Terms and Conditions

Terms and Conditions

§1 Scope and Provider

These terms and conditions apply to the use of the Famulor platform operated by BEK Service GmbH, Westendstr. 2A, D-87439 Kempten (Allgäu) (hereinafter "Provider").

§2 Services

The Provider offers a B2B platform for AI-powered voice automation and workflow management. The specific scope of services depends on the selected plan.

§3 Registration and Account

  1. Registration requires a valid business email address and company information.
  2. You are responsible for maintaining the confidentiality of your account credentials.
  3. You must notify us immediately of any unauthorized use of your account.

§4 Usage Rights

  1. We grant you a non-exclusive, non-transferable license to use the platform.
  2. Usage is limited to your business purposes.
  3. You may not reverse engineer, decompile, or modify the platform.

§5 User Obligations and Compliance

  1. Legal Compliance: You must use the platform in compliance with applicable laws, including but not limited to:

    • Telecommunications laws and General Data Protection Regulation (GDPR) in Germany/EU
    • Telephone Consumer Protection Act (TCPA) and Telemarketing Sales Rule (TSR) in the USA (if applicable)
    • Equivalent laws in other jurisdictions regarding consumer protection, automated calls, and consent requirements

  2. Consent Requirements: You are solely responsible for:

    • Obtaining all legally required consents from your contacts
    • Providing appropriate disclosures
    • Honoring "do-not-call" requests and opt-out requests
    • Compliance with Robinson lists and similar blocking lists

  3. Content Responsibility: You are responsible for all content uploaded or processed through the platform, including call scripts and audio files.

  4. Prohibited Use: You may not use the platform for:

    • Illegal or harmful purposes
    • Harassment, fraud, or misleading communication
    • Violation of third-party rights
    • Circumventing security measures

§6 Availability and Support

  1. We strive for 99.9% availability but do not guarantee uninterrupted service.
  2. Support is provided during business hours (Monday-Friday, 9:00-18:00 CET).
  3. We may perform maintenance with reasonable notice.

§7 Fees and Payment

  1. Fees are charged according to the selected plan.
  2. Payment is due within 14 days of invoice.
  3. We may suspend services for non-payment.

§8 Data Protection

  1. Data processing is governed by our Privacy Policy.
  2. You must ensure compliance with applicable data protection laws.
  3. We process data as described in our Privacy Policy.

§9 Intellectual Property

  1. The platform and its content remain our property.
  2. You retain rights to content you create.
  3. You grant us a license to process your content for service provision.

§10 Indemnification

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

  1. Your Use of the Platform: Any use or misuse of the platform by you or anyone acting on your behalf.

  2. Breach: Any actual or alleged breach by you of these Terms.

  3. Compliance Violations: Any dispute or action arising from your alleged or actual failure to comply with applicable laws, rules, or regulations, including telecommunications laws, GDPR, TCPA, TSR, or equivalent frameworks.

  4. User Content: Any content you provide, including any claim that such content violates any law or third-party right.

  5. Third-Party Disputes: Any dispute between you and any third party (e.g., your customers, contacts, or end-users) relating to your use of the platform.

§11 Limitation of Liability

  1. Disclaimer of Warranties: The platform is provided "as is" and "as available" without any warranties of any kind.

  2. Exclusion of Damages: We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, or data.

  3. Liability Cap: Our total liability is limited to the higher of:

    • The amounts you have paid us in the last 3 months
    • €100

  4. Exceptions: These limitations do not apply to damages caused by intent or gross negligence.

§12 Term and Termination

  1. Contract Term: The contract runs for the selected term and automatically renews unless terminated.

  2. Termination by You: You may terminate your account or any paid plan according to your account settings or by contacting us at support@famulor.io.

  3. Termination by Us: We may suspend or terminate your account or access to the platform at any time, particularly for:

    • Violation of these Terms
    • Non-payment of due fees
    • Suspected illegal behavior
    • Security concerns

  4. Effects of Termination: Upon termination, all rights and licenses granted to you will cease. You remain responsible for all fees incurred prior to termination.

§13 Automated Calls and AI Platform

  1. Platform Functionality: The platform enables the creation and execution of automated, AI-powered phone calls. You acknowledge that:

    • Calls may experience delays, disruptions, or errors
    • You assume all risks associated with such communications
    • You are responsible for all call scripts and content

  2. Compliance Obligations: Famulor assumes no responsibility for your obligations under telecommunications laws. You are solely responsible for compliance with all applicable regulations.

§14 Changes to Terms

  1. We may modify these terms with 30 days' notice.
  2. Continued use constitutes acceptance of changes.
  3. You may terminate if changes are not acceptable.

§15 Governing Law

These terms are governed by German law. The exclusive place of jurisdiction is Kempten (Allgäu).

§16 Severability

If any provision is invalid, the remaining provisions remain effective. Invalid provisions will be replaced by valid provisions that come closest to the economic purpose.

§17 Contact

For questions about these terms, contact us at support@famulor.io.

Last updated: December 2024