Information: This document is a translation from the german language. The original German document is authoritative.
1. Scope, Changes
1.1. The present general terms and conditions (hereinafter referred to as "GTC") regulate the contractual relationship between us, Playn Solutions AG, Ausstellungsstrasse 114, 8005 Zurich (hereinafter referred to as "Playn Solutions") and our customers (hereinafter referred to as "client") the use of the PlaynVoice service. They apply in their current version at the time the contract is concluded.
1.2. Deviating terms and conditions do not apply to the concluded contracts, even if Playn Solutions has not expressly objected to them. If the parties make agreements that deviate from these General Terms and Conditions, these take precedence over the provisions of these General Terms and Conditions in case of doubt. Deviating agreements must be in text form to be effective.
1.3. Playn Solutions reserves the right to change these terms and conditions for ongoing contractual relationships if this becomes necessary due to changes in the law, supreme court decisions or market conditions. In this case, Playn Solutions will be informed of the planned changes by email. The e-mail is accompanied by the terms and conditions, highlighting the planned changes. The client has the option of objecting to the planned changes within 14 days of receipt of the email. If the customer does not make use of the possibility of objection within the period, the changes are deemed to have been tacitly accepted. The client will be expressly informed of this legal consequence in the corresponding e-mail. If the customer objects to the changes, Playn Solutions is entitled to prematurely terminate the contract extraordinarily.
2. Service Description
2.1. The provider's AI telephone service automatically answers incoming calls by processing caller inquiries using artificial intelligence (AI), responding to them using a language assistant and passing on given answers and information to questions.
2.2. The service can be designed by the client to receive and answer calls according to the criteria specified by the customer, such as opening hours. The customer has access to an overview of the incoming calls and the processed requests. This is accessible via the web portal: www.playnvoice.com. However, Playn Solutions does not guarantee that the service will be continuously available.
2.3. The PlaynVoice service includes the following functionalities:
2.3.1. Call forwarding: PlaynVoice automatically answers incoming calls and forwards them to the appropriate employees or departments, depending on the customer's needs.
2.3.2 Carrying out reservations and bookings: PlaynVoice is able to accept reservations or bookings for the client and to automatically integrate them into his system. The integration is not a mandatory part of PlaynVoice and will only be implemented/activated at the request of the client.
2.3.3. Answering Questions: PlaynVoice is able to answer questions and share information provided in response to individual questions.
2.3.4 Sending of SMS according to the client's specifications: The AI telephone service is able to send SMS messages to the client's callers, which are automatically created and sent according to the client's specifications.
2.3.5 The transcription of the spoken word during the call into text and the provision of this text via the web portal: www.playnvoice.ai.
2.4 A so-called "Large Language Model" is used to provide the service, which subsequently does not allow Playn Solutions to control the specific formulation and content of answers. The use of a specific language style is not part of the scope of the service.
2.5 If the caller speaks unclearly, with accents or in dialect, or if there is background noise during the call, this can have a negative impact on the transcription, resulting in errors in the content. The correct transcription of the spoken word is not part of the scope of the service.
3. Term and Termination
3.1. The client can book the service for a period of 12 months or for one month. After the booked contract period has expired, the booking is automatically extended by the booked period, provided that the client has not previously terminated the contract.
3.2 The customer is obliged to pay the agreed fees for booking the service at the agreed time of payment. The fees are to be paid in advance.
3.3 The termination must be declared to the other party at least in text form. When booking for one year, the notice period is one month before the end of the contract period. When booking for a month, the notice period is seven days before the end of the contract period.
3.4 Termination of the contract before the end of the contract period is only possible for good cause. An important reason exists in particular if one party violates essential obligations under the contract. There is no important reason if the service has not been available for less than one day within a month.
4. Reachability
4.1 The provider does not guarantee that the service will be continuously available. The service may be temporarily unavailable during regular maintenance work. Playn Solutions will inform the client of such a planned restriction of accessibility in good time in advance.
4.2. Playn Solutions does not guarantee that the service will be continuously available outside of maintenance work. If there is a disruption of more than 20 minutes within one day outside of maintenance work, the client is entitled to compensation. The amount of compensation due is calculated as follows:
4.1.1 Failure of 20 - 180 minutes within one day: Compensation of 3% of the monthly fee.
4.1.2. Failure of 3 - 6 hours within one day: Compensation of 5% of the monthly fee.
4.1.3. Failure of 6 - 24 hours within a month: Compensation of 10% of the monthly fee.
4.1.4. Failure of 1 - 3 days within a month: Compensation of 20% of the monthly fee.
4.1.5. Failure of 3 - 5 days within a month: Compensation of 30% of the monthly fee.
4.1.6. Failure of 5 - 10 days within a month: Compensation of 50% of the monthly fee.
4.1.7 Failure of more than 10 days within a month: Compensation of 100% of the monthly fee.
5. Customer Obligations
5.1 The client may only use PlaynVoice for business activities. It is forbidden to use the service for illegal or immoral purposes or transactions or those that violate the rights. To assess illegality, the law of the Swiss Confederation and the country in which the customer is based must be taken into account. In particular, the use of the service for sexual services such as prostitution is prohibited.
5.2. The client is obliged to provide the provider with all necessary information and data to enable the proper provision of the service. The client is also responsible for ensuring that they have sufficient internet connection to use the service.
5.3. The information that the AI can pass on to callers is made available to them by the client. The client is obliged to enter this text himself via the web portal: www.playnvoice.ai. Playn Solutions is not obliged to do this for the client. Playn Solutions does not check entries for accuracy or completeness.
6. Data Protection
With regard to the processing of personal data, the client is the “responsible person” within the meaning of Article 4 No. 7 GDPR and Playn Solutions is the “processor” within the meaning of Article 4 No. 8 GDPR. An order processing contract is concluded between the parties in accordance with Article 28 GDPR.
7. Service Level Agreement
With regard to the type and scope of maintenance work and the response times by Playn Solutions support, a service level agreement will be concluded at a later date, which regulates the mutual rights and obligations in this regard.
8. Additional function SMS Notification
8.1. PlaynVoice offers the option of contacting callers via SMS after the call and sending them further links or a summary of the call. The client is solely responsible for processing the telephone number and obtaining consent to receive the content ordered by the client using the service discussed here. PlaynSolutions assumes no liability in this context.
8.2. In particular, the client undertakes to comply with the applicable regulations on consumer protection, competition law, telecommunications law, data protection law and other relevant regulations and, in this context, not to include any sensitive data or data that violates the privacy of persons in the content of the message.
8.3. The client undertakes to Playn Solutions in this context:
Not to send an SMS to a recipient who may be harmed by the sending of this SMS. Not to harass or mislead the recipient of the SMS in any way. Should PlaynSolutions receive a complaint about the sending of messages that violate these regulations, PlaynVoice may request that the client provide proof within 48 hours that the recipient of the message has consented to receive advertising from them. If no such proof is received within 48 hours, PlaynVoice reserves the right to terminate the contract with the client without notice.
9. Liability
9.1. Playn Solutions has unlimited liability for intent and gross negligence. In the case of simple negligence, Playn Solutions is only liable for damage resulting from injury to life, limb and health and the breach of a material contractual obligation (obligation whose fulfillment is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely ).
9.2. In the event of a simple negligent breach of essential contractual obligations, the liability of Playn Solutions is limited to the foreseeable, typically occurring damage.
9.3. Playn Solutions assumes no liability for any errors made during the speech-to-text transcription of the service.
9.4. Playn Solutions assumes no liability for errors in content made by the client when entering information and also no liability for the answers of the AI.
9.5. Playn Solutions assumes no liability in the event that the manner in which the service offered or parts of it are used by the client violate competition, telecommunications or related rights.
9.6. Otherwise the liability of Playn Solutions is excluded.
9.7. The above limitations of liability also apply to the legal representatives and vicarious agents of Playn Solutions
10. Final Provisions
10.1. The law of the Swiss Confederation applies exclusively to the contractual relationship, excluding the UN sales law.
10.2. Should individual provisions of these GTC, including this provision, be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. Instead of the invalid or missing provisions, the respective statutory regulations apply.
10.3. The place of jurisdiction for all disputes arising from and in connection with contracts concluded with the inclusion of these General Terms and Conditions is at the registered office of Playn Solutions.
