Terms and Conditions

This is a convenience translation. Only the German version is legally binding. German version

1. Scope

1.1 These General Terms and Conditions (Allgemeine Geschäftsbedingungen, AGB) apply to all contracts between Innovationlab GmbH (hereinafter the “Provider”) and its customers concerning the use of the AI-powered phone assistants provided as software as a service (SaaS).

1.2 Deviating terms of the Customer do not apply unless the Provider expressly agrees to them in writing.

2. Subject Matter of the Contract

2.1 The scope of services comprises the provision of an AI-powered phone assistant solution with the following functions: (a) automated call answering, (b) processing of voice commands, (c) integration with third-party software […]. A detailed description of the functions is available at callana.ai.

2.2 The exact scope of services depends on the plan selected by the Customer. The available plans and their functions are listed in the respective product description on the website callana.ai. The product description valid at the time the contract is concluded becomes part of this contract.

3. Conclusion of Contract and Use of the Platform

3.1 Registration and Account Creation

(1) To use the AI phone assistants provided by Callana.ai, the Customer must create a user account.
(2) Registration takes place via the website www.callana.ai, with the Customer providing the required information (including name, email address and phone number).
(3) After submitting the registration, the Customer receives a confirmation email with a link to verify the account. The contract is concluded only when the Customer clicks the confirmation link.

3.2 Selection and Configuration of the AI Phone Assistant

(1) After successful registration, the Customer can obtain a dedicated AI phone number via the platform and configure the phone assistant.
(2) The Customer specifies which tasks and processes the AI is to handle and, where applicable, provides company-specific information.
(3) The Customer can select a voice to adapt the AI assistant to the company’s image.
(4) The Customer has the option of activating integrations with existing systems (e.g., CRM or appointment calendar).

3.3 Test Phase and Activation

(1) Before final activation, the Customer receives a test call from their AI phone assistant in order to check how it works.
(2) During the test phase, the Customer can make adjustments to the settings and processes.
(3) After a successful test, the Customer can activate the AI assistant permanently.

3.4 Contractual Commitment and Payment

(1) Before activating the AI phone assistant, the Customer must accept the Terms and Conditions and the Privacy Policy.
(2) The Customer selects a paid plan and provides the required payment information.
(3) Upon confirmation of the payment information and activation of the AI assistant, a legally binding contract is concluded between Callana.ai and the Customer.
(4) The Customer receives a confirmation email with an overview of the contract terms and payment details.

3.5 Changes to the Scope of Services

(1) Callana.ai reserves the right to further develop and improve the scope of services of the platform. Material changes affecting the Customer will be communicated to the Customer in good time.
(2) If the Customer does not agree with material changes, the Customer may terminate the contract for cause (§ 8 of these Terms and Conditions).

4. Prices and Terms of Payment

4.1 Paid Use and Plans

(1) Use of the AI phone assistants provided by Callana.ai is subject to a charge unless expressly stated otherwise (e.g., as part of a free trial period).
(2) The Customer can choose between different plans with different scopes of services. The current plans are available on the website www.callana.ai.
(3) The prices and plan conditions valid at the time the contract is concluded become part of the contract.

4.2 Prices and Billing

(1) All prices are in euros and are exclusive of the applicable statutory VAT.
(2) Billing generally takes place monthly or annually, depending on the selected plan.
(3) Certain additional services or usage-based fees (e.g., per call minute) may be billed separately. These will be displayed transparently to the Customer before they are used.

4.3 Payment Methods and Due Date

(1) Payment is made using one of the payment methods offered by the Provider, including in particular:

• Credit card (Visa, Mastercard, American Express)
• SEPA direct debit
• Other electronic payment methods stated on the website (2) The first payment is due immediately after the contract is concluded. Subsequent payments are made automatically according to the selected billing period. (3) The Customer must ensure that the stored payment method is valid and has sufficient funds.

4.4 Late Payment and Suspension of the Service

(1) If the Customer is in default of payment, the Customer will receive a payment reminder by email. If payment is not received within 14 days, Callana.ai reserves the right to temporarily block access to the AI phone assistant.
(2) If the default of payment continues for more than 30 days, Callana.ai may terminate the contract for cause. Further claims, in particular for default interest and dunning fees, remain unaffected.

5. Rights of Use and Restrictions

5.1 Grant of Rights of Use

(1) The Provider grants the Customer a non-exclusive, non-transferable, non-sublicensable right to use the software during the term of the contract to the extent provided for in the contract.
(2) This right of use applies exclusively to the Customer’s own business operations. Use on behalf of third parties or passing on the software for a fee is not permitted unless expressly agreed in writing.

5.2 Restrictions on Use

(1) The Customer may not modify, decompile, reverse engineer or otherwise alter the software unless this is expressly permitted by mandatory law.
(2) Reproduction, distribution or making the software publicly available, in whole or in part, is not permitted.
(3) Using the software in a manner that violates applicable laws or the rights of third parties (e.g., data protection law, competition law) is prohibited.
(4) Callana.ai reserves the right to block access to the software or terminate the contract without notice if the Customer violates these provisions.

6. Liability and Warranty

6.1 Liability of the Provider

(1) The Provider is liable for damage suffered by the Customer only in cases of intent or gross negligence.
(2) In cases of slight negligence, the Provider is liable only for damage resulting from the breach of essential contractual obligations (cardinal obligations), and only up to the foreseeable damage typical for this type of contract.
(3) Liability for lost profits, indirect damage or consequential damage is excluded to the extent permitted by law.

6.2 Warranty and Availability

(1) The software is provided “as is”. The Provider gives no guarantee of error-free or uninterrupted use of the software.
(2) Technical limitations or maintenance work may temporarily impair availability. Planned maintenance will be announced to the Customer in advance where possible.
(3) The Provider is not responsible for disruptions caused by third parties (e.g., hosting providers, telecommunications providers).

6.3 Disclaimer for Customer Data and External Content

(1) Callana.ai accepts no liability for content that the Customer processes or publishes via the software. The Customer bears sole responsibility for such content.
(2) The Provider is liable for data loss only if it was caused by intentional or grossly negligent breaches of data backup obligations.

7. Data Protection

7.1 Processing of Personal Data

(1) Personal data is processed exclusively in accordance with the General Data Protection Regulation (GDPR) and national data protection laws.
(2) Details on the processing of personal data are set out in the Callana.ai Privacy Policy.

7.2 Obligation to Ensure Data Security

(1) The Provider undertakes to implement technical and organizational measures (TOMs) in accordance with Art. 32 GDPR to ensure the security of the data processed. These include in particular:

• Encryption of sensitive data
• Access controls to restrict data processing
• Regular security reviews and backups (2) The Provider will inform the Customer without undue delay if a personal data breach occurs that affects the Customer’s personal data.

7.3 Data Processing for Business Customers

(1) Where Callana.ai processes personal data on behalf of a business customer (B2B), a separate data processing agreement (DPA) pursuant to Art. 28 GDPR will be concluded.
(2) The Customer remains the controller within the meaning of the GDPR and is responsible for the lawfulness of the data processing.

8. Contract Term and Termination

8.1 Term of the Contract

(1) The contract between the Customer and Callana.ai is concluded for an indefinite period.
(2) If the Customer uses a paid plan, billing begins upon activation of the AI phone assistant and renews automatically for the selected billing period (monthly or annually).

8.2 Ordinary Termination by the Customer

(1) The Customer may terminate the contract at any time with 30 days’ notice to the end of a month.
(2) Termination must be made in writing or via the cancellation function in the user account.
(3) Fees already paid for the current billing period will not be refunded unless there is a statutory obligation to refund them.

8.3 Ordinary Termination by Callana.ai

(1) Callana.ai may also terminate the contract with 30 days’ notice to the end of a month.
(2) The notice of termination will be sent to the email address stored by the Customer.

8.4 Termination for Cause

(1) Both parties have the right to terminate for good cause (extraordinary termination). Good cause exists in particular if:

• The Customer breaches material contractual obligations, in particular § 5 (Rights of Use and Restrictions).
• The Customer is more than 30 days in default of payment and does not pay despite a reminder.
• Callana.ai has to permanently discontinue the provision of the software for legal or economic reasons. (2) Termination for cause must be made in writing, stating the reason for termination.

8.5 Consequences of Termination

(1) After the contract ends, the Customer’s access to the platform will be blocked and all stored data will be deleted within 30 days, unless statutory retention obligations apply.
(2) It is the Customer’s responsibility to export all relevant data before the contract ends.

9. Final Provisions

9.1 Applicable Law

(1) Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the Customer is a consumer within the meaning of the Austrian Konsumentenschutzgesetz (KSchG, Austrian Consumer Protection Act), the mandatory consumer protection provisions of the Customer’s country of residence also apply.

9.2 Place of Jurisdiction

(1) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Graz, Austria, provided the Customer is an entrepreneur (Unternehmer) within the meaning of the Unternehmensgesetzbuch (UGB, Austrian Commercial Code).
(2) For consumers, the place of jurisdiction provided for by law under the Konsumentenschutzgesetz applies.

9.3 Changes to the Terms and Conditions

(1) Callana.ai reserves the right to amend these Terms and Conditions with effect for the future.
(2) Changes will be communicated to the Customer by email at least 30 days before they take effect. If the Customer does not object within this period, the new Terms and Conditions are deemed accepted.
(3) If the Customer objects to the changes, Callana.ai may terminate the contract for cause as of the date the new Terms and Conditions take effect.

9.4 Severability Clause

If any provision of these Terms and Conditions is wholly or partially invalid, the validity of the remaining provisions remains unaffected. The invalid provision will be replaced by a legally permissible provision that comes closest to the economic purpose of the original provision.

Terms of Use

§ 1 General

(1) These Terms of Use govern the use of the AI phone assistant platform provided by Innovationlab GmbH (hereinafter the “Provider”), through which customers can create, configure and manage their own automated phone assistants.

(2) By registering for and using the platform, the Customer accepts these Terms of Use. Use is permitted only for business customers (B2B).

(3) The current functions and plans of the platform are described on the website www.callana.ai.

§ 2 Registration and User Account

2.1 Registration

(1) Use of the platform requires registration. The Customer provides the following data:

• Name, email address, phone number
• Company name and industry
• Payment information (for paid plans)

(2) After registering, the Customer receives a confirmation email with a verification link. The account is activated only after this link has been clicked.

2.2 Responsibility for the Account

(1) The Customer is obliged to provide truthful and complete information when registering and to keep it up to date.

(2) The Customer is responsible for the security of their user account and must keep their login credentials secret. Disclosing them to third parties is prohibited.

§ 3 Use of the Platform and AI Phone Assistants

3.1 Provision and Functions

(1) Callana.ai provides the Customer with an AI-powered phone assistant solution with the following functions:

• Automated call answering and responses
• Processing of voice commands
• Call forwarding and appointment bookings
• Integration with third-party software (e.g., CRM, calendars, databases)

(2) The scope of services depends on the selected plan. A detailed overview is available at www.callana.ai.

3.2 Responsibility for Content and Use

(1) The Customer is responsible for the content processed and distributed via the platform.

(2) It is prohibited to use the platform for unlawful or abusive purposes, in particular:

• Using the AI for deceptive or misleading communication.
• Processing personal data without a legal basis.
• Using the software for harassment or sending spam.

(3) Callana.ai reserves the right to block a Customer’s access or terminate the contract if these provisions are violated.

§ 4 Liability and Availability

(1) Callana.ai strives for high availability of the platform but cannot guarantee permanent and uninterrupted use.

(2) Maintenance work or technical problems may lead to temporary limitations. Maintenance will be announced to the Customer in advance where possible.

(3) Callana.ai is liable only for damage caused by intent or gross negligence.

§ 5 Data Protection

(1) Personal data is processed in accordance with the Privacy Policy and applicable data protection laws.

(2) If the Customer processes personal data of third parties via the platform, the Customer remains the sole controller within the meaning of the GDPR.

§ 6 Changes to the Terms of Use

(1) Callana.ai may amend these Terms of Use where this is necessary for its business operations.

(2) Changes will be communicated to the Customer by email at least 30 days before they take effect. The Customer has the right to object within this period.

(3) If the Customer does not object, the new terms are deemed accepted.