Version 1.0
1.1 These terms govern the use of the software service "ReplyPronto" (the "Service") provided by Zack Data+AI solutions, owner Zakaria Aoune, Am See 21, 88356 Ostrach ("we").
1.2 The Service is offered exclusively to entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law ("Customer"). Contracts with consumers are excluded. By registering, the Customer confirms that it acts in a commercial or self-employed professional capacity.
1.3 Conflicting or supplementary terms of the Customer do not apply, even if we do not expressly object to them.
2.1 Depending on the plan, the Service comprises an AI website chatbot, an AI quote generator, a template library and related functions within the limits described on the pricing page at the time of booking. We provide the Service "as is", as standard software over the internet. We owe the provision of the software, not a particular economic result.
2.2 We may develop the Service further and change functions, provided the essential functions of the booked plan remain available and the change is reasonable for the Customer.
2.3 We aim for high availability but do not guarantee any particular availability. Maintenance, security updates and disruptions outside our control (e.g. failures of hosting, AI or payment providers, internet outages, attacks, force majeure) may cause interruptions. There is no service level agreement unless agreed separately in writing.
3.1 The Service uses artificial intelligence. AI output (chatbot replies, quotes, website imports, templates) is generated automatically, can be incomplete, outdated or wrong, and is not checked by us. We give no warranty and assume no guarantee for the correctness, completeness, legality or suitability of AI output for a particular purpose.
3.2 The Customer is solely responsible for (a) the information it enters into the Service, (b) reviewing every quote and every other output before using or sending it, (c) the content of its chatbot and the statements it makes to its own customers, (d) prices, taxes and contract terms it offers to third parties, and (e) regularly checking chatbot conversations.
3.3 Quotes, acceptances and other declarations made via the Service are made solely between the Customer and its clients. We are not a party to those contracts. The online acceptance function is a simple electronic acceptance record, not a qualified electronic signature.
3.4 The Service does not provide legal, tax, medical or financial advice. Templates, including legal text templates such as privacy paragraphs, are non-binding examples.
4.1 The Customer keeps its login credentials secret and is responsible for all activity under its account. We recommend activating two-factor login.
4.2 The Customer may not use the Service for unlawful purposes, to infringe third-party rights, for spam, to mislead people, or to process special categories of personal data (Art. 9 GDPR) via the chatbot.
4.3 The Customer is responsible for informing its website visitors in its own privacy policy about the use of the chatbot and for any required consents. The Customer only imports websites it is entitled to use.
4.4 The Customer regularly exports data that is important to it (e.g. leads via CSV export). We do not owe data backups for the Customer's purposes.
4.5 The Customer indemnifies us against all third-party claims, including reasonable legal defence costs, arising from content the Customer entered, from the Customer's use of AI output, or from a breach of these terms by the Customer, unless the Customer is not responsible for the breach.
5.1 The free plan is free of charge and can be changed or discontinued by us at any time with 30 days' notice. Paid plans start with a 14-day free trial, after which the monthly fee is charged in advance via Stripe. All prices are net plus statutory VAT.
5.2 Paid plans run monthly and renew automatically. The Customer can cancel at any time in the billing portal, effective at the end of the current billing period. We can cancel with 30 days' notice to the end of a billing period. The right to terminate for good cause remains unaffected.
5.3 Fees already paid are not refunded on cancellation, except where required by law. If payment fails, we may restrict the account to the free plan after a reminder.
5.4 Usage limits are hard caps. When a limit is reached, the affected function pauses until the next month or an upgrade; there are no overage fees.
5.5 We may change prices with at least 6 weeks' notice by email, effective from the next billing period. The Customer may cancel before the change takes effect.
6.1 We are liable without limitation (a) for intent and gross negligence, (b) for injury to life, body or health, (c) under the Product Liability Act, and (d) to the extent we have given a guarantee.
6.2 In cases of slight negligence, we are liable only for breaches of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the Customer may regularly rely). In this case, liability is limited to the typical damage foreseeable at the time the contract was concluded, and in total to the fees paid by the Customer in the 12 months before the damaging event, at most EUR 1,000. For the free plan, liability for slight negligence is excluded except as set out in 6.1.
6.3 Except in the cases of 6.1, we are not liable for indirect damages, lost profit, lost business, damage resulting from AI output, from data the Customer entered, or from the loss of data that the Customer could have avoided by regular backups.
6.4 Strict liability for defects that already existed at the time of contract conclusion (§ 536a (1) alt. 1 BGB) is excluded.
6.5 The above limitations also apply in favour of our legal representatives, employees and vicarious agents. Claims against us become time-barred after one year from the statutory start of the limitation period, except in the cases of 6.1.
Where we process personal data on the Customer's behalf, our data processing agreement applies and forms part of these terms. See also our privacy policy and subprocessors.
We may change these terms with 6 weeks' notice by email. If the Customer does not object in text form before the change takes effect, the changed terms apply; we will point this out in the notice. If the Customer objects, either party may cancel the contract at the time the change takes effect.
9.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
9.2 Exclusive place of jurisdiction for all disputes is our registered place of business, provided the Customer is a merchant, a legal entity under public law or has no general place of jurisdiction in Germany. We may also sue at the Customer's seat.
9.3 If a provision is invalid, the remaining provisions remain unaffected. In case of doubt the German version of these terms prevails, if one is provided.