Terms and Conditions

Last updated: October 6, 2026

1. Scope

These General Terms and Conditions (T&Cs) apply to all contracts between Dominik Weber, Jöllenbecker Str. 143, 33613 Bielefeld, Germany (hereinafter 'Provider') and its customers (hereinafter 'User') regarding the use of the SaaS platform 'WebChatAgent' (hereinafter 'Platform').

Deviating terms of the User are not recognized unless the Provider expressly agrees to their validity in writing.

The offer is directed exclusively at entrepreneurs within the meaning of Section 14 BGB, i.e. persons and companies concluding the contract in the exercise of their commercial or independent professional activity. By registering and with every order, the User confirms acting as an entrepreneur. The Provider does not conclude contracts with consumers (Section 13 BGB).

For contracts concluded by consumers before October 6, 2026, the consumer provisions in Sections 10, 13 and 14 continue to apply unchanged.

2. Subject Matter of the Contract

The Provider makes the Platform available to the User as Software-as-a-Service (SaaS). With the Platform, the User creates, configures and manages AI-powered assistants based on their own data sources. Replies are generated by external language models, for example GPT models via Microsoft Azure OpenAI in the EU or via OpenAI, Gemini and Claude models via Google, Grok models by xAI or models by Mistral AI.

The current scope of services includes:

• Creation and configuration of AI chatbots for the website widget, inline chat and team wiki
• Building a knowledge base from files, websites and connected data sources
• Channels: phone (add-on), email inbox, WhatsApp, Facebook Messenger, Instagram and automatic replies to Facebook and Instagram comments
• Live chat takeover, lead and appointment capture, analytics and usage statistics
• Interfaces such as REST API connectors and MCP servers

The Provider reserves the right to modify, enhance, or limit the features and functionality of the Platform, to the extent reasonable for the User and without affecting the core of the contractually owed service. Features may vary based on the subscription plan (when applicable). Section 6 no. 4 applies to disadvantageous changes to running paid plans.

The embeddable Chat Widget, which can be integrated into Users' websites, may change in appearance, design, functionality, and behavior without prior notice, to the extent reasonable for the User. For any interference or impairment that the Chat Widget may cause to other functions or elements of the User's website, the Provider is liable only in accordance with Section 8 (Liability). The User is responsible for ensuring compatibility with their website and for testing the integration in their specific environment.

If the phone channel is activated, the Provider makes a phone number available to the User for use. Phone numbers are sourced through a telecommunications infrastructure provider and remain allocated to the Provider or its upstream carriers. The User receives a simple, non-transferable right to use the phone number for the duration of the phone channel booking. There is no entitlement to the allocation of a specific phone number, to a transfer of the phone number, or to porting it to another provider, unless mandatory statutory provisions provide otherwise. Upon termination of the phone channel or the contract, the right of use ends; the phone number reverts to the Provider and may be reassigned.

To provide the AI features (chat and phone assistant), the Provider uses AI models and speech services from various vendors and continuously develops the technical implementation. The specific AI models used – language models for response generation as well as models for speech-to-text and text-to-speech – and the available AI voices may change at any time. If a model in use or a selected voice is discontinued or no longer provided, it is automatically switched to an equivalent model or voice. There is no entitlement to a specific model, vendor or voice. Such changes are not separately announced in advance; the contractual functionality of the service is maintained. If such a switch increases the consumption factor of the message allowance, the higher factor only applies under the procedure in Section 6 no. 4. Data protection information obligations, in particular regarding sub-processors under the Data Processing Agreement, remain unaffected.

3. Registration and User Account

The use of the Platform requires registration. The User is obliged to provide truthful and complete information during registration.

The User is responsible for maintaining the confidentiality of their access data.

The contract for the Free plan is concluded when registration is completed. By registering, including via a Google account, the User accepts these T&Cs including the data processing agreement (Section 11). The User books paid plans and add-ons in the checkout; the respective contract is concluded when the order is completed. The Provider stores the time and version of the accepted T&Cs. The T&Cs are available on the website at any time and can be saved and printed.

4. Usage Rights

The Provider grants the User a non-exclusive, non-transferable right, limited to the duration of the contract, to use the Platform in accordance with these T&Cs.

The User is not entitled to use, reproduce, modify, or make the Platform accessible to third parties beyond the contractually agreed scope.

5. Obligations of the User

The User is solely responsible for the content (data sources) that they upload or link on the Platform.

The User ensures that they have the necessary rights to use the provided data sources and do not violate any third-party rights (especially copyrights, trademarks, or personality rights) or legal provisions (especially data protection).

The User indemnifies the Provider against third-party claims based on a breach of these obligations for which the User is responsible, including reasonable costs of legal defense.

In particular, the User must not use the Platform to

• distribute unlawful or misleading content or content that infringes the rights of third parties,
• deceive people about the use of AI, in particular by letting the assistant pose as a human,
• send unsolicited advertising (e.g., via the email channel) or misuse phone numbers,
• implement practices prohibited under Art. 5 AI Act or use the Platform as a high-risk AI system under Annex III AI Act without a separate agreement,
• attack the Platform or circumvent security measures and usage limits.

If the User breaches these obligations, the Provider may temporarily block the affected content, chatbots or channels where this is necessary to prevent damage, and informs the User without delay. The right to terminate for good cause remains unaffected.

6. Remuneration and Payment Terms

The Platform is offered with a Free plan, a free trial and paid plans (collectively, the 'Plans'). Current prices, features and usage limits of the Plans are published on the website (e.g., on the pricing page) and may change.

1. Free plan. The Free plan is free of charge but limited in features and usage. New accounts start with a free trial of 14 days with extended features; afterwards the Free plan applies automatically, without any costs. The Provider may adjust Free plan limits to prevent abuse or excessive consumption of resources.
2. Paid plans. Paid plans are billed in advance on a recurring basis (monthly or annually) and renew automatically until canceled. All prices are net prices plus statutory VAT. Billing is in euros; customers outside the EU, EEA, United Kingdom and Switzerland can pay in US dollars. The currency chosen at the first purchase applies to all further purchases of the account.
3. Billing & payments. Payment methods, billing cycles and invoice details are described on the pricing and checkout pages. Upgrades may be prorated. Fees already paid are not refunded pro rata on cancellation or downgrade; this does not apply to termination for good cause for which the Provider is responsible.
4. Changes to Plans. The Provider may change the prices of a plan as well as its features and limits to an extent reasonable for the User. Changes without disadvantage to the User apply immediately. Disadvantageous changes to a running paid plan only apply from the next renewal and only under the procedure in no. 6 of this Section (announcement at least 30 days in advance, right to cancel).
5. Non-payment. In case of payment failures or overdue balances, the Provider may suspend or limit access to paid features until the issue is resolved.
6. Price Changes at Renewal. The fees agreed for a paid plan are fixed for the current billing period. The Provider is entitled to change the fees with effect from the start of the next billing period (renewal). Any such change will be announced to the User at least 30 days before it takes effect in text form (e.g., by email to the address linked to the account); the announcement will separately point out the change, the date it takes effect, and the User's right to terminate. The User may terminate the contract with effect to the end of the current billing period until the change takes effect. If the User does not terminate in time and continues to use the service beyond the renewal date, the change is deemed agreed for the following billing period. If the User terminates in time, the contract ends at the end of the current billing period at the previous fee. The same procedure applies to disadvantageous changes to features or limits under no. 4.
7. Message allowance. The message allowance included in a plan is consumed by every message the AI assistant handles: the question and the reply each count as one message, regardless of the channel used (chat widget, team wiki, WhatsApp, Facebook Messenger, Instagram, email and phone). How much a single message consumes depends on the selected AI model; more capable models consume a multiple. The applicable multiplier is shown in the model picker. Replies to attachments (images, documents, voice messages) consume additional units. At 90% usage the User receives a notification; once the allowance is used up, the assistant answers no further requests until the start of the next calendar month.
8. Phone minutes. The phone channel is booked as an add-on with a monthly minute allowance. Billing is per started call minute. Calls also consume the message allowance for the conversation, where every question and every answer counts as a message; each voice package therefore includes an additional message allowance. Once the minute or message allowance is used up, the phone assistant accepts no new calls until the start of the next calendar month; an ongoing call is not cut off because of this. Unused minutes expire at the end of the month.

For consumer contracts concluded before October 6, 2026, the right of withdrawal under Section 13 applies.

7. Availability and Maintenance

The Provider strives for high availability of the Platform but cannot guarantee uninterrupted availability. For the Free plan, no specific service level agreement (SLA) applies.

Specific availability commitments (if any) for paid plans may be defined and published with the respective Plan details. Such commitments, if provided, apply only to the corresponding paid plan tier.

Maintenance work will be carried out outside of usual business hours whenever possible and announced in advance.

8. Liability

The Provider is liable without limitation for intent and gross negligence, for injury to life, body, or health, for fraudulently concealed defects, under an assumed guarantee, and under the Product Liability Act.

In the event of a slightly negligent breach of an essential contractual obligation (an obligation whose fulfillment is what makes the proper performance of the contract possible in the first place and on whose observance the User may regularly rely), liability is limited to the contract-typical damage foreseeable at the time the contract is concluded.

For malfunctions, interference, or damages arising from the integration of the Chat Widget into the User's website, the Provider is liable only in accordance with the preceding paragraphs. The User is solely responsible for the proper integration of the Widget and for ensuring that it does not negatively impact their website's performance, security, or functionality.

The Provider is liable for the loss of data only to the extent that the damage would also have occurred with proper and regular data backups by the User; the User is co-responsible for appropriate backups of their own.

Otherwise, the Provider's liability is excluded. The foregoing limitations of liability also apply in favor of the Provider's vicarious agents.

9. Data Protection

The Provider processes the User's personal data in accordance with the separate Privacy Policy.

10. Contract Duration and Termination

The contract runs for an indefinite period. The User may terminate their Free plan account at any time with immediate effect by closing the account.

Paid subscriptions renew automatically for the selected billing period (month or year) until canceled. The User can cancel at any time with effect from the end of the current billing period, in the customer account or in text form. After the contract ends, the account is switched to the Free plan.

If a consumer concluded an annual plan before October 6, 2026, it does not renew for a further fixed term after the initial term but continues for an indefinite period; it can then be terminated at any time with one month's notice.

The Provider may terminate free accounts with 30 days' notice and paid contracts with at least 30 days' notice to the end of the respective billing period, in text form; the User can export their data until the contract ends.

The right to extraordinary termination for cause remains unaffected.

Data export and switching: The User can export conversations at any time in the customer account on every plan as CSV (JSON on request). Leads, appointments, call logs, knowledge sources and the configuration of their chatbots are provided by the Provider on request in a common, machine-readable format. If the User switches to another provider or to their own systems, the Provider supports them in accordance with Art. 23 et seq. Data Act (Regulation (EU) 2023/2854): for a switch, the User may, notwithstanding paragraph 2, terminate with two months' notice. At the User's request, a transitional period of up to 30 days follows during which the contract continues and the Provider supports the switch. The account then moves to the Free plan; the User can retrieve their data for at least 30 days and until they delete their account. The Provider charges no switching fees. Internal operational data of the Provider (e.g., security logs and billing records) and data whose disclosure would infringe trade secrets or third-party rights are excluded from the export. If the User deletes their account, the Provider deletes the exportable data completely; backup copies are overwritten after 3 days at the latest.

Consumers with contracts concluded before October 6, 2026 can cancel via the cancellation page: Cancel contracts here

11. Data Protection and Deletion Obligations

Insofar as the User processes personal data of their end users, callers, correspondents or other third parties via WebChatAgent, the User is the controller within the meaning of Art. 4(7) GDPR.

WebChatAgent processes this data solely on behalf of and in accordance with the User's instructions.

The details are governed by the data processing agreement (DPA) pursuant to Art. 28 GDPR. It forms part of these T&Cs and is concluded upon registration; the User confirms new versions in the customer account: View the Data Processing Agreement

The customer is obliged to regularly review the data stored during use (e.g., chat histories, leads, or contact data) and delete it independently once the processing purpose no longer applies or after reasonable retention periods have expired.

WebChatAgent provides deletion functions and an automatic retention period in the customer account for this purpose; on the Free plan, the Provider deletes or exports individual entries on request.

For newly registered accounts, automatic deletion is active from the start: conversations, calls, leads, appointments, feedback and collected questions are deleted 30 days after they were created. The User can change the period and data types in the customer account or switch automatic deletion off; the User remains responsible for appropriate periods.

The customer must ensure that the use and storage of personal data complies with the requirements of the GDPR.

External Services in the Chat Widget

The Chat Widget may include optional features that utilize third-party external services. For example, if the customer enables the use of custom fonts (e.g., Google Fonts) in the widget, these fonts are loaded directly from the respective provider's servers (e.g., Google). In this process, personal data such as the IP addresses of website visitors may be transmitted to these third-party providers.

The customer (website operator), as the data controller under data protection law, is solely responsible for ensuring that the integration of such external services on their website complies with applicable data protection regulations. This includes, in particular, obtaining any required consent from website visitors, updating their own privacy policy, and verifying the lawfulness of data transfers to third countries.

The customer indemnifies WebChatAgent against third-party claims based on a configuration or use of the widget that violates data protection law and for which the customer is responsible. Otherwise, WebChatAgent is liable in accordance with Section 8.

The privacy notice pre-filled in the chat widget is a non-binding sample text. The customer is obliged to review this text independently and adapt it to their individual data protection situation, in particular their own privacy policy.

AI transparency (EU AI Act)

The customer uses the platform as a deployer within the meaning of Art. 3(4) of Regulation (EU) 2024/1689 (AI Act). The provider marks AI-generated answers: in the chat widget by a note below every reply, on the phone channel by a spoken announcement at the start of the call, on WhatsApp, Facebook Messenger and Instagram by a note in the first reply, for automatic comment replies in the public reply or in the first direct message and in automatically sent emails by a note in the text.

This marking is part of the service and cannot be switched off in the settings. The customer must not remove, cover or obscure it, in particular not by way of custom CSS, custom JavaScript or a modified embedding of the widget. The customer must likewise not configure the chatbot to present itself as a human.

Machine-readable marking under Art. 50(2) AI Act is applied where the respective channel technically permits it: responses of the web chat interface are marked accordingly, automatically sent emails carry the header X-AI-Generated. On the phone channel, WhatsApp, Facebook Messenger and Instagram this is not technically possible.

If the customer culpably breaches the second paragraph of this section (AI transparency) or its own obligations under Art. 50 AI Act, the customer shall indemnify WebChatAgent against third-party claims based on that breach.

12. Special Terms for White-Label / Reseller Partners

The following provisions apply in addition to users who obtain the Platform as a white-label solution and resell it under their own brand to their own customers (“End Customers”) (the “Partner”). The “Provider” is the operator of the Platform named in Section 1 (Dominik Weber, Jöllenbecker Str. 143, 33613 Bielefeld, Germany). In the event of conflict, these provisions take precedence over the other provisions of these T&Cs in the relationship with the Partner. The contract is concluded exclusively between entrepreneurs within the meaning of § 14 of the German Civil Code (BGB); it is not a consumer transaction.

12.1 Contractual Relationship and End Customers

The Partner is the Provider’s sole contractual counterparty. There is no contractual relationship between the Provider and the Partner’s End Customers. The Partner acts towards its End Customers in its own name and for its own account and is solely responsible for the contractual and statutory relationships with its End Customers.

12.2 Scope of Services

What is owed is the provision of the Platform in its respectively available scope of functions and current version. The Provider is entitled to further develop and adapt the Platform and to change or discontinue individual functions, insofar as this is reasonable for the Partner. The Provider’s strict (fault-independent) liability for defects already existing at the time the contract is concluded (§ 536a (1) alt. 1 BGB) is excluded.

Certain platform features are not available in the white-label model; this applies in particular to the WhatsApp and Facebook Messenger integration, the direct Google Calendar integration, as well as the Team Wiki / Knowledge Base portal. The scope of functions actually available in the Partner’s dashboard is decisive.

Phone numbers for the phone channel are provided to the Customer or its end customers solely for use during the contract term. They are sourced through a telecommunications infrastructure provider and remain allocated to the Provider or its upstream carriers. There is no entitlement to the allocation of a specific phone number, to a transfer of the phone number, or to porting it to another provider, unless mandatory statutory provisions provide otherwise. The Customer shall inform its end customers accordingly and shall not grant them any further rights to the phone numbers. For phone numbers in countries with registration requirements, activation requires a one-time registration of the number holder; the holder and supporting data required for this (including uploaded supporting documents) are transmitted to the telecommunications infrastructure provider for the legally required review. The Customer shall inform its end customers thereof.

The same applies to the AI models and speech services used: the AI models used for the chat and phone assistant (language models, speech-to-text, text-to-speech) and the available AI voices may change at any time. If a model or a voice selected by the Customer or its end customers is discontinued, it is automatically switched to an equivalent model or voice; there is no entitlement to a specific model, vendor or voice. No separate advance notification is given. Data protection information obligations regarding sub-processors under the Data Processing Agreement remain unaffected.

Technical requirements and customer obligations

Operating the white-label platform requires the customer's cooperation. The customer must meet the following requirements; without them the platform cannot be used, or only to a limited extent.

Own domain or subdomain: Operation requires the customer's own domain or subdomain, pointed via DNS to the IP address we provide. Correct configuration and verification of the domain is the customer's responsibility. Without a verified domain the platform is not operational.

Email delivery (SMTP): To send emails from the customer's own sender address (e.g. invitations, notifications), the customer must enter valid SMTP credentials in the white-label dashboard. The customer is responsible for the accuracy, function and deliverability of these credentials. Without stored SMTP credentials, no emails are sent.

12.3 AI-Generated Content

The chatbot’s responses are generated automatically by AI language models on the basis of the configuration provided by the Partner (in particular system instructions, stored knowledge, and data sources). Such outputs are inherently probabilistic and may be incorrect, incomplete, outdated, or misleading (so-called “hallucinations”). The Provider gives no warranty as to the accuracy, completeness, timeliness, or fitness of the chatbot’s outputs for any particular purpose.

The Partner determines the use, configuration, and content of the chatbot and adopts its outputs as its own by deploying it under its own brand. The Partner is responsible for reviewing the outputs and for their suitability in the respective field of use and takes any necessary control, approval, or restriction measures itself. The Partner ensures that its end users are made recognizably aware that they are interacting with an AI system and that its outputs may be erroneous. Any liability of the Provider for the content and accuracy of the AI outputs exists solely in accordance with Section 12.6.

12.4 Availability

The Provider strives for high availability of the Platform (a target of approximately 99.9% on an annual average) but does not owe any specific or uninterrupted availability. A service level agreement, availability guarantees, or credits exist only insofar as separately agreed in writing. Announced maintenance work as well as temporary disruptions and interruptions not attributable to the Provider do not constitute a defect and give rise to no claims.

12.5 Usage and Volume Limits

Volume and usage limits (in particular message quotas) are technical auxiliary functions and are provided without warranty. A delayed, faulty, or absent limitation gives rise to no claims by the Partner; the Partner remains responsible for actual usage and for compliance with the booked quota. The Provider is entitled to subsequently charge for usage exceeding the booked quota at the prices of the message add-on packages shown in the customer account and to throttle or suspend usage in the event of an overage or a technical failure of the limitation.

12.6 Liability

The Provider is liable without limitation in cases of intent and gross negligence, for injury to life, body, or health, for fraudulently concealed defects, under an assumed guarantee, and under the Product Liability Act.

In the event of a slightly negligent breach of an essential contractual obligation (an obligation whose fulfillment is what makes the proper performance of the contract possible in the first place and on whose observance the Partner may regularly rely), liability is limited to the contract-typical damage foreseeable at the time the contract is concluded.

Otherwise, the Provider’s liability is excluded. This applies in particular to indirect damage, consequential damage, lost profit, business interruption, and to damage arising from the content of AI-generated outputs and from the unavailability of the Platform, unless a case under the first or second paragraph of this Section 12.6 applies. The foregoing limitations of liability also apply in favor of the Provider’s vicarious agents.

12.7 Indemnification

The Partner shall indemnify the Provider against all claims of its End Customers and other third parties asserted in connection with the operation and marketing of the white-label solution for which the Partner is responsible, insofar as the Partner is responsible for the underlying breach of duty, including reasonable costs of legal defense. This includes in particular claims arising from the Partner’s own performance or availability commitments, from content and advertising statements for which the Partner is responsible, from the content of AI-generated outputs, and from a configuration or use that does not comply with data protection law. The indemnification does not apply insofar as the Provider is itself responsible for the asserted claim.

12.8 The Partner’s Own Commitments

Performance, availability, or other commitments that the Partner makes to its End Customers take effect exclusively in the relationship between the Partner and its End Customers and do not bind the Provider. The Partner alone is liable for such commitments.

12.9 Data Loss and Data Protection

The Provider is liable for the loss of data only in accordance with Section 12.6 and only to the extent that the damage would also have occurred with proper and regular data backups by the Partner. The Partner is co-responsible for appropriate backups of its own. Data protection obligations are governed by the data processing agreement for white-label partners, which is concluded with the order and confirmed in the customer account.

View the White-Label Data Processing Agreement

12.10 Governing Law, Place of Jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from or in connection with the white-label relationship is Bielefeld, insofar as the Partner is a merchant, a legal entity under public law, or a special fund under public law. Should individual provisions of this section be or become ineffective, the validity of the remaining provisions shall remain unaffected.

13. Right of Withdrawal for Consumers (contracts before October 6, 2026)

The following withdrawal instructions apply only to consumers within the meaning of Section 13 BGB who concluded their contract before October 6, 2026. Since then, the Provider no longer concludes contracts with consumers (Section 1).

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must inform us (Dominik Weber, Jöllenbecker Str. 143, 33613 Bielefeld, Germany, email: hello@webchatagent.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of this reimbursement.

Early expiry and compensation for value

If you requested that the service begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point at which you notify us of your withdrawal, compared with the total scope of the services provided for in the contract. Your right of withdrawal expires where we have fully provided the service and only began performance after you gave your express consent and at the same time confirmed your awareness that you lose your right of withdrawal upon full performance of the contract.

Model withdrawal form

(If you wish to withdraw from the contract, please complete this form and return it.)

To Dominik Weber, Jöllenbecker Str. 143, 33613 Bielefeld, Germany, email: hello@webchatagent.com: I/We (*) hereby withdraw from the contract concluded by me/us (*) for the use of the platform WebChatAgent. Ordered on (*) / concluded on (*): ____________ Name of consumer(s): ____________ Address of consumer(s): ____________ Signature of consumer(s) (only if this form is notified on paper): ____________ Date: ____________ (*) Delete as appropriate.

14. Final Provisions

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the User is a consumer, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

The place of jurisdiction for all disputes arising from this contract is Bielefeld, Germany, provided the User is a merchant, a legal entity under public law, or a special fund under public law. If the User is a consumer, the statutory places of jurisdiction shall apply.

The Provider may amend these T&Cs with effect for the future, insofar as this is reasonable for the User. It announces amendments in text form at least 30 days before they take effect and points out the right to object and the consequences of silence. If the User does not object by the effective date, the new version is deemed agreed; the User can also accept it earlier in the customer account. If the User objects, either party may terminate the contract as of the effective date. Section 6 nos. 4 and 6 apply to changes to prices, features and limits.

Should individual provisions of these T&Cs be or become ineffective, the validity of the remaining provisions shall remain unaffected. In the event of discrepancies between the language versions, the German version prevails.