Licence Terms

This is the English version of the German Lizenzbedingungen that you accept when you sign up. If the two versions differ, the German version prevails.

§ 1 Scope and contracting parties

(1) These terms apply to all contracts for the use of the Callrix software platform between KCraft Studio LTD, Neofytou Nikolaidi & Theod. Kolokotroni, ONISIFOROU CENTER, 2nd floor, Agios Theodoros, 8011 Paphos, Cyprus ("Callrix"), and the operator of a hotline ("Customer").

(2) Callrix contracts exclusively with businesses within the meaning of Section 14 of the German Civil Code (BGB). On sign-up, the Customer confirms that it acts in the course of its trade, business or profession.

(3) The Customer's own terms and conditions do not apply, even if Callrix does not expressly object to them.

§ 2 Subject matter

(1) For the term of the contract, Callrix provides the Customer with a software-as-a-service solution for running its own advisory hotline under its own brand. Depending on the plan, this includes in particular a website for the Customer's end customers on a subdomain or the Customer's own domain, the operator console, the infrastructure for calls in the browser and in apps, the handling of credit and billing through the Customer's Stripe account, and optional modules and native apps.

(2) The scope of each plan follows from the service description shown when the contract is concluded. The software is provided for use over the internet; the source code is not provided.

(3) Contracts for calls and credit are concluded solely between the Customer and its end customers, and the Customer alone agrees its cooperation with advisors. Callrix does not become a party to these contracts.

§ 3 Conclusion of contract and test mode

(1) On sign-up, the Customer gets free access to the console in test mode for 30 days. No real payments are possible in test mode, and the hotline can only be reached for testing. If the Customer has not chosen a plan by the end of the test period, the hotline is blocked; the console remains accessible for booking a plan.

(2) The paid contract is concluded when the Customer chooses a plan and completes checkout. Live operation requires an active plan, a connected Stripe account and complete provider details of the Customer.

§ 4 Prices and payment

(1) The prices shown when the contract is concluded apply: a monthly licence fee per plan and a revenue-based fee under paragraph 2. There is no setup fee for the Solo, Solo Plus, Starter and Business plans; one may be agreed for Enterprise. All prices are exclusive of statutory VAT. For Customers with a valid VAT identification number in another EU member state, the reverse-charge procedure applies.

(2) Depending on the plan, Callrix receives a share of the Customer's net advisory revenue: Solo 15 %, Solo Plus 12 %, Starter 10 %, Business 5 %, Enterprise as agreed. Net advisory revenue is the amount end customers pay for completed calls and answered chat messages, excluding VAT; amounts paid with bonus credit do not count. It is determined before the advisors' remuneration is deducted, and later refunds to end customers do not reduce it. Callrix measures it through the platform and shows it on the invoice. Fees of the payment service provider Stripe are borne by the Customer under its own contract with Stripe.

(3) The licence fee is billed monthly in advance and the revenue-based fee monthly in arrears, both through Stripe. Invoices are available in the console. If the Customer is more than 14 days in default with a payment, Callrix may block the hotline until the amount is paid, after a prior payment reminder in text form; the console remains accessible for billing and data export.

§ 5 Customer obligations

• The Customer concludes its own contract with Stripe and stores the access details of its Stripe account in the console. Payments from its end customers go to this account.
• It provides complete and accurate provider details. Before going live, it checks the legal texts generated from these details for suitability for its offer and adds to them where necessary.
• It is responsible for the lawfulness of its offer, in particular for the professional rules of its field of advice and for consumer protection, youth protection, competition and tax law.
• It selects its advisors itself, concludes the necessary contracts with them and is responsible for their remuneration and payouts.
• It is responsible for the content of its hotline and does not publish unlawful content.
• It keeps its login details secret and informs Callrix without delay if it suspects misuse.
• It only uses modules that require approval after Callrix has approved them.

§ 6 Availability and support

(1) Callrix aims for a platform availability of 99.5 % on a monthly average. Announced maintenance windows and disruptions outside Callrix's control are excluded, in particular those at Stripe, app stores, telecommunications and internet providers.

(2) The Customer receives support on working days by email to support@callrix.io and through the console. For troubleshooting, Callrix may access the Customer's console with the Customer's permission or for a specific reason; every access is logged with its reason.

§ 7 Further development

Callrix develops the platform continuously and may change features as long as the agreed core features remain and the change is reasonable for the Customer. Callrix announces material restrictions in text form at least six weeks in advance.

§ 8 Rights of use

(1) For the term of the contract, the Customer receives the simple, non-transferable right to use the platform for running its hotline.

(2) The Customer grants Callrix the rights to its trademarks, logos and content that are needed to perform the contract. Callrix names the Customer as a reference only with its consent.

§ 9 Data protection

Where Callrix processes personal data of end customers, advisors or employees of the Customer, it does so on behalf of the Customer. The data processing agreement applies and forms part of this contract.

§ 10 Liability

(1) Callrix is liable without limitation for intent and gross negligence, for injury to life, body or health, under product liability law and to the extent of a guarantee it has given.

(2) For a slightly negligent breach of an essential contractual obligation, liability is limited to the foreseeable damage typical for this type of contract, and in any case to the fees the Customer paid in the twelve months before the event causing the damage. Otherwise, liability for slight negligence is excluded.

(3) For loss of data, Callrix is only liable for the effort that would have been needed to restore the data if it had been backed up properly.

§ 11 Indemnity

The Customer indemnifies Callrix against third-party claims based on a culpable breach by the Customer of its obligations under § 5 or of applicable law, including reasonable costs of legal defence.

§ 12 Term and termination

(1) The contract runs for an indefinite period and either party may terminate it at the end of a billing month, the Customer in the console or in text form.

(2) The right to terminate for good cause remains unaffected. Good cause for Callrix exists in particular if the Customer uses the platform for unlawful offers.

(3) A setup fee agreed for Enterprise and already paid is not refunded.

§ 13 Data export at the end of the contract

The Customer can export its data, in particular on end customers, advisors and bookings, in a common format during the term and for 30 days after the end of the contract. After that, the data is deleted in accordance with the data processing agreement.

§ 14 Changes to these terms

Callrix notifies the Customer of changes to these terms in text form at least six weeks before they take effect. If the Customer does not object within this period, the changes are deemed accepted; the notification points out this consequence. If the Customer objects, either party may terminate the contract with effect from the date the changes take effect.

§ 15 Final provisions

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

(2) The exclusive place of jurisdiction for all disputes arising from this contract is Paphos, Cyprus. Callrix may also sue the Customer at its general place of jurisdiction.

(3) Declarations under this contract must be made in text form. If individual provisions are invalid, the validity of the remaining provisions is not affected.

Contact

KCraft Studio LTD
Email: hello@callrix.io