General Terms and Conditions

These General Terms and Conditions (GTC) apply to all contracts for the use of the Software-as-a-Service offerings (hereinafter “Service” or “Software”) provided by baoo Technologies GmbH (hereinafter also “homie”) under the “homie” brand, which customers book online in self-service.

The Service is aimed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB) (commercial or self-employed professional users). Consumers (§ 13 BGB) are excluded from the offering.

Terms of the customer that deviate from, conflict with or supplement these GTC shall only apply if homie has expressly agreed to their validity in writing.

homie provides the customer with cloud-based software that enables customers to operate and manage AI-supported assistants on their own websites (e.g. online shops) (e.g. product advice/guided selling, project advice, support answers).

The provision is made as SaaS via data centres operated or commissioned by homie. Access is enabled via a JavaScript/iFrame snippet for integration on the target page as well as via a dashboard for configuration and analysis.

The scope of functions, limits (e.g. message quotas) and any additional services result from the package selected at the time the contract is concluded as well as the applicable price list/service overview.

A customer account must be registered in order to use the Service. The customer warrants that all information is complete and accurate and that changes will be updated without delay.

The contract is concluded via a click/self-service procedure: (a) select package, (b) choose payment cycle, (c) enter payment details, (d) actively confirm the GTC and place a “binding order subject to payment”. homie confirms the conclusion of the contract by email.

The customer is responsible for administering their own user accounts (access rights, passwords, de-/provisioning).

The customer can choose between packages with different scopes of service and limits (e.g. monthly message quotas).

Unused quotas expire at the end of the billing month. Excess consumption is charged additionally in accordance with the price list (e.g. per additional 1,000 messages).

Fair use: Excessive, abusive or automated use (e.g. spam/attacks) is prohibited. homie may deploy appropriate protective mechanisms (rate limiting, captcha, blocking).

If homie grants a free trial period, this ends automatically on the specified date. If the customer does not switch to a paid package by then, access will be blocked or downgraded.

During the trial period, the scope of the Service may be reduced.

The remuneration is based on the selected package and the payment cycle: monthly, quarterly or annually. All prices are net plus statutory VAT.

Billing is carried out in advance for each selected billing period; excess consumption is billed in arrears. Invoices are provided electronically.

Permitted payment methods (e.g. credit card) are displayed during the ordering process. In the event of default of payment, homie is entitled to temporarily block access after prior notice; the payment obligation remains in place.

Price changes: homie may adjust prices with 30 days' notice with effect from the end of the month. The customer may terminate with effect from the end of the month before the change takes effect (cf. section 7).

Payment processing is carried out via various payment providers depending on the selected platform. For direct bookings via homie AI, processing is carried out via Stripe Payments Europe, Ltd. In this case, the customer confirms that their business model does not violate Stripe's terms of use, in particular that it does not belong to the business categories excluded by Stripe (stripe.com/restricted-businesses). For bookings via third-party platforms (e.g. Shopify), the payment and terms of use of the respective platform apply. In the event of a violation of applicable terms of use, homie is entitled to block access immediately.

The contract runs for an indefinite period and is continuously renewed as long as the customer does not terminate it.

Ordinary termination: The customer may terminate the contract at any time with effect from the end of the respective billing period. For monthly payment at the end of the month, for quarterly payment at the end of the current quarter, for annual payment at the end of the current year. Termination is carried out via the homie platform (dashboard).

No refund for periodic advance payment: For quarterly or annual payment, there is no proportionate refund of fees already paid; access remains in place until the end of the respective billing period already paid for.

Extraordinary termination remains reserved for both parties for good cause (e.g. continued default of payment, serious breach of these GTC, unauthorised use).

homie aims for a monthly availability of 99.9%. Excluded from this are (a) announced maintenance windows, (b) circumstances outside homie's sphere of influence (e.g. DDoS, third-party outages), (c) disruptions within the customer's sphere (e.g. internet access, systems, faulty integration).

Maintenance work will – as far as possible – be carried out outside normal business hours and announced in advance.

In the event of a significant shortfall in availability, the customer is entitled to an appropriate credit in the amount of the proportionate remuneration for the affected period. Further claims are governed by section 12.

Support is provided within the scope of the respective package description (e.g. response times, channels).

For the duration of the contract, the customer receives a simple (non-exclusive), non-transferable and non-sublicensable right to use the software to the agreed extent.

The customer may only use the software as intended. Reverse engineering, decompilation or other interventions are – unless permitted by law – prohibited. Protective notices, trademarks and copyright notices may not be removed.

Subject to a differing written agreement, homie does not process personal data of the customer as a processor. If the customer nevertheless enters or provides personal data, this is done under the customer's own responsibility; the customer ensures that they are entitled to do so.

If processing on behalf within the meaning of Art. 28 GDPR does become necessary, the parties will conclude a data processing agreement (DPA) in advance.

homie processes customer-related data in tenant-separated data areas. Further information (e.g. server locations, TOMs) can be found in the privacy policy and attached appendices.

Both parties treat the confidential information of the other party as strictly confidential and only use it to fulfil the contract.

Unlimited liability exists for damage resulting from intent and gross negligence, for damage resulting from injury to life, body or health, under the Product Liability Act, and where a guarantee has been assumed.

In the case of slightly negligent breaches of duty, homie is only liable for the breach of essential contractual obligations (cardinal obligations), limited to the foreseeable damage typical for the contract.

Liability for lost profits, loss of production, business interruption, data loss or indirect damage is – subject to section 12.1 – excluded.

homie may further develop the Service (e.g. add/replace functions), provided that this does not impair the essential purpose of the contract.

homie will notify changes to the GTC at least 30 days before they take effect. If the customer does not object and continues to use the Service, the changes are deemed approved. The customer may terminate with effect from the end of the month before the changes take effect.

The customer complies with applicable law, in particular export/sanctions regulations, data protection and competition law.

The following are prohibited in particular: illegal content, infringement of third-party rights, use for high-risk scenarios without appropriate controls, overload attacks, manipulation or circumvention of security mechanisms.

The applicable law is the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for all disputes arising from or in connection with this contract is – provided the customer is a merchant – Cologne.

Written/text form: Legally relevant declarations can be made in text form (e.g. email), unless a stricter form is expressly required.

Severability clause: Should any provision be invalid, the validity of the remaining provisions remains unaffected. In place of the invalid provision, a regulation that comes closest to the economic purpose shall be deemed agreed.