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Terms of Service

Version 1.1 · 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, that you are at least 18 years old, and — where you sign up for a company or another person — that you are authorised to bind that entity, which then becomes the Customer.

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. Agencies. If you operate the Service on behalf of a client (an "Agency"), you must name the client as the owner of the connected accounts and as an administrator of the sparevoice account, and you confirm that the client has authorised you to connect its channels. The client is the Customer for that account and the controller of its conversation data; you keep the rights in the voice profiles, rules and templates you create. If your engagement with the client ends, tell us promptly so that we can transfer or close the account; from that point the client is responsible for fees.

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:

Where you use the Service to send marketing or promotional messages by email, WhatsApp or any other channel, you are responsible for holding the consent or other legal basis the law requires (in Germany in particular § 7 UWG), for honouring opt-outs, and for including the sender information the law requires. You will provide us with evidence of consent and opt-out handling on request.

We are not obliged to monitor the content of conversations or replies, but we may review, restrict or remove content and 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. Anyone who believes a sparevoice-powered account is misusing the Service can report it to hello@sparevoice.com with the subject "Abuse report"; we review every report and act on confirmed violations, up to notifying the platform concerned.

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. Because drafts are generated by statistical models, similar or identical wording may be produced for other customers; you acquire no exclusivity in generated text.
  4. The models cannot look things up: drafts reflect the conversation and your rules, not current facts, prices or availability. Do not rely on a draft as a source of facts without checking it. We give no warranty as to the accuracy, completeness or fitness of generated text.
  5. Drafts are generated through third-party AI providers named in the Privacy Policy. Their usage policies (currently the Anthropic Usage Policy and the OpenAI Usage Policies) apply to the way you use the AI features in addition to these terms.
  6. We may monitor and limit the volume of AI generation, and may suspend it, where usage circumvents rate limits or plan allowances, endangers the security or operation of the Service, or would expose us to liability.

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 messaging platforms, AI providers or other services outside our control; downtime of AI generation that results from a failure of an AI provider does not count against this target. 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 represent and warrant that (i) you have a valid legal basis for the personal data you bring into the Service and for having us process it on your behalf, (ii) you inform end users about your use of the Service and of AI-assisted replies where the law requires it, (iii) you comply with your own published privacy notice, (iv) you do not use the Service to collect or process special categories of data (Art. 9 GDPR) on purpose, and (v) you do not use it for automated individual decision-making within the meaning of Art. 22 GDPR. You will indemnify us against third-party claims, fines and reasonable costs arising from a breach of these warranties.

We may review, preserve and disclose account and conversation data where we are legally required to do so, to respond to a valid request by a court or authority, to enforce these terms, or to detect and prevent fraud, abuse or security incidents. We check the validity of any such request before responding and inform you where the law allows.

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. You grant us the non-exclusive right to host, store, process and transmit your content and your end users' messages solely to the extent needed to provide, secure and improve the Service; we acquire no other rights in it. 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 (see Section 12).
  4. If an account shows no activity — no login, no connected channel delivering messages, no payment — for twelve consecutive months, we will notify you by email and, if you do not respond within 30 days, may close the account and delete its data.

12. Switching and data portability (EU Data Act)

sparevoice is a data processing service within the meaning of Regulation (EU) 2023/2854 (the "Data Act"). Customers in the EU/EEA have the following rights, which we honour for all customers:

  1. Notice. You may terminate the Service to switch to another provider, to move to your own infrastructure, or simply to stop, with a notice period of no more than two months. Monthly plans can be cancelled to the end of the current billing month, which is shorter than that maximum.
  2. Transition period. After your notice we provide a transition period of 30 days during which the Service stays fully available and we support the switch. If 30 days is technically not feasible, we tell you within 14 working days and agree a longer period of at most seven months. You may also ask for an extension yourself.
  3. What you can export. All exportable data: conversation history including drafts and sent replies, contacts and tags, voice profiles, rules and settings, and usage records. We provide them in structured, commonly used, machine-readable formats (currently JSON and CSV) through the Service or on request through support. Unlike some providers, we treat the conversation data received from connected platforms as your data and include it in the export.
  4. Assistance. We assist in good faith throughout the switch: export tooling and documentation, continuity of service and security at the usual level, and prompt information about any known risks. Importing the data into the new system is your responsibility.
  5. Retrieval and deletion. After the transition you have a further 30 days to retrieve remaining data. We then delete your data as described in the Privacy Policy, except what the law requires us to keep.
  6. No switching charges. We charge nothing for switching or for data export. Should third-party egress costs arise before 12 January 2027, we would only pass them on at cost and after informing you; from 12 January 2027 no switching charges apply at all.
  7. Contact. Send switching or export requests to hello@sparevoice.com with the subject "Switching".

13. 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.

14. 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.