Terms of Service

1. Scope and Provider

1.1. These General Terms and Conditions ("Terms") govern the use of the web-based software-as-a-service platform "TalkCel" (the "Service"), operated by:

MEDIENSTÜRMER GbR
represented by Felix Stürmer & Florian Stocker
Würzstr. 1, 81371 München, Germany
Email: info@medienstuermer.de
VAT ID: DE316916555
(hereinafter "Provider", "we", or "us")

1.2. These Terms apply to all users of the Service, whether consumers (B2C) or entrepreneurs (B2B) within the meaning of the German Civil Code (BGB).

1.3. By creating an account or using the Service, the user ("Customer", "you") accepts these Terms. Deviating terms of the Customer are not recognized unless expressly agreed in writing.

2. Description of the Service

2.1. TalkCel is a cloud-based AI chatbot platform that provides the following core functionalities:

• AI-powered chatbot creation and management
• Integration with websites and messaging platforms
• Knowledge base management for chatbot training
• Conversation analytics and reporting
• Team collaboration features
• API access for custom integrations

2.2. The specific features and usage limits available to the Customer depend on the subscription plan selected. Details of each plan are described on the pricing page at talkcel.com/pricing and form part of these Terms.

2.3. The Provider continuously develops the Service and may modify, extend, or discontinue individual features at any time, provided that the core functionality of the subscribed plan is not materially impaired.

3. Registration and User Account

3.1. Use of the Service requires registration and creation of a user account. The Customer must provide truthful and complete information during registration.

3.2. The Customer is responsible for maintaining the confidentiality of their login credentials and for all activities that occur under their account.

3.3. The Customer must notify the Provider immediately of any unauthorized use of their account.

4. Pricing and Payment

4.1. The Service is offered in various subscription tiers, including a free tier with limited functionality. Pricing is listed on the pricing page and may be adjusted with 30 days' prior notice.

4.2. Payments are processed via Stripe (Stripe Inc., 510 Townsend Street, San Francisco, CA 94103, USA). By subscribing, the Customer agrees to Stripe's terms of service.

4.3. All prices are quoted in Euros (EUR) and are exclusive of applicable value-added tax (VAT), unless otherwise stated.

4.4. Invoices are issued monthly or annually, depending on the billing cycle selected.

5. Contract Duration and Termination

5.1. The contract begins upon successful registration and continues for the selected billing period (monthly or annually).

5.2. The contract renews automatically at the end of each billing period unless cancelled before the renewal date.

5.3. Either party may terminate the contract with 30 days' notice to the end of the current billing period.

5.4. The Provider reserves the right to terminate the contract immediately for good cause, in particular if the Customer violates these Terms.

6. Consumer Right of Withdrawal

6.1. Consumers within the European Union have the right to withdraw from this contract within 14 days without giving any reason.

6.2. To exercise the right of withdrawal, you must inform us (MEDIENSTÜRMER GbR, Würzstr. 1, 81371 München, info@medienstuermer.de) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or e-mail).

6.3. If you request that the provision of services begins during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of services already provided.

7. Availability and Service Level

7.1. The Provider endeavors to provide the Service with an availability of 99.5% on an annual average. Scheduled maintenance windows are excluded from this calculation.

7.2. The Provider does not guarantee uninterrupted or error-free operation of the Service. Temporary restrictions may occur due to maintenance, updates, or circumstances beyond the Provider's control.

8. Data Protection

8.1. The Provider processes personal data in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

8.2. Details about data processing are set out in our Privacy Policy, available at talkcel.com/privacy.

8.3. If the Customer processes personal data using the Service, a Data Processing Agreement (DPA) will be concluded as required by Art. 28 GDPR.

9. Limitation of Liability

9.1. The Provider shall be liable without limitation for damages caused intentionally or through gross negligence, as well as for damages arising from injury to life, body, or health.

9.2. For slight negligence, the Provider shall only be liable in the event of a breach of essential contractual obligations (cardinal obligations). In such cases, liability is limited to the foreseeable, typically occurring damage.

9.3. The above limitations of liability do not apply to claims under the German Product Liability Act or in cases of assumed guarantees.

10. Governing Law and Jurisdiction

10.1. These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

10.2. If the Customer is a merchant, legal entity under public law, or special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms shall be Munich, Germany.

10.3. For consumers, the statutory provisions on jurisdiction shall apply.

11. Final Provisions

11.1. Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall not be affected.

11.2. The Provider may amend these Terms with at least four weeks' notice via email. Material amendments require the Customer's express consent.