Terms and conditions

§ 1 Scope

These terms apply to all contracts for the use of the Halvista software between A & D Media und Data GbR, Hedwig-Porschütz-Straße 30, 10557 Berlin, Germany (“Provider”) and its customers.

The offer is aimed exclusively at businesses within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Consumers are excluded.

Deviating terms of the customer apply only if the Provider expressly agrees to them in text form.

§ 2 Conclusion of contract

The contract is concluded when the customer books a plan and the Provider confirms the booking or accepts the first payment, or by a signed individual offer. The presentation on the website is not a binding offer.

§ 3 Services

Halvista is software as a service for customer communication: a shared inbox for the chat widget, WhatsApp, Instagram, Messenger, Telegram and email, an AI assistant that prepares or sends replies, and integrations with shop systems and other services. The current scope follows from the product description.

All plans include the same features; they differ in the number of conversations per month and team size.

The Provider may develop the software further as long as essential agreed functions are retained. Maintenance is carried out outside usual business hours where possible.

Setup services (“We set it up for you”) are agreed separately; scope and timing are fixed in text form before payment.

§ 4 Artificial intelligence

AI replies are generated automatically and may be incomplete or wrong. The customer decides whether the AI only prepares drafts or replies itself, and is responsible for content sent in its name. It maintains the knowledge base and instructions so that the AI can give correct information.

AI replies are labelled as such to end customers. The customer may not remove this label.

§ 5 Channels and third-party services

The customer connects WhatsApp, Instagram, Messenger, Telegram, mailboxes and shop systems with its own accounts. The terms of their providers apply. The Provider is not liable for their availability, rule changes or account suspensions.

Meta’s fees for WhatsApp are paid by the customer directly to Meta with its own payment method in its WhatsApp account; they are not included in the Halvista price.

§ 6 Customer obligations

• keep access credentials secret and give access only to authorised staff;
• use Halvista lawfully, in particular not send unsolicited advertising and obtain the required consents for marketing messages;
• inform end customers about the processing of their data where required by law;
• not process content whose processing violates the law or third-party rights.

In case of material breaches, the Provider may temporarily suspend access after prior notice, or immediately if there is imminent danger.

§ 7 Plans, conversations and limits

Plans: Start €59 per month (up to 300 conversations, up to 2 team members), Business €149 per month (up to 1,500 conversations, unlimited team members) and individual plans by quotation.

A conversation comprises all messages from one customer in one channel within 24 hours of the first message. If the customer writes again later, a new conversation starts. Spam, automatic replies, the Provider’s notifications and internal notes do not count.

When the monthly limit is reached there are no extra charges and the plan is not changed automatically. New AI replies are prepared as drafts for the team until the end of the month. Unused conversations expire at the end of the month.

§ 8 Prices and payment

All prices are net prices plus statutory VAT. Billing is monthly in advance, starting with the first month; there is no free trial. Payment is made via Stripe.

Founding customers: the first 15 customers who sign a paid contract by 31 December 2026 at the latest receive a 20% discount for 12 months (Start €47, Business €119 per month plus VAT) as long as the contract runs without interruption. After that, the list price applies. Not available for individual plans.

The Provider may change prices with six weeks’ notice to the start of a billing month. The customer may then terminate with effect from the date the change takes effect.

If payment is more than 14 days overdue, the Provider may suspend access after a reminder until payment is received.

§ 9 Term and termination

The contract runs for an indefinite period without a minimum term. Either party may terminate at any time with effect from the end of the paid month; the customer can do so in the settings or by email. Amounts already paid are not refunded pro rata.

The right to terminate for good cause remains unaffected.

After the contract ends, the customer can export its data for 30 days. The data is then deleted unless statutory retention periods apply.

§ 10 Data protection and confidentiality

Where the Provider processes personal data on behalf of the customer, the data processing agreement (DPA), which forms part of this contract, applies.

Both parties treat the other party’s confidential information as confidential, including after the contract ends.

§ 11 Liability

The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent of any guarantee given.

In cases of slight negligence, the Provider is liable only for breaches of essential contractual obligations — obligations whose fulfilment makes proper performance of the contract possible in the first place and on which the customer may regularly rely — limited to the typical, foreseeable damage and at most to the fees paid by the customer in the preceding twelve months.

For loss of data, the Provider is liable only for the effort that would have been required to restore it had the customer backed up its data regularly.

Strict liability for defects existing at the time of contract conclusion (§ 536a(1) alt. 1 BGB) is excluded.

§ 12 Changes to these terms

The Provider may change these terms with at least six weeks’ notice in text form. If the customer does not object before the changes take effect, they are deemed accepted; the notice will point this out. If the customer objects, either party may terminate with effect from that date.

§ 13 Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Berlin, to the extent permitted by law.

If individual provisions are invalid, the remainder of the contract remains valid.