Terms of Service

Version 1.0 · Effective 9 September 2026

1. Parties and scope

These terms govern the use of the sparevoice service ("Service") provided by Foth Group GmbH, Seehofstraße 137, 14167 Berlin, Germany ("we", "us"). The Service is offered exclusively to businesses, creators acting commercially, and other entrepreneurs within the meaning of § 14 BGB ("Customer", "you"). By creating an account you confirm that you are acting in that capacity.

2. The Service

sparevoice is a software service that connects to messaging channels the Customer controls — including Instagram, Facebook Messenger, WhatsApp, Telegram, Threads, X, email and web chat — displays incoming conversations in one inbox, generates reply drafts with the help of AI models in a voice configured by the Customer, and sends replies either after the Customer's approval or automatically within rules the Customer has set. Features vary by plan as described on sparevoice.com.

3. Account and platform connections

1. You must provide accurate account details and keep your login credentials confidential. You are responsible for all activity under your account.
2. Channels are connected through the official login and API of the respective platform. You warrant that you own or are authorised to operate every account you connect and that you will keep the connection within the platform's terms.
3. You may disconnect a channel at any time in the Service or in the platform's own settings. Disconnection ends processing for that channel as described in the Privacy Policy.

4. Acceptable use

You agree to use the Service lawfully and in line with the rules of every connected platform, including the Meta Platform Terms, the WhatsApp Business Messaging Policy and the Telegram Terms. In particular you will not use the Service to:

• send unsolicited bulk or promotional messages, or contact people who have not messaged you first, except where the platform and applicable law expressly allow it;
• present AI-generated messages as written by a human, or circumvent, hide or delay the AI disclosure the Service inserts at first contact (see Section 5);
• harass, threaten, deceive or defraud anyone, or send unlawful, infringing or hateful content;
• solicit, sell or distribute content or services that violate the connected platform's policies, including sexually explicit content or content directed at minors;
• collect or exploit end-user data for purposes other than answering the conversation, or attempt to scrape, reverse-engineer or overload the Service or a platform API.

We may suspend or restrict the Service immediately if we reasonably believe this Section is being violated, if a platform requires it, or to protect the Service or other customers. We will inform you of the reason unless prohibited from doing so.

5. AI-generated content and disclosure

1. Reply drafts are produced by AI models and can be inaccurate, incomplete or unsuitable. You are responsible for reviewing drafts you approve and for the rules under which automatic sending operates. Messages sent from your account are your communications.
2. To comply with Article 50 of the EU AI Act, the Service discloses at the first AI-written contact in each conversation that the end user is interacting with an AI assistant. This disclosure is part of the Service and cannot be disabled.
3. You retain all rights in the content you provide and in the messages sent from your account. We claim no ownership of your conversations.

6. Fees and payment

1. Plans and prices are shown on sparevoice.com and exclude VAT. Fees are billed monthly in advance unless agreed otherwise.
2. Usage allowances (such as AI replies per month) reset monthly and do not roll over. If you exceed your allowance we will notify you and offer an upgrade; we do not bill overage without your consent.
3. Prices may change with 30 days' notice to the end of a billing period. Early-access pricing granted to a Customer remains in place for that Customer for as long as the subscription continues uninterrupted.

7. Availability and support

We aim for 99.5 % monthly availability of the Service, excluding announced maintenance and outages caused by third-party platforms or providers outside our control. Support is provided by email; response targets depend on the plan.

8. Data protection

Our processing of personal data is described in the Privacy Policy. For end-user data that we process on your behalf you are the controller and we are your processor; the Data Processing Agreement forms part of these terms. You are responsible for informing end users about your use of the Service where the law requires it.

9. Intellectual property

The Service, its software, design and documentation remain our property or that of our licensors. You receive a non-exclusive, non-transferable right to use the Service during the term for your own business purposes. Feedback you give us may be used to improve the Service without obligation.

10. Warranty and liability

1. We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, under the German Product Liability Act, and for any guarantee we have expressly given.
2. For slight negligence we are liable only for breach of an essential contractual obligation (an obligation whose fulfilment makes proper performance possible and on which you regularly rely), and then limited to the foreseeable damage typical for this kind of contract, capped at the fees paid by you in the twelve months preceding the event.
3. We are not liable for the content of AI drafts you approve, for decisions of third-party platforms (including restrictions or suspensions of your accounts), or for loss of data you could have prevented by reasonable backups. Statutory strict liability remains unaffected.

11. Term and termination

1. Subscriptions run monthly and renew automatically until cancelled. You may cancel at any time in the Service or by email with effect to the end of the current billing period.
2. Either party may terminate for cause without notice. Cause on our side includes a serious or repeated breach of Section 4 or a demand by a platform to cease the integration.
3. On termination your access ends and your data is deleted as set out in the Privacy Policy. You may export your conversation history before the end of the term.

12. Changes to these terms

We may amend these terms for good reason, such as changes in law, platform requirements or the Service. We will notify you by email at least 30 days before amendments take effect. If you do not object before that date, the amended terms apply; if you object, either party may terminate to the effective date. We will point this out in the notice.

13. Final provisions

1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
2. Place of jurisdiction for all disputes with merchants, legal entities under public law or special funds under public law is Berlin.
3. Should a provision of these terms be invalid, the remaining provisions remain unaffected.
4. The English version is authoritative; a German translation is available on request.