Effective Date: April 2026 · Version 1.0
These Terms of Service (hereinafter "Terms") govern the use of all services, products, and platforms provided by DEV Automations (hereinafter "DEV Automations", "we", or "us"). By using our services, you legally agree to be bound by these Terms.
These Terms apply exclusively to contracts concluded between DEV Automations and businesses, entrepreneurs (Unternehmer) pursuant to Sec. 14 German Civil Code (BGB), legal entities under public law, or special funds under public law for the provision of AI-supported automation services. Our services are strictly B2B and not available to consumers (Verbraucher) pursuant to Sec. 13 BGB. Deviating, conflicting, or supplementary General Terms and Conditions of the customer will not become part of the contract unless DEV Automations has expressly agreed to their validity in writing.
The contract is formed by registering on our platform, placing an order via email, signing a written offer, or by the actual use of our services. By accessing the platform and/or API, you legally agree to these Terms. If you do not agree to these Terms, you are not authorized to use our services.
The material scope of application includes all services of DEV Automations, in particular AI automation solutions, API integrations, chatbot and voice agent systems, sales and marketing automation, as well as all future developed services and products.
DEV Automations offers AI-supported business automation solutions, which may include the following areas:
The exact scope of the services to be provided results from the respective offer, service contract, or selected subscription model. DEV Automations has the right to have partial services performed by qualified subcontractors, but remains fully responsible for the provision of the services to the customer.
We reserve the right to further develop the functionality of our services. Material restrictions of services already paid for will be communicated to the customer 30 days in advance.
Registration may be required to use our platform. Only truthful and complete information may be provided upon registration. The user is obliged to keep their access data confidential and protect it from access by third parties. Access data may not be shared with third parties.
Each user may only register one account. Companies can create multiple user accounts provided this is part of the selected subscription. DEV Automations reserves the right to suspend or delete accounts that violate these Terms or are suspected of fraudulent activities.
The user is liable for all activities carried out under their account. In the event of suspected unauthorized access, DEV Automations must be informed immediately at david@dev-automations.com.
The user undertakes to use the services of DEV Automations exclusively lawfully. In particular, the user is prohibited from:
The user guarantees that they have all necessary rights to the data they feed into our systems. In particular, they are responsible for ensuring that the processing of personal data of third parties complies with the GDPR and other applicable data protection laws. As part of a possible Data Processing Agreement (DPA), the user undertakes to comply with their obligations as a data controller.
Availability: DEV Automations aims for a platform availability of 99.5% per calendar month. For Enterprise contracts, a guaranteed availability of 99.9% applies. Scheduled maintenance windows (with at least 48 hours notice), outages due to force majeure events, and outages of third-party services (LLM providers, payment processors, third-party cloud infrastructures) are excluded from the availability calculation.
Support Response Times:
Scheduled Maintenance: Routine maintenance work will be communicated in advance and preferably take place between 02:00 and 05:00 CET to minimize disruption.
Credits: If the guaranteed availability is not met, customers with an Enterprise contract can request a proportional service credit. The maximum credit is 30% of the monthly fee for the affected period. Credits must be requested in writing within 14 days after the event and represent the customer's sole remedy for unavailability.
Customer Rights: The customer retains all ownership rights to the data, content, and materials they input into our systems (hereinafter "Customer Data"). DEV Automations claims no ownership over Customer Data or outputs generated by our AI systems. Customer Data is used exclusively to provide the agreed services and is not used to improve or train our foundation models.
Rights of DEV Automations: All rights to the platform, source code, design, algorithms, trademarks, logos, and other intellectual property rights of DEV Automations remain exclusively with DEV Automations. The user merely receives a non-exclusive, non-transferable, revocable right to use the platform for the agreed contractual purpose.
Feedback: Feedback, suggestions, and ideas submitted by the user to DEV Automations may be used by DEV Automations without restriction and without any obligation to compensate, to further develop products and services.
Prices: The currently valid prices result from the price list on our website or the individually agreed offer. All prices are exclusive of the applicable statutory value-added tax (VAT) unless explicitly stated otherwise.
Subscriptions: Subscriptions are billed for the agreed term (monthly or annually) and renew automatically unless they are canceled in writing or by email with a notice period of 14 days before the end of the term.
Project-based Services: For one-off projects or custom integrations, billing is based on the respective offer. Generally, a deposit of 50% is due upon placing the order, and the remaining 50% upon project completion.
Overage: The use of API resources beyond the capacities included in the subscription (e.g., voice minutes, chat messages, API calls) will be billed at the applicable overage rate, which will be communicated to the customer in advance.
Late Payment: In the event of default on payment, DEV Automations is entitled to suspend access to the platform after a written warning with a deadline. Default interest will be charged in accordance with Sec. 288 BGB. DEV Automations reserves the right to hand over outstanding claims to a collection agency.
Refunds: Services already provided are generally non-refundable unless an obligation to refund arises from statutory provisions or an explicit written agreement.
Disclaimer: DEV Automations' liability for slight negligence is excluded unless it involves the breach of essential contractual obligations (cardinal obligations), damages resulting from injury to life, body, or health, or claims under the Product Liability Act (Produkthaftungsgesetz).
In the event of a slightly negligent breach of cardinal obligations, liability is limited to the typically foreseeable damage, but maximally to the amount the customer paid to DEV Automations in the 12 months preceding the event giving rise to liability.
AI-generated Outputs: DEV Automations assumes no warranty for the factual accuracy, completeness, or legal compliance of AI-generated text, outputs, or recommendations. The responsibility for reviewing and using generated content lies exclusively with the customer.
Force Majeure: DEV Automations is not liable for performance delays or failures caused by force majeure events, including natural disasters, pandemics, governmental actions, cyber attacks on third-party infrastructure, or comparable extraordinary circumstances.
Both parties undertake to keep all confidential information of the other party that becomes known to them in the course of the business relationship strictly confidential and not to disclose it to third parties unless the disclosing party has previously explicitly agreed in writing.
Confidential information includes, in particular, trade secrets, pricing structures, technical documentation, source codes, customer data, process workflows, and all other information that is visibly classified as confidential or must be treated as confidential due to its nature and circumstances.
This confidentiality obligation applies for the duration of the contractual relationship and for a period of three (3) years after the end of the contract. It does not apply to information that is publicly known (without violating this obligation), that was independently developed by the receiving party, or that must be disclosed due to statutory provisions or judicial order.
Term: The contract begins upon registration or on the contractually agreed start date and runs for the agreed minimum term (usually 1 month or 12 months). After the minimum term expires, the contract automatically renews for further periods of the same length unless terminated in due time.
Ordinary Termination: The customer may terminate their contract with a notice period of 14 days to the end of the respective billing period in writing (by email to david@dev-automations.com).
Extraordinary Termination: Both parties may terminate the contract without notice for good cause. Good cause for DEV Automations exists, in particular, if the customer:
Consequences of Termination: After the end of the contract, all Customer Data will be stored for a period of 30 days and can be exported upon request. After this period expires, all data will be irrevocably deleted. Payments already made for the current billing period are non-refundable.
DEV Automations reserves the right to change these Terms for the future. Changes will be communicated to the customer by email to the registered address at least 30 days before they are planned to take effect. The new Terms will also be published on the platform.
If the customer does not object to the changes within 30 days of receiving the notification, the new Terms are considered accepted. DEV Automations will expressly point out this right to object and the consequences of a failure to object in the change notification. In the event of an objection, DEV Automations is entitled to terminate the contract at the time the new Terms take effect.
All legal disputes arising from or in connection with these Terms and the contracts between the parties are governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes with merchants, legal entities under public law, or special funds under public law is the registered office of DEV Automations. DEV Automations' right to appeal to courts at other statutory places of jurisdiction remains unaffected.
The EU Commission provides a platform for online dispute resolution (ODR), accessible at ec.europa.eu/consumers/odr. Our email address is david@dev-automations.com. We are not obliged or willing to participate in dispute settlement proceedings before a consumer arbitration board.
Written Form Requirement: Amendments and additions to these Terms as well as all legally relevant declarations require text form (e.g., email), unless a stricter form is prescribed by law.
Severability Clause: Should a single provision of these Terms be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid one that comes as close as possible to the economic purpose of the invalid provision.
Assignment: The customer is not entitled to assign rights or obligations under the contract to third parties without the prior written consent of DEV Automations. DEV Automations is entitled to transfer rights and obligations under the contract to affiliated companies.
DEV Automations is entitled to transfer these Terms and any contracts based on them to a legal successor (e.g., as part of a company sale).
Entire Agreement: These Terms, together with individual offers, service contracts, and the Privacy Policy, constitute the entire agreement between the parties and supersede all previous understandings, negotiations, and agreements relating to the subject matter of the contract.