Scope and parties

These Terms of Service (“Terms”) govern the use of the software-as-a-service solution “Numi” (the “Service”) by business customers (“Customer”). Numi is not offered to consumers within the meaning of § 13 of the German Civil Code (BGB).

The Service is operated by Ron Junior van Cann, a sole proprietor (Einzelunternehmer) under German law, trading as “Numi”, with a registered place of business in Germany (the “Provider”).

Conflicting, deviating, or supplementary terms of the Customer become part of the contract only if the Provider expressly consents to them in writing.

Subject matter

The Provider makes Numi, a sales call intelligence platform, available to the Customer over the internet. The current functional scope is set out on numigtm.com and inside the application.

Core functions include:

The Provider is entitled to further develop the Service. Material restrictions of functionality will be announced with reasonable lead time.

Accounts and customer obligations

Use of the Service requires an account. The Customer ensures that the data provided at registration is complete and accurate, and keeps it up to date.

The Customer keeps credentials confidential and reports any unauthorised use without undue delay.

Recording consent

The Customer is responsible for the lawfulness of every recording processed through Numi. The Customer ensures that all individuals whose voice or conversation is processed have been informed in accordance with applicable data-protection law and — where required — have given consent before recording.

The Customer shall not misuse the Service, in particular by uploading unlawful content, infringing third-party rights, or taking measures that jeopardise the security or availability of the Service.

Fees and payment

Fees follow the plan chosen at order. Prices are net of statutory VAT.

No fees are charged during a free trial, pilot, or private-beta phase. After such a phase, a paid order is required for continued use of paid features.

Invoices are due immediately without deduction. Statutory provisions apply in case of default.

Availability, maintenance, and support

The Provider targets an annual availability of the Service of 99.0 %, measured outside announced maintenance windows. Binding service levels are only those set out in a separately agreed SLA.

Maintenance is, where possible, announced and scheduled outside regular business hours.

Support is provided by email Mon–Fri 09:00–17:00 CET at support@numigtm.com.

Rights of use and data rights

For the duration of the contract, the Customer receives a non-exclusive, non-transferable right to use the Service for its own internal business purposes.

All rights in content uploaded by the Customer — in particular audio, transcripts, and CRM data (“Customer Data”) — remain with the Customer. The Provider receives a limited right to process Customer Data to the extent required to provide the Service.

No AI training on your data

The Provider may use anonymised and aggregated statistics to improve the Service. Customer Data is not used to train publicly accessible AI models. Audio is transcribed on the Provider’s own infrastructure in Germany using a self-hosted Whisper model and is not sent to third-party AI providers.

Data protection

To the extent the Provider processes personal data on behalf of the Customer, the parties’ Data Processing Agreement (DPA / AVV) applies in addition. The pre-signed DPA is published at numigtm.com/legal/dpa.

Details of how personal data is processed are set out in the Privacy Policy. The complete, up-to-date list of sub-processors is published at numigtm.com/legal/subprocessors.

Warranties

The Provider warrants that the Service substantially conforms to its description.

Immaterial deviations do not give rise to warranty claims. For material defects, the Provider is first entitled to cure (Nacherfüllung); further claims are governed by statutory law.

Liability

The Provider is liable without limitation for intent and gross negligence, for injury to life, body, or health, under the German Product Liability Act, and within the scope of an assumed guarantee.

For slight negligence in breach of material contractual obligations (Kardinalpflichten), liability is limited to the typical, foreseeable damage. Otherwise, liability for slight negligence is excluded.

The foregoing limitations apply equally to the Provider’s vicarious agents (Erfüllungsgehilfen).

Term and termination

The contract runs indefinitely unless a fixed term has been agreed at order.

Either party may terminate with 30 days’ notice to month-end in text form, unless a different minimum term has been agreed.

The right to extraordinary termination for cause remains unaffected.

On termination, Customer Data is returned or deleted in accordance with the Privacy Policy and the Data Processing Agreement.

Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

Exclusive venue, to the extent legally permissible, is the Provider’s registered seat.

Should individual provisions be invalid, the remaining provisions remain effective.

Changes to these Terms will be communicated by email to registered users at least 14 days before they take effect. The effective date at the top of this page will always reflect the latest revision.

Contact

Questions about these Terms:

Ron Junior van Cann
Einzelunternehmer, trading as “Numi”
Germany
legal@numigtm.com