General Terms and Conditions

for the Coolblack app and the IT services of Coolblack GmbH · Version: 24 August 2026

§1 Scope

(1) These General Terms and Conditions (GTC) govern the use of the Coolblack app (AI phone agent for iPhone, iPad and Mac) and the individual IT services of Coolblack GmbH, Südfeldwiese 14, 32107 Bad Salzuflen, Germany (hereinafter the "Provider").

(2) The Coolblack app is aimed at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB) who receive calls in the course of their commercial or self-employed professional activity. If a consumer (§ 13 BGB) uses the app, the mandatory statutory consumer-protection provisions apply; to that extent they take precedence over these GTC.

(3) Deviating terms of the customer only become part of the contract if the Provider has expressly agreed to them in text form. Individual agreements take precedence over these GTC in any case.

(4) For purchases within the app (in-app purchases), Apple's terms of use additionally apply; in that respect Apple is the contracting party for payment processing (see § 4).

§2 Services

(1) The Coolblack app is an AI-powered phone agent that runs on the user's Apple device. It answers incoming calls, responds to questions from a knowledge base maintained by the user, records requests and callback wishes, prepares appointments and can transfer calls to humans. The user does not need a server of their own.

(2) The scope of functions results from the current app version. Details of data processing are governed by the privacy policy; the AI models used are described on the AI transparency page.

(3) Depending on the tier selected by the user, the app integrates language models and speech-synthesis services of third-party providers (in particular Google Cloud and — for former premium voices of existing agents — Cartesia). In the "Local" tier the AI runs entirely on the device. The Provider has no influence on the further development of the third-party models; changes to them do not constitute a defect as long as the basic functionality is preserved.

(4) Optionally, the Provider makes a Coolblack phone number available to the user (local number from the Bad Salzuflen area). Technical provision takes place via a telephony carrier (easybell GmbH); in this respect the Provider is not itself a network operator. The number serves exclusively for the acceptance of incoming calls by the agent; the user can forward their existing number to the Coolblack number. There is no entitlement to a specific number; the number is provided to the user for use but not transferred into their ownership, and number porting is not possible.

(5) The Provider additionally renders individual IT services (app development, automation & AI, Apple IT consulting). The scope and remuneration of these services are governed exclusively by the respective individual offer; there is no fixed tariff model for them.

§3 Conclusion of contract

(1) The contract for use of the app is concluded upon downloading the app from the Apple App Store. The app is free of charge and includes a starting credit.

(2) Contracts for paid unit packages or a Coolblack phone number are concluded through the respective in-app purchase via the Apple App Store.

(3) Contracts for individual services are concluded through the Provider's written order confirmation or through commencement of performance.

§4 Prices and payment

(1) The app is provided without a basic fee and without a subscription. Usage is billed in units, which are consumed per call minute; consumption depends on the selected tier. Starting units are included free of charge with the download.

(2) Additional units and an optional Coolblack phone number are acquired as in-app purchases. The applicable prices are displayed in the App Store before purchase and include statutory VAT. Purchased units do not expire.

(3) Payment processing is handled entirely by Apple (StoreKit). The Provider receives no payment data (credit card, IBAN, name) and issues no invoice of its own and no SEPA direct-debit mandate for in-app purchases. You receive purchase receipts from Apple.

(4) Remuneration and payment terms for individual services result from the respective offer.

§5 Term, termination, withdrawal

(1) Use of the app has no minimum term and no subscription. You can uninstall the app at any time without giving notice; unused units are retained for any future use.

(2) The withdrawal and refund rules of the Apple App Store apply to in-app purchases. Please address refund requests to Apple.

(3) Insofar as consumers have a statutory right of withdrawal, it remains unaffected. For digital content, the right of withdrawal may expire early if performance began with the user's express consent.

(4) Contracts for individual services can be terminated in accordance with the terms agreed in each case; the right to extraordinary termination for good cause remains unaffected.

(5) A booked Coolblack phone number is only released once the user deliberately deletes it or the associated account in the app. Merely uninstalling the app does not automatically release the number; numbers that have not been released remain allocated to the user.

§6 User's duties to cooperate

(1) The user provides the information required for setup and operation (in particular the content of the knowledge base) and ensures that it is accurate and legally unobjectionable.

(2) As the data controller, the user is responsible for informing their callers about the use of the AI and for complying with the applicable data-protection requirements. The data processing agreement additionally applies.

(3) The user ensures that they hold the necessary rights to any phone number or SIP connection used.

§7 Availability

(1) The Provider operates the server-side services with customary care and aims for high availability, but does not owe uninterrupted availability. Maintenance and update windows may be required.

(2) Outages caused by force majeure, disruptions at third-party providers (e.g. Google, Cartesia, Apple, telecommunications or SIP providers) or causes within the user's sphere of responsibility do not give rise to claims against the Provider.

§8 Support

Support is provided by email (info@coolblack.gmbh) and by phone during regular business hours (Mon–Fri, 9:00–17:00, except public holidays in North Rhine-Westphalia). Enquiries are usually handled within 24 hours (on working days).

§9 Liability and AI risks

(1) Coolblack is an AI system. AI-generated responses can be incorrect or incomplete ("hallucinations"), and speech recognition can confuse words. The user verifies important information (in particular prices, appointments, statements relevant to legal or safety matters) through measures of their own. The Provider gives no warranty for the substantive accuracy of individual AI responses or for knowledge-base content provided by the user.

(2) The Provider is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act. In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the Provider's liability is limited in amount to the foreseeable damage typical of the contract. In all other respects, liability is excluded.

§10 Warranty

The statutory warranty rights apply. For services provided free of charge (in particular free use of the app and the starting credit), the Provider is liable in accordance with the statutory provisions on gifts and on digital products.

§11 Data protection

The processing of personal data is governed by the privacy policy. If the user deploys the app to receive calls from third parties, the data processing agreement pursuant to Art. 28 GDPR additionally applies.

§12 Changes to these GTC

The Provider may amend these GTC with effect for the future insofar as this is necessary to adapt to changes in the law, case law or app functions and does not unreasonably disadvantage the user. The user will be informed of material changes in an appropriate manner (e.g. by an in-app notice).

§13 Final provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, mandatory protective provisions of their state of residence remain unaffected.

(2) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the Provider's registered office.

(3) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.