Terms and Conditions

Last Updated: May 1, 2026

BEK Service GmbH ("Famulor," "us," "we," or "our"), a German limited liability company headquartered at Westendstr. 2A, D-87439 Kempten (Allgäu), Germany, registered with the commercial register of the Local Court (Amtsgericht) Kempten (Allgäu) under HRB 14544, VAT ID DE322920054, tax number 127/122/20552, represented by its managing director Iman Khabazi Koma ("Company" or "we"). For the purposes of personal data protection legislation, we act as the "data controller" with regard to personal data provided and processed through the website https://www.famulor.io and the B2B web application accessible at https://app.famulor.de ("Site" or "Service"). These Terms and Conditions (these "Terms") govern your use of the Service and constitute a legally binding contract between you and the Company.

By accessing or using the Service, you agree that you have read, understood, and are bound by these Terms. If you do not agree, you do not have our permission to use the Service.

B2B NOTICE: The Service is intended exclusively for use by entrepreneurs, businesses, freelancers, and legal entities (B2B). It is not intended for use by consumers in the meaning of § 13 of the German Civil Code (BGB). By using the Service, you confirm that you act in your commercial or independent professional capacity.

1. OVERVIEW

1.1 The Service

The "Service" includes all aspects of the website located at https://www.famulor.io and the B2B platform at https://app.famulor.de, including related subdomains or portals (whether publicly accessible or behind a login), as well as any features, functionality, or content provided on or through them. This includes, without limitation, our automated and AI-driven phone call platform ("Famulor Platform"), web-based dashboards, user interfaces, API endpoints, and any materials or communications you receive from Famulor in connection with those services.

1.2 Additional Terms

Your use of certain features or portions of the Service may be subject to additional guidelines, terms, or rules ("Additional Terms"), which are incorporated into these Terms by reference. If there is any conflict between these Terms and any Additional Terms, the Additional Terms will prevail unless they explicitly state otherwise.

1.3 Modifications to These Terms

We reserve the right to change these Terms on a going-forward basis with at least thirty (30) days' prior notice for material changes (e.g., by email or through the Service). If a revision materially modifies your rights or obligations, you may be required to accept the modified Terms in order to continue using the Service. Immaterial modifications are effective upon publication. By continuing to use the Service after any changes become effective, you agree to the new Terms. If you do not agree, you must discontinue your use of the Service and you have a right to terminate as set out in Section 12.

2. ELIGIBILITY

By using the Service, you represent and warrant that:

You are at least 18 years old and have full legal capacity.
You are using the Service exclusively in your capacity as an entrepreneur, freelancer, or legal entity (B2B).
You have not previously been suspended or removed from the Service.
Your registration, use of the Service, and these Terms comply with all applicable laws, rules, and regulations.
If you are using the Service on behalf of a company or organization, you have the authority to bind that entity and its affiliates to these Terms; in that case, "you" or "your" shall also refer to that entity.

3. ACCOUNTS & REGISTRATION

3.1 Account Creation

You may be required to create an account to access certain features of the Service. You agree to: (a) provide accurate and current information; (b) keep such information up to date; and (c) maintain the confidentiality of your login credentials. You are responsible for all activity that occurs under your account, whether authorized by you or not. Notify us immediately at support@famulor.io if you suspect unauthorized use.

3.2 Account Types

We may offer different subscription plans or account types, such as free trial accounts, paid business accounts, agency or white-label accounts, or other specialized access ("Paid Plans"). Any additional or different terms applicable to a specific plan will be set forth in the Additional Terms for that plan or in your individual order form.

3.3 Suspension/Termination of Account

We reserve the right to suspend, restrict, or terminate your account or access to the Service for good cause, including but not limited to violation of these Terms, non-payment, suspicious or unlawful account activity, or significant security concerns. We will give reasonable notice where commercially feasible, except in cases of urgent risk or material breach.

4. LICENSES AND INTELLECTUAL PROPERTY

4.1 Limited License

Subject to your compliance with these Terms (and any Additional Terms), Famulor grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service for your internal business purposes, strictly in accordance with the Service's documentation and features.

4.2 Restrictions

Except as expressly permitted under applicable law or by these Terms, you will not:

(a) copy, distribute, publicly display, or publicly perform any part of the Service; (b) modify, adapt, translate, or create derivative works of any part of the Service; (c) decompile, reverse-engineer, disassemble, or otherwise attempt to derive the source code of any software used to provide the Service, except to the extent expressly permitted by mandatory law (e.g., § 69e UrhG); (d) use the Service for any illegal or unauthorized purpose, or in violation of any local, state, national, or international law or regulation; (e) bypass or breach any security device, rate limit, or protection used by the Service or any part of it, including any features that enforce limitations on usage; (f) sell, rent, license, or otherwise transfer or provide access to the Service to a third party without our prior written consent (except where expressly permitted by an agency or white-label license).

4.3 Feedback

If you choose to provide any suggestions, ideas, or other feedback about the Service ("Feedback"), you agree that Famulor shall have an unrestricted, worldwide, irrevocable, perpetual, sub-licensable, and royalty-free right to use or incorporate such Feedback into any of its products or services without any obligation to you.

4.4 Ownership; Proprietary Rights

All right, title, and interest (including all intellectual property rights) in and to the Service, including any software, code, content, models, prompts, configurations, and other materials therein, is owned by Famulor or its licensors. Nothing in these Terms grants you any right, title, or interest in or to any trademarks, service marks, logos, or domain names associated with or owned by Famulor, except for the limited license expressly granted herein.

5. FAMULOR PLATFORM

5.1 Platform Functionality

The Service may include access to a specialized platform for creating, scheduling, and operating automated, artificial-intelligence-driven, or pre-recorded phone calls and voice assistants for your contacts (the "Famulor Platform"). You acknowledge and agree that:

Use at Your Own Risk: Calls, messages, or other communications facilitated by the Famulor Platform may experience delays, disruptions, errors, or quality variations. You assume the risks arising from such communications, except where these are caused by intent or gross negligence on our part.
Compliance: You are solely responsible for ensuring that your use of the Famulor Platform — including the content, recipients, and timing of your calls — complies with all applicable laws, including the German Telecommunications Act (TKG), the German Act Against Unfair Competition (UWG), the GDPR, the ePrivacy Directive, the U.S. Telephone Consumer Protection Act ("TCPA"), the Telemarketing Sales Rule ("TSR"), and equivalent regulations in other countries.
Content: You are exclusively responsible for all call scripts, prompts, audio files, voice clones, and other user-generated content you provide. You represent that you own or have all necessary rights, licenses, and consents to use such content.
AI-Generated Output: Outputs of AI models accessed through the Famulor Platform may be inaccurate, incomplete, or otherwise inappropriate for your use case. You are responsible for reviewing AI outputs before relying on them and for any decisions made on their basis.

5.2 White-Label / Agency License

If your plan permits (e.g., agency or white-label plans), Famulor may grant you a white-label or agency license, allowing you to sublicense or offer the Service under your own brand to your clients. Any such white-label or agency license is subject to these Terms and the Additional Terms specified in your subscription agreement with us. You must ensure that your clients (or sublicensees) agree to terms consistent with these Terms, including usage restrictions, indemnification obligations, and applicable-law compliance. You remain fully liable to us for any breaches of these Terms by your sublicensees.

5.3 Data Processing Addendum (DPA)

Where you process personal data of third parties through the Famulor Platform, you act as the controller and Famulor acts as the processor in the meaning of Art. 4 GDPR. The applicable Data Processing Agreement is available at https://www.famulor.io/dpa and forms an integral part of these Terms.

6. PAYMENT, FEES, AND BILLING

6.1 Subscription Plans and Fees

Certain features of the Service are only available through paid subscriptions or usage-based fees ("Paid Plans"). The applicable pricing, subscription duration, billing frequency, and other fee-related terms are set forth at the point of sale or in Additional Terms (e.g., an order form). By subscribing to a Paid Plan, you agree to pay all applicable fees, including all taxes (in particular VAT) and surcharges, in accordance with the billing terms in effect at the time the fee or charge becomes due and payable.

6.2 Payment Methods; Authorization

You must provide a valid credit card, SEPA direct debit, or other accepted payment method to pay any fees owed. By providing your payment information, you authorize us (or our payment processor) to charge your payment method for the applicable fees when due. If your payment method is declined or fails, we reserve the right to suspend or terminate access to the Paid Plan or the Service. You are responsible for keeping your payment information accurate and current.

6.3 Auto-Renewal

Unless otherwise stated in your plan, Paid Plans automatically renew at the end of the current subscription term for a renewal term of the same length (or such other length indicated in your subscription details), at the then-current fees. To avoid charges for the next renewal term, you must cancel before the end of the current subscription term in accordance with the cancellation instructions provided by the Service or in any Additional Terms. Statutory rights of termination remain unaffected.

6.4 Refunds

Except where required by mandatory statutory law or expressly stated in Additional Terms, all fees are non-refundable. This includes any fees paid in advance for the entire subscription term. If your Paid Plan is terminated for cause by us (e.g., for material breach of these Terms), no refund or credit will be issued for any unused portion of your subscription term.

6.5 Changes to Fees

Famulor reserves the right to modify the fees for its Paid Plans, with prior notice of at least thirty (30) days (e.g., by email or within the Service) in advance of any change. If you do not agree to the new fees, your sole remedy is to terminate your Paid Plan in accordance with Section 12 before the new fees take effect. Continued use of the Paid Plan after any fee change becomes effective constitutes your agreement to pay the changed amounts.

6.6 Default; Late Payment

In case of late payment, we may charge default interest at the statutory rate pursuant to § 288 BGB and reserve the right to suspend access to the Service until all overdue amounts are paid in full.

7. COMPLIANCE; USER CONTENT; CALL OUTREACH

7.1 Compliance with Laws; Outreach Obligations

You agree to comply with all applicable laws, regulations, and industry guidelines when using the Service, including the Famulor Platform. This includes, without limitation:

GDPR / ePrivacy / national data protection law (in particular for any outreach to recipients located in the EU/EEA);
German Act Against Unfair Competition (UWG) — in particular § 7 UWG regarding unsolicited advertising calls (cold-call prohibition without prior express consent for B2C, and without presumed consent for B2B);
German Telecommunications Act (TKG) and any applicable industry-specific regulations;
U.S. Telephone Consumer Protection Act (TCPA) and Telemarketing Sales Rule (TSR), if you or your organization is in the United States or if you are calling U.S. contacts;
any equivalent law in the jurisdictions where you or your called parties reside, including laws related to consumer protection, robocalls, opt-in/opt-out requirements, and artificial or pre-recorded voice messages.

You are solely responsible for: (a) obtaining any legally required consent from your contacts, including (where required) written consent for automated or pre-recorded calls; (b) providing appropriate disclosures, including AI-disclosure obligations under applicable law (e.g., the EU AI Act); (c) honoring any "do-not-call" requests, opt-outs, and Robinson-list entries; and (d) maintaining required records of consent. Famulor disclaims any responsibility for your obligations under these regulations.

7.2 User Content

Some features of the Service allow you to upload, post, or transmit content such as call scripts, audio files, prompts, contact lists, and knowledge-base content ("User Content"). You represent and warrant that you own or have the necessary rights (including any necessary consents or licenses) to submit such User Content and that doing so does not violate any laws or third-party rights. You retain ownership of your User Content. By uploading User Content, you grant Famulor a worldwide, royalty-free, non-exclusive, transferable, sub-licensable license to use, store, reproduce, transmit, process, and display the content as necessary to provide and improve the Service and to comply with legal obligations.

7.3 Prohibited Content

You will not submit content that:

(a) is unlawful, fraudulent, obscene, defamatory, threatening, harassing, hateful, or otherwise objectionable; (b) contains personal data of minors without proper parental consent, or special categories of personal data (Art. 9 GDPR) without an appropriate legal basis; (c) violates or encourages any conduct that would violate any applicable law or regulation or give rise to civil or criminal liability; (d) infringes any third-party rights, including intellectual-property, privacy, or personality rights; (e) contains viruses, malware, or other harmful code that could damage the Service or any user's device; (f) impersonates a real person without authorization, including via voice cloning or deepfakes.

Famulor reserves the right (but is not obligated) to monitor and remove or disable access to any User Content at its sole discretion, at any time and for any or no reason, without prior notice, in particular where there is a reasonable suspicion of legal violation.

8. PROHIBITED USES

Without limiting any other provision of these Terms, you agree not to:

Violate Laws: use the Service in a manner that violates any applicable law or regulation, or any third-party rights;
Bypass Security: interfere with or circumvent any security feature of the Service, including any feature that prevents or restricts copying or use of any part of the Service;
Disrupt the Service: interfere with the operation of the Service or any user's enjoyment of it, including by uploading or transmitting any viruses, adware, spyware, worms, or other malicious code;
Fraudulent Activity: impersonate any person or entity, falsely claim affiliation, or access any other user's account without permission;
High-Risk Use: use the Service in any application where failure could lead to death, personal injury, severe environmental damage, or substantial financial loss (including critical infrastructure, life-support, emergency services), unless you have a separate written agreement with us authorizing such use;
Assist or Permit Violations: encourage or enable any other person to do any of the foregoing.

9. INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Famulor, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, and agents (collectively, the "Famulor Entities") from and against any and all third-party claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your Use of the Service: any use or misuse of the Service by you or anyone acting on your behalf;
Breach: any actual or alleged breach by you of these Terms or any Additional Terms;
User Content: any content you provide, including any claim that such content violates any law or third-party right;
Compliance Violations: any dispute or action arising from your alleged or actual failure to comply with applicable laws, including UWG, TKG, GDPR, ePrivacy, TCPA, TSR, the EU AI Act, or equivalent frameworks;
Third-Party Disputes: any dispute between you and any third party (e.g., your customers, contacts, or end-users) relating to your use of or reliance on the Service.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

10. DISCLAIMERS; NO WARRANTIES

To the fullest extent permitted by mandatory law, the Service is provided on an "as is" and "as available" basis. Without limiting Section 11, Famulor makes no representations or warranties:

that the Service will be timely, uninterrupted, or error-free, or that defects will be corrected;
regarding the reliability, accuracy, completeness, or quality of any information or content provided through the Service, including AI-generated outputs;
that any calls, messages, or outreach conducted via the Famulor Platform will reach recipients, be delivered without delay or error, or be legally compliant where you have not met your own legal obligations (such as obtaining required consent);
regarding the absence of harmful components (such as viruses or malware), beyond commercially reasonable efforts;
regarding any third-party integrations, links, or external sites that may be referenced or linked within the Service.

You assume all risk for any damage that may result from your use of the Service. The above shall not limit our statutory warranty obligations, in particular under §§ 434 et seq., 535 et seq. BGB, where applicable.

11. LIMITATION OF LIABILITY

11.1 Unlimited Liability

Famulor's liability is unlimited (a) in cases of intent or gross negligence; (b) for personal injury (life, body, health); (c) under the German Product Liability Act (ProdHaftG); (d) to the extent we have given an express guarantee; and (e) for any other liability that cannot be limited or excluded under mandatory law.

11.2 Liability for Slight Negligence

For slight negligence (leichte Fahrlässigkeit), Famulor is liable only for the breach of essential contractual obligations ("cardinal duties," i.e., obligations whose fulfillment is necessary to enable the proper performance of the contract and on which the contracting party regularly relies and may rely). In such cases, our liability is limited to typical, foreseeable damages at the time of contract conclusion. Any liability beyond this is excluded.

11.3 Cap on Liability

Subject to Section 11.1, our aggregate liability for all claims arising under or in connection with these Terms or the Service per contract year is limited to the higher of (a) the amounts you have paid Famulor in the twelve (12) months prior to the event giving rise to the claim; or (b) one hundred euro (EUR 100).

11.4 Exclusion of Certain Damages

Subject to Section 11.1, in no event shall Famulor be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, business opportunities, anticipated savings, or data, whether incurred directly or indirectly.

11.5 Essential Purpose

Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages represents an agreed allocation of risk between the parties. This allocation reflects the prices charged for the Service and is an essential element of the bargain.

11.6 Liability of Employees and Vicarious Agents

The above limitations and exclusions of liability apply equally to the personal liability of our employees, representatives, organs, and vicarious agents (Erfüllungsgehilfen).

12. TERM AND TERMINATION

12.1 Term

These Terms become effective on the date you first access or use the Service (whichever occurs first) and remain in full force and effect until terminated in accordance with these Terms.

12.2 Termination by Famulor

Famulor may suspend or terminate your account or your access to all or part of the Service for cause, including, without limitation, if you violate these Terms or any applicable laws, fail to pay fees when due, or engage in conduct that we reasonably determine may harm Famulor, the Service, or our users. We will provide reasonable notice where commercially feasible.

12.3 Termination by You

If you wish to terminate your account or any Paid Plan, you may do so via your account settings or by contacting us at support@famulor.io. Unless otherwise provided in Additional Terms or required by mandatory law, no refunds (full or partial) will be issued for termination during a current subscription term.

12.4 Termination for Good Cause

Either party may terminate these Terms at any time for good cause (außerordentliche Kündigung aus wichtigem Grund) within the meaning of § 314 BGB.

12.5 Effect of Termination

Upon any termination of these Terms:

License Rights: all rights and licenses granted to you under these Terms will immediately terminate;
Outstanding Fees: you remain responsible for any unpaid fees that became due prior to the date of termination;
Data Export: you may export your User Content for a period of thirty (30) days after termination using the export functions made available by the Service; thereafter, we may delete your User Content in accordance with our retention policies and applicable law;
Survival: all provisions of these Terms which by their nature should survive termination (including ownership, warranty disclaimers, indemnities, and limitations of liability) will survive.

13. FORCE MAJEURE

Neither party will be liable for any failure or delay in performance under these Terms (other than for the payment of money) caused by events beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemics, national emergencies, labor disputes, governmental actions, regulatory changes, power outages, internet disturbances, attacks on IT infrastructure (e.g., DDoS), or acts of terrorism or war ("Force Majeure Events"). The affected party shall promptly notify the other and make reasonable efforts to minimize the impact on performance. If a Force Majeure Event continues for more than sixty (60) days, either party may terminate the affected services with written notice.

14. GOVERNING LAW & DISPUTE RESOLUTION

14.1 Governing Law

These Terms (and any dispute or claim arising out of or in connection with them, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

14.2 Jurisdiction

The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Kempten (Allgäu), Germany, provided that you are a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, or you do not have a general place of jurisdiction within Germany. Famulor remains entitled to bring proceedings against you at your general place of jurisdiction.

14.3 Online Dispute Resolution

The European Commission provides an Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. Famulor is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

15. PRIVACY & DATA PROTECTION

Your use of the Service is subject to Famulor's Privacy Policy, which explains how we collect, use, and protect personal data. BEK Service GmbH (operating the websites www.famulor.io and app.famulor.de) acts as the "data controller" for the purposes of applicable personal data protection legislation, including the GDPR and the German Federal Data Protection Act (BDSG), with regard to the personal data you provide directly. With regard to personal data that you upload, transmit, or otherwise process through the Famulor Platform regarding third parties (e.g., your contacts), Famulor acts as the data processor on your behalf, and the parties shall enter into a Data Processing Agreement in accordance with Art. 28 GDPR. By using the Service, you acknowledge that you have read and understood our Privacy Policy and our Data Processing Agreement, and that you will comply with all data-protection and privacy obligations applicable to your contact lists, call recipients, or any other personal data you submit to or process through the Service.

16. GENERAL PROVISIONS

16.1 Entire Agreement

These Terms (including all Additional Terms, the Privacy Policy, and any Data Processing Agreement) constitute the entire agreement between you and Famulor regarding the Service and supersede any prior agreements, written or oral, relating to the same subject matter.

16.2 Assignment

You may not assign or transfer these Terms or any rights or obligations herein, by operation of law or otherwise, without our prior written consent. Famulor may assign these Terms (in whole or in part) at any time without notice or consent in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Subject to this Section, these Terms will bind and inure to the benefit of each party's permitted successors and assigns.

16.3 Set-off; Right of Retention

You may only set off claims that are undisputed or have been finally adjudicated. The same applies to any right of retention, which additionally requires that your counterclaim is based on the same contractual relationship.

16.4 Relationship of the Parties

No joint venture, partnership, employment, or agency relationship exists between you and Famulor as a result of these Terms or the use of the Service. You do not have any authority to bind Famulor in any respect.

16.5 Waiver; Severability

Our failure to enforce any right or provision of these Terms does not constitute a waiver of future enforcement of that right or provision. If any portion of these Terms is held to be invalid or unenforceable, that portion will be deemed severed and the remaining portions will remain in full force and effect. The parties shall replace any invalid provision with a valid provision that comes closest to the economic intent of the invalid provision.

16.6 Notices

We may provide notices to you under these Terms by email, posting on the Service, or other reasonable means. Notices to the Company must be sent by email to support@famulor.io or by post to:

BEK Service GmbH Westendstr. 2A D-87439 Kempten (Allgäu) Germany

Commercial register: Amtsgericht Kempten (Allgäu), HRB 14544 VAT ID: DE322920054 Tax number: 127/122/20552 Managing director: Iman Khabazi Koma

Email: support@famulor.io

16.7 Headings; Interpretation

Section headings in these Terms are for convenience only and have no legal or contractual effect. Words like "including" mean "including without limitation."

16.8 Language

These Terms are made available in German and English. In case of inconsistencies between the two language versions, the German version shall prevail for customers having their seat in Germany; for all other customers, the English version shall prevail.

16.9 Contact

The Service is provided by BEK Service GmbH, operating as Famulor. You may contact us at support@famulor.io.

17. ACKNOWLEDGEMENT

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, AND YOU REPRESENT THAT YOU HAVE THE LEGAL CAPACITY AND AUTHORITY TO ENTER INTO THESE TERMS.

Last Updated: May 1, 2026