Legal

Terms of Service

of VebiSoft (Vebi Fejzuli, Korb) for ChatBlitz · Last updated: May 2026

⚠ The German AGB is the legally binding version. This English translation is provided for convenience only.

§ 1 Scope

(1) These Terms of Service govern the contractual relationship between VebiSoft, owner Vebi Fejzuli, Ernst-Heinkel-Straße 14, 71404 Korb (the "Provider") and the customer (the "Customer") regarding the provision of the WhatsApp-AI-Assistant "ChatBlitz" as software-as-a-service.

(2) Conflicting or supplementary terms of the Customer do not become part of the contract unless the Provider expressly consents in writing.

(3) The Provider's offering is exclusively directed at businesses within the meaning of § 14 BGB (German Civil Code) and legal entities under public law. Contracts with consumers are excluded.

§ 2 Contract Formation

The contract becomes effective upon confirmation of registration by email. A free trial lasts seven (7) days. After the trial, the contract continues under the selected monthly or annual plan and may be terminated with 14 days' notice to the end of the billing period. Without termination, the contract renews automatically.

§ 3 Service Description

⚠ WhatsApp Business Platform (Meta) — important notice: Use of WhatsApp features is provided via the WhatsApp Business Platform / Cloud API and is subject to Meta's terms, policies, approval processes, quality ratings and technical availability. ChatBlitz cannot guarantee the approval of WhatsApp Business Accounts, message templates, or uninterrupted availability of Meta's services. Customers are solely responsible for lawful communication, obtaining required end-user consent, and complying with all applicable requirements. ChatBlitz supports only lawful customer communication — spam or unauthorised mass messaging is strictly prohibited.

(1) The Provider grants the Customer access to the ChatBlitz platform, which enables:

connecting the Customer's WhatsApp Business Account via the official Meta WhatsApp Cloud API;
automated replies to incoming WhatsApp messages by an AI-based assistant;
management of conversations, configurations and statistics through a web dashboard;
optional integrations with third-party systems (e.g. calendars, CRM).

(2) Replies are generated by an AI model (Azure OpenAI, Frankfurt region) based on the Customer's configured instructions and conversation context. The Provider does not warrant the accuracy of individual AI replies. The Customer is responsible for reviewing and configuring the assistant.

(3) The Provider targets 99.5% annual uptime for its own platform components. Calculation is based on monthly availability of the web app and webhook endpoints. Excluded are:

scheduled maintenance windows (announced at least 48 hours in advance by email);
disruptions, limits or outages of relevant third-party providers, in particular Meta Platforms (WhatsApp Business Platform / Cloud API), Microsoft Azure (OpenAI Service), Supabase and Vercel — the Provider's liability is limited to § 8 of these Terms;
regulatory or contractual restrictions imposed by Meta (e.g. suspensions for breach of WhatsApp Business Policies, template rejections, rate limits, quality-rating downgrades);
force majeure.

The Provider does not assume any availability commitment for these third-party services; service credits apply only to the Provider's own components and only if monthly availability falls below 95% (pro rata credit).

(4) The Provider may continually develop and update the software, provided that the functional scope is not materially restricted.

§ 4 Customer Obligations

(1) The Customer is solely responsible for compliance with the WhatsApp Business Terms of Service and the WhatsApp Business Messaging Policy, including provisions on opt-in / opt-out, template approvals and quality ratings.

(2) The Customer ensures that, for every end-user phone number contacted via ChatBlitz, a sufficient legal basis exists under § 7 UWG (German Unfair Competition Act — protection from unreasonable harassment, in particular express written consent), Art. 6 GDPR and, where applicable, Art. 9 GDPR, and is able to demonstrate this on request.

(3) The Customer is independently responsible for applying for, maintaining and complying with WhatsApp message-template approvals issued by Meta as well as for using the correct message categories (Marketing, Utility, Authentication, Service). The Provider does not warrant approval of individual templates by Meta.

(4) The Customer warrants that messages sent via ChatBlitz do not violate applicable law, third-party rights or WhatsApp policies. Spam, misleading content, sexual content, gambling, betting/casino content and content violating youth-protection laws are prohibited.

(5) The Customer is responsible for the correct configuration of the AI assistant. In particular, the Customer must ensure that the bot does not issue legally binding statements that have not been expressly authorised and does not provide individual legal, tax or medical advice.

(6) The Customer must inform end-users about the use of ChatBlitz and AI-generated replies both in their own privacy policy and at the start of every conversation (see § 10 — AI transparency).

(7) In case of breach, the Provider may suspend access to the platform with immediate effect. Claims for damages are reserved.

§ 5 Fees and Payment

(1) Applicable prices are those in the contract or the current price list on chatblitz.de. Unless stated otherwise, prices are end prices under § 19 UStG (small-business regulation) without VAT.

(2) Fees are charged monthly in advance and due net within 14 days of invoicing.

(3) On default, the Provider may charge statutory default interest and suspend access until outstanding amounts are paid in full.

(4) Any additional WhatsApp Business Platform charges (Meta Conversation Charges) are borne by the Customer unless agreed otherwise.

§ 6 Term and Termination

The contract runs monthly and renews automatically unless terminated with 14 days' notice to the end of the billing period. Both parties retain the right to extraordinary termination for cause. Termination must be in text form (e.g. email).

§ 7 Data Processing Agreement

(1) Where the Provider processes personal data on behalf of the Customer (in particular end-user data), the parties enter into a Data Processing Agreement (DPA) under Art. 28 GDPR.

(2) The pre-formulated DPA supplied by the Provider is a mandatory and automatic part of this contract and is deemed concluded upon contract formation without requiring a separate signature. Use of the platform without an effective DPA is not permitted.

(3) The Customer is the sole controller per Art. 4(7) GDPR for end-user personal data processed via ChatBlitz. With regard to the WhatsApp Business Platform, Meta Platforms Ireland Ltd. acts as an independent controller, not as a processor; the Customer accepts Meta's terms directly.

(4) A current list of sub-processors is published in the dashboard and the privacy policy. Changes are announced with reasonable notice; the Customer's right to object applies within the statutory limits.

§ 8 Liability

(1) The Provider is liable without limitation for intent and gross negligence and for injury to life, body or health.

(2) For slightly negligent breach of essential contractual duties, liability is limited to foreseeable damages typical for this type of contract. Otherwise, liability is excluded.

(3) For data loss, the Provider is liable only to the extent that proper backup by the Customer would not have prevented the loss. The Customer is obligated to perform regular backups.

(4) The Provider is not liable for outages and delays caused by force majeure or third-party providers (in particular Meta WhatsApp Cloud API, Microsoft Azure, Vercel, Supabase).

(5) Liability under the German Product Liability Act remains unaffected.

§ 9 Data Protection

Details on the processing of personal data are set out in our Privacy Policy. Instructions for deletion are available at Data Deletion.

§ 10 AI Transparency and Human Handoff (AI Act)

(1) The Customer is informed that ChatBlitz is an AI system within the meaning of Regulation (EU) 2024/1689 (AI Act). Replies to end-users are generated wholly or predominantly by a generative language model.

(2) Pursuant to Art. 50 of the AI Act, the Customer is obligated to inform end-users in a clear and understandable manner that they are interacting with an AI system. For this purpose, ChatBlitz automatically surfaces a notice at the start of every conversation, e.g.:

"Notice: You are initially communicating with an AI assistant. A human can take over when needed."

(3) The Customer must ensure human handoff within a reasonable time. The escalation keywords, pause durations and notification channels configured in the bot settings must be chosen and kept up to date by the Customer.

(4) The Customer will configure the bot so that it does not support prohibited practices within the meaning of Art. 5 of the AI Act (in particular social scoring, manipulation of vulnerable persons, real-time biometric identification).

§ 11 Special / sensitive data, regulated professions

(1) ChatBlitz is not designed by default for the processing of special categories of personal data under Art. 9 GDPR. This includes health data, professional-secrecy data of lawyers and notaries (§ 203 StGB), data of tax advisors and auditors, insurance and claims data with a health context, biometric and genetic data.

(2) Use of ChatBlitz to process such data is permitted only on the basis of a separate written agreement between the Provider and the Customer. That agreement covers, among other things, a supplementary DPA with professional-secrecy protection (e.g. under § 203 StGB), the permitted knowledge-base configuration, sub-processors and additional technical and organisational measures.

(3) Without such a supplementary agreement, use of the bot to collect, process or disclose sensitive data is prohibited. The Customer must clearly instruct end-users not to submit such data via the bot.

(4) In case of breach of paragraph (3), the Customer bears sole data-protection responsibility and indemnifies the Provider against third-party claims (including regulatory fines).

§ 12 Venue and Governing Law

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The exclusive venue for all disputes arising out of or in connection with this contract is Waiblingen, where the Customer is a merchant, a legal entity under public law, or a special fund under public law.

§ 13 Changes to the Terms

The Provider may amend these Terms with 30 days' email notice. Absence of objection within that period constitutes acceptance.

§ 14 Severability

Should individual provisions of these Terms be or become invalid, the remaining provisions remain in effect. The invalid provision is replaced by the applicable statutory rule.