Terms of Service

§ 1 Scope

These Terms of Service (ToS) apply to all contracts between mysoftwarelab GmbH, Worms, Germany (the "Provider") and entrepreneurs within the meaning of § 14 German Civil Code (the "Customer") regarding the use of the SaaS platform anicall.io (the "Platform"). Conflicting or deviating terms of the Customer are not recognized unless the Provider expressly agrees to their validity in writing.

anicall.io is intended exclusively for entrepreneurs. Use by consumers within the meaning of § 13 German Civil Code is not permitted.

§ 2 Contract Formation and Registration

The contract is concluded through the Customer's registration on anicall.io and confirmation of the email address (double opt-in via magic link). By completing registration, the Customer accepts these ToS as well as the Privacy Policy.

The Customer is required to provide complete and truthful information during registration and to update it without delay in case of changes. Each account is personal and non-transferable.

§ 3 Scope of Services

The Provider makes available to the Customer a cloud-based platform via the internet, enabling the configuration and operation of AI-based telephone agents. The scope of services depends on the plan selected (Free, Starter, Pro, Enterprise).

The Platform brokers phone numbers via the third-party provider Twilio Inc. The Provider acts as a reseller in this respect, not as a carrier. The Provider has no direct influence on the availability and quality of phone numbers. There is no entitlement to a specific phone number.

Speech synthesis and recognition are performed by third-party providers (including ElevenLabs, OpenAI). The Provider does not owe any specific quality of AI output and is not liable for content errors in AI-generated responses.

The Provider is entitled to develop, add, or modify features of the Platform, provided that the essential contractual obligations remain unaffected.

§ 4 Availability

The Provider aims for an annual availability of the Platform of 99.0%, measured over a calendar month excluding planned maintenance windows. Planned maintenance will, where possible, be announced to the Customer 24 hours in advance.

Outages caused by circumstances outside the Provider's control (force majeure, failure of third-party services such as Twilio, ElevenLabs, Vercel, Neon) are not counted as downtime.

Enterprise customers receive an individual Service Level Agreement (SLA) on request.

§ 5 Prices, Billing, and Payment

The currently valid prices can be viewed on the pricing page of anicall.io. All prices are exclusive of applicable VAT.

Included minutes: Each plan includes a monthly allowance of call minutes. Unused minutes expire at the end of the billing period and are not carried over to the following month.

Overage minutes: Call minutes exceeding the included allowance are billed at the per-minute price applicable to the respective plan and invoiced with the next regular invoice.

Phone numbers: Each plan includes a defined number of phone numbers. Additional numbers are billed at €5.00 net per number per month.

Billing is done monthly or annually in advance by credit card via Stripe. In the case of annual billing, the total amount is due at the beginning of the term. The Customer authorizes the Provider to automatically charge outstanding amounts to the stored payment method. In the event of a failed charge, the Provider is entitled to suspend access to the Platform.

§ 6 Term and Termination

Monthly subscriptions run for one month and renew automatically unless terminated by the end of the current billing period. Annual subscriptions run for twelve months and renew automatically for another year unless terminated with 30 days' notice before the end of the term.

Termination is performed by the Customer independently via the Stripe customer portal or by email to info@anicall.io. Payments already made will not be refunded unless the Provider is responsible for the breach of duty.

The right to extraordinary termination for good cause remains unaffected. Good cause for the Provider exists in particular if the Customer violates § 7 (Obligations of Use).

After the contract ends, the Customer's data is retained for 30 days and subsequently deleted irretrievably, unless statutory retention obligations conflict.

§ 7 Customer Obligations and Prohibited Uses

The Customer is solely responsible for all content configured or transmitted via the Platform, as well as for compliance with all applicable laws.

The Customer is specifically prohibited from:

• making calls without the explicit consent of the called party, where required by law (in particular under UWG, GDPR, TTDSG);
• using the Platform for robocalls, spam, phishing, fraud, extortion, or other illegal purposes;
• using misleading or false identities on calls or engaging in caller-ID spoofing;
• harassing, intimidating, or harming call recipients;
• using the Platform in a way that places excessive load on the infrastructure of the Provider or third-party providers;
• using third-party credentials or granting unauthorized third parties access to the Platform;
• using the Platform for purposes that violate telecommunications law, data protection law, or other statutory provisions.

The Customer shall indemnify the Provider against any third-party claims arising from the Customer's breach of contract or unlawful use of the Platform. This includes the assumption of reasonable legal defense costs.

In the event of reasonable suspicion of abuse, the Provider is entitled to suspend access to the Platform immediately and without prior notice and to deactivate rented phone numbers at Twilio. The obligation to pay ongoing fees remains in effect during a suspension.

§ 8 Data Protection and Call Recording

The processing of personal data is carried out in accordance with the Privacy Policy of anicall.io and the applicable data protection regulations (in particular GDPR).

The Customer is the controller within the meaning of the GDPR for the conversation data and recordings processed via the Platform. The Customer must ensure that call recipients are informed about the recording and — where required — have given their consent.

Insofar as the Provider processes personal data on behalf of the Customer, the parties enter into a Data Processing Agreement (DPA) pursuant to Art. 28 GDPR. The DPA is available at info@anicall.io.

§ 9 Liability

The Provider is liable without limitation for damages resulting from injury to life, body, or health, and for damages based on intent or gross negligence.

In the case of slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the typical, foreseeable damage, but no more than the payments made by the Customer in the relevant month.

Otherwise, liability for slight negligence is excluded. The Provider is not liable for indirect damages, lost profits, missed savings, or damages from third-party claims.

The Provider is not liable for the content, availability, or quality of phone numbers and connection services provided by Twilio, nor for the AI services provided by ElevenLabs, OpenAI, and other third-party providers.

§ 10 Intellectual Property

All rights to the Platform, in particular copyrights, trademark rights, and other protective rights, remain with the Provider. The Customer receives a simple, non-transferable right of use to the Platform for the duration of the contract.

The Customer grants the Provider a non-exclusive, worldwide, royalty-free right to process and store the content provided by the Customer (system prompts, configurations) exclusively for the operation of the Platform.

§ 11 Changes to the ToS

The Provider is entitled to amend these ToS with a notice period of at least 30 days. Changes will be communicated to the Customer by email to the registered address. If the Customer does not object to the change within 30 days of receipt of notice, the new ToS are deemed accepted. The Provider will expressly inform the Customer of this right of objection and the consequences of silence in the change notice.

In the event of timely objection, the Provider is entitled to terminate the contract ordinarily at the time the new ToS take effect.

§ 12 Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for all disputes arising out of or in connection with this contract is, to the extent that the Customer is a merchant, legal entity under public law, or special fund under public law, the seat of the Provider.

Should individual provisions of these ToS be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provision.

Side agreements require written form. This also applies to waiving the written form requirement.

Provider: mysoftwarelab GmbH · Am See 22 · 67547 Worms, Germany
Email: info@anicall.io · Phone: +49 (0)6241-984 300 0