Terms of Service

Version: 6 August 2026

This English text is a working translation for convenience. The German version is legally binding.

§ 1 Scope; Provider

(1) These Terms govern all contracts for the use of the HalloMia SaaS platform (AI phone assistant, app.hallomia.io) between Archibo GmbH, Ohmstraße 12, 63225 Langen, Germany, commercial register HRB 54161 (Local Court Offenbach am Main) ("Provider") and its customers.

(2) The offering is directed exclusively at businesses (Unternehmer, Sec. 14 German Civil Code), legal entities under public law and special funds under public law. Contracts with consumers (Sec. 13 BGB) are excluded. Upon registration the customer confirms acting in a commercial or self-employed professional capacity.

(3) Deviating customer terms apply only with the Provider's express consent in text form.

§ 2 Subject of the contract; services

(1) HalloMia answers the customer's inbound calls in natural language, provides information based on customer-configured content, books appointments, takes messages and forwards calls per customer rules.

(2) Feature scope, plan inclusions and prices follow from the current overview on hallomia.io.

(3) The Provider owes 99% average annual platform availability, excluding announced maintenance and disruptions beyond its control (telephone networks, telephony/AI upstream providers, general internet infrastructure).

(4) The Provider uses third-party inputs (carriers, AI speech services, cloud); providers may be exchanged if the service scope remains essentially unchanged.

§ 3 Conclusion; free trial

(1) Registration is an offer for a free trial contract; accepted by account activation.

(2) The free trial comprises the published quotas (currently: 1 assistant, 1 phone number, 60 inbound trial minutes, 5 web test calls / 30 web test minutes); no credit card required. After consumption the service rests until a paid plan is booked.

(3) The paid contract is concluded upon completing the order flow (plan, payment details, express acceptance of these Terms).

§ 4 Prices; billing; payment

(1) Prices at the time of ordering apply, net plus VAT.

(2) Billing monthly or annually in advance via Stripe; minute top-ups due on purchase; invoices provided electronically.

(3) In case of payment default, the Provider may suspend access after unsuccessful reminder with reasonable grace period; the payment obligation remains.

(4) Itemized call record: upon request via support the customer receives an itemized overview of billed calls (date, time, duration, destination number masked per statutory rules).

(5) Billing disputes: objections must be notified in text form; objections within eight weeks of invoice receipt will be examined. Statutory rights remain unaffected.

§ 5 Term; ordinary termination

(1) Monthly plans: one-month term, renewing monthly; cancellable anytime effective at the end of the current billing period via the in-app cancellation function or in text form.

(2) Annual plans: twelve-month term, renewing for twelve months; four weeks' notice to the end of the term.

(3) The free trial account may be cancelled anytime. (4) Termination for cause remains unaffected.

§ 6 Refunds

(1) Fees for commenced billing periods are not refunded; access continues to the end of the paid period.

(2) Claims under mandatory law or arising from a material service failure attributable to the Provider (pro-rata refund) remain unaffected.

(3) Minute top-ups are non-exchangeable and non-refundable to the extent permitted by mandatory law; they do not expire before twelve months.

§ 7 Customer obligations

(1) The customer ensures the lawfulness of configured content.

(2) The customer is responsible for the legal conduct of its telephony, in particular required notices to callers (e.g. announcing call recording where activated). The platform provides notice templates and validation mechanisms; their use does not replace the customer's own legal review.

(3) Abusive use (unlawful marketing calls, number misuse, circumvention of billing, attacks) entitles the Provider to immediate suspension.

§ 8 Phone numbers; telecommunications law

(1) Provided numbers remain allocated to the Provider or its carrier until ported. The customer supplies complete, correct and current subscriber data (Sec. 172 German Telecommunications Act, TKG).

(2) Incomplete subscriber data may lead to statutory restriction or termination of number use; deadlines will be notified.

(3) Emergency calls: suitability follows the product documentation; routing is configured by the customer.

§ 9 Data protection; processing

(1) The Provider processes callers' and the customer's personal data as processor under the separate Data Processing Agreement (DPA), which forms part of the contract.

(2) Processing within the EU/EEA; sub-processors are listed in the DPA.

§ 10 AI services; liability

(1) AI-generated conversation is probabilistic and may contain incorrect or incomplete statements; owed is the agreed platform service, not a specific conversational outcome.

(2) Unlimited liability for intent and gross negligence, under the Product Liability Act, and for injury to life, body or health.

(3) For slight negligence the Provider is liable only for breach of essential contractual obligations, limited to the typical foreseeable damage and capped — per damaging event and in aggregate per contract year — at the fees paid by the customer in the six months preceding the event.

(4) Strict liability for initial defects (Sec. 536a (1) alt. 1 BGB) is excluded.

§ 11 Changes to these Terms

(1) Future-effective amendments are permitted for good cause (in particular legal changes, upstream changes) where reasonable; announced at least six weeks in advance in text form. Absent objection before the effective date they are deemed approved; this will be pointed out separately.

(2) In case of detrimental changes the customer may terminate effective on the change date.

§ 12 Reference naming

(1) The customer grants the Provider the right, for the contract term, to name the customer as a reference using name/company and unaltered logo (in particular on the website, in presentations and marketing materials).

(2) The customer may object anytime without reasons in text form; use then ceases within 14 days. Further statements (quotes, case studies) require separate consent.

§ 13 Final provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) Exclusive venue — where permissible — is Offenbach am Main; the Provider may also sue the customer at its general venue.

(3) Invalidity of individual provisions leaves the remainder unaffected.