These Terms and Conditions (hereinafter 'T&C') govern the contractual relationship between Digital Tribe UG (hereinafter 'FlowVoice') and its customers (hereinafter 'Customer') who use the cloud-based telephony service with AI functions (hereinafter 'Service').
The Service includes, in particular, the provision of a virtual telephone system in the cloud, AI-supported speech processing, and other additional services that are continuously being developed. The Service is accessed via the Internet.
By concluding a contract or beginning to use the Service, the Customer agrees to these T&C.
Subject Matter and Scope of Services
FlowVoice provides the Customer with a cloud telephony solution that can be subscribed to on a monthly basis. This includes the ability to make incoming and outgoing calls via virtual phone numbers, use AI-supported speech analysis and transcription, and access other available functions.
FlowVoice strives for continuous development and improvement of the offered services. There is no entitlement to specific future functionalities.
FlowVoice is entitled to modify, add, or discontinue individual functions or services, provided that this does not deprive the Customer of the contractually assured usability.
Contract Conclusion and Account Registration
The contract between the Customer and FlowVoice is concluded by completing and submitting the registration form on the FlowVoice website or through other provided sales channels.
The Customer is obligated to provide truthful and complete information during registration. Changes to the provided data must be communicated to FlowVoice immediately.
FlowVoice reserves the right to reject a contract conclusion without stating reasons.
Prices and Payment Terms
The current prices are based on the price list or chosen tariff valid at the time of contract conclusion. FlowVoice reserves the right to change prices at any time. Price changes will be communicated to the Customer in writing or via email at least four weeks before they take effect.
Call minutes are charged according to the rates shown in the price list. Billing is generally done per minute, with each started minute being rounded up to the next full minute.
Outgoing calls to special numbers (e.g., service numbers, premium services) may incur additional costs. FlowVoice reserves the right to pass these additional costs on to the originator (hereinafter 'cost bearer').
Billing occurs monthly unless explicitly agreed otherwise. The Customer receives the invoice in electronic form (e.g., via email or in the customer account).
Payments are due immediately and must be settled using the provided payment methods. If the Customer defaults on payment, FlowVoice may charge late fees and interest.
Subscription, Termination, and Downgrade
The Service is offered as a monthly subscription. The Customer can terminate the subscription at any time, without giving reasons, effective at the end of the current billing period.
A switch to a lower tariff (downgrade) is only possible if the requirements for that tariff (e.g., maximum number of virtual assistants) are met.
In case of termination or downgrade, any remaining free minutes expire at the time of tariff change or contract termination. Unused free minutes cannot be carried over to the following month.
Terminations must be made in text form (e.g., email) or through the FlowVoice customer portal if such a function is offered there.
Number Porting
If the Customer wishes to port an existing phone number, FlowVoice will make best efforts to carry out the porting. However, no guarantee can be given for successful porting.
In case of termination, the Customer can request the release of phone numbers used with FlowVoice for porting free of charge within 10 days after the end of the contract. After this period, FlowVoice is entitled to permanently release or delete the phone numbers without any claims for compensation.
Voice Recordings and AI-Supported Transcriptions
As part of the Service, the Customer can make voice recordings. The Customer is responsible for informing all calling parties in advance about the recording in accordance with applicable law (e.g., data protection regulations).
Machine transcriptions are created to improve the service and support various functions. Voice data is processed automatically. FlowVoice complies with applicable data protection requirements.
The Customer is responsible for compliance with all legal requirements, particularly data protection and privacy rights.
Terms of Use and Customer Obligations
The Customer agrees to use the Service exclusively within the framework of applicable laws and these T&C. In particular, the Customer agrees not to distribute illegal content through the Service.
The Customer ensures that data, texts, images, audio files, etc. used within the Service are free from third-party rights or that appropriate usage rights exist.
The Customer has confidentiality obligations for confidential information that becomes accessible through the use of the Service.
In case of violations against legal provisions or these T&C, FlowVoice is entitled to block the Customer's access to the Service with immediate effect and potentially terminate the contract extraordinarily.
Availability and Liability
FlowVoice strives for the highest possible system availability but cannot guarantee it. Temporary restrictions or outages may occur due to maintenance work, capacity constraints, security, or other technical reasons.
When using AI services (e.g., speech recognition, speech processing), errors or incomplete results may occur. FlowVoice assumes no liability for the accuracy or completeness of AI results.
FlowVoice is only liable for damages caused intentionally or through gross negligence by FlowVoice, its legal representatives, or agents. This limitation does not apply to damages resulting from injury to life, body, or health.
Any further liability of FlowVoice is excluded. This also applies to lost profits, business interruptions, and other consequential damages.
Insofar as FlowVoice's liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and agents.
Data Protection
FlowVoice processes personal data of the Customer and, if applicable, conversation participants exclusively within the framework of applicable data protection laws (particularly GDPR and BDSG).
The Customer remains responsible under data protection law for voice recordings and call contents. They must ensure that all affected persons are properly informed about the processing of their data and that necessary consents are obtained.
FlowVoice implements appropriate technical and organizational measures to protect personal data from unauthorized access, loss, or misuse.
Transfer to a Third Country - Processor to Controller:
The parties agree that the standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (COMMISSION IMPLEMENTING DECISION (EU) 2021/914) MODULE FOUR: Transfer from Processor to Controller, published in our General Terms and Conditions under the following link https://getflowvoice.com/Data_Protection_Terms_EN.pdf shall apply to this contractual relationship.
Changes to the T&C
FlowVoice is entitled to adapt or change these T&C with effect for the future. Changes will be communicated to the Customer via email or in writing.
The changes are deemed approved if the Customer does not object in text form within four weeks after receiving the change notification.
If the Customer objects to the changes, FlowVoice has the right to terminate the contractual relationship with two weeks' notice.
Final Provisions
Contracts between FlowVoice and the Customer are exclusively subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods.
The place of fulfillment and jurisdiction is, if legally permissible, the registered office of FlowVoice.
Should individual provisions of these T&C be or become invalid or unenforceable, the remainder of the contract remains valid. In place of the invalid or unenforceable provision, such valid and enforceable provision shall be deemed agreed whose effects come closest to the original provision.
