Terms of Service

These Terms govern all contracts for the use of the "Sailly" AI phone assistant between Sailly, Alter Weg 70, 53773 Hennef, Germany ("Provider") and entrepreneurs within the meaning of Sec. 14 German Civil Code ("Customer"). The service is offered to businesses only, not to consumers.

The Provider makes an AI-powered phone assistant available as software-as-a-service that answers incoming calls, processes requests (e.g. appointment and reservation enquiries) and hands results over to the Customer's systems. The specific scope of functions results from the selected plan as described at www.sailly.de/preise.

The contract is concluded upon the Provider's order confirmation or activation of the service. Any free or discounted trial period ends automatically unless converted into a paid subscription.

The prices agreed at the time of contract conclusion apply, plus statutory VAT. Usage-based fees (call minutes) are billed monthly in arrears. Invoices are due within 14 days without deduction. In the event of default, the Provider may temporarily suspend the service after prior notice.

The contract runs for an indefinite period and may be terminated by either party with one month's notice to the end of a calendar month, unless agreed otherwise. The right to extraordinary termination for good cause remains unaffected. Termination requires text form.

The Provider aims for a monthly average service availability of 99%. Announced maintenance windows, disruptions within the sphere of third parties (in particular telephony and network providers) and force majeure are excluded.

The Customer provides the information required for setup (e.g. opening hours, menus, appointment rules, phone numbers) in a timely and accurate manner, keeps access credentials confidential and informs its callers, where legally required, about the use of an AI assistant and any recordings.

Where the Provider processes personal data on behalf of the Customer, the parties conclude a data processing agreement pursuant to Art. 28 GDPR. Processing takes place on servers in the EU. Details are set out in the privacy policy at www.sailly.de/datenschutz.

The Provider is liable without limitation for intent and gross negligence and for injury to life, body and health. In cases of simple negligence, the Provider is only liable for breach of essential contractual obligations, limited to the foreseeable damage typical for the contract and capped at the fees paid by the Customer in the preceding twelve months. Liability under the German Product Liability Act remains unaffected. AI-generated conversation content may contain errors; the Customer remains responsible for reviewing business-critical transactions.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction, where legally permissible, is Bonn, Germany. Should individual provisions of these Terms be invalid, the validity of the remaining provisions remains unaffected. The German version is authoritative.