Terms of Service (ToS)

Last updated: October 2025 - Version 1.0

1. Scope of Application

1.1 These Terms of Service (“ToS”) govern the contractual relationship between mii ventures GmbH, Regerstraße 70a, 22761 Hamburg, Germany (hereinafter “Provider”), and its business customers, in particular insurance intermediaries, brokers, financial advisors, banks, and savings banks (hereinafter “Customer”), who use the AI-powered telephone service (“AI Agent”) for appointment scheduling.

1.2 Deviating, conflicting, or supplementary terms and conditions of the Customer shall only become part of the contract if the Provider expressly agrees to their validity in text form.

1.3 Any side agreements, assurances, or amendments to these ToS must be made in text form. This also applies to any waiver of the text form requirement.

2. Subject Matter of the Contract and Scope of Services

2.1 The Provider offers the Customer a cloud-based platform through which an automated voice system (“AI Agent”) contacts the Customer’s existing clients by telephone to arrange appointments. To deliver these services, the Provider relies on specialized technical infrastructure providers (Sub-Processors) that are contractually bound to comply with GDPR-level data protection and security standards. An up-to-date list of these Sub-Processors, including their purpose, location, and legal basis for data transfer, is available here.

2.2 The scope of services includes, in particular: (a) outbound calls to existing customer datasets as instructed by the Customer, (b) dialog management for appointment scheduling, (c) transfer of appointment information to the Customer through agreed interfaces, (d) optional sending of SMS or email reminders via the above infrastructure.

2.3 The following are expressly not included: (a) advisory services, (b) sales activities, (c) legal information, (d) contractual modifications. The AI Agent serves exclusively for organizational appointment scheduling.

2.4 The Provider may perform services in whole or in part through qualified third parties. Responsibility for service quality remains with the Provider.

3. Customer Obligations

3.1 The Customer is responsible for ensuring that any contact with data subjects (clients) is lawful, including compliance with Section 7 of the German Act Against Unfair Competition (UWG) regarding unsolicited advertising, as well as any industry-specific regulations.

3.2 The Customer guarantees that all data provided is accurate, up to date, and free of blocking notes or objections (e.g., Robinson lists or internal do-not-call lists).

3.3 The Customer must inform its end clients in accordance with Article 13 of the GDPR about the intended telephone contact by a digital assistant and must document this accordingly.

3.4 The Customer shall not transmit any special categories of personal data within the meaning of Article 9 of the GDPR.

4. Data Protection, Data Security, and Data Processing Agreement

4.1 The Provider processes personal data exclusively based on documented instructions from the Customer and solely for appointment scheduling.

4.2 The parties shall enter into a separate Data Processing Agreement (DPA) in accordance with Article 28 GDPR. The current version of the DPA is available here.

4.3 The Provider implements appropriate technical and organizational measures (TOMs) as required by Article 32 GDPR, including encryption, role-based access control, logging, hardening of the cloud environment, and confidentiality obligations.

4.4 To provide its services, the Provider uses specialized Sub-Processors that are contractually bound to comply with the GDPR and maintain adequate security and confidentiality. An up-to-date list of these Sub-Processors, including information about their purpose, location, and legal basis for international data transfers, is publicly available here. The Provider will notify Customers of significant changes (e.g., new or replaced Sub-Processors) at least 14 days before they take effect. Customers may object to such changes on reasonable grounds of data protection.

4.5 The Provider stores call logs, conversation metadata, and technical log data for the duration of the Customer’s active use of the service, insofar as this is necessary for the provision, traceability, and quality assurance of the service. After termination of the contractual relationship, such data will be deleted within 30 days unless statutory retention obligations apply. Data backups are renewed regularly, and older versions are automatically overwritten.

5. AI Transparency and Call Conduct

5.1 At the beginning of each call, the AI Agent clearly identifies itself as a digital voice assistant (transparency obligation pursuant to Article 50 of the EU AI Act).

5.2 The AI Agent states the name of the commissioning Customer and the purpose of the call (appointment scheduling with existing clients for customer service or contract updates, without advisory or sales intent).

5.3 Deviations from approved call scripts or deactivation of the transparency announcement are prohibited.

6. Usage Rights and Intellectual Property

6.1 The Customer is granted a simple, non-transferable right to use the platform for the term of the contract. All rights to software, models, prompts, scripts, and documentation remain with the Provider.

6.2 Decompilation, reverse engineering, or the development of competing products is prohibited unless expressly permitted by law.

6.3 The Customer grants the Provider the right to process necessary technical metadata (e.g., logs) during the contractual term for the operation, security, and quality assurance of the service.

7. Service Level and Availability

7.1 The Provider strives to ensure high platform availability (typically 99.5% per calendar month). Maintenance windows will be announced in advance whenever possible.

7.2 In the event of service disruptions, the Provider shall inform the Customer without undue delay and take appropriate measures to remedy the issue.

7.3 The Provider guarantees a level of care consistent with current technical standards; however, a specific success rate (e.g., number of appointments booked) is not guaranteed.

8. Fees and Payment

8.1 Fees are determined by the agreed pricing model (e.g,. per call, per successful appointment, or per time package) plus applicable VAT.

8.2 Payments are processed via Paddle.com, which acts as the Merchant of Record. Customers may pay via credit card, bank transfer, or PayPal.

8.3 Invoices are payable within 14 calendar days. In the event of a delayed payment, the Provider may suspend access to the service.

8.4 The Customer may only assert a right of retention for undisputed or legally established claims.

8.5 Refunds are processed in accordance with the currently valid Refund Policy. This is part of these Terms of Service.

9. Liability

9.1 The Provider shall be liable for intent and gross negligence. In the case of simple negligence, liability shall be limited to breaches of material contractual obligations (“cardinal obligations”) and to the foreseeable, typical damage.

9.2 Liability for lost profits, indirect damages, or data loss (if not preventable by appropriate TOMs) is excluded to the extent permitted by law.

9.3 The Customer is responsible for the legality of its contact-related instructions and datasets and shall be liable for any violations of data protection or competition law arising from its sphere.

10. Term, Termination, and Suspension

10.1 The contract runs for an indefinite period and automatically renews for the selected billing period (e.g., monthly or annually). The Customer may terminate the contract up to and including the last day of the current billing period, effective at the end of that period.

10.2 The right to terminate for good cause remains unaffected.

10.3 In the event of severe or repeated violations of these ToS or in case of payment default, the Provider may temporarily suspend access to the service. The suspension will be lifted once the breach has been remedied or payment has been received.

11. Confidentiality

11.1 Both parties shall treat business and trade secrets as confidential.

11.2 This obligation shall remain in force even after the termination of the contract.

12. Amendments to the Terms of Service

12.1 The Provider may amend these ToS to adapt to legal, technical, or economic developments.

12.2 The Customer will be notified of any changes by email at least 14 days in advance. If the Customer does not object in text form within this period, the amendments shall be deemed accepted.

12.3 In the event of an objection, the Provider may terminate the contract effective as of the date the amendments would have entered into force.

13. Final Provisions

13.1 German law applies; the exclusive place of jurisdiction is Hamburg, Germany.

13.2 Should any provision of these ToS be or become invalid, the validity of the remaining provisions shall not be affected.

13.3 Any amendments to these ToS must be made in text form.