Legal

Terms of Service

Last updated: December 27, 2024

1. Acceptance of Terms

By accessing or using ExtraCalls services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.


These Terms apply to all visitors, users, and others who access or use the Service.

2. Service Description

ExtraCalls provides an AI-powered voice agent service for restaurants that:


Answers incoming phone calls on your behalf
Takes reservations and manages bookings
Processes takeout and delivery orders
Answers customer questions about your menu, hours, and policies
Provides call recordings, transcriptions, and analytics

The Service is provided "as is" and we continually work to improve its capabilities.

3. Account Responsibilities

Account Creation: You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials.


Account Access: You are responsible for all activities that occur under your account. Notify us immediately of any unauthorized access.


Age Requirement: You must be at least 18 years old to use this Service.


One Account Per Restaurant: Each restaurant location requires a separate account unless you have a Business plan.

4. Acceptable Use

You agree NOT to use the Service to:


Violate any applicable laws or regulations
Transmit harmful, fraudulent, or deceptive content
Impersonate any person or entity
Interfere with the proper functioning of the Service
Attempt to gain unauthorized access to our systems
Use the Service for any illegal or unauthorized purpose
Abuse, harass, or threaten callers using our Service

We reserve the right to terminate accounts that violate these terms.

5. Payment Terms

Subscription Plans: The Service is offered on a subscription basis. You select a plan and pay monthly or annually.


Billing: Payments are processed through Stripe. By subscribing, you authorize us to charge your payment method.


Price Changes: We may change prices with 30 days notice. Existing subscriptions continue at their current rate until renewal.


Refunds: We offer a 14-day money-back guarantee for new subscribers. After this period, refunds are at our discretion.


Overage Charges: If you exceed your plan's included minutes, you will be charged at the overage rate specified in your plan.

6. Cancellation & Termination

By You: You may cancel your subscription at any time through your dashboard. Access continues until the end of your billing period.


By Us: We may suspend or terminate your account if you violate these Terms, fail to pay, or for any reason with 30 days notice.


Effect of Termination: Upon termination, your right to use the Service ceases. We will delete your data in accordance with our Privacy Policy.

7. Intellectual Property

Our IP: The Service, including its original content, features, and functionality, is owned by ExtraCalls and protected by international copyright, trademark, and other intellectual property laws.


Your Content: You retain ownership of content you provide (menus, greetings, FAQs). You grant us a license to use this content to provide the Service.


Feedback: If you provide feedback or suggestions, you grant us the right to use them without compensation or attribution.

8. Disclaimers

AI Limitations: Our AI is sophisticated but not perfect. It may occasionally misunderstand callers or provide incorrect information. You are responsible for keeping your menu and business information up to date.


No Warranty: The Service is provided "as is" without warranties of any kind, express or implied.


Service Availability: While we strive for high availability, we do not guarantee uninterrupted access. Maintenance windows will be communicated in advance when possible.

9. Limitation of Liability

To the maximum extent permitted by law, ExtraCalls shall not be liable for:


Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or business opportunities
Damages arising from caller complaints, missed reservations, or order errors

Our total liability for any claims related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless ExtraCalls and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:


Your use of the Service
Your violation of these Terms
Your violation of any third-party rights
Any content you provide to the Service

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.


Any disputes shall be resolved in the courts of Berlin, Germany. You waive any objections to jurisdiction and venue in these courts.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes via email or through the Service.


Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

13. Contact Us

If you have questions about these Terms, please contact us:


Email: legal@extracalls.com

Address: ExtraCalls GmbH, Musterstraße 123, 10115 Berlin, Germany