General terms and conditions (AGB)

1. Scope

The provider of Farola is 997 Ventures UG (haftungsbeschränkt), Sonnenhof 13, 67677 Enkenbach-Alsenborn, Germany, represented by Finn Lauppert von Peharnik (HRB 33133), e-mail: info@farolacare.com.

Draft for legal review. This is a version 1.0 template, not yet cleared by a lawyer. Individual details (billing method, liability cap) are still to be supplied by the provider; until then the draft notice remains.

These general terms and conditions (AGB) govern the contract for the use of Farola between the provider and the care service. Farola is aimed exclusively at businesses; the care service concludes the contract as an entrepreneur (Section 14 BGB). No contract is concluded with consumers.

For the use of the website, the dashboard and the “Farola Care” app by staff, the terms of use also apply. For the processing of personal data, the data processing agreement (DPA) applies. In the event of conflict, these terms and conditions take precedence over the terms of use; for data protection, the DPA takes precedence.

2. Conclusion of the contract

The care service registers online. The contract is concluded in two steps:

• The registration prepares the contract. It takes effect once the contact person opens the confirmation link in their e-mail and sets a password themselves; only then does the care service come into being.
• The contract becomes binding with the acceptance in the product: the administration accepts these terms and conditions and the DPA and acknowledges the privacy policy, via three non-pre-ticked checkboxes.
• Only a person with the Administrator role acts for the care service in doing so. Other roles (Dispatch, Read-only) see a notice, but not the acceptance dialog.
• Farola logs every acceptance in an append-only manner (not overwriting) with name, e-mail, role, time and version, and sends the accepting person a confirmation by e-mail.

3. Services and remuneration

Farola is add-on software for home care services. It runs alongside the existing care software and replaces neither billing nor certified care documentation under SGB XI.

• Base use is free: 0 € a month, no base fee, no minimum purchase.
• Only the use of the AI features is chargeable (such as transcription and analysis of conversations, the voice assistant, the phone AI). It is billed by consumption.
• Prices are exclusive of statutory VAT.

[[Billing of AI usage still to be decided: the prices (price list), the billing method (such as prepayment or a subsequent invoice), the payment method and the due date are added here by the provider.]]

4. Daily AI budget and caps

To protect against unintended costs and abuse, caps on AI usage apply per care service.

• By default these are up to 30 AI calls per minute and a daily budget of 5 € per care service.
• Once a limit is reached, the AI features pause until the next period; the rest of Farola remains usable.
• The limits can be adjusted at the care service's request.

5. AI results and professional responsibility

• Machine-generated content (summaries, analyses, proposed rounds, the assistant's answers) is a suggestion. It may be incomplete or wrong and is checked by a qualified person before use.
• Nursing, medical and dispatch decisions (care, planning, documentation) are the sole responsibility of the care service.
• Farola is not a medical device and not an emergency service. In an emergency, call 112.

6. Availability

We strive for high availability but do not owe any particular availability (no service level agreement). Where possible, we carry out maintenance outside the usual visit hours. Different commitments require a separate agreement.

7. Obligations of the care service

• The care service is responsible for the lawfulness of the data it enters and of the processing.
• It obtains the necessary consents, in particular for recording clients' conversations.
• It ensures the employment-law basis for tracking; caregivers' location data is subject to co-determination (Section 87 BetrVG), and a works agreement can limit tracking.
• It keeps the access data secret, names the persons authorised to instruct, and ends access for staff who have left.
• It uses Farola only for its own work as a care service and not in an unlawful manner.

8. Data processing

For all personal data we process on behalf of the care service, the data processing agreement (DPA) under Art. 28 GDPR applies. It is part of this contract. The care service remains the controller; we process only on its documented instructions.

9. Term, termination and data export

• The contract runs for an indefinite period and has no minimum term.
• Both sides may terminate at any time with ordinary notice. The right to extraordinary termination for good cause remains unaffected.
• After the contract ends, the data processing agreement provides that we return or delete the personal data at the care service's choice (DPA Section 9).
• [[Export and deletion at the end of the contract: procedure and deadline still to be decided.]]

10. Liability

• We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act.
• For slight negligence, we are only liable for breach of an essential contractual obligation (cardinal obligation), limited to the typical, foreseeable damage.
• Liability under the preceding point is limited in total per case of damage to [[liability cap still to be decided]].
• Otherwise, liability is excluded. Liability under Art. 82 GDPR and the DPA remains unaffected.

11. Changes to these terms

• We may change these terms and conditions and the price list with effect for the future if there is an objective reason, such as new features, a change in the law or changed costs.
• We inform the administration of material changes in advance, by e-mail and with a notice in the dashboard, and ask for renewed acceptance in the product.
• If the care service objects to the change or does not accept it, either side may terminate as of when the change takes effect; until then the previous version continues to apply.

12. Apps from the App Store

For apps you obtain via the Apple App Store, Apple's Standard End User License Agreement (EULA) also applies. The contracting party for the app is the provider, not Apple; Apple is not responsible for the app or its content.

13. Final provisions

• German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
• The place of jurisdiction for all disputes arising from this contract is the provider's registered office (Kaiserslautern), where the care service is a merchant, a legal entity under public law or a special fund under public law.
• Amendments and additions require text form.
• Should any provision be invalid, the validity of the remaining provisions is not affected.