Terms and conditions
Version of 21 September 2026.
1. Provider and scope
1.1 The provider of ChatFlamingo is CertoClav Sterilizer GmbH, Peintner Straße 10, 4060 Leonding, Austria, FN 122912d, Landesgericht Linz (“we”). ChatFlamingo is a brand of CertoClav Sterilizer GmbH.
1.2 These terms apply to all contracts for the use of ChatFlamingo, both in the free plan and in the paid plans.
1.3 The offer is addressed exclusively to entrepreneurs within the meaning of § 1 of the Austrian Commercial Code. No contract is concluded with consumers.
1.3a If someone who is not an entrepreneur signs up, we may close the account without notice. In that case we refund fees already paid on a pro rata basis.
1.4 Differing terms of the customer apply only if we expressly agree to them in writing.
2. Subject of the service
2.1 ChatFlamingo is a chat widget for websites with a dashboard for handling the conversations. The service is provided as software over the internet; the software itself is not handed over.
2.2 The scope of the service follows from the description on chatflamingo.com at the time the contract is concluded.
2.3 In addition, the software can answer visitor questions automatically. The answers are generated by a language model from the content the customer provides.
3. Conclusion of contract and account
3.1 The contract is concluded when an account is created.
3.2 The customer keeps their access credentials secret and informs us without delay if misuse is suspected.
4. Free plan
4.1 The free plan is free forever and is not a time-limited trial. No payment details are required for it.
4.2 It includes in particular:
- the chat widget on one website
- live chat with no limit on conversations and messages
- up to three team members
- 100 AI answers per calendar month, not transferable to following months
- a conversation history of 60 days
- a “with ChatFlamingo” note in the chat window, which cannot be switched off in this plan
4.3 If the widget of a free account is not loaded for 90 days, we are entitled to shut the account down after prior notice by email and to delete the data.
4.4 There is no entitlement to permanent free provision. We may change or discontinue the free plan on reasonable notice; the notice period is at least three months.
5. Paid plans
5.1 Paid plans differ from the free plan in the monthly allowance of AI answers. In addition, the limit of three team members and the note in the chat window fall away, and several websites can be operated.
5.2 The plans and prices stated on chatflamingo.com/pricing apply.
6. Billing of AI answers
6.1 Billing is based exclusively on the number of answers the language model generates.
6.2 Not counted against the allowance are:
- messages the customer or their team writes themselves; live chat is unlimited
- stored instant replies to the quick questions
- an open chat window without a question
- the handover to a human and the email form
6.3 The customer selects the model level in the dashboard. Depending on the level, an answer uses a multiple of the allowance: level “Standard” factor 1, level “Better” factor 4, level “Strong” factor 20. The level can be changed at any time and takes effect from the next answer.
6.4 At 80 per cent of the allowance we notify the customer. Once the allowance is used up, the language model stops answering questions and the chat offers an email form instead. Live chat remains fully usable. There is no automatic upgrade and no additional charge beyond the plan booked.
7. Prices and payment
7.1 All prices are net, plus statutory VAT.
7.1a If the customer is established in another member state of the European Union and provides a valid VAT identification number, we invoice without Austrian VAT; the tax liability passes to the customer under Art. 196 of Directive 2006/112/EC (reverse charge). Where the customer is established outside the European Union, the service is not taxable in Austria; taxes and duties in the customer's country of establishment are borne by the customer. The customer notifies us without delay of changes to their VAT identification number.
7.2 The fee is due monthly in advance.
7.2a We make the invoice available electronically as a PDF; the customer consents to electronic invoicing. The available means of payment follow from the dashboard. As long as no payment processing is set up there, billing is by invoice with a payment term of 14 days from the invoice date.
7.2b In the event of late payment, the statutory default interest under § 456 of the Austrian Commercial Code applies. After an unsuccessful reminder with a grace period of 14 days, we may restrict the paid services until the outstanding amount is settled. The free plan is unaffected by this.
7.3 We notify price changes in text form at least six weeks before they take effect. If the customer does not object before they take effect, the change is deemed accepted; we point out this consequence in the notice. If the customer objects, the contract ends when the change takes effect.
7.4 An increase in the fee for a plan already booked takes effect at the earliest at the end of the current billing month. The balance of performance and consideration is preserved: we do not increase the fee without adjusting the included allowance or the scope of the service accordingly, unless the increase offsets increased costs for language models, infrastructure or levies.
8. Term and termination
8.1 The contract runs for an indefinite period. There is no minimum term.
8.2 Either side may terminate with one month's notice to the end of a month. Termination may be declared in the dashboard or in text form.
8.3 The right to extraordinary termination for good cause remains unaffected.
8.4 After the contract ends we delete the customer's data after 30 days, unless a statutory retention obligation prevents this. Until then the customer can export their data.
8.5 Within those 30 days we provide the customer, on request, with a machine-readable copy of their conversations and contacts. We do not owe any export beyond that into a particular format.
9. Customer's obligations
9.1 The customer is responsible for ensuring
- that the content they provide is correct and up to date,
- that they are entitled to use that content,
- that they inform their visitors properly under data protection law and link to their own privacy policy in the chat window,
- that they use the widget only on domains they have approved in the dashboard and for which they are authorised.
9.2 The customer does not use the service unlawfully, in particular not to distribute unlawful content and not in a way that impairs its functioning.
9.3 We are entitled to take technical measures against abusive use, in particular limits on requests per visitor.
10. Availability
10.1 We strive for high availability. No particular availability is promised; there is no service level agreement.
10.2 Maintenance work and faults at upstream suppliers can lead to interruptions. We announce plannable maintenance where possible.
11. The AI's answers
11.1 The language model generates answers from the content the customer provides. If that content is incomplete, incorrect or out of date, the answers may be incomplete, incorrect or out of date too.
11.2 We promise neither the accuracy nor the completeness of the generated answers. The customer checks answers that matter to them and uses the correction options available in the dashboard for that purpose.
11.3 The customer remains responsible towards their visitors for the information given through their chat widget.
11.4 Points 11.1 to 11.3 describe the scope of what is owed. Liability under point 12 is neither excluded nor limited by them.
12. Warranty and liability
12.1 We provide the service with the care of a prudent business. The software is continuously developed further; what is owed is the current version at any given time.
12.2 No particular availability is owed unless it has been expressly agreed. We announce planned maintenance work in advance where possible and schedule it for quiet times.
12.3 The customer reports defects comprehensibly and without delay after becoming aware of them. We remedy them within a reasonable period. If remedy fails twice, the customer may terminate the contract with immediate effect in respect of the affected service.
12.4 We are liable without limitation for intent and gross negligence as well as for damage arising from injury to life, body or health.
12.5 In the case of slight negligence we are liable only for breach of an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may rely, and only for the damage typical of the contract and foreseeable.
12.6 Liability under point 12.5 is limited in amount per instance of damage to the fee the customer paid in the twelve months before the damaging event, and in total per calendar year to the same amount. If the customer uses only the free plan, the limit is 500 euros.
12.7 In the case of slight negligence, liability for lost profit, indirect damage and consequential damage is excluded. For the loss of data we are liable in the case of slight negligence only up to the amount of the effort that would have been required for restoration had the customer backed up their data properly.
12.8 Liability under the Austrian Product Liability Act and under mandatory statutory provisions remains unaffected.
12.9 Claims for damages against us must be asserted in court within six months of becoming aware of the damage and the party causing it, failing which they lapse, but at the latest within the statutory limitation period.
13. Data protection
13.1 The customer is the controller under data protection law for data they process through ChatFlamingo. We process that data as a processor on their instructions.
13.2 The data processing agreement forms part of this contract.
14. Changes to these terms
14.1 We may change these terms where there is an objective reason to do so — in particular a change in the law or in supreme court case law, an order by an authority, a change in the scope of the service, new features or changed security requirements.
14.2 We notify the change in text form at least six weeks before it takes effect. In the notice we point out the change, the deadline, the right to object and what happens if the customer does not object.
14.3 If the customer does not object before the change takes effect, it is deemed accepted. If they object, the contract ends when the change takes effect, without any need for termination.
14.4 Changes that materially shift the balance of performance and consideration to the customer's disadvantage, as well as changes to this point 14, require the customer's express consent.
15. Final provisions
15.1 Austrian law applies, excluding the conflict of law rules of private international law and the UN Convention on Contracts for the International Sale of Goods.
15.2 The exclusive place of jurisdiction for all disputes is the court with subject-matter jurisdiction for 4060 Leonding.
15.3 Should a provision be invalid, the rest of the contract remains effective.