Brandmize

Legal

Terms of Service

For the Brandmize platform · As of July 2026

Provider

Brandmize, owner: Tamer Hamouri-Linden
Stresowstraße 7, 13597 Berlin, Germany
VAT ID (Section 27a German VAT Act, UStG): DE461364212
Email: info@brandmize.net

This English text is a convenience translation. In the event of any discrepancy, the German version prevails (§ 16).

§ 1 Scope, Business Customers

  1. These General Terms and Conditions (the "Terms") govern all agreements between the Provider and its customers regarding the use of the "Brandmize" software-as-a-service platform (the "Platform"), available at app.brandmize.net.
  2. The offering is directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law. Contracts with consumers (Section 13 BGB) are excluded. By registering, the Customer confirms that it is acting in the exercise of its commercial or independent professional activity.
  3. Conflicting or deviating terms of the Customer do not become part of the contract unless the Provider expressly consents to their application in text form.
  4. Individual agreements (e.g. framework agreements, enterprise agreements, separate order forms or SLAs) take precedence over these Terms to the extent expressly agreed.

§ 2 Subject Matter of the Contract

  1. The Platform provides AI-powered communication and sales tools as a cloud service, in particular:
    1. AI voice assistants for inbound and outbound telephony (including the provision of phone numbers via third-party providers),
    2. AI chat assistants for messaging channels (including WhatsApp Business, Instagram, Facebook Messenger),
    3. a central inbox, contact and lead management, and a CRM,
    4. calendar integrations (including Google Calendar, Microsoft Outlook, Cal.com),
    5. analytics and reports (call logs, usage reports),
    6. a knowledge base for configuring the assistants.
  2. The specific scope of functions results from the package booked in each case, in accordance with the schedule of services and prices in effect at the time the contract is concluded (the "Price List").
  3. What is owed is the provision of the Platform in its respective current version. There is no entitlement to the retention of individual functions or interfaces, provided that the change is reasonable for the Customer having regard to its interests and that the contractually essential scope of services is preserved.
  4. The Provider may designate functions as beta or preview features. These are provided without warranty as to availability or freedom from defects and may be changed or discontinued at any time.

§ 3 Registration, Account and Access Credentials

  1. Use requires the registration of a customer account. The information requested during registration must be provided truthfully and completely; changes must be updated without undue delay.
  2. The contract is concluded once the Customer completes the registration process, verifies its email address via the confirmation link sent, and the Provider activates the account. The Provider reserves the right to refuse registrations without stating reasons.
  3. Access credentials must be kept secret and protected against access by third parties. The Customer must notify the Provider without undue delay if there are indications of misuse of the account. The Platform offers two-factor authentication; its activation is strongly recommended.
  4. Actions carried out via the Customer's account are attributed to the Customer, unless the Customer is not responsible for the misuse.
  5. The account is non-transferable. Where the booked package provides for multiple users, sub-accounts may only be assigned to the Customer's employees and agents.

§ 4 Free Trial and Time-Limited Demo Activations

  1. The Provider may grant new customers a free trial (currently 14 days). The trial ends automatically; no payment obligation arises unless the Customer actively books a paid package. No credit card is required for the trial.
  2. At its sole discretion, the Provider may grant individual customers time-limited, free demo activations of individual paid functions or additional services (e.g. as part of promotions or for evaluation). Such activations
    1. are voluntary additional services to which there is no entitlement,
    2. apply only for the period and scope communicated in each case,
    3. may be ended or not extended at any time without stating reasons,
    4. establish no entitlement to permanent or renewed activation and no payment obligation of the Customer, unless expressly agreed otherwise.
  3. After a trial or demo activation expires, the functions concerned are deactivated. Data created within those functions remains stored for a reasonable period and becomes accessible again upon booking the corresponding package.

§ 5 Remuneration, Payment, Credit Balance

  1. Remuneration is governed by the Price List in effect at the time of booking. It may be composed of:
    1. recurring package prices (monthly or annual, depending on the package chosen),
    2. usage-based charges (e.g. per conversation conducted or per qualified contact) according to the billing unit set out in the Price List,
    3. charges for additional services (e.g. additional phone numbers, additional users).
  2. All prices are exclusive of the applicable statutory value-added tax, unless otherwise indicated in the Price List. The currency indicated in the Price List is decisive.
  3. Payment is made via the payment service provider Stripe using the stored payment method. Usage-based charges may be settled against a prepaid credit balance; the Customer may activate automatic top-up (auto-replenishment), whose threshold and top-up amounts it sets itself and may change at any time.
  4. Invoices or payment receipts are provided electronically.
  5. In the event of default in payment, the Provider is entitled, after prior notice, to block access to paid functions until all amounts due have been settled. Statutory default rights (Sections 286 et seq. BGB) remain unaffected.
  6. The Provider will announce price changes for existing subscriptions in text form at least six weeks before they take effect. If the price increases, the Customer may terminate the affected subscription extraordinarily as of the date the change takes effect; this will be pointed out in the announcement.

§ 6 Customer Obligations; Lawful Use of AI Communication

  1. The Customer is solely responsible for the legal admissibility of its communication via the Platform. In particular, it undertakes:
    1. to conduct promotional phone calls and messages only with the necessary consents (in particular Section 7 of the German Act Against Unfair Competition (UWG); for consumers, express prior consent; for other market participants, at least presumed consent),
    2. to appropriately document and retain consents in accordance with Section 7a UWG,
    3. to comply with the transparency obligations of the EU AI Act (Article 50 of Regulation (EU) 2024/1689); in particular, the notices provided by the Platform indicating that interlocutors are interacting with an AI system may not be deactivated, removed, or obscured,
    4. to use only contact data that it has lawfully collected and is permitted to use,
    5. to comply with the requirements of the connected platforms (including the Meta/WhatsApp Business policies and the Twilio Acceptable Use Policy), including any opt-in requirements of the respective channels,
    6. not to submit any content or configure AI assistants in such a way that the rights of third parties are infringed or that unlawful, misleading, or discriminatory content is disseminated,
    7. not to use the Platform for emergency calls or time-critical hazard communication.
  2. The Customer ensures that configurations (system prompts, workflows, knowledge base) contain no trade secrets of third parties, no unlawful content, and no data that it is not authorized to process.
  3. The Customer will not use the Platform abusively; in particular, it will not introduce malware, will not perform automated bulk access outside the intended functions, and will not circumvent security mechanisms.
  4. Indemnification: The Customer indemnifies the Provider against all third-party claims (including reasonable legal defense costs) that are based on a culpable breach of the obligations under this § 6, unless the Customer is not responsible for the breach.
  5. In the event of serious or repeated violations, the Provider is entitled, after prior notice (or, in the case of imminent danger, without notice), to temporarily block individual functions or the account. The right to extraordinary termination remains unaffected.

§ 7 Third-Party Services, Channels and Phone Numbers

  1. Parts of the Platform rely on third-party services, in particular: telephony and phone numbers (Twilio), voice AI (ElevenLabs), language models (Microsoft Azure OpenAI Service), messaging channels (Meta: WhatsApp Business, Instagram, Messenger), calendars (Google, Microsoft, Cal.com), and payment processing (Stripe).
  2. The availability and functional scope of these third-party services are outside the Provider's sphere of control. If third-party providers change their services, interfaces, or terms, this may affect the functional scope of the Platform; the Provider will make reasonable efforts to adapt affected functions or to offer equivalent alternatives.
  3. Additional terms of the third-party providers, which the Customer accepts in its own name (e.g. the Meta platform terms), may apply to the use of individual channels. Phone numbers are obtained via third-party providers; there is no entitlement to a specific phone number.

§ 8 Availability and Maintenance

  1. The Provider provides the Platform with a target availability of 99% on a monthly average at the handover point (data center exit). Excluded from this are: announced maintenance windows, disruptions of third-party services (§ 7), force majeure, and circumstances for which the Customer is responsible. Any service level beyond this is owed only if separately agreed.
  2. Maintenance work that may lead to interruptions will, where possible, be announced by the Provider in good time and carried out preferably outside normal business hours.

§ 9 Data Protection, Processing on Behalf, Data Backup

  1. Where the Customer processes personal data via the Platform (e.g. contact and conversation data of its end customers), the Customer is the controller under data protection law; the Provider acts as a processor. For this purpose, the parties conclude a data processing agreement pursuant to Article 28 GDPR (provided on request), which forms part of the contract. The subprocessors used are set out in the annex to the data processing agreement.
  2. Information on the processing of personal data by the Provider is contained in the Privacy Policy.
  3. The Customer is responsible for informing its end customers in accordance with Articles 13/14 GDPR (including any call recordings and AI processing) and for ensuring the necessary legal bases.
  4. The Provider performs regular backups of the platform data. Notwithstanding this, the Customer remains obliged to additionally back up data material to it, to a reasonable extent (e.g. via the export functions offered).

§ 10 Rights of Use, Customer Data, Feedback

  1. For the term of the contract, the Customer receives the non-exclusive, non-transferable, non-sublicensable right to use the Platform for its own business purposes within the booked scope. All further rights to the Platform, its software, and its content remain with the Provider or its licensors.
  2. Customer data remains the property of the Customer. The Customer grants the Provider the non-exclusive rights of use in the submitted content that are necessary for operating the Platform (hosting, processing, display, backup). Any use beyond this — in particular the training of AI models with customer data — takes place only to the extent separately agreed or permitted by law.
  3. If the Customer voluntarily provides feedback or suggestions for improvement, the Provider may use these without remuneration to improve its products.

§ 11 Warranty

  1. The statutory warranty rights apply, subject to the following provisos: For the free trial and free demo activations, the Provider is liable only in accordance with the statutory rules applicable to services provided free of charge.
  2. AI results: The Customer acknowledges that AI-generated content (conversation handling, summaries, transcripts, recommendations) is generated automatically and, despite careful system design, may be incorrect, incomplete, or inaccurate. It does not constitute legal, tax, or other professional advice. The Customer must appropriately review AI results before making business-critical decisions. No particular success rate (e.g. appointment or closing rates) is owed.
  3. Strict (no-fault) liability for initial defects pursuant to Section 536a(1) alt. 1 BGB is excluded.

§ 12 Liability

  1. The Provider is liable without limitation: for intent and gross negligence, for damage arising from injury to life, body, or health, under the German Product Liability Act, and to the extent of a guarantee assumed.
  2. In the event of a slightly negligent breach of material contractual obligations (obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely — "cardinal obligations"), liability is limited to the contract-typical damage foreseeable at the time the contract was concluded.
  3. Otherwise, liability for slight negligence is excluded. Liability under para. 2 is limited, in aggregate per contract year, to the remuneration paid by the Customer to the Provider in the twelve months preceding the event causing the damage.
  4. For the loss of data, the Provider is liable only to the extent that the damage would have arisen even with proper data backup by the Customer (§ 9 para. 4).

§ 13 Term, Termination, Consequences of Termination

  1. Paid subscriptions have the term set out in the Price List (monthly or annual) and are each renewed for the same term unless terminated with a notice period of 14 days (for monthly terms) or one month (for annual terms) to the end of the respective term. Termination is effected in text form or via the function provided for this purpose in the Platform.
  2. Free accounts (e.g. after the end of the trial) may be terminated by either party at any time without notice; the Provider may delete inactive free accounts after prior notice by email.
  3. The right to extraordinary termination for good cause remains unaffected. Good cause for the Provider exists in particular in the event of serious violations of § 6 or default in payment of a not insignificant amount despite a reminder.
  4. After the contract ends, the Provider makes the Customer's data available for 30 days via the existing export functions (e.g. CSV export). Thereafter, the customer data is deleted unless statutory retention obligations preclude this; backup copies are overwritten in the regular backup cycle.

§ 14 Support

  1. The Provider provides support for questions regarding the use of the Platform by email at info@brandmize.net. Support is staffed on business days (Mon–Fri, except nationwide public holidays) during normal business hours; responses are generally provided within one business day.
  2. Fixed response or restoration times are owed only if separately agreed (e.g. in an enterprise contract).

§ 15 Amendments to these Terms

  1. The Provider may amend these Terms with effect for the future, to the extent this is necessary due to changes in law, case law, changes in market conditions, or the further development of the Platform, and does not unreasonably disadvantage the Customer.
  2. Amendments will be announced to the Customer in text form (e.g. by email or notice in the Platform) at least six weeks before they take effect. If the Customer does not object within the announcement period, or continues to use the Platform after the amendments take effect, the amended Terms are deemed accepted; this will be separately pointed out in the announcement. If the Customer objects, either party may ordinarily terminate the contract as of the date the amendment takes effect.

§ 16 Final Provisions

  1. The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
  2. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Berlin, provided that the Customer is a merchant, a legal entity under public law, or a special fund under public law.
  3. The place of performance is the Provider's registered office (Berlin).
  4. Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.
  5. These Terms may be provided in further language versions; the German version prevails.