Terms of Service

1. Scope

These terms govern the use of OpenAlice Embed and the related dashboards ("the Service") between OpenAlice Laboratories (see Impressum) and the business customer ("you"). The Service is offered to businesses; by signing up you confirm you act in a commercial capacity, not as a consumer.

2. The Service

OpenAlice Embed provides an AI brand representative ("Lily") that you embed on your website: she answers visitors by text or voice, in six languages, captures leads you configure, books demos, and hands conversations to your team the moment it matters. You configure persona, knowledge, languages, retention and escalation in the dashboard. A live demo is available before any purchase — try it first; there is no free tier.

3. Plans, metering & the no-surprise rule

• Subscription plans are published on the pricing page (from €49/month). Prices exclude VAT.
• Usage beyond plan quotas is metered at the published pay-as-you-go rates (currently €0.03 per conversation, €0.12 per voice-minute).
• Hard caps: every plan carries a spending cap. When the cap is reached the widget degrades gracefully instead of billing on — no surprise bills, by design.
• Billing runs through Mollie. Invoices are due on receipt; subscriptions renew monthly and can be cancelled anytime, effective at the end of the billing period.

4. Your obligations

• Tell your visitors they are talking to an AI where the law requires it — the widget's built-in AI label must not be removed or obscured (see the AI disclosure).
• Only upload knowledge-base content you have the rights to use.
• Do not use the Service for unlawful content, spam, harassment, or to give regulated advice (medical, legal, financial) without appropriate human oversight and disclaimers.
• Where visitors' personal data is processed through your widget, you are the controller; conclude the DPA with us and maintain your own privacy notice.

5. AI output — honest limits

Lily is grounded in your knowledge base and instructed to escalate rather than invent. Nevertheless, AI output can be wrong, incomplete, or unexpected. You review and remain responsible for how AI answers are used in your business. We do not warrant that any particular answer is accurate, and Lily's answers are not our professional advice.

6. Availability

We operate the Service with commercially reasonable care, monitoring and redundancy, targeting high availability but without a guaranteed SLA on self-serve plans. Planned maintenance is announced in advance where feasible. Enterprise SLAs are available by separate agreement.

7. Intellectual property

The Service, including Lily's design and software, remains ours. Your content (knowledge bases, brand assets, transcripts of your widget's conversations) remains yours; you grant us the licence needed to operate the Service. We do not use your content to train foundation models.

8. Liability

We are liable without limit for intent, gross negligence, injury to life, body or health, and under mandatory law (including the German Product Liability Act). For simple negligence we are liable only for breach of essential contractual duties (Kardinalpflichten), limited to the damage typical and foreseeable for this kind of contract, capped at the fees you paid in the twelve months before the event. We are not liable for indirect damages, lost profits or data loss you could have prevented with reasonable backups, to the extent permitted by law.

9. Termination

You may cancel anytime, effective end of the billing period. We may suspend or terminate for material breach (including § 4 violations) after notice where the breach is curable. On termination you can export your data; thereafter it is deleted per the DPA and our retention rules.

10. Changes to these terms

We may update these terms for good cause (new features, legal changes). We announce material changes at least 30 days in advance; if you object, you may terminate before they take effect.

11. Governing law & venue

German law applies, excluding the CISG. Venue for merchants is the seat of OpenAlice Laboratories. Mandatory consumer law remains unaffected where it applies despite § 1.