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General Terms and Conditions (GTC)

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SalesFrank — Platform for AI-Powered Telephone Communication

Provider: Another Side Ventures Free Zone LLC Al Shohada Road, Ras Al Khaimah, United Arab Emirates As of: March 2026

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§ 1 Scope of Application

(1) These General Terms and Conditions (hereinafter “GTC”) apply to all contracts between Another Side Ventures Free Zone LLC (hereinafter “Provider”) and the customer (hereinafter “Customer”) regarding the use of the SaaS platform “SalesFrank” (hereinafter “Platform”). (2) The Platform is intended exclusively for entrepreneurs within the meaning of § 14 BGB (German Civil Code). Use by consumers within the meaning of § 13 BGB (German Civil Code) is excluded. (3) Deviating, conflicting, or supplementary general terms and conditions of the Customer shall only become part of the contract if the Provider has expressly agreed to their applicability in writing. (4) The version of these GTC in effect at the time of contract conclusion shall apply.

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§ 2 Subject Matter of the Contract

(1) The Provider makes the Platform “SalesFrank” available to the Customer as Software-as-a-Service (SaaS) via the Internet. The Platform enables automated, AI-powered telephone contact with third parties (hereinafter “Contact Persons”) on behalf of and at the instruction of the Customer. The Platform is a technical tool. The Provider exclusively provides the technical infrastructure and software functionality. The Provider is neither the initiator, principal, nor co-originator of the communication carried out via the Platform. The decision as to which persons are contacted, with what content, on what legal basis, and for what purpose is made solely by the Customer. The role of the Provider is comparable to that of a telecommunications provider or software manufacturer — it provides the tool, not the intent of use. (2) The functionality of the Platform includes, in particular:
  • Automated outgoing telephone calls (outbound) using AI-powered voice agents
  • Automated incoming telephone calls (inbound) using AI-powered voice agents
  • Recording and transcription of conversations
  • Dashboard for managing contact data, campaigns, and results
  • Automatic follow-up logic
  • Data extraction from conversations
  • Integration with the Customer’s calendar and CRM systems
(3) The exact scope of functionality is determined by the tariff selected by the Customer in accordance with the current price list on the Provider’s website. (4) The Provider is entitled to further develop, update, and functionally expand the Platform at any time, provided that the contractually agreed scope of functionality is not materially restricted.

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§ 3 Registration and User Account

(1) Use of the Platform requires registration and the creation of a user account. (2) The Customer is obligated to provide truthful and complete information during registration and to keep such information up to date. (3) Access credentials for the user account must be treated confidentially. The Customer is liable for all activities carried out through their user account, unless the unauthorized use is not attributable to the Customer. (4) The Customer shall inform the Provider immediately upon becoming aware that third parties have gained unauthorized access to their user account.

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§ 4 Service Description and Availability

(1) The Provider shall deliver the contractual services with a targeted availability of 99.5% on an annual average. Excluded from this are:
  • Scheduled maintenance windows, of which the Customer will be notified with reasonable advance notice
  • Disruptions attributable to force majeure, internet disruptions, or circumstances for which the Customer is responsible
  • Outages of third-party services used (e.g., telecommunications providers, cloud infrastructure) over which the Provider has no control
(2) The Platform infrastructure is operated on servers within the European Union (Microsoft Azure, EU West region). Through this architecture, the Provider ensures that operations are guaranteed at all times regardless of the physical company location. (3) Support is provided in German and English via email and the integrated helpdesk system. The Provider endeavors to respond to inquiries within two business days. (4) Service Level Agreement (SLA) and Credit: If the actual availability of the Platform falls below the target value of 99.5% specified in paragraph 1 in any calendar month, the Customer shall receive, upon request, a credit against the monthly fee. The credit shall amount to twice the percentage by which availability was underperformed, based on the monthly net fee (e.g., availability of 98.5% = 1% shortfall = 2% credit). The credit is limited to a maximum of 30% of the monthly net fee per calendar month. The Customer must request the credit in writing or in text form within 14 days after the end of the affected month and must substantiate the unavailability in a comprehensible manner. The credit shall be offset against the next monthly invoice. The entitlement to credit is the Customer’s primary remedy for unavailability; further claims for damages due to unavailability are — to the extent permitted by law — excluded. This does not apply to damages arising from injury to life, body, or health, nor to damages caused by intent or gross negligence of the Provider. (5) Beta Features and Preview Features: The Provider may from time to time grant the Customer access to new functionalities designated as “Beta,” “Preview,” “Early Access,” or similar (hereinafter “Beta Features”). Beta Features are provided in their current state (“as is”) without any warranty. The Provider makes no guarantee regarding the availability, error-free operation, completeness, or suitability of Beta Features. Beta Features may be modified, restricted, or discontinued at any time without prior notice. Use of Beta Features is at the Customer’s own risk. The Provider recommends not using Beta Features for business-critical processes. The SLA pursuant to paragraph 4 does not apply to Beta Features.

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§ 5 Customer Obligations

(1) The Customer is solely responsible for the legally compliant use of the Platform. This includes, in particular, compliance with all applicable legal provisions, including:
  • The Gesetz gegen den unlauteren Wettbewerb (UWG) (Unfair Competition Act), in particular § 7 UWG (unreasonable nuisance)
  • The Datenschutz-Grundverordnung (GDPR) and national data protection laws
  • The Telekommunikation-Digitale-Dienste-Datenschutz-Gesetz (TDDDG) (Telecommunications Digital Services Data Protection Act)
  • Other industry-specific regulations
(2) The Customer shall ensure that they have a sufficient legal basis for telephone contact with the Contact Persons. In the B2B sector, this may include, in particular, presumed consent pursuant to § 7 para. 2 no. 2 UWG. The review and documentation of the legal basis is the sole responsibility of the Customer. The Provider does not verify whether the Customer has a sufficient legal basis for making contact. The Provider does not obtain consent on behalf of the Customer, does not provide legal advice, and does not perform compliance checks for the Customer. The Provider has neither the obligation nor the ability to verify the legality of the contacts initiated by the Customer. The Customer is obligated to seek independent legal advice to the extent that uncertainties exist regarding the permissible use of the Platform. (3) The Customer shall ensure that all data uploaded to the Platform has been lawfully collected and that the Customer is authorized to process and transfer such data to the Provider. (4) The Customer is obligated not to use the Platform for unlawful, misleading, fraudulent, or otherwise impermissible purposes. The following are, in particular, prohibited:
  • Calls to persons who have objected to telephone contact
  • Calls to consumers without prior express consent
  • The dissemination of false statements of fact through the AI agents
  • The concealment of the AI-powered nature of the conversation
  • The use of the Platform for spam, fraud, or comparable activities
(5) Indemnification: The Customer shall indemnify and hold harmless the Provider, its directors, employees, agents, and affiliated companies from and against all claims, demands, actions, damages, losses, costs, and expenses (including reasonable legal defense costs and attorney’s fees) asserted due to or in connection with the Customer’s use of the Platform. The indemnification obligation includes, in particular but not limited to, claims arising from:
  • Unfair competition law violations (e.g., impermissible telephone advertising pursuant to § 7 UWG, violations of the Unfair Competition Act)
  • Data protection violations (e.g., lack of legal basis for processing, missing or insufficient information to data subjects pursuant to Art. 13/14 GDPR, violations of the GDPR or national data protection laws)
  • The content configuration of the AI agents (e.g., misleading, false, unlawful, or otherwise impermissible statements)
  • Contacting persons for whom no sufficient legal basis exists (e.g., consumers without consent, persons on suppression lists)
  • The unlawful collection, processing, or use of contact data
  • Copyright infringements, trademark infringements, or infringements of other third-party rights through content disseminated via the Platform
  • Violations of telecommunications law provisions
  • Administrative proceedings, fines, or sanctions initiated or imposed against the Provider due to the Customer’s use of the Platform
The Customer shall inform the Provider immediately about the assertion of such claims and, upon request, shall either transfer control of the legal defense to the Provider or reasonably support the Provider in the legal defense. The indemnification obligation does not apply to the extent that the Provider caused the claim through its own intentional or grossly negligent breach of duty. (6) Customer Security Obligations: The Customer is obligated to take appropriate technical and organizational security measures for the use of the Platform. This includes, in particular:
  • The secure storage of access credentials and API keys
  • The use of secure passwords and — where available — the activation of multi-factor authentication
  • The restriction of Platform access to authorized employees
  • The immediate revocation of access for departing employees
  • To the extent that the Customer uses the Platform for particularly sensitive processes (e.g., processing of special categories of personal data, processing in the healthcare or financial services sector), the Customer is obligated to implement additional security measures (e.g., security queries, multi-factor authentication, restricted conversation content). The Provider assumes no liability for damages resulting from the Customer’s failure to implement appropriate security measures.
(7) Use of Provided Telephone Numbers: To the extent that the Provider makes telephone numbers available to the Customer within the scope of the Platform (via the telecommunications provider Twilio), the following terms of use apply:
  • The provided telephone numbers may only be used within the scope of the intended use of the Platform.
  • The use of the telephone numbers for purposes outside the Platform is prohibited.
  • The Customer is obligated to comply with the telecommunications law provisions applicable to the use of the telephone numbers, in particular the obligation to transmit the calling number (no suppression of caller ID, to the extent required by law).
  • The Customer may not use the telephone numbers to contact persons who have expressly objected to being contacted or who are listed on a suppression list.
  • In the event of a violation of these terms of use, the Provider is entitled to block the affected telephone numbers without prior notice. The Customer is liable for all damages and costs incurred by the Provider or the telecommunications provider due to misuse.
(8) Contact Data and Data Quality: The Customer is responsible for ensuring that the contact data uploaded to the Platform is accurate, current, and lawfully collected. The Customer shall ensure that the contact data originates from legitimate sources and was not obtained in violation of applicable law. The Provider assumes no responsibility for the quality, accuracy, or legality of the contact data provided by the Customer.

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§ 6 AI-Powered Communication — Customer Responsibility

(1) The Customer is solely responsible for the content configuration of the AI-powered voice agents. This includes, in particular:
  • The creation and maintenance of conversation scripts and prompts
  • The definition of permissible and impermissible conversation content
  • The establishment of qualification criteria
  • The selection of persons and datasets to be contacted
(2) The Provider makes the technical infrastructure and AI models available. The Provider has no influence on the specific content communicated by the AI agent during conversations, to the extent that such content is determined by the Customer’s configuration. (3) The Customer bears full responsibility for ensuring that the conversations conducted via the Platform are permissible in terms of content and do not infringe the rights of third parties. The Provider assumes no liability for the content of the conversations. (4) The Provider recommends that the Customer transparently indicate the AI-powered nature of the conversation at the beginning of each automated conversation. The Customer is solely responsible for compliance with any disclosure obligations. (5) The Provider makes tools available to the Customer for configuring the AI agents (e.g., Prompt Editor, AI Prompt Generator). The use of these tools and the quality of the configuration are the Customer’s responsibility. (6) Comprehensive Content Responsibility of the Customer: The Customer bears sole and comprehensive responsibility for all content generated, disseminated, or processed through their use of the Platform — including, but not limited to, conversation content, statements made by the AI agent, commitments, promises, or representations made to Contact Persons. The Provider is neither a co-creator nor a co-disseminator of such content. The Customer acknowledges that AI models may produce unforeseen or inaccurate statements despite careful configuration and that it is the Customer’s responsibility to regularly review conversation content based on recordings and transcripts and to adjust the configuration accordingly.

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§ 7 Data Protection and Data Processing

(1) The processing of personal data by the Provider on behalf of the Customer is governed by the separately concluded Data Processing Agreement (DPA) pursuant to Art. 28 GDPR. (2) The Customer is the controller within the meaning of Art. 4 no. 7 GDPR for the personal data of the Contact Persons processed via the Platform. The Provider acts in this regard as a processor within the meaning of Art. 4 no. 8 GDPR. (3) The Customer is obligated to inform the Contact Persons in accordance with Art. 13 and Art. 14 GDPR about the processing of their personal data, to the extent required by law. (4) Further details regarding the type of data processed, the sub-processors engaged, and the technical and organizational measures can be found in the DPA and its annexes.

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§ 8 Fees and Payment Terms

(1) The fees are determined by the tariff selected by the Customer in accordance with the current price list on the Provider’s website. All prices are exclusive of the applicable statutory value-added tax, where applicable. (2) Billing occurs monthly in advance. Payment is processed through the payment service provider Stripe. (3) If the Customer exceeds the minute quota included in the selected tariff, the additional minutes will be billed in accordance with the tariff conditions. (4) In the event of payment default, the Provider is entitled to suspend access to the Platform after an unsuccessful reminder with a reasonable deadline. The obligation to pay the agreed fees remains unaffected. (5) The Customer may only offset claims that are undisputed or have been established by final court judgment.

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§ 9 Intellectual Property and Usage Rights

(1) All rights to the Platform, including the software, AI models, user interface, and documentation, remain with the Provider. (2) The Customer receives, for the duration of the contract, a non-exclusive, non-transferable, non-sublicensable right to use the Platform for its intended purpose within the scope of the selected tariff. (3) The data uploaded by the Customer and configurations created (prompts, scripts, contact lists) remain the property of the Customer. (4) The Provider is entitled to use anonymized and aggregated usage data for purposes of product improvement and statistical analysis, provided that identification of the Customer or individual Contact Persons is excluded.

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§ 10 Term and Termination

(1) The contract is concluded for an indefinite period and may be terminated by either party with 30 days’ notice to the end of the respective billing period, unless a different minimum term is agreed upon in the selected tariff. (2) The right to extraordinary termination for good cause remains unaffected. Good cause for the Provider exists, in particular, when:
  • The Customer continues to use the Platform unlawfully despite a warning
  • The Customer is in arrears with payment of fees in an amount equal to at least two monthly installments
  • Insolvency proceedings are opened against the Customer’s assets, or the opening of such proceedings is rejected due to insufficient assets
(3) Immediate Suspension in Case of Serious Violations: Notwithstanding the foregoing provisions, the Provider is entitled to immediately suspend the Customer’s access to the Platform without prior warning and without observing a notice period (suspension) if:
  • There is a substantiated suspicion that the Customer is using the Platform for criminal acts, fraud, systematic spam, or mass impermissible contacts
  • The continued use by the Customer poses an immediate danger to the Provider, third parties, or the integrity of the Platform (e.g., impending regulatory action, reputational damage, complaints from telecommunications providers)
  • The Provider is requested by third parties, authorities, or telecommunications providers to prevent the Customer’s use
  • The Customer attempts to circumvent a suspension already imposed (e.g., by registering new accounts)
The Provider shall inform the Customer immediately about the suspension and its reasons. During the suspension, the Customer’s obligation to pay the agreed fees shall, in principle, continue. If the suspicion proves to be unfounded, access shall be restored immediately and the fees paid for the period of suspension shall be credited on a pro rata basis. If the suspicion is confirmed, the Provider is entitled to terminate the contract without notice. (4) Upon termination of the contract, the Customer shall be granted a period of 30 days to secure their data via the dashboard export function. After expiration of this period, all customer data shall be irrevocably deleted, unless statutory retention obligations exist. (5) Terminations must be in text form (email is sufficient).

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§ 11 Liability

(1) The Provider shall be liable without limitation for damages arising from injury to life, body, or health based on an intentional or negligent breach of duty by the Provider, as well as for damages attributable to intent or gross negligence. (2) In the event of slightly negligent breach of material contractual obligations (cardinal obligations), the Provider’s liability is limited to the foreseeable damage typical for this type of contract. Material contractual obligations are those whose fulfillment is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely. (3) The Provider’s liability for slightly negligent breach of non-material contractual obligations is excluded. (4) Subject to the provisions in paragraphs 1 and 8, the Provider’s liability is limited to the amount of fees paid by the Customer in the twelve months preceding the event giving rise to the damage. (5) Exclusion of Indirect Damages and Lost Profits: To the extent permitted by law, the Provider’s liability for indirect damages, consequential damages, lost profits, lost savings, loss of business opportunities, loss of data (to the extent not covered by the Provider’s backup obligations), reputational damages, and damages from business interruption is excluded. This applies regardless of whether the Provider was advised of the possibility of such damages. This exclusion does not apply to damages arising from injury to life, body, or health, nor to damages caused by intent or gross negligence. (6) The Provider shall not be liable for damages incurred by the Customer or third parties due to the Customer’s content configuration of the AI agents. This includes, in particular:
  • Unfair competition law violations (e.g., impermissible telephone advertising pursuant to § 7 UWG)
  • Data protection violations due to unlawfully collected or used contact data
  • Misleading, false, or otherwise unlawful statements by the AI agents attributable to the Customer’s configuration
  • Damages from contacting persons for whom no sufficient legal basis exists
(7) The foregoing limitations of liability also apply in favor of the Provider’s employees, agents, and vicarious agents. (8) Liability under the Produkthaftungsgesetz (Product Liability Act) remains unaffected.

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§ 12 Warranty

(1) The Provider warrants the contractual provision of the Platform in accordance with the service description. (2) The Customer shall report defects to the Provider in writing immediately upon discovery. (3) The Platform uses AI models for generating natural language content. The Provider assumes no warranty for the accuracy, completeness, or appropriateness of the content generated by the AI. (4) Comprehensive Warranty Exclusion for Results, Data Quality, and Conversation Quality: The Provider assumes no warranty for:
  • The achievement of specific business results (e.g., a specific number of appointments, a specific conversion rate, a specific reachability rate, or a specific revenue increase)
  • The reachability of the Contact Persons uploaded by the Customer (e.g., due to invalid telephone numbers, unreachability, voicemail forwarding)
  • The quality, naturalness, or persuasiveness of AI-generated conversation conduct
  • The accuracy, completeness, or currency of data processed or displayed via the Platform — including data originating from third-party services
  • The uninterrupted availability of voice quality, latency, or connection stability — as these depend on external factors (telecommunications infrastructure, network quality, behavior of the Contact Person)
  • The suitability of the Platform for a specific business purpose or a specific industry
The Customer acknowledges that the results of Platform usage depend significantly on the quality of the contact data provided by the Customer, the configuration of the AI agents, and external market conditions. The Provider is not responsible for business decisions made by the Customer based on data obtained through the Platform. (5) Warranty Period: The Customer’s warranty claims shall become time-barred within twelve (12) months from the provision of the respective service or from knowledge of the defect, to the extent permitted by law and to the extent that statutory provisions do not preclude such shortening. This does not apply to claims arising from injury to life, body, or health, to claims based on intent or gross negligence, or to claims arising from fraudulent concealment of a defect. (6) Notification Obligation for Damage Claims: The Customer is obligated to notify the Provider of damage claims — regardless of the legal basis — in writing or in text form within twelve (12) months after the Customer becomes aware of the damage and the event causing the damage. Failure to provide timely notification does not result in forfeiture of the claim but may be considered in the assessment of any contributory negligence. Statutory limitation periods remain unaffected. This notification obligation does not apply to claims arising from injury to life, body, or health, or to claims based on intent or gross negligence.

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§ 13 Confidentiality

(1) Both parties undertake to treat all confidential information of the other party obtained in the course of the contractual relationship as confidential and to use it only for the purposes of contract performance. (2) This obligation shall continue after termination of the contract and shall end three years after the contract ends. (3) The confidentiality obligation does not apply to information that:
  • Was already publicly known at the time of disclosure
  • Becomes publicly known after disclosure without fault of the receiving party
  • Was already known to the receiving party prior to disclosure
  • Is disclosed to the receiving party by a third party without a confidentiality obligation
  • Must be disclosed due to statutory obligations or official orders

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§ 14 Amendments to the GTC

(1) The Provider is entitled to amend these GTC with effect for the future, provided that the amendment is reasonable for the Customer, taking into account the interests of the Provider. Amendments that materially restrict the Provider’s main performance obligations or increase the agreed fees require the Customer’s express consent. (2) The Provider shall inform the Customer of amendments to the GTC by email at least 30 days before they take effect. The amendment notification shall contain the amended provisions in full wording and shall identify the changes compared to the previous version. (3) If the Customer does not object to the amendment in text form within 30 days of receipt of the amendment notification, the amended GTC shall be deemed accepted. The Provider shall separately and prominently draw the Customer’s attention in the amendment notification to the significance of the 30-day period, the right to object, and the legal consequences of silence. (4) If the Customer objects to the amendment, the contract shall continue under the previous conditions. If the continuation of the contract under the previous conditions is unreasonable for the Provider, either party is entitled to terminate the contract with 30 days’ notice to the end of the current billing period.

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§ 15 Force Majeure

(1) Neither party shall be liable for the non-performance or delayed performance of its contractual obligations to the extent that such non-performance or delay is attributable to force majeure. Force majeure includes, in particular:
  • Natural disasters (earthquakes, floods, storms)
  • Epidemics, pandemics, and quarantine measures
  • Wars, armed conflicts, acts of terrorism, insurrections
  • Strikes, lockouts, and labor disputes (to the extent not limited to the affected party)
  • Official orders, embargoes, sanctions
  • Large-scale outages of telecommunications infrastructure, the internet, or energy supply
  • Cyberattacks (DDoS attacks, ransomware), to the extent that the affected party has taken appropriate security measures
  • Outages of essential third-party providers (e.g., cloud infrastructure, telecommunications providers) over which the affected party has no control
(2) The party affected by force majeure shall immediately inform the other party about the occurrence of the event, the expected duration, and the countermeasures taken. (3) For the duration of the force majeure event, the affected performance obligations shall be suspended without this constituting a breach of contract. The affected party shall make all reasonable efforts to minimize the effects of the event and to resume performance as soon as possible. (4) If a force majeure event continues for more than 60 consecutive days, either party is entitled to terminate the contract with 14 days’ notice to the end of the month. In this case, payments already made for services not rendered shall be refunded on a pro rata basis. (5) Periods of unavailability due to force majeure shall not be taken into account when calculating availability pursuant to § 4 and shall not give rise to any entitlement to SLA credits pursuant to § 4 para. 4.

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§ 16 Final Provisions

(1) The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). With respect to customers domiciled in the European Union, the mandatory provisions of the respective national law shall remain unaffected. (2) The exclusive place of jurisdiction for all disputes arising from and in connection with this contract shall be — to the extent permitted by law — Munich, Germany. The Provider is also entitled to bring action against the Customer at the Customer’s general place of jurisdiction. (3) Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by such valid and enforceable provision that most closely approximates the economic purpose of the invalid or unenforceable provision. (4) No oral side agreements exist. Amendments and supplements to this contract require text form. (5) The contractual language is German. In the event of contradictions between different language versions, the German version shall prevail.
Another Side Ventures Free Zone LLC Al Shohada Road, Ras Al Khaimah, UAE As of: March 2026