1. General Provisions
1.1 Scope
These General Terms and Conditions (“GTC”) apply to all contracts for the use of the “Voicery” platform concluded by MAWI Software Solutions | Voicery, Cosimastraße 121, 81925 Munich, Germany (hereinafter “Provider” or “we”) with entrepreneurs within the meaning of Sec. 14 German Civil Code (BGB) (hereinafter “Customer” or “User”).
The GTC also apply to future contractual relationships without the need for a renewed notice.
1.2 Subject Matter of the Contract
Voicery provides the Customer with a browser-based software solution (SaaS) for managing and controlling automated, AI-assisted communication processes (e.g., voice calls, text communication, API-based integrations). The specific scope of services results from the respective booked plan or an individual service agreement.
These GTC apply exclusively. Conflicting or deviating terms and conditions of the Customer shall not apply unless we expressly agree to their application in writing (text form suffices where expressly stated).
1.3 Amendments to the GTC
We reserve the right to amend these GTC where legitimate interests require this (e.g., changes in law, security requirements, adjustments of technical functions) and provided the Customer is not disadvantaged contrary to good faith. We will inform the Customer at least 30 days before they take effect in text form (e.g., by e-mail or in-app notice). If the Customer does not object within this period, the amendments shall be deemed approved; we will expressly point this out.
If amendments result in material disadvantages for the Customer or in price changes within a contract that renews on a rolling basis, the Customer shall have a special right of termination effective as of the amendment’s effective date. If the Customer terminates in due time, the previous provisions shall continue to apply until the termination becomes effective.
2. Conclusion of Contract and Commencement of Services
2.1 Offers and Conclusion of Contract
Our offers are non-binding unless expressly designated as binding or contain a specific acceptance period.
A contract is formed by
• the Customer’s online order of a paid plan on the platform or via an order form, and
• our express acceptance (e.g., by e-mail confirmation, system activation, or invoicing).
A contract may also be concluded by the first use of the platform if, during registration, the Customer has expressly agreed to the GTC by actively ticking a checkbox.
2.2 Commencement of Services
Following successful registration on the platform, use of the services commences immediately—depending on the booked plan—upon activation of the corresponding user account.
No separate exchange of access data or technical information with the Provider is required for this.
For paid plans, the Provider may make use subject to prior receipt of payment if expressly provided for in the ordering process. Alternatively, the Customer may be granted limited access before payment (e.g., trial or restricted use) without any entitlement to full performance arising therefrom.
3. Description of Services (SaaS Platform)
3.1 Platform Functionality
The Provider makes available the cloud-based “Voicery” Software-as-a-Service enabling automated, AI-assisted communication such as voice calls, text messages, or other interactions with end users, and their administration.
The scope of services may include in particular:
• a web interface for managing campaigns, contacts, content, and settings;
• interfaces (API) for integration with third-party software;
• AI-based speech processing or text generation;
• analytics, logs, or evaluations of performed processes.
The specific functionality depends on the booked plan and the service description valid at the time of contract conclusion.
3.2 API and Integrations
Where included in the plan, the Customer receives access to technical interfaces (API). Use of the API is at the Customer’s own risk and permitted within the documented specifications.
The Provider may further develop, modify, or reasonably restrict the API where required for system stability, security, or further development. Changes will be announced to the Customer in good time in advance unless urgent security reasons require shorter notice.
3.3 Service Specification; Fair-Use Policy
(1) The specific functional and service scope as well as technical parameters (including supported features, limits, formats) are set out in the service specification in the version/edition valid upon contract conclusion (available in the customer area).
(2) Unless otherwise specified in the plan, a Fair-Use Policy applies. We may enforce usage restrictions (e.g., concurrent connections, requests per minute/rate limits, storage and throughput limits) as documented to ensure system stability and prevent abuse. Material adjustments will be announced in due time in text form.
3.4 Availability (SLA), Maintenance, and Incidents
We provide the platform with a target availability of 99.5% per calendar month. Excluded are: (a) announced maintenance windows (max. 4 hours/month), (b) events beyond our reasonable control (e.g., outages at network/hosting/third-party providers, force majeure), and (c) contractual or non-conforming use by the Customer.
4. Customer Obligations
4.1 General Duties to Cooperate
The Customer shall provide all information required to use the platform fully and truthfully and update it without undue delay in case of changes, in particular contact details, invoicing information, and — where applicable — company details.
The Customer shall keep account credentials secure and protect them from access by third parties. Sharing credentials with unauthorised third parties is prohibited.
4.2 Technical Requirements
The Customer alone is responsible for having the technical prerequisites (e.g., stable internet connection, up-to-date browsers, API connectivity) for accessing and using the platform. Setting up or maintaining the Customer’s infrastructure is not part of the Provider’s services.
4.3 Content and Lawfulness
(1) Sole Responsibility of the Customer
The Customer is solely responsible for all content and processes entered, generated, stored, imported, exported, sent, published, or otherwise processed via the platform. This includes in particular scripts, templates, audio/voice content, transcripts, files, contact data, API outputs, and instructions/prompts for AI functions.
(2) Lawful Processing of Personal Data
The Customer ensures a valid legal basis for any processing of personal data on the platform (e.g., consent or—where permitted—legitimate interests with balancing) and fulfils all information obligations (Art. 13/14 GDPR). The Customer manages withdrawals/objections, maintains suppression lists, and documents consents in a verifiable manner.
(3) Communications, Telephony, and Recordings
For outreach (e.g., phone, voice messages, SMS/chat, e-mail) the Customer observes all unfair-competition and telecommunications rules (including the ban on unreasonable nuisance, labelling duties, opt-in/opt-out requirements). Call/voice recordings occur only where lawful; the Customer ensures a prior, clear announcement and—where required—explicit consent before recording begins. Caller ID (CLIP) must not be misleading or unlawfully withheld.
(4) Third-Party Rights / Content Compliance
The Customer warrants that their content does not infringe third-party rights (in particular copyright, neighbouring rights, trademarks, names, personality, data protection, trade secrets) and does not disseminate unlawful content. Prohibited are, inter alia, unlawful, defamatory, abusive, discriminatory, harmful-to-minors, violence-glorifying, inciting, fraudulent, or otherwise harmful content (including phishing, malware, impersonation of authorities without legal basis, or misleading deepfakes).
(5) Special Categories / Sensitive Data
The platform is not intended for processing special categories of personal data (e.g., health, biometric/genetic data, religious beliefs) or data of minors, unless the Customer has established the required legal basis and appropriate technical and organisational measures. The Customer minimises data to what is necessary and applies pseudonymisation/encryption where appropriate.
(6) Use of AI Functions
AI outputs may be erroneous. The Customer verifies accuracy and lawfulness before external use, employs an appropriate human-in-the-loop for critical processes (legal, medical, financial, or safety impacts), and refrains from uses subject to special legal approvals unless such requirements are demonstrably met.
(7) Duties; Security
The Customer implements appropriate security and validation measures, including validation of recipient data, management of opt-out/suppression lists, plausibility checks, logging/auditing of their use, and—where available—multi-layer protections for sensitive dialogues.
(8) Notice-and-Takedown; Suspension
Where we have concrete indications of legal or contractual violations by the Customer’s content or use, we may temporarily remove affected content and/or temporarily suspend functions or access as necessary and proportionate. We will inform the Customer and the Customer will cooperate in clarification. Statutory and contractual rights (in particular termination) remain unaffected.
(9) Freed-Up Provision
The provisions on indemnification remain reserved to Sec. 8.4.
4.4 Prohibited Uses
The Customer must not use the platform for (a) unlawful or unsolicited advertising/“spam” and unlawful automated mass outreach, (b) purposes contrary to law or regulatory requirements, including breaches of export-control/sanctions law, (c) impersonation of emergency services/authorities without legal basis, or (d) attempts to disrupt, manipulate, or attack the platform/networks. In case of violations, we may proportionately suspend content/accounts and/or terminate for cause; further rights remain reserved.
4.5 Duty to Mitigate in Case of Critical Content
If the Customer becomes aware of indications of erroneous, unclear, or misleading processing (e.g., due to technical misinterpretation of calls), the Customer shall promptly take reasonable measures to prevent or mitigate harm (e.g., follow-ups, callbacks, additional checks) and—where applicable—apply the mechanisms under Sec. 4.6.7.
4.6 Usage Restrictions and Special Duties
4.6.1 Ban on Cold Calling
The Customer is prohibited from using the Voicery platform—including provided phone numbers and AI-assisted call and messaging functions—for cold calling, in particular unsolicited advertising calls, automated or semi-automated mass outreach (e.g., dialers/robocalls, SMS/chat) or comparable contact without prior explicit consent or other legal permissibility. The Customer must observe opt-out/suppression lists and may not unlawfully withhold or spoof caller IDs; applicable legal requirements (including unfair-competition/telecoms rules, do-not-call/Robinson lists) must be observed.
4.6.2 Use of Provided Phone Numbers
Where the Provider supplies phone numbers to the Customer, these may be used exclusively for inbound communication. Outbound calls via such numbers are permitted only after proper registration of the number to the Customer, including submission of complete company or personal details.
4.6.3 Permitted Use of AI Services
Use of the platform’s AI features (e.g., speech processing, text generation, semantic analysis) is permitted solely for lawful purposes within ordinary business operations. Any abusive, discriminatory, or unlawful use is prohibited.
4.6.4 Responsibility for AI-Generated Content
The Customer is solely responsible vis-à-vis third parties for content generated/processed using AI and shall verify such content prior to external use.
4.6.5 Responsibility for Sensitive Data
In configuring and using the platform—particularly for security-relevant processes (e.g., requests for access credentials, personal enquiries)—the Customer shall implement appropriate protective measures such as security questions, plausibility checks, or multi-factor authentication. The Provider accepts no responsibility for damage resulting from insufficient protection of sensitive dialogues. Use of the platform as an emergency service is excluded; the Customer implements suitable abuse and verification mechanisms for safety-relevant dialogues.
4.6.6 AI Disclaimer (Beta/Probabilistic; No Professional Advice)
AI functions are probabilistic and may contain errors/hallucinations. The platform does not provide legal, medical, tax, or other professional advice.
4.6.7 Human-in-the-Loop for Critical Processes
For critical processes/decisions (in particular with legal, safety, or financial impact) the Customer shall ensure appropriate human review/approval and shall verify AI outputs prior to external use.
4.6.8 Prohibited High-Risk Uses
AI-assisted deployments in areas with heightened damage potential are prohibited, including health/diagnostics, financial/credit decisions, impersonation of authorities, biometric surveillance, or other uses subject to special statutory requirements, unless such requirements are demonstrably fulfilled.
5. Rights of Use
5.1 Licence to the Platform
For the term of the contract, the Customer is granted a simple (non-exclusive), non-transferable right to use the platform to the contractually agreed extent.
5.2 Licence to Customer Data/Content
For the contract term, the Customer grants us a simple, worldwide, royalty-free licence to host, process, reproduce, display, transmit, and have processed by sub-processors the Customer’s data and content for the purpose of performing the contract.
5.3 Aggregated/Anonymised Use
We may use anonymised or aggregated metadata (without any personal reference) for quality improvement, statistics, and platform security. Personal reference is excluded.
6. Prices and Payment Terms
6.1 Plans & Billing
Use of the platform is either
• based on a booked plan with monthly or annual billing (e.g., flat-rate or bundle model), or
• by purchasing usage units (e.g., call minutes) in advance (“pay-as-you-go”).
Current prices, services, and conditions of both models can be viewed on the website or in the customer area.
Billing is handled exclusively via the payment service provider Stripe. The Customer must provide a valid payment method during booking and authorises the Provider to collect due amounts automatically.
All prices are net plus statutory VAT. Invoices are provided in text form (e.g., by e-mail/customer area).
6.2 Due Date and Access
(1) Upon ordering a paid plan or usage bundle, the payment obligation arises. Where provided for in the ordering process, use commences only after receipt of payment; until then, a possibly offered limited/free access may be used.
(2) The Customer is provided with transparent information on price, scope, and conditions during the ordering process. Payment processing is via Stripe; the stored payment method will be charged in accordance with the booking.
6.3 Price Changes
The Provider may change prices for plans, usage units, or add-on services at any time with effect for future bookings.
Services already booked remain usable at the agreed price until the end of the billing period. Automatic renewal at the previous price is not possible where plan structures have changed; in such cases, the Customer must actively select a new plan before expiry of the current period.
Current prices and available plans are available at any time in the customer area or on the website.
6.4 Add-On Services
Services not included in the selected plan or usage package can be optionally booked by the Customer. This includes in particular
• bespoke adjustments or setup assistance;
• personal trainings or consulting;
• technical support outside regular service hours.
Remuneration for such add-on services is either
• according to a separate price list, or
• as agreed individually between the parties in advance.
There is no entitlement to add-on services unless separately commissioned by the Customer.
7. Support and Third-Party Services
7.1 Support Services
The Provider offers support by e-mail for technical questions or issues.
Support requests are generally answered on business days (Monday to Friday, excluding public holidays) within 24 to 48 hours. Support contact: support@voicery.ai
8. Liability and Warranty
8.1 General Limitation of Liability
(1) We are unlimitedly liable for intent and gross negligence, for injury to life, body, or health, under the German Product Liability Act, for fraudulent concealment, and where a guarantee has been assumed.
(2) In cases of simple negligence, we are liable only for breach of material contractual obligations (cardinal duties); in such cases liability is limited to the typical foreseeable damage, but capped at the amount of fees paid by the Customer in the 12 months preceding the damaging event.
(3) In the event of data loss, and unless unlimited liability applies under (1), we are liable only for the restoration effort that would have been incurred if the Customer had performed proper data backups.
(4) Otherwise, liability is excluded.
8.2 No Guarantee of Success
The platform is provided in line with the current state of the art. The Provider does not guarantee any particular economic success, uninterrupted availability, or error-free performance.
In particular, the Provider is not liable for disruptions, restrictions, or data losses outside its sphere of control (e.g., third-party infrastructure, the Customer’s internet connection, integrations).
8.3 Customer Content
The Customer is solely responsible for all content entered, uploaded, generated, or processed via the platform, in particular for
• the lawfulness of such content;
• obtaining any required consents;
• compliance with data-protection, trademark, copyright, or competition law.
The Provider does not conduct content review and assumes no responsibility for content processed by the Customer.
8.4 Indemnification
The Customer undertakes to indemnify the Provider from all third-party claims based on unlawful use of the platform by the Customer, in particular for
• violations of statutory duties;
• infringements of third-party rights;
• unlawful content or data-protection violations.
Indemnification also covers reasonable legal costs.
9. Data Protection and Data Processing Agreement
9.1 Data Processing by the Provider (GDPR/BDSG; Privacy Policy)
The Provider processes the Customer’s personal data in accordance with applicable data protection laws, in particular the GDPR and the BDSG. Further information is set out in the current privacy policy at: https://voicery.ai/privacy
9.2 Roles and Responsibility: Provider as Processor (Art. 28 GDPR)
Where the Customer processes personal data of third parties in the course of using the platform (e.g., voice data of end customers), the Provider acts as a processor within the meaning of Art. 28 GDPR.
9.3 Data Processing Agreement (DPA) – Incorporation and Formation
The terms of processing are set out in the data processing agreement concluded between the parties, which forms an integral part of these GTC and can be accessed at: https://voicery.ai/dpa
The DPA is concluded automatically when the Customer uses the platform to process third-party personal data—for example by booking a paid plan or add-on module.
9.4 Use of Sub-Processors
The Provider may engage subcontractors for service provision, in particular in the areas of hosting, payment processing (e.g., Stripe), e-mail delivery, and AI-assisted services (e.g., speech or text processing). An overview of the sub-processors is part of the DPA (Annex 3).
9.5 Customer Obligations toward Data Subjects (Information/Consent/AI)
The Customer is solely responsible for fulfilling data protection obligations vis-à-vis data subjects—particularly information duties under Art. 13/14 GDPR and, where applicable, obtaining consent. This applies in particular when using AI-assisted functions.
10. Term and Termination
10.1 Term
The contractual relationship begins with the successful booking of a paid plan or the Customer’s first payment via the platform.
The term depends on the selected billing period (monthly or yearly). Unless otherwise stated, the contract automatically renews for the same period unless terminated in due time.
10.2 Termination by the Customer
The Customer may terminate the contract at any time with effect at the end of the then-current billing period via the customer account or in text form. No pro-rated refunds of fees already paid are made.
For one-off purchases (e.g., minute bundles) the contract ends automatically once all units have been used or have expired.
10.3 Termination by the Provider
The Provider may terminate the contract with 14 days’ notice to the end of the current billing period.
The right to extraordinary termination for cause remains unaffected. Good cause exists in particular if
• the Customer breaches material obligations of these GTC;
• payments repeatedly fail or are declined;
• there is a substantiated suspicion of unlawful use of the platform; or
• insolvency proceedings are opened over the Customer’s assets.
10.4 Consequences of Termination
After termination, access to the platform is deactivated. The Provider is entitled to delete all customer-specific data, content, and accounts 30 days after the end of the contract unless statutory retention duties require otherwise.
It is the Customer’s responsibility to back up their data before the contract ends.
11. Confidentiality
11.1 Confidentiality Obligations of the Parties
Both parties undertake to keep all confidential information disclosed in connection with platform use or the business relationship confidential and not to disclose it to third parties without the other party’s prior written consent.
11.2 Definition of “Confidential Information”
Confidential information means all non-public information of a technical, business, or organisational nature, in particular access data, process descriptions, customer data, and content processed or stored within the platform.
11.3 Survival After Termination
The confidentiality obligations survive termination of the contractual relationship.
11.4 Exceptions and Permitted Disclosure
The confidentiality obligation does not apply to information
• already lawfully known to the receiving party;
• becoming public without breach of this agreement; or
• required to be disclosed by law or court/authority order.
12. Final Provisions
12.1 Governing Law
These GTC are governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
12.2 Place of Jurisdiction
To the extent legally permissible, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the registered seat of the Provider.
12.3 Severability
Should any provision of these GTC be wholly or partially invalid, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a valid provision shall be deemed agreed which most closely reflects the economic purpose of the invalid one.
