Terms and Conditions (T&C) – Velyx.ai

Last Updated: April 2026

1. Scope and Subject Matter

1.1 These General Terms and Conditions ("T&C") apply to all contracts between Velyx GmbH ("we", "our", or "us") and its customers regarding the use of the Velyx.ai agentic-powered communication platform (the "Service").
1.2 Velyx GmbH provides an Agentic AI Sales and Service Agent specifically engineered for the automotive industry. The Service is designed to automate lead generation, customer qualification, and complex sales support with deep domain expertise in vehicle dealership operations.
1.3 These T&C apply exclusively to business customers (B2B). Any conflicting terms of the Client shall not apply unless expressly agreed upon in writing.

2. Services and Agentic AI Architecture

2.1 Agentic AI Agent: Velyx provides a specialized AI Sales and Service Agent that operates as a high-fidelity digital representative for the dealership across multiple channels.
2.2 Hybrid Architecture and Data Residency: The Service utilizes a hybrid architecture, leveraging Requesty as a unified AI gateway to route inquiries to high-performance models including OpenAI, Anthropic Claude, and Qwen. To ensure maximum security and compliance, the Service is executed and hosted exclusively on secure German servers from Hetzner.
2.3 Omnichannel Capabilities: The Service includes automated engagement via WhatsApp, Instagram, Facebook Messenger, Email, and Autonomous AI Voice Telephony, as well as automated responses to marketplaces such as moble.de and Autocouts24.
2.4 Data Sovereignty: Velyx maintains sovereignty over the routing and security layers of its AI platform. Through the use of Zero Data Retention (ZDR) protocols, Velyx ensures that dealership data remains isolated and protected from third-party model training.
2.5 Sales Logic: The AI is engineered to handle complex workflows, including VIN-based vehicle inquiries, feature explanations, and appointment scheduling. While the AI is trained for high accuracy, it remains a probabilistic system; final legal or financial offers remain the responsibility of the Client.

3. Obligations of the Client

3.1 The Client is responsible for the accuracy of the dealership-specific data (inventory, pricing, opening hours) integrated with the Velyx Agent.
3.2 The Client must ensure that the deployment of the Agent complies with local regulations, including the GDPR, German telecommunications laws, and the transparency and human-oversight requirements of the EU AI Act.

4. Fees and Payment

4.1 Subscription fees are detailed in the individual Order Form. All prices are net plus applicable VAT.
4.2 Payments are due within 14 days of the invoice date. Velyx GmbH reserves the right to suspend services in the event of significant payment delays.

5. Data Privacy and "No-Training" Policy

5.1 Velyx GmbH acts as a Data Processor for the Client. A separate Data Processing Agreement (DPA) is required for full compliance with Art. 28 GDPR.
5.2 Zero Data Retention (ZDR) Guarantee: Velyx guarantees that customer data and transcripts processed via the AI gateway are never used to train underlying global models for other entities. Dealership data remains the exclusive property of the Client.
5.3 All primary data processing and storage occur within the European Economic Area (EEA).

6. Warranty and Liability

6.1 AI Nature: Velyx provides a tool based on probabilistic models; 100% accuracy is not guaranteed. The Client is solely responsible for verifying high-stakes data before finalization with end-customers.
6.2 Unlimited Liability: Velyx is liable without limit only for intentional misconduct, gross negligence, injury to life/body/health, or claims under the Product Liability Act.
6.3 Limited Liability: For slight negligence, liability is restricted to the breach of "Essential Contractual Duties" (Kardinalpflichten) and limited to typical, foreseeable damages. Total aggregate liability per contract year is capped at the total fees paid by the Client in the preceding 12 months.
6.4 Exclusions: To the extent permitted by German law, Velyx is not liable for loss of profit, loss of business opportunities, or loss of data that could have been prevented by Client backups.

7. Term and Termination

7.1 Unless otherwise agreed, the license term is 6 months. The contract automatically renews for successive 6-month periods unless terminated in writing at least four weeks before the end of the current term.

8. Governing Law and Jurisdiction

8.1 These terms are governed by the laws of the Federal Republic of Germany.
8.2 The exclusive place of jurisdiction for all disputes is the registered office of Velyx GmbH in Hamburg.

Velyx GmbH · Cremon 11, 20457 Hamburg, Germany

Commercial Register: HRB 198075 (Amtsgericht Hamburg)

Contact: [email protected]