The subject of these GTC are services provided by the provider within the PULSE ecosystem (e.g. PULSE, PULSEBASE, PULSEDC and associated modules, integrations and services) to customers who are not consumers within the meaning of Section 13 BGB. § 13 BGB.
These GTC and any provisions laid down in an individual contract shall apply exclusively. Conflicting or deviating terms and conditions of the customer shall not apply, not even implied by unconditional provision of services.
The Provider is entitled to amend these GTC with a reasonable period of notice. Amendments shall become effective if the customer does not object within one month of receipt of the notification of amendment and the provider has pointed out the right of objection and the deadline. Regulations on essential contractual obligations are excluded from the right of amendment.
The registration form (pulse.99bots.ai) or other registration request completed by the customer on the portal page constitutes a binding application to conclude a contract for the services listed. The contract is concluded upon acceptance by the provider, at the latest upon provision of the service.
Offers made by the provider are subject to change unless designated/confirmed as binding in writing. Deadlines are only binding if confirmed as such in writing.
The contractual services are set out in the product and order pages current at the time the contract is concluded or in the individual contract. The PULSE ecosystem is offered in the following editions:
Demo (free of charge; test/evaluation purposes), Explore, Professional and Enterprise (for a fee; different functional scope and support level according to the product description).
The Provider may change or discontinue unpaid services ("Demo" plan) at any time, even in part; legitimate interests of the Customer shall be taken into account appropriately and - insofar as technically possible and reasonable - communicated in advance.
The provider provides the services 24/7/365 ("system runtime") and guarantees an annual availability of 99% (SLA). Necessary maintenance work and associated outages shall be announced in good time where possible; planned maintenance times shall not be counted towards the SLA. The provider is not responsible for Internet/network-related outages and disruptions outside the provider's sphere of influence (force majeure, third-party fault, etc.).
The services are offered in a subscription model (SaaS). The minimum term and price model are specified in the offer/plan.
The subscription is automatically renewed for the agreed term if it is not canceled in due time. Unless otherwise agreed, the notice period is 4 weeks to the end of the term.
Termination options:
In-app: "Plan settings → Activated plan" (effective at the end of the current period).
By e-mail: to kuendigung@99bots.de (please enter your subscription ID). Cancellation by e-mail can only be made from a registered and validated e-mail address. Cancellations via other e-mail addresses or communication channels are invalid.
Billing periods that have already begun will not be reimbursed on a pro rata basis unless otherwise provided for by mandatory law or a deviating agreement.
At the end of the term, the account can switch to a restricted/read-only mode. Data export is possible until final deletion (see section 12).
For the term of the contract, the provider shall grant a simple, non-transferable, non-sublicensable, geographically unlimited right to use the object of performance within the scope of the purpose of the contract. This also applies to new versions/updates/upgrades; the provision of new versions is only absolutely necessary to rectify defects.
Any use, duplication, downloading or making available to third parties that goes beyond the purpose of the contract is not permitted.
The customer shall indemnify the provider and vicarious agents against third-party claims resulting from unlawful use of the services by the customer (in particular data protection, copyright, trademark and other rights violations) and shall inform the provider immediately if a violation is imminent or recognizable.
The provider processes personal data in accordance with the GDPR and German data protection law. The current privacy policy is available under Privacy Policy .
The customer is responsible for the legal basis of its data processing (e.g. information/consent of data subjects).
If the provider processes personal data on behalf of the customer, the parties shall conclude an agreement on commissioned processing in accordance with Art. 28 GDPR (DPA). In this relationship, the customer is the controller and the provider is the processor.
In the case of integrations with third-party providers (e.g. messenger/telecommunications, email or cloud services), their data protection provisions shall also apply; the customer shall ensure that the necessary agreements (e.g. standard contractual clauses) are in place, where applicable.
In the case of free services (Edition "Demo"), there is no obligation to rectify defects.
In the case of paid services, defects shall be remedied at the provider's discretion by providing a change status (e.g. update/upgrade) or bypassing the error.
Liability for defects shall be excluded if the customer/third parties modify or interfere with services in an unauthorized manner or use them contrary to the contract/documentation and this is the cause of the defect.
Services free of charge ("Demo" edition): Liability only for intent, fraudulent intent, gross negligence or absence of a guaranteed characteristic; claims for injury to life, limb or health and under the Product Liability Act remain unaffected.
Paid services: In the event of intent/gross negligence (including on the part of representatives/agents) and in the case of guaranteed characteristics, the provider shall be liable in accordance with the law. In the event of slight negligence, the provider shall only be liable for breach of essential contractual obligations (cardinal obligations), limited to the foreseeable, typical damage. Liability is otherwise excluded; the above exceptions (life, body, health; product liability) remain unaffected.
Data loss: In the event of slight negligence, the provider shall only be liable if the damage would have occurred even if the customer had backed up the data properly and regularly (at least daily on its own systems).
Special note on AI/LLM-based services: The PULSE ecosystem uses artificial intelligence, in particular Large Language Models (LLMs). Output may be probabilistic, contain errors (e.g. incomplete, outdated or factually incorrect content) or exhibit hallucinations. The customer remains responsible for the technical examination, plausibility check and approval of the results and may not use them as the sole basis for decision-making without appropriate checks. To the extent permitted by law, the provider assumes no liability for the accuracy/completeness of the content of the outputs generated by KI/LLMs; mandatory liability (in particular intent, gross negligence, injury to life, limb, health, product liability) remains unaffected.
Remuneration and details can be found on the provider's current price/product page or in the individual contract.
Prices are net prices plus statutory VAT. The provider is authorized to issue invoices electronically. Invoicing is carried out in accordance with the selected payment method.
Third-party fees (e.g. from Meta/WhatsApp for conversations, possibly differentiated by initiator) are not explicitly passed on to the customer, but they can be included in the number of conversations, as the token consumption is correspondingly higher.
Invoices are due immediately and payable without deduction; default occurs 14 days after the due date and receipt. In the event of default, the provider may charge default interest in accordance with Section 288 (2) BGB; further claims remain unaffected.
If the customer (a) is in arrears with payment or a not insignificant part thereof for two consecutive months or (b) for more than two months with an amount equivalent to one month's payment, the provider may block access; the right to terminate the contract without notice for good cause remains unaffected.
Offsetting is only permitted with undisputed, recognized or legally established counterclaims. A right of retention shall only exist from the same contractual relationship.
Price adjustment: The provider can adjust the usage fee for the first time after 12 months, (i) as part of a general adjustment or (ii) on the basis of the consumer price index (CPI) of the Federal Statistical Office. Adjustment on the basis of the CPI is based on the percentage change from October n-2 to October n-1:
new fee = (index October n-1 / index October n-2) × current basic price; n = year of price change.
Negative changes do not lead to a reduction in prices. Price increases from service providers (Cloud, LLM, Meta, telephony) can be passed on. Adjustments apply from the next invoice; unless otherwise agreed, the usage fee is charged monthly in advance.
Unless otherwise agreed, the minimum contract term - depending on the plan - is at least one month for the Explore plan and at least 12 months for the Professional or Enterprise plan; can be terminated at the end of the term with a notice period of 14 days before expiry. If the contract is not terminated in due time, it will be extended by the agreed minimum contract term.
Cancellation via the function provided by the provider in the user profile under plan settings or via the alternative communication channels in text form (e-mail).
The right to extraordinary termination without notice for good cause remains unaffected.
If the account is completely deleted, the associated customer data is automatically deleted. The customer is responsible for backing up their data on their own systems before deletion.
The Provider shall provide technical, software-based support for the Customer's communication via independent third-party channels, e.g. WhatsApp Business API, other messengers, email, SMS, voice/telephony, web chat, in accordance with the service description.
Setting up and operating the third-party services required for this (e.g. accounts, telephone numbers, trunks) are part of the scope of services; the provider maintains the necessary contractual relationships with the respective operators. Disruptions to these services or configuration changes may cause interruptions; in such cases, the provider shall endeavor to restore the function as soon as possible.
If telephone numbers are required for use (e.g. WhatsApp/telephony), these shall be provided by the provider. The customer shall ensure that any existing own telephone numbers are forwarded to the numbers provided by the provider and shall set up the necessary forwarding.
The customer shall provide suitable receiving/forwarding addresses for e-mail channels (e.g. postfach@kunde.com). Outgoing e-mails are sent from the provider's systems to a sender address provided by the provider (e.g. kunde@99bots.ai).
The web chat is to be integrated by the customer into the websites intended by the customer. The provider shall provide a suitable code snippet and integration instructions for this purpose.
Both parties shall treat confidential information of the other party confidentially and use it only for the fulfillment of the contract.
Exceptions: publicly known information, lawful knowledge, statutory/regulatory disclosure obligations.
The provider may use subcontractors and shall be liable for their performance as for its own actions.
Information in product/order pages, brochures and other documents is for descriptive purposes only and does not constitute a guarantee (in particular no guarantee of quality); guarantees must be made expressly in writing.
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for all disputes arising from and in connection with the contractual relationship is - as far as permissible - the registered office of the provider. Alternatively, the provider may sue the customer at the customer's general place of jurisdiction.
Should individual provisions of this contract including these GTC be/become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected; the statutory provisions shall apply.
The provider is entitled to use the customer's company name and logo for reference/PR purposes. The customer may object to this use at any time.
(as at: 20.08.2025)