Terms and Conditions for the AI Phone Secretary Calligator

§ 1 General Provisions

(1) These Terms and Conditions govern the booking and use of the phone secretary Calligator provided by TCdial GmbH, Maybachstr. 3; 51381 Leverkusen, Germany (hereinafter "TCdial"). For better readability, "User" refers to male, female and diverse persons as well as companies. ​

(2) Deviating provisions of the User shall not apply unless TCdial has confirmed this in writing. Individual agreements between TCdial and Users shall always take precedence. ​

(3) The contract language is German. The authoritative text is that drafted in the German language. Texts in other languages are for informational purposes only.

(4) The legal relationships between TCdial and Users are governed by the laws of the Federal Republic of Germany.

(5) The User can retrieve, save and print these Terms and Conditions. Furthermore, the contract text will be stored by TCdial in the relevant User account after conclusion of the contract. ​

(6) The place of jurisdiction is Leverkusen, insofar as the User is a merchant or a legal entity under public law or special fund under public law. The same applies if a User does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is filed.

§ 2 Services Provided by TCdial

(1) Calligator is an artificially intelligent phone secretary. Calligator is a Software as a Service solution that is made available to the User via the Internet.

(2) Calligator receives telephone calls on behalf of the User and performs the assistance activities described in the service description, in accordance with the settings and inputs made by the User. ​

(3) The operation of Calligator requires the system prerequisites described in the service description.

(4) TCdial expressly points out that the User is solely responsible for the configuration of Calligator, the inputs and the required system prerequisites. TCdial also does not review the settings and inputs made by the User. ​

(5) After conclusion of the contract, TCdial provides the User with a system-generated telephone number that the User can use for call forwarding and exclusively for using Calligator. In addition, after conclusion of the contract, the User can configure Calligator according to their needs. ​

(6) The User can be assigned a local area network number. To do so, they must upload their business license and a valid identity card and/or passport to their User account.

§ 3 Prerequisites for Using Calligator

(1) Any natural or legal person engaged in commercial activity is entitled to use Calligator. ​

(2) Natural persons must be of legal age and have legal capacity if they wish to book Calligator. ​

§ 4 Booking the Calligator Service

(1) If the User wishes to use Calligator's service, they must book an appropriate service package on app.calligator.ai, providing their name and/or company name, VAT identification number, email address and the address of their business location.

(2) Subject to § 4 para. 3, the fee-based usage contract on app.calligator.ai is concluded by clicking the "Order with costs" button. ​

(3) If the service package booked by the User provides for a trial period, the use of Calligator is free of charge for the relevant period, provided that the User in question is booking the service package for the first time. If the User does not cancel the booked service package before the end of the trial period, the usage contract becomes fee-based with effect for the future. ​

(4) Until completion of the registration and booking process, a User can correct their entries using the usual keyboard and mouse functions directly in the corresponding input fields. Communication between TCdial and the User takes place via the specified email address. ​

(5) The User also has the option of requesting the booking of Calligator from TCdial by email. After receiving such a request, TCdial will make a separate offer to the User by email. A contract is only concluded when the User accepts this offer.

§ 5 User Obligations, Indemnification for Violations

(1) Any information provided by the User is generally not reviewed by TCdial. However, should TCdial become aware that a User is violating these Terms of Use or legal provisions, the unlawful content will be removed immediately or access to it will be blocked. ​

(2) The User will only use the system-generated numbers provided to them for internal forwarding. They will not use the number externally.

(3) When using Calligator, Users may only technically set up such telephone numbers from which calls are forwarded to a destination number provided by TCdial, which the User is authorized to use.

(4) Responsibility for the lawful use and transmission of these telephone numbers, particularly with regard to § 120 TKG (German Telecommunications Act), lies with the User.

(5) The User assures that their information when setting up Calligator is truthful. ​

(6) The User may not use Calligator to:

Conduct activities that are directly or indirectly unlawful, harmful, immoral, threatening, harassing, dishonest, invading the privacy of others, abhorrent or racist, sexually or ethically offensive or otherwise injurious, ​

Conduct activities that violate or may violate the rights of third parties,

Transmit any content to third parties to which the User has no rights,

Enter unsubstantial, irrelevant, misleading and intentionally untrue and false information into the system,

Intentionally conduct activities that deliberately lead to system disruptions.

Furthermore, the User undertakes to refrain from:

Impersonating another person or legal entity, ​

Intentionally providing false information.

(7) Users may not use any mechanisms, software or other scripts in connection with the use of Calligator that could disrupt the functioning of Calligator. ​

(8) Furthermore, the User will:

Not disclose any access data possibly provided by TCdial to unauthorized third parties,

Immediately report any recognized errors or malfunctions of Calligator to TCdial,

Inform TCdial of company name changes, name changes, changes in legal form, relocation of registered office and/or changes to contact details.

(9) Each User is obligated, unless they are not at fault, at their own expense to indemnify, hold harmless and defend TCdial against all claims, lawsuits or proceedings by third parties against TCdial or its legal representatives or vicarious agents, as well as against all associated obligations, damages, settlements, penalties, fines, costs or expenses (including, among others, reasonable attorney's and other negotiation costs) that arise for TCdial or its legal representatives or vicarious agents due to or in connection with a User's violation of these Terms of Use or applicable laws, regulations or requirements in connection with the use of the platform. In such a case, TCdial will inform the User in writing of such claims, lawsuits or proceedings. The User must, to the extent possible, participate in the defense against all claims. ​

§ 6 Special Conditions for AI-Supported Use of Calligator

(1) TCdial uses software based on artificial intelligence for communication with Calligator (hereinafter referred to as "Output"). ​

(2) Calligator generates Output using generative artificial intelligence based on statistical probability models that have been trained on extensive training data. Due to this method of operation, it cannot be ruled out that the generated Output may be contentious in terms of content or ethics, incomplete, misleading or distorted. In particular, there is a risk of so-called "hallucinations" – meaning Output that sounds plausible or convincing but is in fact false or irrelevant. The Output provided by Calligator depends significantly on User inputs and is not necessarily repeatable; even with identical inputs, different results may arise. The User is aware of these circumstances. ​

(3) The User undertakes to use Calligator in accordance with the law, in particular to comply with Regulations (EU) 2024/1689 and (EU) 2016/679 (GDPR). The User will in particular: ​

Inform the data subjects that they are interacting with an AI system when making telephone calls with Calligator, ​

Obtain the consent of the data subjects for recording the conversation, if the User has selected the option for recording conversations when setting up Calligator.

TCdial provides an appropriate technical setting for this purpose when setting up Calligator.

(4) Without prior consent from TCdial, the User is not permitted to use Calligator as a high-risk AI system.

(5) The User guarantees that they are entitled to use all content that they transmit for setting up Calligator. TCdial does not review the legality or admissibility of the content entered by the User, and this is neither technically implemented nor part of TCdial's service. ​

(6) Setting up Calligator is reserved exclusively for natural persons. In particular, the use of automated IT applications or other technologies that simulate or replace the use of Calligator by a natural person is prohibited.

(7) The User is prohibited from manipulating or attempting to manipulate Calligator in order to achieve functions other than intended and/or to obtain information that is not required for the intended use of Calligator. Prohibited actions include in particular: ​

Targeted design of inputs to generate undesirable, harmful Output,

Attempts to cause Calligator to make incorrect decisions through bypass or deception techniques,

Measures to analyze or replicate the underlying model, such as through extensive or systematic queries for the purpose of imitating system behavior,

Analysis of the structure or functionality of Calligator to identify vulnerabilities with the aim of obtaining confidential information or provoking erroneous outputs,

Attacks to reconstruct training data or individual data points.

(8) Furthermore, the behavioral obligations set out in § 5 of these Conditions apply. ​

§ 7 Availability of Calligator

(1) TCdial guarantees a total availability of Calligator of at least 99.5% per month at the transfer point. The transfer point is the router output of TCdial's data center. ​

(2) Availability means the User's ability to use all main functions of Calligator. Maintenance times as well as times of disruption in compliance with the remediation time are considered times of availability of Calligator. Times of insignificant disruptions are not taken into account when calculating availability. TCdial's measuring instruments in the data center are authoritative for proving availability. ​

§ 8 Liability of TCdial

(1) TCdial is liable without limitation insofar as the cause of damage is based on intent or gross negligence. TCdial is also liable for slightly negligent breach of essential obligations (obligations whose breach endangers the achievement of the contract purpose) as well as for breach of cardinal obligations (obligations whose fulfillment enables the proper performance of the contract in the first place and on whose compliance the customer regularly relies), but in each case only for the foreseeable, contract-typical damage. TCdial is not liable for slightly negligent breach of obligations other than those mentioned above. ​

(2) The liability limitations of the preceding paragraph do not apply to injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. ​

(3) If TCdial's liability is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents. ​

§ 9 Remuneration Conditions and Billing

(1) The User pays the agreed remuneration for the use of Calligator.

(2) Depending on the booked service package, the parties agree on:

The fee for providing the call or forwarding number(s) and either

A monthly flat-rate fee, which includes the time scope per month specified in the relevant service package, or

A usage-based fee.

(3) If the use of Calligator with a flat-rate service package exceeds the agreed time scope per month, the excess time scope will be billed on a usage basis. ​

(4) One billing cycle is one month from the conclusion of the contract. Unused time scope is not carried over to the next month but expires at the end of the respective billing cycle. ​

(5) For the calculation of fees, each started minute of conversation in which Calligator is connected to a participant via the telephone number provided to the User is relevant.

(6) TCdial logs the connection data for billing purposes, i.e., date and times of connection as well as destination number, and provides the User with a corresponding overview with each invoice. ​

(7) Invoicing is done monthly. The invoice is due for payment within 7 calendar days. TCdial reserves the right to issue interim invoices. ​

(8) The agreed prices apply. All prices include statutory value-added tax. ​

(9) The User has the payment methods PayPal, credit card and direct debit available. ​

§ 10 Contract Duration and Termination

(1) The contract duration depends on the agreed service package. ​

(2) Contracts with a fixed term of 12 or 24 months are automatically extended by the agreed term unless they are terminated by either party with one month's notice before the end of the respective contract term. The above provision applies accordingly to each further extension period. ​

(3) In other cases, the contract is concluded for an indefinite period and can be terminated by either party with one month's notice to the end of the billing cycle. ​

(4) The right to terminate for good cause remains unaffected for both parties. Good cause exists for TCdial in particular if the User seriously or repeatedly violates essential contractual obligations and does not remedy this violation despite a warning with an appropriate deadline. In the event of payment arrears of more than two months, TCdial can also terminate without notice. For the User, good cause exists in particular if the platform is not usable in accordance with the contract for a considerable period of time and TCdial allows a reasonable grace period set by the User to expire, or if insolvency proceedings are opened against TCdial. ​

(5) Termination must be in text form. ​

§ 11 Data Protection

The collection, processing and use of Users' personal data by TCdial takes place in compliance with applicable data protection regulations and in accordance with our Privacy Policy.