Terms and Conditions

Last updated: 09.06.2026

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.

2. Subject Matter of the Contract

The Provider makes the Platform available to the User as Software-as-a-Service (SaaS). The Platform enables the User to create, configure, and manage AI-powered chatbots based on data sources provided by the User, utilizing external Large Language Models (LLMs) such as OpenAI's GPT models, Google's Gemini models, xAI's Grok models, or Mistral AI models.

The current scope of services includes:

• Creation and configuration of AI chatbots
• Upload and indexing of custom data sources (text files, documents, websites)
• Integration with various LLM providers (OpenAI, Google, xAI, Mistral, etc.)
• Basic analytics and usage statistics
• Web embedding options for created chatbots

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).

The embeddable Chat Widget, which can be integrated into Users' websites, may change in appearance, design, functionality, and behavior at any time without prior notice. 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.

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 is concluded when the User submits the registration form and expressly accepts these T&Cs during registration. The T&Cs are accessible on the website at any time and can be saved and printed by the User; they become part of the contract in the version applicable at the time the contract is concluded.

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 all claims by third parties asserted due to a breach of these obligations by the User.

6. Remuneration and Payment Terms

The Platform is offered with a Free plan and paid subscription plans (collectively, the 'Plans'). Current pricing, features, and usage limits of each Plan are published on the website (e.g., on the pricing page) and may be updated from time to time.

1. Free plan. The Free plan is available at no charge but may include feature restrictions, usage limits, and fair-use policies. 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 (e.g., monthly or annually) and renew automatically until canceled. Prices are stated exclusive of applicable taxes unless noted otherwise.
3. Billing & payments. Accepted payment methods, billing cycles, invoicing details, and any applicable refund policies are described on the pricing or checkout pages. Subscription changes (upgrade/downgrade) may be prorated where applicable.
4. Changes to Plans. The Provider may modify the features, limits, or pricing of any Plan. Material adverse changes to paid plans will be communicated in advance to the email address associated with the User's account.
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 Adjustment. The Provider is entitled to adjust the fees for paid plans at its reasonable discretion (Section 315 BGB) to offset increased costs (e.g., for server infrastructure, LLM providers, legal changes). Price increases will be announced to the User by email at least 30 days before they take effect; the increase becomes effective no earlier than the next subscription renewal. In the announcement, the User will be expressly informed of the planned increase and of their right to terminate the contract by ordinary notice before it takes effect. Towards consumers, an increase only becomes effective if the consumer expressly consents to it or continues the subscription beyond the effective date in knowledge of the increase after receiving the announcement; if the consumer terminates in time, the contract ends at the previous price as of the effective date. Towards entrepreneurs, the increase is deemed approved if the entrepreneur does not object within the announcement period; in the event of an objection, either party is entitled to terminate the contract extraordinarily as of the effective date.

If the User is a consumer, they have a statutory right of withdrawal for paid subscriptions; the details are set out in Section 13 (Right of Withdrawal for Consumers).

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, which is available at 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 until canceled. Cancellations take effect at the end of the current billing period, unless otherwise stated on the pricing or checkout pages. Any specific minimum terms, notice periods, or refund rules applicable to a paid plan will be communicated with that plan.

The right to extraordinary termination for cause remains unaffected.

Consumers can cancel paid contracts at any time via the cancellation page: Cancel contracts here

11. Data Protection and Deletion Obligations

The customer is the Controller within the meaning of Art. 4(7) GDPR for all personal data collected, stored, or processed via WebChatAgent.

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

The details of this processing on behalf of the customer pursuant to Art. 28 GDPR are governed by the separately concluded data processing agreement (DPA): 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 a deletion function in the customer account for this purpose.

WebChatAgent does not perform automatic deletion or monitoring of deletion deadlines.

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.

WebChatAgent assumes no liability for data protection violations resulting from the customer's configuration and use of the Chat Widget. The customer shall indemnify and hold WebChatAgent harmless from any and all third-party claims arising from any use of the widget that violates data protection laws.

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.

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.

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 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 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 on first demand 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. 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 separately concluded data processing agreement for white-label partners.

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. In the event of discrepancies between the language versions of this section, the German version prevails.

13. Right of Withdrawal for Consumers

The following withdrawal instructions apply to Users who are consumers within the meaning of Section 13 BGB, i.e. who conclude the contract for purposes that are predominantly outside their trade, business, or profession. Entrepreneurs have no right of withdrawal.

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.

Should individual provisions of these T&Cs be or become ineffective, the validity of the remaining provisions shall remain unaffected.