and Conditions (T&C)

1. General

1.1 These T&C govern the legal relationship between Horst Christian Wagner, Birkenstr. 2, 86836 Klosterlechfeld (Provider) and users (Customer) of the beta version of the SaaS solution "Convayla". Convayla is a label of Horst Christian Wagner.

1.2 By registering or using the services, the Customer accepts these T&C in their current version.

1.3 During the beta phase, the offer is aimed at business users (§ 14 BGB) and adult private individuals.

1.4 Amendments to the T&C may be made for objectively justified reasons and will be communicated in text form. If the Customer does not object within 14 days, the changes are deemed accepted.

1.5 The Provider may use suitable subcontractors.

2. Beta Status / Scope of Services

2.1 The Provider offers a beta/pilot version of a SaaS platform where users can create free accounts and set up multiple agents, each with its own knowledge base.

2.2 The scope of functions may vary; there is no entitlement to specific features or permanent availability.

2.3 The Provider may change, extend, or restrict functions at any time.

2.4 The purpose of the beta phase is testing, optimization, and further development based on user feedback.

3. Pricing Model

3.1 Free: Account creation and agent setup including a knowledge base.

3.2 Paid: Usage (voice/chat connections) charged per minute on a pay-as-you-use basis, prices published on the website.

3.3 Prices may change during the beta phase without prior notice.

3.4 In addition, Lifetime Plans may be offered; see Clause 12 for details.

4. Provider's Services

4.1 Provided via the internet; no SLA.

4.2 Outages and malfunctions may occur.

4.3 No obligation to fix errors; best-effort approach.

4.4 Technical parameters and limits may be adjusted without prior notice.

5. Customer Obligations

5.1 Keep login credentials secure.

5.2 Do not enter illegal content or special categories of personal data (Art. 9 GDPR).

5.3 The Customer is responsible for their own content and its lawfulness.

6. Rights of Use

6.1 Simple, non-transferable right of use for the duration of the beta.

6.2 All rights to the platform and software remain with the Provider.

7. Fees and Billing

7.1 Charges only for actual usage according to the rates published on the website.

7.2 Billing monthly or upon usage thresholds.

7.3 Prices are not fixed in these T&C and may be changed at any time.

8. Liability

8.1 No liability except in cases of intent or gross negligence.

8.2 No liability for incorrect AI responses.

8.3 The Customer must review content at their own responsibility.

9. Data Protection

9.1 Processing according to the privacy policy at https://www.voice-chat-agent.com/legal/privacy.

9.2 Chat/voice content stored for up to 30 days for error analysis.

10. Term and Termination

10.1 Termination possible at any time.

10.2 Deletion if inactive for over 6 months or upon T&C violation.

10.3 The extraordinary termination right under Clause 13 remains unaffected.

11. Final Provisions

11.1 German law applies; the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

11.2 The invalidity of individual provisions shall not affect the validity of the remainder.

12. Lifetime Plans and Price Guarantee

12.1 Definition A “Lifetime Plan” is a plan purchased for a one-time fee that grants the Customer indefinite access to the product features as advertised at the time of purchase.

12.2 Price Guarantee The per-minute price indicated for the Lifetime Plan applies indefinitely, subject to Clause 12.3. The price guarantee refers to the third-party cost base valid at the time of purchase (in particular speech, AI, and infrastructure services such as OpenAI, Mistral, Microsoft, Google, databases, and comparable providers).

12.3 Cost Increases If the relevant third-party costs increase by more than 15% compared to the time of purchase (the weighted average over the last 30 calendar days is decisive), the Provider may adjust the per-minute price proportionately, but not exceeding the level of the cost increase.

12.4 Notice & Evidence Price adjustments will be announced at least 30 days before taking effect, in text form (email). Upon request, the Provider will supply a comprehensible overview of the cost development. In such case, the Customer has an extraordinary termination right pursuant to Clause 13.

12.5 Functionally Equivalent Adjustments Where third-party services change/are discontinued, or technical adjustments are necessary, the Provider may supply functionally equivalent features/models, provided the core utility of the Lifetime Plan is preserved.

12.6 Non-transferability Lifetime Plans are personal to the original purchaser and non-transferable.

13. Extraordinary Termination Right

13.1 Both parties may terminate extraordinarily in the event of (a) price adjustments under Clause 12.3, (b) material changes to the services (> 15% reduction of the agreed scope without an equivalent replacement), or (c) the introduction of new usage restrictions that significantly impair the agreed scope of services.

13.2 Termination must be declared within 30 days from receipt of the change notice, in text form. The ordinary termination right remains unaffected.

14. Acceptable Use and Fair-Use

14.1 Intended Use The services may only be used for their intended purpose as voice/conversational AI on websites and similar interfaces.

14.2 Prohibited Uses In particular, the following are prohibited: automated mass requests without voice/dialog interaction; resale, subletting, or sublicensing; use for unlawful, discriminatory, or harmful content; circumventing technical protection measures; load/stress tests without consent; scraping/benchmark mining.

14.3 Fair-Use & Safeguards Excessive usage that impairs service stability or availability, or significantly exceeds normal business use, is not permitted. The Provider may implement reasonable safeguards (e.g., rate limits, captcha checks, temporary suspensions) and may terminate extraordinarily in the event of severe violations.

Effective Date