Terms and conditions

1. Provider

   appoint4u is provided by PLUS TradeCon GmbH, registered with the Amtsgericht Offenbach am Main under HRB 41567, represented by its managing director Josip Kresonja. Further details are listed in the legal notice.

2. § 1 Scope

   (1) These terms apply to all contracts between PLUS TradeCon GmbH (“we”) and its customers about the use of appoint4u.(2) appoint4u is offered exclusively to businesses within the meaning of § 14 BGB, legal entities under public law and special funds under public law – i.e. companies, practices, law firms and self-employed people who use the service for their trade or profession. Consumers cannot conclude a contract. At registration the customer confirms acting as a business; we may ask for suitable proof.(3) Deviating, conflicting or supplementary terms of the customer do not become part of the contract, even if we do not expressly object to them. Individual agreements, such as a quote for the Enterprise plan, take precedence (§ 305b BGB).(4) The data processing agreement and the description of the chosen plan also form part of the contract.

3. § 2 Conclusion of contract and customer account

   (1) Registering concludes a free user agreement for the customer account. It creates no payment obligation and allows the customer to set up and explore the service.(2) The presentation of the plans on our website is not a binding offer. The customer makes a binding offer by choosing a plan in the account, confirming the terms shown with a tick, clicking “30 Tage kostenlos testen – danach kostenpflichtig” (try free for 30 days – paid afterwards) or “Zahlungspflichtig bestellen” (order with obligation to pay) and completing the order with our payment provider. The contract is concluded when we activate the plan or confirm the order by email.(3) The customer can view, save and print these terms on this page at the conclusion of the contract and at any time afterwards. We record which version of the terms and which order terms the customer accepted and, on request, send the version that applied at conclusion by email. The contract language is German.(4) Anyone who creates an account or orders a plan warrants being authorised to do so for the business.

4. § 3 Services

   (1) appoint4u is software we provide over the internet (software as a service). Depending on the plan it includes in particular an AI assistant that answers messages from the customer's customers on WhatsApp and the customer's own Telegram bot, understands voice messages, replies by voice on request and books appointments; a shared inbox; appointment management; an online booking page; connections to calendars and booking tools; and reports. The exact scope and allowances – such as AI replies, voice minutes, contacts and seats – follow from the plan description at the time of ordering.(2) If an allowance is used up in the current month, the feature concerned is only available to a limited extent until the next month begins; when AI replies are used up, for example, new messages go to the customer's team. This causes no extra costs.(3) For WhatsApp the customer needs its own access to the WhatsApp Business Platform, which it agrees with Meta itself and which Meta must approve; for Telegram its own Telegram account. These services and third-party calendars and booking tools are not part of our service. We provide the connection as long as the respective provider makes it technically and legally possible.(4) Features marked “Coming soon”, “Beta” or “Preview” are provided without obligation; they are not part of the owed service.(5) We may use subcontractors. The data processing agreement governs the processing of personal data by them.

5. § 4 Changes to the service

   (1) We continuously develop appoint4u. We may change the service where there is a valid reason – in particular changes in law or regulatory requirements, removing security risks, changes by Meta, Telegram, Google or other connected services, or technical progress – and the change is reasonable for the customer. The agreed core of the service is preserved.(2) If an essential feature of the booked plan is dropped without replacement or significantly restricted, we announce this in text form at least six weeks in advance, unless compelling reasons – such as a shutdown by the provider of a connected service – require a shorter period. The customer may then terminate the contract without notice until the change takes effect; we refund fees paid in advance for the period after that pro rata.

6. § 5 Availability, maintenance and defects

   (1) We provide appoint4u with an availability of 99% per calendar month. The service is available when the customer account can be reached and incoming messages are accepted.(2) Not counted are announced maintenance works of up to four hours per month in total, announced at least 24 hours in advance and carried out between 10 pm and 6 am where possible, and outages we are not responsible for – in particular disruptions of the WhatsApp Business Platform, Telegram, connected calendars and booking tools, networks outside our control and force majeure.(3) The customer reports disruptions and defects to support@appoint4u.com without delay. We handle them within a reasonable time and fix them as far as technically possible.(4) Otherwise the statutory rules on defects apply. Strict liability for defects that already existed when the contract was concluded (§ 536a(1) first alternative BGB) is excluded.

7. § 6 AI features

   (1) The assistant generates answers automatically using an AI model (currently Google Gemini), based on the information the customer provides and approves, such as services, prices, opening hours and its own answers. AI answers and transcripts of voice messages may be incomplete, misleading or wrong despite all care. We give no warranty that they are correct, complete or fit for a particular purpose; what is owed is the provision of the feature in line with the state of the art. Our liability under § 14 remains unaffected.(2) The customer keeps its information up to date, checks the assistant's settings and configures it so that matters requiring professional judgement – for example on health, legal, tax or financial questions – go to its team. The assistant does not replace professional advice by the customer.(3) Towards the customer's customers the assistant identifies itself as an AI; its voice messages are marked as AI-generated (Art. 50 AI Act). The customer must not remove, hide or circumvent these disclosures or present the assistant as a human.(4) The customer ensures that the people who set up and supervise the assistant for it are familiar with how it works and its limits. It uses the assistant only for customer communication and appointment scheduling and not for purposes the AI Act prohibits or classifies as high-risk.(5) Neither we nor our service providers use the content of the customer and its customers to train AI models.

8. § 7 Customer obligations

   (1) The customer uses the service only within the law and these terms. It provides accurate information, keeps credentials secret, assigns access and roles for its team itself and is responsible for their use. It reports any misuse of its account to us without delay.(2) WhatsApp's and Telegram's terms and policies also apply, in particular the WhatsApp Business policies. The customer only messages customers on its own initiative if they agreed or it is otherwise permitted by law (§ 7 UWG). Advertising without consent, spam, deception and unlawful content are prohibited.(3) The customer is responsible for its customers' data. It informs them in its own privacy notice about the use of appoint4u, the AI assistant and the WhatsApp and Telegram channels (Art. 13, 14 GDPR). For the booking page we provide an automatically generated privacy notice; the customer checks it and replaces it with a link to its own privacy policy where necessary. It also adds its legal notice for the booking page (§ 5 DDG).(4) If the customer is bound by professional secrecy – for example as a doctor, therapist, lawyer or tax adviser – it decides itself whether and how to use appoint4u for communication with patients or clients and observes its professional duties. The assistant is not meant to ask for health data or other special categories of personal data; the customer configures it accordingly.(5) Through the booking page and the assistant, the customer's customers reserve appointments free of charge and without obligation: the service and price are agreed on site, and cancelling is free at any time. The customer charges no deposits, no-show or cancellation fees for appointments reserved online and does not present them to its customers as binding bookings. If we offer binding online bookings, we inform the customer beforehand about the requirements, in particular consumers' right of withdrawal.(6) If the customer's booking page falls under the German Accessibility Strengthening Act (BFSG), the customer, as the provider of the service, is responsible for the duties under that act; micro-enterprises providing services are exempt (§ 3(3) BFSG). We take accessibility requirements into account in the design of the booking page.(7) The customer only uploads content – such as logos, photos and texts – it holds the necessary rights to. It grants us the rights we need to store and process it within the service and to show it on its booking page and in its channels.(8) If the customer culpably breaches any of these obligations, it indemnifies us against third-party claims based on that breach, including reasonable costs of legal defence.

9. § 8 Free trial

   (1) Every self-service plan (currently Starter, Professional and Business) starts with a free 30-day trial if the business has not had a trial or a plan before. The trial is available once per business; anyone who has had a plan before – including through another account with the same email address – pays from the order.(2) When ordering, the customer adds a payment method and expressly confirms that the plan continues as a paid plan after the trial. Nothing is charged during the trial. In the last seven days of the trial we point out its end in the customer account.(3) If the customer cancels before the trial ends, no costs arise. Otherwise the contract automatically continues as the chosen paid plan when the trial ends, and the first fee becomes due. If no valid payment method is on file when the trial ends, the plan ends at no cost.(4) If the customer switches plans during the trial, the trial continues unchanged.

10. § 9 Prices, payment and invoices

    (1) The prices shown when ordering apply. All prices are net prices plus statutory VAT. For customers based in another EU member state who provide a valid VAT identification number, the reverse-charge procedure applies. There is no setup fee.(2) The fee for each billing period is due in advance – monthly or yearly, depending on the chosen plan – and is collected by our payment provider Stripe using the stored payment method, for example card, SEPA direct debit or PayPal. When switching plans, we prorate the difference to the day.(3) The customer agrees to receive invoices electronically, by email and in the customer account. Where required by law, we issue invoices as e-invoices in a structured electronic format.(4) Discount codes and promotions apply only under their respective conditions; they cannot be combined or paid out in cash unless stated otherwise.(5) If the customer wants to cancel, we may voluntarily offer an incentive to stay, for example 50% off the next 3 monthly invoices, 25% off the next annual invoice, a trial extended by 14 days or a switch to a smaller plan. Each kind of offer is available at most once per customer; discounts are not combined. Afterwards the regular price applies again. There is no entitlement to such an offer.(6) The customer may only set off claims that are undisputed or legally established; this does not apply to counterclaims from the same contractual relationship. It may only exercise a right of retention for claims arising from this contract.

11. § 10 Late payment

    (1) The customer bears the costs of a returned direct debit or chargeback for which it is responsible.(2) If the customer is in default of payment, the statutory rules apply, in particular default interest of nine percentage points above the base rate and the lump sum of €40 (§ 288(2) and (5) BGB).(3) If the customer is in default with a not insignificant amount, we may block the paid features after notice in text form with a period of at least two weeks until the outstanding amounts are paid. The payment obligation continues during the block. If the customer is in default with at least two monthly fees, we may terminate the contract for cause.

12. § 11 Term, renewal and cancellation

    (1) The user agreement for the free customer account runs for an indefinite period. The customer can terminate it at any time by requesting deletion of its account. We can terminate it with four weeks' notice as long as no paid plan is running.(2) A monthly plan runs for one month at a time, a yearly plan for twelve months at a time. The first term begins when the trial ends or, without a trial, with the order. The contract renews for the same term unless cancelled by the end of the current term.(3) The customer can cancel at any time effective at the end of the current term or the trial – in the account under “Vertrag & Rechnungen” (plan & invoices) or in text form, for example by email to support@appoint4u.com. Before the cancellation takes effect we may show an offer to stay, which the customer can decline with one click. Until the end of the term the customer can withdraw the cancellation in the account. Fees already paid are not refunded pro rata on cancellation; the plan remains usable until the end of the paid term.(4) We can terminate a monthly plan with one month's notice and a yearly plan with three months' notice, each effective at the end of the term.(5) Both parties' right to terminate for good cause remains unaffected. Good cause for us exists in particular if the customer uses the service for spam or unlawful content despite a warning.(6) When a plan ends, its features are no longer available; the customer account remains until the user agreement ends under paragraph 1.

13. § 12 Customer data, export and deletion

    (1) The data that the customer and its customers store in the service remain the customer's data. We use them only to perform the contract and in accordance with the data processing agreement.(2) Owners and admins can export appointments, conversations and contacts as CSV files at any time in the account under “Einstellungen” (settings). The customer should export its data before the contract ends; on request we provide an export until deletion.(3) After the user agreement ends, we delete the customer's data within 30 days unless a statutory retention duty applies; the data processing agreement governs the details. We keep our own contract and invoice records within the statutory periods.

14. § 13 Data protection and processing on behalf

    (1) Where we process personal data on the customer's behalf, the data processing agreement under Art. 28 GDPR applies (available at /en/dpa). It is agreed upon registration and prevails over these terms on data protection matters.(2) For the data we process as controller, such as account and billing data, our privacy notice applies.

15. § 14 Liability

    (1) We are liable without limitation for intent and gross negligence, for culpable injury to life, body or health, under the German Product Liability Act, for fraudulently concealed defects and to the extent of any guarantee we have given.(2) For slightly negligent breaches of essential contractual obligations, our liability is limited to the typical damage foreseeable when the contract was concluded. Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely.(3) Otherwise our liability for damage caused by slight negligence is excluded.(4) These rules also apply to the personal liability of our legal representatives, employees and vicarious agents. Liability towards data subjects under Art. 82 GDPR remains unaffected.(5) The customer's claims for damages become time-barred one year after the statutory limitation period begins; this does not apply in the cases of paragraph 1.

16. § 15 Confidentiality

    Both parties treat confidential information of the other party that they learn in connection with the contract as confidential and use it only to perform the contract – also after the contract ends. Statutory disclosure obligations remain unaffected.

17. § 16 Changes to these terms and to prices

    (1) We may change these terms with effect for the future where there is a valid reason – such as changes in law or case law, new features or changed terms of connected services – and the balance between performance and consideration does not shift to the customer's disadvantage. We notify changes in text form at least six weeks before they take effect. If the customer does not object before then, the changes are deemed accepted; we point this out separately in the notice. If the customer objects, the contract continues on the previous terms; either party may then terminate it as of the date the changes would take effect.(2) We may change the prices of running plans with effect for future billing periods, at the earliest twelve months after the contract was concluded or after the last price change; for yearly plans a change takes effect at the next renewal at the earliest. We notify a price change in text form at least six weeks in advance. The customer may then terminate the contract as of the date the change takes effect; we point this out in the notice.

18. § 17 Final provisions

    (1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).(2) The place of performance is Mühlheim am Main.(3) If the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Offenbach am Main. We may also sue the customer at its general place of jurisdiction. Exclusive statutory places of jurisdiction remain unaffected.(4) Declarations concerning the contract, in particular terminations, require text form (§ 126b BGB), for example an email, unless the customer account offers a function for them.(5) Should a provision of these terms be wholly or partly invalid, the remainder of the contract remains effective; the statutory provisions replace the invalid provision (§ 306 BGB).(6) The German version of these terms is authoritative; the English version is for information only.

appoint4u is a service of PLUS TradeCon GmbH. Questions: support@appoint4u.com