Terms and Conditions
Last updated: 18.04.2025
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 or Google's Gemini 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, 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 at any time. 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. The Provider is not liable for any potential interference or impairment that the Chat Widget may cause to other functions or elements of the User's website. 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.
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
Use of the Platform is currently offered free of charge. The Provider expressly reserves the right to introduce paid subscription plans or usage-based pricing models in the future.
In the event of introducing paid services:
- Users will be informed at least 30 days in advance via the email address associated with their account.
- Current free users may be offered a grandfathered plan, a free tier with limited functionality, or conversion to a paid plan.
- If paid plans are introduced, the Provider will publish pricing details on the website and may offer different tiers based on features, usage limits, or other differentiating factors.
- Payment terms, methods, billing cycles, and refund policies will be defined at the time paid services are introduced.
- Users who do not wish to continue using the Platform under the new pricing terms will have the option to export their data and close their account.
The Provider may implement reasonable usage limitations even during the free offering period to prevent abuse or excessive consumption of resources.
7. Availability and Maintenance
The Provider strives for high availability of the Platform but cannot guarantee uninterrupted availability. For the free version of the service, no specific service level agreement (SLA) applies.
If paid subscription plans are introduced in the future, specific availability commitments may be defined for each plan. Any such SLAs will be published with the introduction of the paid plans.
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, as well as for injury to life, body, and health.
In case of slightly negligent breach of essential contractual obligations, liability is limited to the contract-typical, foreseeable damage.
The Provider assumes no liability for any malfunctions, interference, or damages that may arise from the integration of the Chat Widget into the User's website. 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.
Otherwise, the Provider's liability is excluded - as far as legally permissible.
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 and can be terminated by either party at any time with a notice period of 14 days to the end of the month. For the free version of the service, the User may terminate their account at any time with immediate effect.
If paid plans are introduced, specific minimum contract terms and notice periods may apply to each plan and will be communicated when such plans are introduced.
The right to extraordinary termination for cause remains unaffected.
11. 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.