Terms and conditions

1. Scope

These terms apply to all contracts for the use of Hevia between evioe · Web & IT Studio, owner Mahsum Kavak, Schwarzwaldstr. 61, 79539 Lörrach, Germany (“we”) and the customer. Hevia is offered exclusively to entrepreneurs within the meaning of section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law, not to consumers. Conflicting terms of the customer only apply if we expressly agree to them in text form.

2. Conclusion of contract and account

The contract is concluded when the customer signs up for Hevia, agrees to these terms and we activate the account; activation takes place on completion of sign-up. Anyone signing up for a company warrants that they are authorised to do so. The customer keeps its login details secret and is responsible for actions taken through its account and the accounts of its team.

3. Services

Hevia is an AI assistant for the customer’s website. It answers visitors’ questions from the knowledge entries the customer enters in the dashboard, takes requests through forms and makes them available to the customer in the dashboard. This includes reading website content as a proposal, a test chat, statistics, team access, a data export and pausing the public chat. The scope of each plan is described on the pricing page.

We may develop Hevia further and change features, provided the contractually agreed core of the service is preserved and the change is reasonable for the customer.

4. Pilot phase

During the pilot phase Hevia is free of charge. During this time we provide Hevia on a best-efforts basis, without guaranteed availability and with a daily limit on AI answers per business. Either side can end use during the pilot phase at any time. Hevia only becomes chargeable under a separate agreement in text form.

5. AI answers

The answers are generated by an AI model based on the customer’s entries. Despite all precautions, they can be incomplete or wrong. Hevia makes no binding declarations on behalf of the customer; bookings, appointments and commitments only come about when the customer confirms them. The chat is always labelled as AI towards visitors; the customer must not hide or remove this label.

6. Customer obligations

• The customer only enters content that is accurate and that it is entitled to use, and keeps it up to date.
• It does not enter special categories of personal data (Art. 9 GDPR) in the knowledge base and does not request them in forms.
• It informs the visitors of its website about the chat in its privacy policy; we provide a text module for this.
• It does not use Hevia for unlawful purposes, for advertising without consent or for content that infringes third-party rights.
• It does not attempt to circumvent security measures, limits or the separation of businesses.

7. Content and rights

The customer’s content and the conversations on its website belong to the customer. It grants us the rights needed to store, process and display them for the agreed service. We do not use them for our own purposes or to train AI models. The customer receives a simple, non-transferable right to use the Hevia software for the term of the contract.

8. Availability and limits

We strive for operation that is as uninterrupted as possible. We only guarantee a specific availability if it is expressly stated in the plan. Maintenance and disruptions for which we are not responsible are excluded, in particular outages of hosting, database or AI providers. If the AI is unavailable or the daily limit is reached, Hevia answers directly from the entries without AI where possible. In the event of misuse or a security risk we may temporarily block access; we inform the customer of this without delay.

9. Prices and payment

For paid plans, the prices agreed when the contract is concluded apply. Billing is monthly or annually in advance. As long as we are a small business under section 19 of the German VAT Act (UStG), we do not charge VAT. No commission is charged on bookings.

10. Term and termination

Monthly contracts can be terminated at any time with effect from the end of the month, annual contracts with effect from the end of the term. The right to terminate for good cause remains unaffected. Termination is possible in text form or by the customer deleting its business in the dashboard.

11. Data after the end of the contract

The customer can export its data as a file in the dashboard at any time. After the end of the contract we keep the data available for export for 30 days and then delete it; if the customer deletes its business itself, the data is deleted immediately. It remains in our encrypted backups for at most a further 30 days.

12. Data protection

We process visitors’ personal data on behalf of the customer. The data processing agreement, which forms part of this contract, applies to this. Our privacy policy applies to the data of the customer and its team.

Anonymous statistics: we may derive anonymised, aggregated metrics from the use of Hevia, for example the number of questions answered, the share of questions resolved without handover to the team, frequent topics or response times. We may use these metrics for an unlimited period, including after the end of the contract, for the operation, improvement and further development of Hevia and for general statements about Hevia, such as “Hevia answers 85% of questions itself”. The metrics do not allow any conclusions to be drawn about individual persons, conversations or customers. In doing so, we name the customer only with its consent. We do not use personal data for this.

13. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given. In the event of a slightly negligent breach of a material contractual obligation, i.e. an obligation whose fulfilment makes the contract possible in the first place and on whose observance the customer may rely, liability is limited to the foreseeable damage typical for the contract, at most to the fees for the 12 months before the damage occurred. Otherwise, liability for slight negligence is excluded. During the free pilot phase we are only liable for intent, gross negligence, injury to life, body or health, under the Product Liability Act and to the extent of a guarantee given.

We are not liable for answers based on incorrect or incomplete entries by the customer.

14. Changes to these terms

We announce changes in text form at least six weeks before they take effect. If the customer does not object by then, they are deemed accepted; we point out this consequence in the notice. If the customer objects, either side may terminate the contract with effect from the date the changes take effect.

15. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Lörrach. Should any provision be invalid, the rest of the contract remains valid.