1. Scope and offer
1.1 Applicability of these Terms
These Terms and Conditions ("Terms") apply to all services rendered by EchoCall LLC (hereinafter "Provider" or "we") to customers. The offer is directed exclusively at merchants within the meaning of § 14 BGB (German Civil Code), legal entities under public law, or special public-law funds (B2B). Consumers within the meaning of § 13 BGB are excluded from use.
1.2 Formation of contract
The Provider makes its services available via the website echocall.de. By ordering and paying for a package, the customer agrees to these Terms.
After successful payment processing, the customer receives by email:
- Invoice
- These Terms of Use
- Data Processing Agreement (DPA)
- Access credentials via Magic Link (password-free)
1.3 Deviating terms
Deviating or supplementary terms proposed by the customer only become part of the contract if confirmed by the Provider in writing. This applies in particular to individual agreements in the Enterprise segment.
1.4 Right of withdrawal (NOT applicable)
Important: Since the Provider renders exclusively B2B services and the customer is a commercial customer, the provisions of German distance-selling law (§ 312 BGB) and the 14-day right of withdrawal do not apply. All contracts are final upon payment confirmation.
2. Subject matter and description of services
2.1 Scope of services — consulting and SaaS
EchoCall LLC provides integrated services consisting of professional consulting and support services (approx. 70% of the scope of services) and the provisioning of the SaaS platform (approx. 30% of the scope of services):
A. Consulting and services (core service)
- Strategic and technical consulting: analysis, recommendations, architecture, optimization
- Onboarding and implementation: project management, setup, integration, data migration
- Training: administrator training, end-user training, documentation
- Support and maintenance: technical support, troubleshooting, optimization
- Dedicated manager (optional): personal account manager, business reviews
B. SaaS platform (tool)
- Voice agents (automated telephony powered by EchoCall-Voice AI)
- Chat agents (automated text conversation powered by EchoCall-Smart AI)
- Hybrid Smart Chat (combined solutions)
- Dashboard management (EchoCall Hub)
- Integrations and workflows
- Reporting and analytics
2.2 Description of services and documentation
The precise functional scope of the SaaS platform is documented on the website echocall.de.
The Provider reserves the right to update this documentation. Material changes will be communicated to the customer.
2.3 Service Level Agreements (SLA)
Standard Support — included free of charge:
- Availability: weekdays 09:00-17:00 CET
- Communication channel: email via team@echocall.de
- Support types: general inquiries, troubleshooting, documentation
Premium Support (SLA) — optional add-on:
- Guaranteed response times for critical issues
- Prioritized handling of support tickets
- Direct contact with technical specialists
- Phone support
- Proactive monitoring
2.3.3 Platform availability
The Provider aims for 99.9% platform availability. This is a target, not a guaranteed service commitment. The Provider is not liable for downtime caused by maintenance work, force majeure, or issues with sub-processors.
3. Pricing and payment terms
3.1 Pricing model
Current prices are documented at https://echocall.de. Prices are stated in Euro (EUR) plus applicable taxes.
3.2 Fee models
The customer may choose from the following models:
- Per session/chat: billed by actual conversations
- Per minute: minute-precise billing for voice agents
- Package models: 3, 6, or 12 months with tiered terms
3.3 Payment terms — prepayment
Payment in advance: All payments are made in advance. The product is activated only after successful payment confirmation. The customer immediately receives:
- Invoice copy
- These Terms and the DPA
- Access credentials via Magic Link
4. Termination and contract term
4.1 Termination
The customer may terminate their subscription with one month's notice, effective at the end of a billing period. Termination is done via the "Cancel" button in the EchoCall Hub or by email to team@echocall.de.
4.2 Contract terms
- 3-month package: automatically renews for 3 months unless cancelled 1 month in advance
- 6-month package: automatically renews for 6 months unless cancelled 1 month in advance
- 12-month package: automatically renews for 12 months unless cancelled 1 month in advance
4.3 Termination by the Provider
The Provider may terminate the contract for cause if:
- The customer seriously breaches these Terms
- The customer uses the service for illegal or harmful purposes
- The customer is at least 30 days in arrears with payments
5. Data protection and data security
5.1 Privacy Policy
The Provider processes personal data in accordance with the Privacy Policy at https://echocall.de/datenschutz.
5.2 Data processing
Insofar as the customer processes personal data, the Data Processing Agreement (DPA) applies. The customer is responsible for the legal compliance of their own data processing.
5.3 Sub-processors
The Provider uses the following sub-processors:
- EchoHubTTS-eu: text-to-speech, voice cloning (EU servers)
- Ionos: server hosting (Germany, France)
- N8N: workflow automation (self-hosted on Ionos)
- Google Analytics: website analytics only (not customer data)
- Stripe: payment processing (credit card, SEPA)
- PayPal (optional): alternative payment method
The Provider has data processing agreements in place with all sub-processors.
6. AI models and proprietary model development
EchoCall LLC has developed proprietary AI models:
- EchoCall-Voice: for telephony agents
- EchoCall-Smart: for chat agents
These models are included as standard in all packages at no extra cost.
Model use and training data
EchoCall LLC improves its models through machine learning using anonymized conversation data:
- No customer personal data (names, addresses, emails, phone numbers)
- Legal basis: Art. 6(1)(f) GDPR (legitimate interest)
- The customer can disable this feature in the EchoCall Hub
Optional external AI models
The customer may optionally use:
- Google Gemini
- GPT-4 and GPT-5
- DeepSeek
7. Liability and warranty
7.1 Exclusion of liability
The Provider is not liable for:
- Indirect damages (lost profits, loss of business, data loss)
- Damages caused by force majeure or external circumstances
- Damages caused by misuse or breach of these Terms
7.2 Total liability
Limitation of liability: The Provider's total liability is limited to the previous month's fees, capped at EUR 5,000.
8. Contact and legal notice
EchoCall LLC
5830 E 2nd St Ste 7000
Casper, WY 82609, USA
team@echocall.de
+49 3221 2619023
9. Severability clause
Should any provision of these Terms be invalid, the remainder shall remain valid. The parties undertake to replace the invalid clause with a valid one that most closely reflects its intent.
10. Governing law and jurisdiction
These Terms are governed by the substantive law of the State of Wyoming (USA), with full application of the GDPR and German data protection law.
For disputes: place of jurisdiction is Berlin (for customers in Germany/EU).
