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 (SLA)
The Provider warrants 99.9% platform availability as a monthly average (Enterprise plans: 99.95%). Announced maintenance windows, outages caused by force majeure and disruptions outside the Provider's sphere of influence (e.g. on the customer's side, their network or systems provided by them) do not count as downtime.
If the committed availability is missed in a calendar month, the customer receives a service credit upon request (within 30 days after the end of the month, to team@echocall.de): 5% of the monthly fee per commenced 0.1 percentage points of shortfall, capped at 25% of the monthly fee of the affected month. The credit is offset against the next invoice; further claims arising from the shortfall are governed by section 7.
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 through the platform, the Data Processing Agreement (DPA) under Art. 28 GDPR applies. The DPA is available in full text and as a PDF at https://echocall.de/avv and becomes part of the contract upon registration. The customer is responsible for the legal compliance of their own data processing.
5.3 Sub-processors
The Provider engages vetted sub-processors under contracts pursuant to Art. 28(4) GDPR. The versioned sub-processor list is authoritative: the public overview by category and region at https://echocall.de/security, and the complete list with legal names and registered offices as confidential Annex 3 to the DPA in the customer area (hub.echocall.de, Settings, Compliance). The Provider gives at least 30 days advance notice of changes; the customer has the objection right set out in the DPA.
6. AI models and model profiles
EchoCall LLC provides its own tuned model profiles:
- EchoCall-Voice: for telephony agents
- EchoCall-Smart: for chat agents
These model profiles are included as standard in all packages at no extra cost. The customer can select additional model profiles in the dashboard. The default profiles EchoCall-Voice and EchoCall-Smart are EchoCall’s own models, operated exclusively on EchoCall’s own infrastructure in the EU; only they are covered by the DPA, TOM and TIA. Optional additional model profiles (e.g. of the GPT, Gemini, GLM and Qwen families) are operated by external model providers. Selecting them in the dashboard is the Customer’s own responsible decision: EchoCall gives no assurance of GDPR compliance for these profiles, does not guarantee processing in the EU and concludes no Standard Contractual Clauses with those providers; the Customer assesses the legal permissibility itself. Only the default profiles are to be used for privacy-sensitive applications.
No use of customer data for model training
Conversation content and customer data are not used to train AI models. The Provider uses aggregated, non-personal usage statistics to improve the platform (legal basis: Art. 6(1)(f) GDPR).
EU AI Act - classification and intended purpose
EchoCall LLC is the provider of the base system (EchoCall-Voice/EchoCall-Smart) within the meaning of Regulation (EU) 2024/1689 (EU AI Act). The customer is, as a rule, the deployer of the agent it configures.
Intended purpose: the platform is a communication front-end for interacting with end users (telephony, chat). It is NOT intended to make automated final decisions without human oversight on credit granting, insurance risk, or access to public/government services.
If the customer nevertheless configures the platform for such a high-risk purpose (Annex III AI Act), the customer thereby itself becomes the provider of that system, with the full statutory obligations (including risk management, data governance, technical documentation, logging, human oversight, EU registration). Those obligations, and the resulting liability, then rest with the customer, not with EchoCall LLC.
For the AI disclosure towards end users (Art. 50(1) AI Act), the Provider supplies ready-made disclosure building blocks in 74 languages; the chat widget shows an AI notice by default. As the deployer, the customer is obliged to activate the disclosure in its conversation design and keep it activated; the platform documentation provides guidance.
PartnerNet / white-label obligations
If a customer (reseller) resells the platform under PartnerNet using its own brand, logo, or branding, it may thereby itself become a provider within the meaning of the AI Act, depending on configuration (Art. 25(1)(a) AI Act). The specific information and support obligations of EchoCall LLC towards the reseller are governed by a separate reseller agreement.
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.
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).
