Terms of Service

1. Definitions

• "Empfio", "we", "us", "our" refers to [Company Name], a company registered in Germany.
• "Platform" refers to the Empfio website, dashboard, mobile applications, API, and all related services.
• "User", "you", "your" refers to any individual or business entity that creates an account or uses the Platform.
• "Customer" refers to end-users who interact with your business through our AI channels (WhatsApp, SMS, web chat, voice, Telegram).
• "Content" refers to any data, text, messages, or information submitted to or generated through the Platform.

2. Account Registration

You must provide accurate and complete information when creating an account. You are responsible for maintaining the security of your account credentials.

You must be at least 18 years old and have the legal authority to bind the business entity you represent.

One account per business entity. You may not create multiple accounts to circumvent usage limits or pricing tiers.

3. Free Trial and Subscription

New accounts receive a 7-day free trial with full access to all features. No credit card is required to start the trial.

After the trial period, you must subscribe to a paid plan to continue using the Platform. Subscription fees are billed monthly or annually, as selected at checkout.

All prices are in EUR and exclude applicable VAT. VAT is calculated based on your location and business status.

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.

4. Acceptable Use

You agree not to use the Platform to:

• Send unsolicited messages (spam) to individuals who have not contacted your business
• Collect personal data of Customers for purposes other than appointment booking and business communication
• Violate any applicable laws or regulations, including data protection laws
• Attempt to reverse-engineer, decompile, or gain unauthorized access to the Platform
• Use the AI features to generate harmful, discriminatory, or misleading content
• Resell, sublicense, or provide access to the Platform to third parties without our written consent

We reserve the right to suspend or terminate accounts that violate these rules, with or without notice.

5. AI Services and Limitations

Our AI assistant handles conversations and books appointments on your behalf. While we strive for accuracy, AI responses may occasionally contain errors or misunderstandings.

You are ultimately responsible for the appointments booked through your account and for reviewing conversation logs regularly.

We do not guarantee that the AI will correctly understand every customer request or that every booking will be error-free. We recommend reviewing important bookings.

6. Data Ownership

You retain ownership of all business data, customer information, and content you submit to the Platform.

You grant Empfio a limited license to process your data solely to provide and improve our services.

Conversation data between the AI and your customers is owned by you. We do not use your customer conversations to train AI models.

7. Data Protection

We process personal data in accordance with the General Data Protection Regulation (GDPR) and our Privacy Policy.

As the data controller for your business data, you are responsible for ensuring that your use of the Platform complies with applicable data protection laws, including obtaining necessary consents from your Customers.

We act as a data processor for Customer data processed through our channels. Our Data Processing Agreement (DPA) is available upon request.

8. Service Availability

We aim to maintain 99.9% uptime for the Platform. However, we do not guarantee uninterrupted access and are not liable for downtime caused by maintenance, third-party outages, or force majeure events.

We may perform scheduled maintenance with advance notice. Emergency maintenance may be performed without prior notice when necessary to protect the Platform.

9. Limitation of Liability

To the maximum extent permitted by law, Empfio shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

Our total liability for any claim arising from these Terms or your use of the Platform shall not exceed the amount you paid to Empfio in the 12 months preceding the claim.

These limitations apply regardless of the legal theory on which the claim is based.

10. Intellectual Property

The Empfio name, logo, and all related trademarks, designs, and content on the Platform are owned by Empfio and protected by intellectual property laws.

You may not use our trademarks, logos, or branding without prior written consent.

11. Termination

You may close your account at any time through your dashboard settings or by contacting us.

We may suspend or terminate your account immediately if you breach these Terms, engage in fraudulent activity, or fail to pay subscription fees after reasonable notice.

Upon termination, your access to the Platform ceases. Your data will be deleted within 30 days, except where retention is required by law.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email at least 30 days before they take effect. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

13. Governing Law and Disputes

These Terms are governed by the laws of the Federal Republic of Germany.

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in [City], Germany.

For EU consumers: You may also use the European Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

14. Contact