Terms and conditions

Servus KI

Publisher: HerzensApp GmbH, Raiffeisenstraße 54, 8010 Graz, Austria. Referred to throughout this document by the product name "Servus KI".

Status: 09.07.2025

1. Scope, parties, order of precedence

1.1 These terms govern the conclusion, content and performance of all contracts for the use of Servus KI, including additional services such as the provision of phone numbers, call forwarding, transcription, call summaries, SMS notifications and integrations into third-party systems.

1.2 Servus KI is aimed exclusively at entrepreneurs within the meaning of § 1 of the Austrian Commercial Code. Consumers are excluded from the offering.

1.3 Order of precedence of the contractual documents: (a) individually signed offers, order forms or service descriptions, (b) these terms, (c) the current privacy policy for Servus KI, (d) other accompanying product documents.

1.4 Differing terms of the customer do not apply unless Servus KI has expressly agreed to them in writing.

2. Description of the service and its use

2.1 Servus KI is an AI phone assistant provided as software as a service. The service can automatically answer incoming and, where legally permitted, outgoing calls, recognise requests, ask for information, optionally transfer calls, organise callbacks, produce transcripts and call summaries and, where configured, send SMS.

2.2 The service is provided through dedicated phone numbers made available for use by Servus KI, or through customer-side forwarding to such numbers. Integrations such as calendar, CRM or helpdesk systems can be connected. The specific scope of functions follows from the respective configuration and service description.

2.3 Dashboard and customer portal: Servus KI provides a dashboard giving a transparent overview of incoming calls to the numbers provided. Depending on the configuration this shows, among other things, time, duration, status, destination number, caller number, technical metadata, transcripts, call summaries and, where legally permitted and activated, call recordings. Export functions are available subject to availability.

2.4 Servus KI may only be used for its intended purpose. Unlawful advertising calls, aggressive commercial practices, misleading communication and other breaches of applicable law, in particular of § 107 of the Austrian Telecommunications Act or of professional and confidentiality duties, are not permitted.

2.5 Beta, test and demo functions may be provided. They are supplied without any availability or performance commitments and may not be used in production unless expressly agreed.

3. Conclusion of contract, onboarding and acceptance

3.1 Contracts are concluded either by signing an offer, by electronic acceptance in the customer portal or on the website, or by first use following written confirmation by Servus KI.

3.2 Depending on the package, onboarding covers setting up the phone numbers, basic configuration, prompt or knowledge base setup, test runs and an introduction. On successful onboarding, acceptance is deemed granted unless the customer notifies substantiated defects within 5 working days.

3.3 Servus KI may reject applications without giving reasons, in particular where there are compliance risks or arrears from earlier contractual relationships.

4. Availability, maintenance, support

4.1 Target availability: 99.9 per cent as a monthly average. Excluded are planned maintenance, announced changes, force majeure and failures of networks, carriers or third-party providers outside the control of Servus KI.

4.2 Maintenance takes place outside normal business hours where possible and is announced in advance. Emergency maintenance may be carried out at any time.

4.3 Support: basic requests are included with annual plans. Services beyond that are billed at a separately agreed hourly rate for each hour begun. Response and resolution times depend on the support level chosen.

5. Prices, billing, payment

5.1 Prices and scope of services follow exclusively from individually agreed offers. All fees are exclusive of statutory VAT.

5.2 Billing may be usage based per call minute begun, or a flat rate under a subscription (whichever is cheaper). Minutes begun are billed in 60-second increments.

5.3 The standard is prepaid use through a payment service provider. The customer tops up a balance and fees are debited on an ongoing basis. When the balance is used up, the service may pause automatically until it is topped up. Alternatively, billing by invoice is possible where expressly agreed: monthly with a monthly term, or as an annual invoice in advance with an annual term.

5.4 Setup fees, project-specific services and individual configurations are charged separately.

5.5 Price changes for recurring services are announced with reasonable notice. In the event of substantial increases the customer has a special right of termination effective on the date of the change.

5.6 Unless agreed otherwise, payments are due within 7 days of the invoice date. In the event of default, statutory default interest and reminder fees apply. Servus KI is entitled to suspend services if payment is in default.

6. Lawful use, consent, announcements

6.1 The customer is responsible for the lawfulness of their use and obtains any consent required, in particular for call recording, outbound contact or sending SMS. Where booked, Servus KI provides standard notices or announcements. Responsibility for content and use lies with the customer.

6.2 The customer ensures that professional, official, confidentiality and sector rules are complied with. Where special requirements apply, the customer remains responsible for compliance.

6.3 The customer indemnifies Servus KI against third-party claims arising from unlawful use of the service or use in breach of contract.

7. Data processing, data protection, data locations

7.1 The current privacy policy for Servus KI applies. It describes roles, purposes, data categories, recipients, retention periods, security measures and data transfers.

7.2 By default, processing takes place within the EU or the EEA. An EU-only configuration is available. The use of optional third-party providers, for example for text to speech, may involve different data locations. These components can be deactivated or replaced and are described in the privacy policy.

7.3 Where Servus KI acts as a processor, a separate data processing agreement is concluded.

8. Content, phone numbers

8.1 The customer is responsible for content they provide, such as prompts, knowledge bases, number lists or contact texts, and grants Servus KI the rights of use required to perform the contract.

8.2 Phone numbers are provided for use exclusively by Servus KI. These numbers remain in the portfolio of Servus KI or of the carrier used and are made available to the customer only for the duration of the contractual relationship. There is no entitlement to have them passed on or transferred.

8.3 To protect against misuse, Servus KI may apply protective mechanisms such as limits or filters and may block connections or temporarily suspend the service where there is a suspicion of security issues or misuse.

9. Intellectual property, rights of use

9.1 Servus KI and all its components remain the intellectual property of Servus KI or of the entitled third-party providers. The customer receives a simple, non-transferable and non-sublicensable right of use for the duration of the contract in accordance with the service description.

9.2 Reverse engineering, penetration testing without prior written consent, load testing, copying or deriving source code, circumventing security mechanisms and use for building competing services are prohibited.

10. Warranty, liability

10.1 Servus KI is operated with the care customary in the industry. No guarantee is given for recognition or transcription accuracy, the availability of external networks, carrier services or third-party APIs.

10.2 In the event of defects, Servus KI primarily provides remedy. If the remedy fails after a reasonable period, the customer may, depending on severity, demand a price reduction or terminate for good cause.

10.3 Servus KI is liable without limitation for intent and for personal injury. For gross negligence Servus KI is liable under the statutory rules. For slight negligence Servus KI is liable only for breach of material contractual duties and limited in amount to the fees paid by the customer in the 6 months before the damage occurred. Liability for lost profit, indirect damage and loss of data is excluded unless mandatory statutory provisions provide otherwise.

10.4 Mandatory statutory claims remain unaffected.

11. Term, termination, suspension

11.1 Contract models: (a) pay as you go: no minimum term, monthly billing by usage. (b) monthly term with monthly billing: minimum term 1 month, automatic renewal for 1 month at a time. (c) annual term with annual billing: minimum term 12 months, automatic renewal for 12 months at a time. The fee for the entire term is payable in advance; monthly billing is not offered with the annual model.

11.2 Ordinary termination and renewal: pay as you go can be terminated at any time to the end of the month without notice. The models under 11.1(b) and (c) can be terminated no later than 1 week before the end of the respective term. If no timely termination is given, the contract renews automatically for the term stated in 11.1.

11.3 Extraordinary termination: extraordinary termination for good cause is possible on both sides, in particular in the event of a serious breach of contract or of the law, sustained payment delay or an unreasonable security situation.

11.4 Suspension: Servus KI may temporarily suspend services where payments fail to arrive despite a reminder, where significant security risks exist, or where there is reasonable suspicion of unlawful use.

11.5 Additional services and balance: additional and usage-based services such as SMS or comparable services are billed separately against a previously topped-up balance, independently of the contract model chosen. Fees for these additional services are debited from the balance according to usage. If the balance is used up, the affected additional services may pause automatically until it is topped up. The customer may optionally authorise automatic top-ups. This rule applies to all models under 11.1.

12. Return and deletion of data

12.1 At the end of the contract, Servus KI makes the data held for the customer available for download in a common format on written request, as far as technically reasonable.

12.2 After the end of the contract, customer data is deleted in line with the periods stated in the privacy policy. Statutory retention obligations remain unaffected.

13. Changes to the terms and to the services

13.1 Servus KI may adapt these terms and the service descriptions for objective reasons, for example due to changes in the law, security requirements or product development. Changes are announced by email at least 30 days in advance. If the customer does not object before the effective date, the changes are deemed accepted. The right to object is pointed out separately. Where there are material disadvantages, the customer has a special right of termination.

14. Confidentiality, references

14.1 Trade and business secrets are to be treated confidentially. This duty continues beyond the end of the contract.

14.2 Servus KI may name the customer as a reference, including name and logo. The customer may object at any time with effect for the future. Detailed case studies are published only after prior approval.

15. Force majeure

15.1 Events outside the reasonable control of a party, such as natural events, war, strikes or failures of power, networks or third-party providers, release that party from its performance obligations for the duration of the disruption. Payment obligations remain unaffected.

16. Assignment, subcontractors

16.1 Rights and obligations under the contract may only be assigned with the written consent of the other party. Servus KI may engage suitable subcontractors and remains responsible for their performance.

17. Compliance, export, sanctions

17.1 The customer confirms that they are not subject to sanctions and will not use the services in sanctioned countries or through sanctioned organisations. Export control requirements must be observed.

18. Final provisions

18.1 Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.

18.2 Place of jurisdiction is Graz, as far as permissible. Place of performance is Graz.

18.3 Changes and side agreements must be made in writing. Email is sufficient unless a stricter form is expressly required.