Terms and Conditions

Last updated: 2026-08-10

§ 1 Scope, parties. (1) These Terms govern contracts for the cloud-based AI customer-communication service "Hunzi" (the "Service") between Hunzi Systems GmbH, Mitterstraßweg 17, 82064 Straßlach-Dingharting, Amtsgericht München HRB 312494, VAT ID DE462819243, represented by its Managing Directors Saghar Ayyaz and M. Mousa Siddiqi ("Provider"), and the Customer. (2) The Service is offered solely to businesses (§ 14 BGB) and public-law entities; contracts with consumers (§ 13 BGB) are excluded. (3) Only these Terms apply; the Customer's deviating terms require the Provider's express written consent (§ 305(2) BGB). (4) Order of precedence: (a) individual written agreement/order confirmation, (b) service description/order form, (c) Data Processing Agreement (DPA, § 9), (d) these Terms.

§ 2 Subject matter. (1) The Provider supplies the Service as SaaS over the internet: a multi-tenant AI assistant that, on the Customer's behalf, communicates with the Customer's end-customers over the booked channels (chat widget, WhatsApp, voice/phone). (2) The concrete feature set, channels, tools (e.g. PMS/ERP integration, door unlock, booking/payment) and usage limits follow from the applicable service description/order. (3) The Provider may further develop the Service so long as the agreed core functionality is not materially reduced. (4) No result owed / no advice: the Provider owes provision of the Service, not the substantive correctness of individual AI outputs; the Customer remains responsible for the content, tools and processes it enables.

§ 3 Conclusion of contract. (1) The Service display is not a binding offer; the contract forms on order confirmation or access provisioning.

§ 4 Customer obligations. (1) The Customer is the data controller for its end-customers' content (§ 9); it properly informs its end-customers, including about voice recording, and obtains required consents. (2) It provides accurate configuration data and keeps credentials secret. (3) It will not misuse the Service, in particular not to process special categories (Art. 9 GDPR) or unlawful content. (4) It designates admin users (Keycloak SSO, MFA) and is responsible for their access.

§ 5 Availability, maintenance, support. (1) The Provider owes a Service availability of 99.5% on a monthly average, measured at the Provider's handover point (egress of the data centre/service the Provider controls), excluding the transmission paths the Customer is responsible for. The following do not count against availability: (a) announced scheduled maintenance windows, (b) force-majeure outages, (c) faults at upstream suppliers/third parties beyond the Provider's control, (d) issues caused by the Customer or its end-customers. (2) Planned maintenance is announced reasonably in advance and scheduled in low-usage windows where possible; maintenance windows are time-bounded. (3) Support is provided business days (Mon–Fri, excluding public holidays at the Provider's seat), 09:00–17:00 via email/ticket; response times follow the service description.

§ 6 Fees, payment. (1) The fee comprises a monthly base fee and a usage-based component (per channel/minute/message); the concrete amounts follow from the service description/order. Payment may be processed via the payment service provider Stripe Payments Europe, Ltd. (Ireland, EU), whose terms then apply in addition. (2) Prices are exclusive of statutory VAT. (3) Invoices are due within 14 days net; on default §§ 286, 288 BGB apply; suspension right after reasonable notice. (4) Price changes: the Provider may adjust prices at most once per year, tied to the development of specified cost elements or a recognised index; increases and decreases are passed on alike (reciprocity). Increases are capped at 5% p.a. and announced at least 6 weeks in advance in text form; if an increase exceeds this cap, the Customer has a special termination right effective on the date the increase takes effect.

§ 7 Rights of use, IP. (1) Simple, non-transferable right of use for the term. (2) Rights in the software, models, infrastructure and the "Hunzi" brand remain with the Provider/its licensors. (3) Customer data remains with the Customer/entitled parties; processing only per contract and DPA (§ 9).

§ 8 Confidentiality. (1) Confidential information is kept confidential and used only for contractual purposes. (2) Exceptions: publicly known, lawfully obtained elsewhere, independently developed, statutory disclosure. (3) Duration: 3 years after the contract ends.

§ 9 Data protection / processing. (1) Where the Provider processes the Customer's end-customers' personal data, it is the processor and the Customer the controller (Arts. 4, 28 GDPR). (2) The basis is the DPA, incorporated as an annex; in case of conflict the DPA prevails on data-protection matters. (3) Sub-processors and TOMs follow from the DPA; sub-processor changes are notified ≥ 30 days in advance.

§ 10 Warranty. (1) Rental law for temporary software provision (§§ 535 ff. BGB) applies unless otherwise stated. (2) Immaterial impairments are disregarded; defects are reported promptly and comprehensibly. (3) The no-fault liability for defects already present at contract conclusion (initial defects) under § 536a(1) alt. 1 BGB is excluded. Unaffected are liability for intent and gross negligence (incl. of representatives/vicarious agents), for injury to life, body and health, and for fraudulently concealed defects.

§ 11 Liability. (1) Unlimited for intent/gross negligence, injury to life/body/health, under the Product Liability Act, and for guarantees. (2) For simple negligence only on breach of essential (cardinal) obligations, limited to the typical, foreseeable damage. (3) Otherwise excluded. (4) For simple negligence, liability is limited in amount to the typical, foreseeable damage; total liability per incident is capped at the fees paid by the Customer in the 12 months preceding the damaging event. This cap does not apply where it would fall below the typical, foreseeable damage, and not to the cases in para. 1 (intent/gross negligence, life/body/health, Product Liability Act, guarantee). (5) Data-loss liability limited to the restoration effort under proper backups.

§ 12 Term, termination. (1) The initial term is 12 months from access provisioning, unless the order states otherwise. (2) The contract renews for successive 12-month periods unless terminated with 3 months' notice to the end of the then-current term. (3) Extraordinary termination for cause unaffected. (4) Termination requires text form. (5) Data export/erasure at contract end per the DPA; audit logs per its residual period.

§ 13 Force majeure. No liability for failures beyond reasonable control (supplier/infrastructure outages, cyber-attacks, official measures); prompt notice to the other party.

§ 14 Final provisions. (1) Law: German law, excluding the UN Sales Convention. (2) Venue: where the Customer is a merchant/public-law entity, exclusively Munich. (3) Term changes: amendments to these Terms are notified to the Customer at least 6 weeks before they take effect, in text form. Absent objection within 6 weeks of receipt, they are deemed accepted; the notice points this out separately and clearly. The Customer may terminate up to the effective date. This deemed-acceptance applies only to non-material adjustments (e.g. legal, technical, security- or operations-driven changes); changes to the core scope or the price require the Customer's express consent or follow § 6(4). (4) Assignment by the Customer only with the Provider's consent. (5) Text form for amendments. (6) Severability: if individual provisions are or become wholly or partly invalid, the remaining provisions stay effective; the statutory rule takes the place of an invalid provision (§ 306(2) BGB). No right to validity-preserving reduction of individual clauses is established hereby.