Terms of Service
- Scope
- The Platform
- Customer account and users
- Free trial
- Conclusion of contract
- Rights of use
- Availability
- Defects and warranty
- Customer Content
- AI Models, Outputs and fair use
- Prohibited use and responsibility for agents
- Fees and payment
- Liability
- Suspension of access
- Term and termination
- Data protection
- Confidentiality
- Changes to these Terms
- Final provisions
1. Scope
1.1 digitally induced GmbH, Schanzenstraße 96, 40549 Düsseldorf, Germany, registered with the commercial register of the Amtsgericht Düsseldorf under HRB 103728 (“textcontent.ai”, “we”, “us”), operates textcontent.ai, a platform for AI agents and AI-assisted content creation (the “Platform”). These Terms govern the contract between us and the business that uses the Platform (the “Customer”). Contact: support@textcontent.ai.
1.2 The Platform is offered exclusively to businesses and not to consumers. By concluding the contract, the Customer confirms that it is acting as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), as a legal entity under public law or as a special fund under public law. Contracts with consumers within the meaning of Section 13 BGB are excluded.
1.3 Only these Terms apply. General terms and conditions of the Customer do not become part of the contract, even if we do not object to them, unless we expressly agree to them in writing.
2. The Platform
2.1 With the Platform, the Customer can in particular create and operate voice agents that answer and place phone calls, use chat agents on websites and messaging channels, provide knowledge bases that its agents draw on, connect third-party systems such as calendars or MCP servers, and generate texts such as blog posts or candidate reports. The specific scope of services depends on the plan booked and on the product and pricing information on our website and in the Platform at the time the contract is concluded.
2.2 We provide the Platform as software-as-a-service via the internet. We store the Customer’s data on servers in the European Union; Third-Party Services (Section 2.5) may also process data outside the European Union in accordance with the data processing agreement (Section 16). The point of performance is the internet access point of the data center we use. The Customer is responsible for its own internet connection and the other technical prerequisites for access.
2.3 To run the Customer’s agents and tools, the Platform transmits inputs such as instructions, prompts, documents and, for voice agents, the audio of conversations (“Inputs”) to AI models and speech services of third-party providers such as OpenAI, Google, Anthropic, Deepgram or ElevenLabs (each an “AI Model”) and processes the results they return (“Outputs”). Which AI Model is used depends on the respective feature and on the Customer’s configuration.
2.4 Phone calls and messages are transmitted via telecommunications and messaging providers such as Twilio. If the Platform provides the Customer with phone numbers, we obtain them from our providers and make them available to the Customer for the term of the contract; the numbers remain allocated to us or our provider. The Customer shall provide the information that telecommunications regulations require for the allocation of phone numbers.
2.5 AI Models, telecommunications providers, connected third-party systems and other third-party services (“Third-Party Services”) are operated by their providers under their own responsibility. We have no influence on their technical design and do not guarantee their availability, functionality or continued existence. Providers may change or discontinue their services, which may restrict or prevent their use within the Platform.
2.6 We continuously develop the Platform and may change, extend, replace or discontinue features, integrations, channels and AI Models, provided that the functionality agreed under Section 2.1 is not unreasonably impaired taken as a whole. Features marked as beta or preview are still being tested and may be changed or discontinued at any time. We are only obliged to make changes to the extent necessary to maintain the security or functionality of the Platform.
3. Customer account and users
3.1 Using the Platform requires a customer account. The Customer shall provide accurate and complete information when registering and keep it up to date, in particular its company, contact and billing details.
3.2 The Customer may only grant access to the Platform to persons it has authorized (“Users”). Access credentials are personal and may not be shared among several persons. The Customer is responsible for the acts and omissions of its Users.
3.3 The Customer and its Users must keep access credentials secret and protect them against access by unauthorized third parties. The Customer shall inform us without undue delay if there are indications that access credentials have been misused.
4. Free trial
4.1 We may allow the Customer to use the Platform free of charge for a limited period and with a limited scope (“Trial Period”). The duration and scope are shown when signing up.
4.2 The Trial Period ends automatically without the need for termination. Use only continues for a fee if the Customer actively books a paid plan.
4.3 Unless agreed otherwise, each Customer is entitled to one Trial Period.
5. Conclusion of contract
5.1 The presentation of the Platform on our website is not a binding offer. The contract for the Trial Period is concluded when we activate the customer account after registration. A contract for paid use is concluded when the Customer completes the booking process for a paid plan in the Platform or accepts an individual offer from us.
5.2 Individual offers and order forms take precedence over these Terms to the extent they deviate from them.
6. Rights of use
6.1 For the term of the contract, we grant the Customer a non-exclusive, non-transferable and non-sublicensable right to use the Platform to the agreed extent for its own business purposes. The right of use ends automatically when the contract ends.
6.2 The Customer may not (a) make the Platform available to third parties, in particular resell, rent or lend it, although the intended interaction of its agents with its customers, callers and other contacts remains permitted; (b) use the Platform to develop a product or service with the same or substantially the same functionality; (c) use features for which it has not acquired rights of use; (d) reverse engineer, decompile or otherwise attempt to derive the source code of the Platform, except where mandatory law permits this; (e) circumvent technical protection measures, access controls or usage limits; (f) carry out penetration tests, load tests or automated scans of the Platform or its infrastructure without our prior consent; or (g) remove or alter proprietary notices.
7. Availability
7.1 The Platform has an average availability of 99% per calendar month.
7.2 The Platform is unavailable if it cannot be accessed or its core functions cannot be used at all. Times during which this is caused by (a) circumstances beyond our control, in particular force majeure such as natural disasters, epidemics, war, industrial action or official orders, or disruptions of the internet or of Third-Party Services for which we are not responsible, (b) use by the Customer contrary to the contract, or (c) scheduled maintenance under Section 7.3 do not count as unavailability.
7.3 We may temporarily restrict access to the Platform for scheduled maintenance. We will announce scheduled maintenance at least three days in advance, carry it out outside usual business hours (Monday to Friday, 8 a.m. to 6 p.m. German time) where possible, and limit it to a total of five hours per month.
7.4 This Section 7 does not apply to the availability of Third-Party Services, in particular AI Models and telecommunications providers.
8. Defects and warranty
8.1 The statutory provisions apply to defects of the Platform, subject to the following provisions. Strict liability for defects that already existed when the contract was concluded (Section 536a (1), first alternative, BGB) is excluded.
8.2 A defect exists if the Platform, when used in accordance with the contract, materially deviates from the agreed functionality and the cause lies within our area of responsibility. The Customer shall report defects without undue delay to support@textcontent.ai and provide all information required to analyze and reproduce them.
8.3 We will remedy reported defects within a reasonable time, at our discretion by correction, an update, a workaround or an alternative solution. We prioritize defects according to their severity and impact. For defects that prevent the use of core functions, we will generally provide an assessment of the cause and the planned measures within one business day.
8.4 If the remedy fails or is unreasonable for the Customer, the Customer may reduce the fees appropriately. The Customer may not implement the reduction by deducting amounts from current or future payments; we will credit any overpaid amount against the next invoice or, if that is not possible, refund it.
8.5 The Customer may only terminate the contract because of a defect if it has set us a reasonable deadline for remedying it, the deadline has expired without success and the contractual use of the Platform is significantly impaired.
8.6 Claims for damages and for reimbursement of expenses are governed by Section 13.
9. Customer Content
9.1 “Customer Content” means all content that the Customer or its Users enter, upload or connect, and all content that the Platform processes or generates for the Customer, in particular instructions and prompts, knowledge base documents, call recordings, transcripts, chat and message histories, contact data and Outputs. As between the parties, all rights to Customer Content remain with the Customer.
9.2 For the term of the contract, the Customer grants us the non-exclusive right to use Customer Content to the extent necessary to provide the Platform, in particular to store, reproduce, process and modify it, to transmit it to AI Models, other Third-Party Services and our sub-processors, and to make it available to the recipients intended by the Customer, such as callers or website visitors.
9.3 We do not use Customer Content to train or improve AI models.
9.4 The Customer may only store or process Customer Content on the Platform (a) for which it holds the necessary rights and permissions, (b) that does not violate applicable law or rights of third parties, in particular copyrights, trademark, personality and data protection rights, and (c) that is not unlawful, discriminatory, pornographic or glorifying violence.
9.5 The Customer shall indemnify us against claims of third parties, including reasonable costs of legal defense, that arise from a breach of Section 9.4. This does not apply to the extent we are responsible for the breach.
9.6 We may block or delete Customer Content that violates Section 9.4 if the Customer does not remove it within a reasonable period after our request. If the violation is obvious or there is a risk of significant harm, we may block the content immediately.
9.7 The Customer is responsible for backing up Customer Content that it needs outside the Platform.
9.8 We may collect anonymized telemetry and aggregated usage statistics in order to operate, secure and improve the Platform. This data does not contain any Customer Content or personal data.
9.9 If the Customer or its Users give us ideas, suggestions or other feedback on the Platform, we may use it free of charge, without restriction and permanently, in particular to develop the Platform further.
10. AI Models, Outputs and fair use
10.1 The use of AI Models and other Third-Party Services via the Platform may additionally be subject to the terms and usage policies of their providers. The Customer shall comply with them; violations may lead to providers restricting or blocking use. Currently relevant in particular are:
- OpenAI Usage Policies
- Google Generative AI Prohibited Use Policy
- Anthropic Usage Policy
- ElevenLabs Prohibited Use Policy
- Twilio Acceptable Use Policy
10.2 Plans may include usage limits, for example for call minutes, agents or phone numbers; these result from the plan booked. To protect the stability of the Platform, we may in addition reasonably limit the use of individual features or AI Models within certain periods (fair use).
10.3 Outputs of AI Models may be incomplete, inaccurate, outdated or misleading, and AI agents may react unexpectedly in conversations. We do not warrant that Outputs are correct, complete, up to date or fit for a particular purpose. The Customer shall check Outputs before relying on them. If the Customer lets agents act without prior review, for example talk to callers, book appointments, send messages or forward calls, the Customer remains responsible for these actions.
11. Prohibited use and responsibility for agents
11.1 The Customer may not use the Platform (a) in violation of applicable law or rights of third parties, (b) to collect or process personal data unlawfully, (c) for advertising calls or messages without the required consent, for spam or for deceptive or harassing communication, (d) to impersonate other persons or organizations, (e) to distribute malware, or (f) in a way that impairs the integrity, security or availability of the Platform, for example by circumventing security mechanisms or creating accounts by automated means.
11.2 The Customer may not use the Platform (a) for practices prohibited under Regulation (EU) 2024/1689 (AI Act) or for AI systems classified as high-risk under that regulation, (b) to operate, control or monitor safety-relevant components of critical infrastructure, or (c) for applications in which a malfunction could lead to death, personal injury or significant damage. The Platform is not designed for emergency calls (e.g., 112 or 110) and must not be used for them.
11.3 The Customer is responsible for the lawful use of its agents, in particular for informing conversation partners that they are interacting with an AI system where this is required by law, for obtaining necessary consents, for example for recording and transcribing conversations or for advertising calls and messages, and for complying with data protection, telecommunications and competition law.
11.4 The Customer shall indemnify us against claims of third parties, including reasonable costs of legal defense, that arise from use of the Platform in breach of this Section 11. This does not apply to the extent we are responsible for the breach.
12. Fees and payment
12.1 The fees depend on the plan booked and any additional services, based on the prices shown on our pricing page or in the Platform at the time of booking.
12.2 Fees are due in advance at the beginning of each billing period (monthly or yearly, depending on the booking) and are collected via our payment service provider using the payment method stored by the Customer. Invoices are provided electronically.
12.3 All prices are in euros. Unless stated otherwise, they are net prices plus statutory value added tax.
12.4 We may adjust prices for future billing periods. We will notify the Customer of price changes by email at least 30 days in advance; new prices apply from the first billing period that starts after this notice period. If the Customer does not agree, it can terminate the contract before the change takes effect (Section 15.1). Individually agreed discounts remain unaffected.
12.5 If we advertise a money-back guarantee, the conditions stated there apply.
12.6 If the Customer is in default of payment, we may suspend access to the Platform after a prior reminder (Section 14). The Customer may only set off claims that are undisputed or have been finally established by a court.
13. Liability
13.1 We are liable without limitation (a) for intent and gross negligence, (b) for damages arising from injury to life, body or health, (c) under the German Product Liability Act, (d) where we have assumed a guarantee, and (e) where mandatory law excludes a limitation of liability.
13.2 In all other cases, we are only liable for the breach of an essential contractual obligation, i.e., an obligation whose fulfillment makes the proper performance of the contract possible in the first place and on whose fulfillment the Customer may regularly rely (cardinal obligation). In this case, our liability is limited to the damage that is foreseeable and typical for this type of contract, and in total to the fees paid or payable by the Customer to us in the twelve months before the event giving rise to the damage. Any further liability is excluded.
13.3 In the event of loss of data, we are only liable, within the limits of Section 13.2, for the effort that would have been required to restore the data had the Customer backed it up properly.
13.4 The above limitations also apply in favor of our legal representatives, employees and vicarious agents.
13.5 Claims of the Customer against us, except for claims under Section 13.1, become time-barred one year after the start of the statutory limitation period.
14. Suspension of access
14.1 We may suspend the Customer’s access to the Platform in whole or in part, for example for individual agents or phone numbers, if there are concrete indications of a breach of these Terms or of applicable law, or if we have another legitimate interest in the suspension, such as payment default, a security risk, misuse such as unsolicited calls, or an official order. We take the Customer’s legitimate interests into account and choose the least severe effective measure.
14.2 We will inform the Customer of the suspension and its reason without undue delay, as a rule by email, and will lift it as soon as the reason for it no longer applies.
15. Term and termination
15.1 The contract for paid use runs for the booked billing period (one month or one year) and is extended automatically by the same period unless it is terminated. The Customer can terminate at any time with effect from the end of the current billing period, in particular via the billing settings in the Platform. We can terminate with 14 days’ notice to the end of a billing period.
15.2 The right of both parties to terminate for good cause remains unaffected. Good cause for us exists in particular if the Customer (a) is in default with a payment for more than 30 days despite a reminder, or (b) repeatedly or seriously breaches its obligations under Section 9 or 11 and does not stop the breach despite a warning, or the breach is so serious that continuing the contract is unreasonable for us even without a warning.
15.3 Terminations must be made in text form, for example by email to support@textcontent.ai, or via the function provided for this in the Platform.
15.4 When the contract ends, the Customer’s right to use the Platform ends. We delete Customer Content after the contract ends, personal data in accordance with the data processing agreement (Section 16), unless statutory retention obligations apply. The Customer should export any Customer Content it still needs beforehand.
16. Data protection
16.1 To the extent we process personal data on behalf of the Customer, we act as its processor within the meaning of Art. 28 GDPR. When the contract is concluded, the data processing agreement available on our website is concluded between the parties and becomes part of the contract.
16.2 How we process personal data as a controller, for example to manage the customer account and for billing, is explained in our Privacy Policy.
17. Confidentiality
17.1 The parties shall treat as confidential all information of the other party that is not publicly known or that is to be regarded as confidential due to its nature or the circumstances, in particular Customer Content, business and trade secrets, know-how, prices and source code (“Confidential Information”). They shall protect it against unauthorized access with reasonable care, use it only to perform this contract and not disclose it to third parties without prior consent. Advisors bound by professional secrecy and sub-processors bound by confidentiality are not third parties in this sense, to the extent disclosure to them is necessary.
17.2 This obligation does not apply to information that (a) was already known to the recipient or publicly available before disclosure, or becomes publicly available without a breach of this obligation, (b) the recipient lawfully received from a third party without a confidentiality obligation, or (c) must be disclosed due to a legal obligation or an order of a court or authority; in this case, the party obliged to disclose shall limit the disclosure to what is necessary and inform the other party in advance where legally permitted.
17.3 At the request of the other party, the recipient shall return or delete Confidential Information unless statutory retention obligations apply.
17.4 These obligations continue to apply after the contract ends.
18. Changes to these Terms
18.1 We may amend these Terms if there is a valid reason, in particular changes in the law or case law, technical developments, changes to the terms of Third-Party Services, or new or changed features of the Platform. In doing so, we take the Customer’s legitimate interests into account.
18.2 We will notify the Customer of planned changes by email at least four weeks before they take effect. If the Customer does not object in text form within four weeks of receiving the notification, the changes are deemed accepted with effect for the future. We will point out the right to object, the deadline and the consequences of silence in the notification. If the Customer objects, we may terminate the contract with two weeks’ notice.
18.3 Changes to the main performance obligations and to the fees are not made under this Section 18; price changes are governed by Section 12.4.
19. Final provisions
19.1 These Terms and all contracts concluded under them are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules.
19.2 If the Customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising out of or in connection with the contract is Düsseldorf, Germany. We may also bring claims against the Customer at its general place of jurisdiction.
19.3 Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provisions.
19.4 Only the German version of these Terms is legally binding. The English version is provided for information only.