Terms and Conditions
SaaS Agreement
Effective as of: June 19, 2026
1. General
1.1. SaaS Agreement
This Agreement is concluded with NEOB Technology GmbH, FN 662371a, UID ATU82488504, Donau-City-Straße 3, Office 9, 1220 Vienna, Austria, hereinafter referred to as "Provider" or "bitpull.ai", and governs the provision of an AI speech agent for interaction with humans (the "Service") in SaaS form, as well as the provision of related services by bitpull.ai.
1.2. bitpull.ai
The Provider supplies the Client with the bitpull.ai Service. bitpull.ai is a platform for interacting with humans via an AI speech agent. It enables businesses, among other things, to create personalized assistants within minutes, receive inbound calls, schedule appointments, qualify leads, and generate transcripts.
1.3. SaaS – Software-as-a-Service
The bitpull.ai Service is operated in a "Software-as-a-Service" (SaaS) model. bitpull.ai provides the server-side infrastructure, while the Client is solely responsible for their own client-side infrastructure and integrations.
2. Applicability
2.1. Entrepreneur Status and Scope of Application
The Service and all offerings of bitpull.ai are directed exclusively at entrepreneurs (B2B). The Client warrants that they are concluding this Agreement in the exercise of their commercial or independent professional activity (as an entrepreneur within the meaning of § 1 of the Austrian Consumer Protection Act, KSchG, or applicable national law) and not as a consumer. Consumer-protection provisions do not apply to this contractual relationship.
2.2. Contractual Bases
bitpull.ai concludes contracts and provides services exclusively on the basis of written offers prepared by bitpull.ai, along with the valid versions of any service descriptions, price lists, and this SaaS Agreement. These documents form the foundation of all future contracts between the parties without requiring express repeated reference.
2.3. Future Changes
Changes to descriptions of services, price lists, and this SaaS Agreement shall be notified to the Client in writing. They shall be deemed agreed if the Client does not object within six weeks. In the event of material changes that significantly shift the ratio of performance and consideration to the detriment of the Client, the Client shall be granted a special right of termination.
2.4. Supplementary Agreements
All supplementary agreements, whether made prior to or during the contract term, require text form (including email) to be valid.
2.5. Contractual Components Originating from the Client
General Terms and Conditions, specifications, or legally constitutive elements originating from the Client only become part of the contract if expressly and explicitly accepted by bitpull.ai in writing (e.g., "Client GTC accepted"). Mere execution of services does not constitute acceptance of the Client's terms.
2.6. Procedure in the Event of Contradictions
In the event of contradictions between the offer, service descriptions, price lists, and this SaaS Agreement, they shall apply in that respective order. bitpull.ai's terms shall always prevail over any conflicting terms of the Client.
2.7. Severability Clause
Should individual provisions of this Agreement be or become invalid, void, or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that most closely approximates the economic purpose of the invalid provision.
3. Conclusion of Contract
3.1. Offer by bitpull.ai
Offers made by bitpull.ai—whether individualized or non-individualized (e.g., web shop, order forms)—are always non-binding and subject to change.
3.2. Offer by the Client
If the Client places an order, they are bound by such order for two weeks from its receipt by bitpull.ai.
3.3. Acceptance by bitpull.ai
A contract is exclusively concluded upon acceptance of the order by bitpull.ai. This is generally effected in written or text form (e.g., order confirmation email or account activation).
3.4. E-Commerce Exemptions
The information obligations of bitpull.ai set out in § 9 para. 1 nos. 1-4 of the Austrian E-Commerce Act (ECG) are expressly waived.
4. Scope of Services, Order Processing, and Duties to Cooperate
4.1. Place of Performance
The place of performance is the registered office of NEOB Technology GmbH in Vienna, Austria.
4.2. Scope of Services
The scope of services arises from the written description of services within the contract. Changes post-order require mutual agreement.
4.3. Professional Performance and Substitutable Services
bitpull.ai owes professional execution based on the time the offer was submitted. bitpull.ai holds freedom of design and is entitled to replace services with equivalent ones, provided the core functions of the Service are not impaired.
4.4. Contract Term and Termination
Unless otherwise agreed, contracts are concluded for an indefinite period. They may be terminated by either party with a one-month notice period to the end of a calendar month, subject to any agreed minimum term. Fixed-term subscriptions automatically renew for the same period unless canceled with a one-month notice prior to the end of the term.
4.5. Post-Termination Data Export
Upon termination, operational use of the Service ceases immediately. For a period of 30 days post-termination, bitpull.ai grants export-restricted access solely to backup and export data (e.g., transcripts, configurations). After this period, access is permanently deactivated.
4.6. Termination for Good Cause
bitpull.ai is entitled to terminate the contract immediately for good cause, including but not limited to: breach of contract, unauthorized third-party access, illegal usage, network abuse, or misconduct toward bitpull.ai employees.
4.7. Client's Duties to Cooperate
The Client must promptly provide all necessary information, resources, and cooperation required for the Service. The Client bears liability for any delays or additional costs arising from defective or delayed cooperation.
4.8. Legal Duties to Examine
bitpull.ai does not perform legal checks regarding the Client's specific use case. The Client is solely responsible for ensuring their usage of the Service complies with applicable administrative, telecommunications, criminal, copyright, and data protection laws.
4.9. License Rights and Open Source
Upon full payment, the Client receives a non-exclusive, non-transferable license to use the Service for their own business operations. bitpull.ai retains all intellectual property rights. If open-source components are used requiring disclosure, bitpull.ai may publish those components (excluding Client data/prompts).
4.10. Right of Control
bitpull.ai is entitled to monitor compliance with license limits technically (e.g., usage logs, device data), acting strictly under GDPR constraints and confidentiality.
4.11. Reference Right
bitpull.ai is permitted to use the Client's name and logo as a reference in promotional materials. The Client may revoke this consent in writing at any time.
5. Service Level
5.1. Standard Service Level
This SLA defines standard service operations. Support or consulting for third-party applications or extensive training are not included unless separately commissioned.
6. Communication and Support
6.1. Help Resources and Communication
The Client must primarily utilize the provided documentation/help center. Direct communication regarding support shall be directed to support@bitpull.ai or info@bitpull.ai.
6.2. Service Hours
Standard service hours are Monday to Thursday, 08:00 to 17:00 (CET), and Friday, 08:00 to 12:00 (CET), excluding Austrian public holidays. Communication is supported in English and German.
7. Maintenance and Updates
7.1. Scheduled and Extraordinary Maintenance
Maintenance intervals are required for updates and infrastructure optimization. bitpull.ai endeavors to schedule disruptive maintenance during low-impact hours and will notify the Client in advance. Extraordinary maintenance (e.g., security patching) may occur without prior notice.
7.2. Further Development
The Service is continuously evolved. bitpull.ai may add, modify, or deprecate functions and will inform the Client of material changes.
8. Error Correction and Reporting
8.1. Error Classes
Response times apply during standard service hours.
8.2. Reporting
Errors must be reported immediately to support@bitpull.ai with a detailed problem description, context, and visual evidence (if possible).
9. Reliability and Availability
9.1. Guaranteed Uptime
bitpull.ai owes an application availability of 99.0% per calendar year.
9.2. Permissible Unavailability
Planned maintenance (max 4 hours/month), force majeure, third-party infrastructure outages (telecom carriers, AI LLMs), and public internet disruptions count as permissible unavailability and do not breach the SLA.
9.3. Credits
In the event of a shortfall below the guaranteed uptime, the Client may claim a credit equal to twice the shortfall percentage. Claims must be submitted within 60 days of awareness.
10. GDPR and Data Processing
10.1. Data Processing Agreement (DPA)
Where bitpull.ai processes personal data on behalf of the Client, a Data Processing Agreement applies (available upon request or via bitpull.ai/dpa).
10.2. Client's Information Obligations
The Client, as the data controller, is strictly responsible for fulfilling all GDPR obligations (Art. 13/14), including informing callers about recording, transcription, AI usage, and data storage.
11. Duties of Loyalty & Non-Solicitation
11.1. Trade Secrets
Both parties are obliged to maintain the strict confidentiality of all trade secrets, source codes, business strategies, and technical architectures shared during the contract, lasting beyond termination.
11.2. Non-Solicitation
The Client undertakes not to actively solicit bitpull.ai employees during the term and for 24 months thereafter. A contractual penalty of six gross monthly salaries applies in the event of a culpable breach.
12. Remuneration and Payment
12.1. Prices and Billing
All prices are net in Euros, plus applicable statutory VAT. Services are strictly rendered after payment.
12.2. Due Dates and Payment
Invoices are due within 7 days. For online subscriptions, payments are due upon checkout. Credit balances (e.g., prepaid minutes/credits) expire 24 months after purchase.
12.3. Price Adjustments
bitpull.ai may adjust pricing annually based on the Consumer Price Index (CPI) or in the event of uncontrollable third-party cost increases exceeding 3%.
12.4. Payment Default
In case of default, statutory B2B interest (min. 9% p.a.) applies. bitpull.ai reserves the right to suspend services after an unsuccessful 7-day grace period. Rights of set-off or retention by the Client are excluded unless legally established.
13. Usage Restrictions and Responsibility
13.1. Prohibition of Cold Calling
The Client is strictly prohibited from using bitpull.ai or its provided telecom infrastructure to conduct unsolicited advertising calls (Cold Calling).
13.2. Telephony Usage
Numbers provided by bitpull.ai are explicitly for inbound usage unless necessary business verifications for outbound dialing have been completed and approved.
14. Permissible Use of the AI
14.1. Compliance and AI Act
The Service may not be used to make solely automated decisions with legal/significant effects (Art. 22 GDPR).
14.2. AI Transparency
Pursuant to the EU AI Act, the Client (as Deployer) must ensure callers are informed they are interacting with an AI system. bitpull.ai provides the technical features (e.g., entry announcements) to facilitate this.
14.3. Recording and Consent
The Client is solely responsible for ensuring the legal basis for recording and transcribing calls (e.g., obtaining caller consent according to telecom and criminal laws).
14.4. Sensitive Data & Professional Secrecy
The Client must implement technical safeguards if capturing sensitive data. Regulated professions (e.g., lawyers, physicians) must self-verify the legality of using cloud-based AI tools under their specific professional secrecy obligations. bitpull.ai accepts no liability for third-party claims arising from breaches of professional secrecy.
15. Liability and Warranties
15.1. Duty to Inspect
The Client must test and approve configurations promptly. Defects must be reported within 8 days of recognizability, otherwise the service is deemed accepted.
15.2. Statutory Warranty
The right to statutory warranty is limited to six months from handover. bitpull.ai holds the choice of improvement, replacement, or price reduction.
15.3. Exclusions
Claims based on laesio enormis (lesion beyond moiety) and error are excluded. bitpull.ai bears no liability for AI "hallucinations", third-party API outages, or the Client's unapproved modifications.
15.4. Limitation of Liability
Liability for slight negligence is limited to the contract-typical, foreseeable damage, capped at the net annual fee paid by the Client in the 12 months preceding the event. Liability for intent, gross negligence, and personal injury remains unaffected.
16. Final Provisions
16.1. Applicable Law
This Agreement and all business relationships between the parties are governed exclusively by Austrian law, explicitly excluding international conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). Overriding EU regulations (GDPR, EU AI Act) apply directly.
16.2. Place of Jurisdiction
The exclusive place of jurisdiction for all disputes arising from or in connection with this Agreement is the competent court for 1220 Vienna, Austria. bitpull.ai also retains the right to sue the Client at the Client's general place of jurisdiction.