As of April 2024
Please note: This is a courtesy translation. Only the German version is legally binding. In case of any discrepancy, the German text prevails. Read the German version.
General Terms and Conditions of Thetaris GmbH for chatbot services
§1 Scope
(1) These General Terms and Conditions (GTC) apply to all contracts for the supply of chatbot services concluded between Thetaris GmbH (hereinafter “Provider”) and the customer. This may concern both public websites and the customer’s intranet.
(2) Deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.
§2 Description of services
(1) The Provider creates and maintains chatbots according to the customer’s specific requirements. This service comprises the development, implementation and maintenance of the chatbot and, depending on the chosen plan, optionally the hosting.
(2) Hosting options comprise hosting by the Provider, by a third party, or by the customer.
§3 Remuneration
(1) Remuneration for the Provider’s services consists of two parts: a fixed price for implementing the chatbot and a monthly fee for maintenance and, optionally, hosting.
(2) The monthly fee covers maintenance of the chatbot, upkeep of its content and, where applicable, hosting.
(3) The amount of the remuneration follows from the contract concluded between the customer and the Provider.
§4 Payment terms
(1) Payment is made, at the customer’s choice, by bank transfer against an invoice with a payment term of 30 days, by Stripe SEPA direct debit, or by Stripe credit card.
(2) Not all payment options are available in all plans. The available payment methods are set out in the contract.
§5 Service level and compensation for downtime
(1) The Provider guarantees a daily service level of 95%. Should the chatbot be unavailable for more than one hour on any given day, the customer shall be reimbursed 1/30 of the monthly maintenance fee for that month.
(2) Claims for downtime compensation must be submitted to the Provider in writing within 14 days of the outage.
§6 Liability
(1) The Provider is liable within the scope of statutory provisions for intent and gross negligence. For slight negligence, the Provider is liable only in the event of a breach of a material contractual obligation (cardinal obligation).
(2) Liability for damages caused by failure of the service is limited to the maintenance fee paid for the month in question.
§7 Final provisions
(1) Amendments and supplements to this contract must be made in writing. This also applies to any waiver of this written-form requirement.
(2) Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a rule that comes closest to the purpose of the original provision.
(3) This contract is governed exclusively by the law of the Federal Republic of Germany. The place of jurisdiction is the registered office of the Provider.