Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the software-as-a-service platform (“Platform”) operated by Kugelblitz FlexCo, registered under FN 653502h, with its registered office at Kegelgasse 24/25, 1030 Vienna, Austria (“Kugelblitz”, “we”, “us”, or “our”).

By creating an account, subscribing to a plan, or otherwise using the Platform, you (“Customer”, “you”, or “your”) agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

These Terms are directed exclusively at businesses and professionals. By accepting these Terms, you confirm that you are acting in a business or professional capacity.

“Companion” means a digital knowledge assistant created and operated on the Platform on behalf of the Customer, trained exclusively on content provided by the Customer, enabling voice and text interactions with End Users. Companions use artificial intelligence to deliver the Customer’s expertise and are not general-purpose AI assistants.

“End User” means a customer, client, or user of the Customer who interacts with a Companion without entering into a contractual relationship with Kugelblitz.

“Training Data” means all content, data, documents, transcripts, recordings, knowledge bases, and other materials provided by the Customer for the purpose of creating, configuring, training, and operating a Companion.

“Output” means any content generated by the Platform or a Companion, including text responses, summaries, insights, and reports.

3.1 General. Kugelblitz develops and operates a knowledge management platform that enables professionals to deliver their expertise at scale through individualized Companions. The Platform uses artificial intelligence as the delivery mechanism for Customer-provided knowledge.

3.2 Core Features. Subject to the subscribed plan, the Platform provides the following core features:

• Hosting of the Companion on the Kugelblitz Platform and access via a dedicated profile page and/or embeddable link
• Voice and text interactions between End Users and the Companion, including via WhatsApp
• Storage of conversation histories and relationship context per End User to enable personalized, ongoing interactions across sessions
• Generation of proactive reports, summaries, and insights from End User interactions, including trends, issues, and suggested follow-up actions
• Quality assessment and monitoring of conversation quality through scoring systems, benchmarks, reference conversations, and analytics
• Automated content moderation to prevent the generation of offensive, sexual, harmful, or off-topic content

3.3 Nature of Service. Kugelblitz orchestrates conversations and generates responses drawn from the Customer’s knowledge base. The Customer retains control over the Companion’s knowledge, including the ability to review conversations, update Training Data, and configure response guidelines. The Customer is responsible for the accuracy of the knowledge base and may provide direct support to End Users when needed. Kugelblitz does not guarantee any particular business outcome and is solely obligated to provide the Platform in accordance with the subscribed feature set.

4.1 Registration. To use the Platform, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4.2 Access for End Users. End Users access the Companion via a profile link shared by you, a profile page, an embed on your website, or messaging channels such as WhatsApp. The specific access methods depend on your subscription plan.

5.1 License Grant. For the duration of your subscription, Kugelblitz grants you a non-exclusive, non-transferable, non-sublicensable right to use the Platform and its features within the scope of your subscribed plan and for your own business purposes.

5.2 Restrictions. You shall not:

• make the Platform available to third parties, rent, lease, or sublicense it
• reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code, algorithms, or functionality of the Platform, except where mandated by applicable law
• use the Platform, the Companion, or any Output to develop, train, or improve your own or third-party artificial intelligence systems, unless expressly agreed in writing
• remove, alter, or obscure any copyright notices, trademarks, or other proprietary markings of Kugelblitz
• exceed the usage limits of your subscribed plan, including limits on the number of Companions, users, voice minutes, interactions, or other usage units

5.3 Excess Usage. If you exceed the usage limits of your plan, Kugelblitz may restrict usage or charge additional fees in accordance with the applicable pricing.

6.1 Onboarding. During onboarding, Kugelblitz works with you to create, configure, and make your Companion operational.

6.2 Training Data. You provide Kugelblitz with the Training Data necessary for creating, configuring, training, and operating your Companion. This may include recordings, documents, frameworks, FAQs, transcripts, knowledge bases, voice recordings, and other knowledge artifacts.

6.3 Ongoing Updates. You may expand and update the Companion’s knowledge during operation through the means provided by the Platform, including direct voice interaction, document uploads, and third-party integrations, subject to your subscription plan.

6.4 License to Training Data. By providing Training Data, you grant Kugelblitz a non-exclusive, non-transferable license to use, process, store, structure, analyze, and incorporate this content into the Companion’s knowledge base to the extent necessary for the performance of the service.

6.5 No LLM Training with Customer Data. Kugelblitz does not use Customer data or Training Data to train large language models. We use publicly available models (currently OpenAI GPT). Improvement of your individualized Companion occurs exclusively within your isolated knowledge base — there is no cross-customer data usage.

Conversation data from messaging channels (including WhatsApp) is used solely to provide the service: generating contextual responses and maintaining conversation continuity for the individual Companion. This data is not used to create, develop, train, or improve general-purpose AI models. Per-Companion improvements occur exclusively within the Customer’s isolated knowledge base.

Kugelblitz may use anonymized and aggregated data (e.g., number of conversations, average session duration) to improve Platform performance and user experience. No personal data or conversation content is used for this purpose.

6.6 Your Obligations Regarding Training Data. You represent and warrant that:

• you hold all necessary rights to the Training Data
• the Training Data does not infringe the rights of any third party
• all applicable data protection requirements, including the GDPR, have been complied with
• you will provide accurate and up-to-date Training Data and cooperate in quality assurance processes
• you will not upload content that is unlawful, defamatory, or otherwise impermissible under applicable law

7.1 Plans. Kugelblitz offers the following subscription plans:

• Starter — €49/month
• Builder — €99/month
• Scale — €149/month

Pricing is subject to change. The current pricing is always available on our website.

7.2 Billing. Subscriptions are billed monthly via Stripe. Invoices are issued at the beginning of each billing period.

7.3 Payment. All fees are due upon receipt of invoice and are payable in EUR. Payments are processed through Stripe.

7.4 Late Payment. In the event of late payment, statutory default interest applies. Kugelblitz may, after prior notice and a reasonable grace period, temporarily restrict or suspend access to the Platform.

8.1 Kugelblitz IP. All intellectual property rights in the Platform, including copyrights, trade secrets, patents, and trademarks, belong exclusively to Kugelblitz. This includes all modifications, enhancements, orchestration systems, quality assessment systems, moderation technologies, and underlying software and algorithmic systems.

8.2 Customer IP. You retain all rights to the data, content, documents, and materials you provide, including Training Data.

8.3 Output. You receive a simple, non-exclusive right to use Output generated by the Platform for your own business purposes. Kugelblitz does not warrant the copyrightability, exclusivity, or non-infringement of Output.

9.1 Service Availability. Kugelblitz will use commercially reasonable efforts to maintain high availability of the Platform. Scheduled maintenance will be communicated in advance where possible. A specific uptime guarantee is only owed if expressly agreed in writing.

9.2 AI-Specific Disclaimers. You acknowledge that the Platform is based in whole or in part on artificial intelligence systems whose results are based on probabilistic models. This may result in:

• factually incorrect, incomplete, or misleading outputs
• different results for the same inputs
• unpredictable or unexpected responses (hallucinations)

Complete accuracy of generated content is not technically possible and is not guaranteed.

9.3 No Professional Advice. The Companion is a knowledge sharing tool and does not replace legal, medical, financial, therapeutic, or other regulated professional advice. You shall not present or use the Companion as a substitute for qualified professional advice.

9.4 Limitation of Warranty. Kugelblitz does not warrant the accuracy, completeness, timeliness, or suitability of any Output, nor any decisions or actions taken on the basis of such Output. Warranty claims are excluded to the extent that defects are attributable to Training Data provided by you, insufficient cooperation, or impermissible use.

10.1 Unlimited Liability. Kugelblitz is liable without limitation for damages caused intentionally, for injury to life, body, or health, and under applicable product liability law.

10.2 Limited Liability. For damages caused by slight negligence, Kugelblitz is liable only for breach of material contractual obligations, limited to foreseeable and contract-typical damages. Liability for lost profits, indirect damages, consequential damages, and third-party claims is excluded in cases of slight negligence.

10.3 Liability Cap. To the extent permitted by law, the total liability of Kugelblitz under or in connection with these Terms, regardless of the legal basis, is limited per contract year to the net fees paid by you for the Platform in the relevant contract year. This cap does not apply in the cases described in Section 10.1.

10.4 Kugelblitz Is Not Liable For:

• the accuracy, completeness, or quality of Training Data provided by you
• decisions, actions, or omissions by you, your End Users, or third parties based on interactions with the Companion or generated Output
• content generated on the basis of inaccurate, incomplete, unlawful, or insufficiently licensed data provided by you
• the marketing, positioning, or commercial use of the Companion by you

11.1 Transparency Toward End Users. You must inform your End Users that they are interacting with an AI system and not a natural person, in accordance with applicable laws, including the EU AI Act. You shall not take any measures to conceal or misrepresent the AI nature of the Companion. Kugelblitz implements transparency requirements at the Platform level.

11.2 Responsibility for End Users. You bear sole responsibility for your relationship with your End Users, including how you market, position, and deploy the Companion. You are responsible for managing End User expectations regarding the nature, scope, and limitations of the Companion.

11.3 Legal Compliance. You must ensure that your use of the Companion and the data processed thereby complies with all applicable laws, including data protection, consumer protection, and regulatory requirements.

11.4 Prohibited Uses. You shall not use the Companion for:

• medical, therapeutic, or clinical advice
• personnel decisions, including hiring, performance evaluation, or termination
• creditworthiness assessments or decisions on financial eligibility
• law enforcement, judicial decision-making, or public safety applications
• any application classified as prohibited or high-risk under applicable AI law, where this would trigger additional regulatory obligations not expressly agreed upon
• any use likely to produce unlawful, discriminatory, misleading, or harmful outcomes

11.5 No Direct Relationship with End Users. No direct contractual relationship is established between Kugelblitz and your End Users by virtue of their use of the Companion. For monetized Companions, End Users transact with you, not with Kugelblitz.

11.6 WhatsApp Messaging. If you use WhatsApp as a communication channel for your Companion, the following additional obligations apply:

• WhatsApp messaging is provided through Meta’s WhatsApp Business Platform and is subject to the WhatsApp Business Policy and Commerce Policy
• You must ensure that End Users have explicitly opted in before receiving WhatsApp messages from your Companion
• You shall not use WhatsApp to send unsolicited or spam messages
• Message templates used for proactive outreach must comply with Meta’s template policies
• You must respect all opt-out requests immediately, whether received on or off WhatsApp
• Kugelblitz reserves the right to suspend your access to WhatsApp messaging if Meta’s policies are violated
• WhatsApp conversation data is used solely to provide the service on behalf of the Customer and is not used to train or improve general-purpose AI models
• Availability of WhatsApp features may vary by region based on Meta’s platform policies

12.1 Term. These Terms take effect upon account creation and subscription. The initial term corresponds to the billing cycle you selected (monthly).

12.2 Renewal. Unless terminated, your subscription renews automatically for successive periods corresponding to your billing cycle.

12.3 Ordinary Termination. Either party may terminate by providing notice before the end of the current billing period. Termination takes effect at the end of the current billing period. There is no pro-rata refund for the remaining period. Notice by email is sufficient.

12.4 Termination for Cause. Either party may terminate for cause, in particular if:

• the other party materially breaches these Terms and fails to cure such breach within 14 calendar days of written notice
• you are in arrears with more than two due payments
• you violate the usage restrictions, transparency obligations, or prohibited use provisions
• insolvency proceedings are opened against either party or are rejected for insufficient assets

12.5 Effects of Termination. Upon termination:

• all usage rights cease
• your Companion will be deactivated and will no longer be accessible to End Users
• Kugelblitz will, at your choice, return your data in a structured, commonly used, and machine-readable format or delete it in accordance with applicable data protection agreements, unless statutory retention obligations apply
• accrued payment obligations remain unaffected

You are responsible for informing your End Users about the discontinuation of the Companion service.

Kugelblitz may amend these Terms for objectively justified reasons, including changes in law, technical requirements, or security requirements, provided that such amendments do not adversely affect the core services or agreed fees.

Changes will be communicated to you at least 30 days before they take effect. If you object to the changes within 30 days of receipt of the notice, the existing terms remain in force; in such case, Kugelblitz is entitled to terminate the agreement at the end of the current billing period.

Changes to core services and pricing require your consent and are excluded from unilateral amendment.

The processing of personal data in connection with the Platform is governed by the Data Processing Agreement between the parties, which forms an integral part of these Terms. Kugelblitz maintains a separate Privacy Policy describing data processing activities in detail.

For questions regarding data protection, contact:

Samuel Koch
Email: samuel.koch@kugelblitz.ai
Phone: +43 676 9430077

Each party undertakes to treat all confidential information, business secrets, and trade secrets of the other party obtained in connection with these Terms as confidential for an unlimited period and to use them exclusively for the purposes of performing under these Terms.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly known without breach of a confidentiality obligation; (b) was already lawfully known to the receiving party; (c) was independently developed without reference to confidential information; or (d) must be disclosed by mandatory law or governmental order.

If a third party asserts claims against you alleging that the contractual use of the Platform infringes third-party rights, you must notify Kugelblitz immediately in writing. Kugelblitz may, at its discretion, assume the defense of such claims.

Kugelblitz is not liable where claims arise from: (a) use of the Platform outside the agreed scope; (b) modifications by you or third parties; (c) Training Data or content provided by you; or (d) your marketing, positioning, or deployment of the Companion outside the intended use.

These Terms and all non-contractual obligations arising from or in connection with them are governed by Austrian law, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.

The Commercial Court of Vienna (Handelsgericht Wien) has exclusive jurisdiction for all disputes arising from or in connection with these Terms.

18.1 Severability. If any provision of these Terms is or becomes invalid, unenforceable, or void, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that most closely reflects its economic purpose.

18.2 Assignment. You may not assign or transfer any rights or obligations under these Terms without Kugelblitz’s prior written consent. Kugelblitz may transfer these Terms in connection with a merger, reorganization, company sale, or disposal of all or substantially all of its assets.

18.3 No Waiver. The failure or delay by either party to exercise any right under these Terms shall not constitute a waiver of that or any other right. A waiver is only effective if expressly declared in writing.

18.4 Entire Agreement. These Terms, together with the Data Processing Agreement and Privacy Policy, constitute the entire agreement between you and Kugelblitz with respect to the use of the Platform.

18.5 Contact.

Kugelblitz FlexCo
Kegelgasse 24/25
1030 Vienna, Austria
FN 653502h

Email: samuel.koch@kugelblitz.ai
Phone: +43 676 9430077

These Terms of Service are provided in English for convenience. In the event of any conflict with the German-language contractual documents, the German version shall prevail.