Terms & Conditions — PromptCall AI

Last updated: September 14, 2025

1. Agreement to Terms

These Terms & Conditions (“Terms”) govern the access to and use of PromptCall AI’s services and website (collectively, the “Services”) by the person or entity that accepts these Terms (“Client”). By activating, subscribing to, or using the Services you confirm that you have read, understand, and agree to these Terms. PromptCall AI may update these Terms from time to time; updated Terms will be published on the website and become effective on posting.

2. Services

PromptCall AI provides AI voice agents and related automation services that answer inbound calls, collect caller data, qualify leads, book and reschedule appointments, update client CRMs and calendars, and perform connected automations via third-party services (the “Services”). PromptCall AI uses third-party providers (including, but not limited to, Vapi, Make.com, Typeform, Google Meet, Stripe, Google Calendar, Calendly, Framer) as part of delivering the Services.

3. Eligibility / Business Status

You acknowledge PromptCall AI currently operates as an unregistered sole trader from a private address. By using the Services, Client confirms it is legally able to enter into and perform contractual obligations under these Terms.

4. Client Account, Registration & Access

4.1 Client must provide accurate registration information and keep it up to date.
4.2 PromptCall AI issues credentials or otherwise grants access to the Services. Client is responsible for keeping access credentials secure. PromptCall AI is not liable for misuse of login credentials.
4.3 Default user seat limits are discussed during onboarding (typically 1–3 authorized users unless otherwise agreed).

5. Fees, Billing & Payment

5.1 Pricing. Services are billed as (a) a one-time setup fee and (b) an ongoing monthly subscription for maintenance and hosting of the agent. Example pricing (illustrative): setup fee USD 1,000; monthly fee USD 500. Actual prices are set in the Service Agreement or invoice.
5.2 Payment processor & currency. Payments are processed via Stripe. Currency will generally be USD; transactions with EU partners may be billed in EUR.
5.3 Invoices & due date. Invoices are due within 10 days of issuance. If an invoice is not paid by the due date, PromptCall AI may suspend Services (see §24).
5.4 Automatic renewal / duration. Subscriptions remain active while the voice agent is in use. Subscriptions continue until terminated by the Client or PromptCall AI in accordance with these Terms. To cancel, Client must notify PromptCall AI in writing (e.g. email) and follow any cancellation process set out in the Service Agreement. Cancellation will take effect as agreed in the Service Agreement or on the next billing cycle if not stated otherwise.
5.5 Late payment & suspension. Overdue invoices may result in service suspension. Suspension for unpaid fees does not waive PromptCall AI’s right to payment or collection. PromptCall AI may charge reasonable collection costs.

6. Setup Guarantee & Refunds

6.1 30-day setup guarantee. For the initial setup fee, PromptCall AI offers a 100% money-back guarantee valid for 30 days following completion of the setup. The guarantee applies only to the setup fee (not to monthly subscription fees) and is available if PromptCall AI’s agent fails to deliver materially as agreed (e.g., agent does not answer calls as configured, persistent errors beyond a reasonable margin, or failure to perform core functions specified in the Service Agreement).
6.2 Claim procedure. To claim a refund the Client must: (a) provide written details of the alleged failure and examples; and (b) give PromptCall AI a reasonable opportunity (typically 7 business days) to correct the issue. If PromptCall AI cannot cure within that period, Client may request a refund of the setup fee. Refunds are not available for change of mind or disagreement once the agent has been accepted and configured to the Client’s specifications.
6.3 Exceptions. The guarantee does not apply where Client’s own inputs, third-party integrations or data provided by Client caused the failure, or where Client refused reasonable remediation.

7. Data, Recordings & Privacy

7.1 Data collection. Client data and call data may be collected by the Services. Client decides whether calls are recorded; PromptCall AI will enable recording only upon Client request. Client is responsible for informing callers and obtaining any required consents under applicable law. PromptCall AI will assist implementing an opening recorded notice if requested.
7.2 Data ownership. Client retains ownership of raw client data and call recordings collected on its behalf. PromptCall AI will not sell Client data.
7.3 License to PromptCall AI. Client grants PromptCall AI a non-exclusive, royalty-free license to use Client data to provide the Services. PromptCall AI may, unless Client objects in writing, use anonymized or aggregated data derived from Service usage to improve its models and Services.
7.4 Access & Vapi organization. If applicable, Client will be added to a Vapi organization to access call logs and recordings (when enabled). Client has administrative control of its data, subject to these Terms.
7.5 Data Processing & Compliance. PromptCall AI will enter into a Data Processing Addendum (DPA) with Clients as required under applicable law (e.g., GDPR). PromptCall AI will implement reasonable technical and organizational measures to protect Client data. Clients remain responsible for their own compliance with data protection laws (including obtaining consent where required).
7.6 Data transfer & storage. Data may be stored or processed via third-party providers and may be transferred across borders; PromptCall AI will use appropriate safeguards for any international transfers.

8. Call Recording & Legal Compliance

8.1 Client responsibility. Client is solely responsible for ensuring that any call recording or outbound calling conducted through the Services complies with applicable laws and regulations (including, but not limited to, telecommunications and privacy laws). This includes obtaining any consents required by local law. PromptCall AI strongly recommends Clients obtain explicit consent from call recipients where required.
8.2 PromptCall AI assistance. PromptCall AI can provide a standard opening notice and guidance for common jurisdictions, but PromptCall AI does not guarantee legal sufficiency in every jurisdiction. It is the Client’s obligation to confirm and comply with relevant laws.
8.3 Outbound calls. For outbound calls placed by the agent, Client must ensure they have any necessary prior consent (for example, consent required for telemarketing or automated calls). Client agrees to indemnify PromptCall AI for claims arising from Client’s failure to obtain proper consent.

9. Third-party Services & Integrations

9.1 PromptCall AI integrates with third-party services (Make.com, Typeform, Vapi, Google services, Stripe, Calendly, etc.) as part of delivering the Services. Use of these integrations may be subject to separate terms of those providers. PromptCall AI is not responsible for outages, policy changes, or costs imposed by third parties.
9.2 Clients must provide accurate credentials and required permissions for integrations. PromptCall AI is not liable for integration failures caused by Client misconfiguration or third-party changes.

10. Intellectual Property

10.1 PromptCall AI retains all rights, title and interest in the Services, software, AI models, technologies, and any improvements or derivative works developed by PromptCall AI (PromptCall AI IP).
10.2 Client retains ownership of Client Data produced or collected in connection with the Services. Client grants PromptCall AI a license to use Client Data as necessary to provide the Services, as outlined in §7.
10.3 Feedback & submissions provided to PromptCall AI may be used by PromptCall AI; PromptCall AI will treat confidential information as required under §11.

11. Confidentiality

11.1 Each party will keep confidential the other party’s Confidential Information and will only use it to perform under these Terms. Confidentiality obligations survive termination for a period of three (3) years.

12. Warranties & Disclaimers

12.1 PromptCall AI will provide the Services with reasonable skill and care. PromptCall AI does not guarantee uninterrupted or error-free operation. Where a specific SLA is agreed in writing, that SLA governs.
12.2 EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED “AS IS” AND ALL IMPLIED WARRANTIES (INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Limitations of Liability & Indemnity

13.1 Limitation. To the maximum extent permitted by law, PromptCall AI’s aggregate liability arising from or in connection with these Terms will not exceed the total amount actually paid by Client to PromptCall AI in the six (6) months prior to the event giving rise to liability. This limitation does not apply to liability for willful misconduct, gross negligence, death or bodily injury, or liability that cannot be limited under applicable law.
13.2 Indemnity by Client. Client will indemnify and hold PromptCall AI harmless from claims arising out of Client’s use of the Services (including failure to obtain required consents for recordings or outbound calls), Client data, or Client’s breach of these Terms.
13.3 Indemnity by PromptCall AI. PromptCall AI will defend and indemnify Client against third-party claims alleging that PromptCall AI’s provided software (as delivered) infringes third-party IP, subject to PromptCall AI’s control of defense and Client cooperation.

14. Prohibited Uses

14.1 Clients must not use the Services for illegal or unauthorized purposes, political/illicit activities, harassment, spamming, or any activity outside the scope of agreed business use. PromptCall AI may immediately suspend Services for suspected illegal activity and will not be liable for any damages in such cases.

15. Service Availability, Support & Capacity

15.1 PromptCall AI aims to make the AI voice agents available 24/7, subject to maintenance, third-party outages, and force majeure. PromptCall AI provides 24/7 support for AI agent incidents subject to reasonable response times as agreed in the Service Agreement.
15.2 Default simultaneous call capacity is 10 concurrent calls per agent. Additional simultaneous call capacity is available at extra cost. Large automation volumes may incur additional charges; Client must supply accurate volume and integration details during onboarding.

16. Onboarding, Customization & Changes

16.1 PromptCall AI includes initial configuration and reasonable customization as part of the setup fee. Further customizations, additional integrations or significant reconfigurations may be scoped and priced separately by mutual agreement.

17. Data Return, Retention & Deletion

17.1 Client owns collected data and may export or download it at any time. PromptCall AI will retain Client data as required to provide the Service.
17.2 Upon termination, Client may request a data export; PromptCall AI will provide reasonable assistance. Unless otherwise requested, PromptCall AI may delete Client data after a reasonable retention period. If Client requires prompt deletion, Client must instruct PromptCall AI in writing.

18. Termination

18.1 Either party may terminate for material breach if the other fails to cure within thirty (30) days of written notice (unless immediate termination is warranted).
18.2 PromptCall AI may immediately suspend or terminate Services (without refund) after a warning for: (a) non-payment; (b) illegal or abusive use; or (c) breach involving safety or compliance. Termination for convenience by Client is subject to the notice and billing terms in the Service Agreement.

19. Force Majeure

19.1 PromptCall AI is not liable for delays caused by events beyond its reasonable control (force majeure), including internet outages, third-party downtime, natural disasters, governmental actions, or acts of God.

20. Dispute Resolution & Governing Law

20.1 These Terms are governed by the laws of Germany. The parties submit to the exclusive jurisdiction of the courts of Germany, with venue in the district where PromptCall AI’s registered address is located (Langenfeld), for any disputes arising out of or relating to these Terms.

21. Electronic Communications & Consent

21.1 By using the Services, Client consents to receiving invoices, notices and communications electronically. Client accepts the use of electronic signatures where applicable.

22. Modifications to the Service

22.1 PromptCall AI may change or modify the Services, features, pricing or integrations at any time. PromptCall AI will make reasonable efforts to notify Clients of material changes.

23. Miscellaneous

23.1 Entire Agreement: These Terms together with the Service Agreement and any DPA constitute the entire agreement between the parties.
23.2 Assignment: PromptCall AI may assign its rights and obligations. Client may not assign without PromptCall AI’s written consent.
23.3 Severability: If any provision is invalid or unenforceable it will be severed and the remainder will remain in effect.

24. Contact & Notices

For support, billing or legal notices:
PromptCall AI (Maximilian Bender)
Lortzingweg 24, 40764 Langenfeld, Germany
Email: max@promptcallai.com
Phone: +49 1516 145 6224