Customer terms
The terms of an Oraklo subscription. The data processing agreement is part of them.
These terms are written in English. The German, French, Italian, Portuguese and Spanish versions are translations for convenience; where they differ, the English version governs.
Who we are, and who these terms are for
Provider. The service “Oraklo” is provided by the provider named in our Impressum. In these terms the provider is called “Oraklo”, “we” or “us”. E-mail: support@oraklo.app.
Provider address: being set up; contact us at support@oraklo.app.
Businesses only. Oraklo is offered only to businesses and self-employed people, for their professional activity, with their seat or domicile in Switzerland or Liechtenstein (“you”, “the client”). When you sign up, you confirm that you are acting for such a business and that you are not a consumer.
What the contract consists of:
- these terms;
- the data processing agreement (DPA), which is part of these terms;
- the plan and price shown in your order summary.
If they conflict, the DPA prevails on data protection, the order summary on price and plan, and these terms on everything else. Your own general terms do not apply.
How the contract is made
The steps are:
- Start your setup and confirm your e-mail address with the code we send.
- Choose a plan.
- Check the order summary. You can go back and correct every entry before you continue.
- Accept these terms and the DPA: above the button that continues to payment, the plan and card page says that by continuing you confirm you are acting for your business and accept them, with a link to each.
- Store a card in the payment form of our payment provider, Stripe.
The contract is made when you complete step 5. The page you then return to confirms it, and we e-mail you when your assistant’s number is ready. You can read and print these terms and the DPA at any time on this website.
The service
What Oraklo does. Oraklo provides an automated phone assistant for your business:
- It answers the calls you forward to the number we provide, in the language you set.
- It gives callers the information you configure.
- It takes messages and booking requests.
- It shows you each call’s record (time, caller number, transcript, message) in your dashboard for 30 days.
- After each call it can send you a message, as set out in clause 6.
Your callers’ calls are not recorded as audio.
What we do not promise. The assistant is a machine and will sometimes misunderstand, mishear or be wrong. We do not guarantee:
- that every call is answered, understood, or passed on correctly or in full;
- that a booking request leads to an appointment;
- that callers are satisfied;
- any number of calls, bookings, customers or revenue.
A booking request is a request. It is not a confirmed appointment unless you confirm it. Oraklo is not a medical, legal or emergency service and must not be used as one.
Availability. We work to keep the service available and to fix faults quickly, but we promise no particular uptime. The service depends on public telephone and internet networks and on the providers listed in the DPA. We may interrupt it for maintenance, and we announce planned work in advance where we can. Your own number stays with your phone company. You can switch call forwarding off on your phone at any time.
Changes to the service. We may develop the service further and replace technical providers (DPA clause 8 sets out how). If a change materially reduces the service you pay for, you may cancel with immediate effect and receive back the fee you paid for the rest of the billing month.
Your assistant’s phone number.
- Swiss rules require a Swiss number to be registered to the business or person that uses it. Your assistant starts on a number from our telephone provider, Twilio, that is registered under Oraklo’s own registration. With the details you give us, we apply to Twilio for a registration in your name; once Twilio approves it, the same number moves to it. If Twilio refuses it, the number stays under Oraklo’s registration and your assistant keeps answering. You must give us true and complete details and tell us when they change.
- The number is provided only for the duration of the contract. When the contract ends, we release the number.
Free trial
The trial lasts 14 days and includes 30 minutes of talk time. It starts with your assistant’s first call, and at the latest 7 days after your assistant’s number is ready. Each business can have one trial.
You store a card at signup. Nothing is charged during the trial. We remind you by e-mail 3 days before the trial ends. Billing starts automatically the day after the trial ends.
If you cancel before the trial ends, you pay nothing.
If the 30 minutes run out before the 14 days end, your assistant keeps answering at no cost until the trial ends. We tell you at 80% and at 100% of the minutes.
Prices, minutes and billing
Prices. The monthly prices are in Swiss francs (CHF) and are those shown in your order summary. The plans at the date of these terms:
| Plan | CHF per month | Included minutes per billing month |
|---|---|---|
| Starter | 149 | 250 |
| Business | 299 | 750 |
| Professional | 499 | 2,500 |
No VAT. Oraklo is not registered for Swiss VAT, so no VAT is charged. If Oraklo becomes liable to VAT, we will tell you at least 30 days before we add VAT at the statutory rate, and you may cancel before then.
Minutes. A minute counts only while the assistant is on a call, measured to the second. Included minutes apply per billing month. If you use more than your included minutes, nothing extra is charged without your prior agreement: we tell you at 80% and at 100% of your minutes, and we agree any upgrade with you.
Billing. Fees are charged monthly in advance to the card you stored, first on the day after the trial ends. Our payment provider, Stripe, e-mails you a receipt.
Late payment. If a payment fails, our payment provider, Stripe, e-mails you and retries the payment on its schedule. If the retries end without payment, the contract ends: your account closes and your assistant stops answering. Unpaid amounts bear default interest of 5% a year from the first reminder.
Your price. We intend early customers to keep their price for as long as their subscription runs without interruption. Plans for new customers may differ later.
Refunds. A billing month that has started is not refunded, except as clauses 3.4 and 12.3 say.
Messages to you after a call
The standard message. After each call your dashboard shows the record. If you connect a message channel, we also send you a short message containing only:
- the caller’s number;
- the time of the call;
- whether the caller wants a call back (yes, no or not said);
- whether the call is urgent (yes, no or not said);
- a link to your dashboard.
It contains nothing of what was said.
More detail, if you ask for it. You can choose to add a short reason, or a short summary of the call. This choice is not offered to health businesses, and you must not choose it if you or your staff are bound by professional secrecy. When you sign up, you state your type of business, and you must tell us if it changes. If a summary is translated into your language, Microsoft Azure does this in Switzerland or the EU (see the DPA, Annex 2).
Telegram. If you choose Telegram as your channel:
- Telegram is a service run by Telegram Messenger Inc., which is established outside the EU and Switzerland, under its own terms and privacy policy. It is not our sub-processor.
- Telegram messages are not end-to-end encrypted.
- The copy in your chat stays there after we delete the call record.
You choose this channel and are responsible for that choice. You can disconnect it at any time.
Your duties
Lawful use. You use Oraklo only for calls to your own business, and in line with the law that applies to you: data protection, unfair competition, telecommunications and your professional rules. You do not use the assistant for unlawful, deceptive or harassing content, or to make advertising calls.
Your information. You are responsible for the information you give the assistant (opening hours, prices, services, instructions). You must check it, including anything we prefilled from your website or your files.
Informing your callers. For your callers’ data you are the controller and we are your processor. You inform your callers as the law requires, for example in your own privacy notice. We give you a sentence you can use (DPA clause 11.4). The greeting tells every caller that they are talking to an automated assistant. You must not remove or circumvent this.
Emergencies. You make sure your callers know where to turn in an emergency: 144 ambulance, 117 police, 118 fire brigade, 112 European emergency number. You must not rely on the assistant for urgent cases.
Professional secrecy. If you or your staff are bound by professional secrecy (for example under art. 321 of the Swiss Criminal Code, cantonal health law, or the law of Liechtenstein), that duty stays with you. You decide whether, and how, using Oraklo fits your duties, including whether you must inform your patients or clients or ask for their consent. We act as your auxiliary and keep the secret (DPA clause 5). Do not upload patient records or other files with patient data to Oraklo.
Access. Keep your sign-in codes and links private, and tell us at once if you suspect misuse.
Indemnity. You hold us harmless against claims by third parties, including callers and authorities, that arise because you broke clauses 7.1 to 7.5. This includes reasonable defence costs.
Data protection
We process your callers’ data as your processor, under the data processing agreement, which is part of these terms.
We process your own account and billing data as controller, under our privacy policy.
Confidentiality
Each party keeps confidential the other’s non-public information that it receives in connection with this contract, and uses it only for this contract. This duty continues for 3 years after the contract ends. For callers’ data and for professional secrets, the DPA applies without any time limit.
Rights to content and software
Your content (your information, configuration, call records) remains yours. You allow us to use it only to provide the service to you.
The software, the assistant’s design and the voices remain ours or our licensors’. You receive a right, limited to the duration of the contract and not transferable, to use the service for your own business. You may not resell it.
Liability
No limit for intent or gross negligence. We are liable without limit for damage we cause intentionally or through gross negligence, and for personal injury.
Cap for slight negligence. For damage caused through slight negligence, our total liability for all events in a contract year is limited to the fees you paid us for the service in the 12 months before the event that caused the damage.
Damage we exclude for slight negligence. For slight negligence we are not liable for:
- lost profit or lost revenue;
- lost bookings or customers;
- calls that were missed or handled wrongly;
- indirect or consequential damage;
- loss of data that you could have avoided by keeping your own records.
Our auxiliaries. Our liability for our auxiliaries and providers is limited in the same way as our own liability in 11.2 and 11.3.
Mandatory liability is not limited. Nothing in these terms limits liability that cannot be limited by law.
Callers and other third parties. These limits apply between you and us. They do not bind your callers or other third parties.
Report damage promptly. You must tell us about any damage in writing as soon as you notice it, at the latest within 30 days. The statutory limitation periods stay unchanged.
Force majeure
Neither party is liable for a failure caused by events outside its reasonable control, for as long as the event lasts. Examples:
- natural events, war, terrorism, epidemics, orders of the authorities;
- widespread failure of power, internet or telephone networks;
- outages or cyberattacks at a provider that we could not prevent or work around with reasonable care.
These are not force majeure:
- our own configuration errors;
- a provider stopping its service because we did not pay;
- an outage for which a reasonable fallback was available and we had not set it up.
If an event of force majeure stops the service for more than 30 days in a row, either party may end the contract with immediate effect. We then pay back the fee for the part of the month that was not served.
Term and cancellation
The contract starts when it is made (clause 2) and runs for an indefinite period, month by month. There is no minimum term and no setup fee.
Cancelling. You can cancel at any time, on your page or by e-mail to support@oraklo.app.
- Paid plan: cancellation takes effect at the end of the billing month you have paid for. The service runs until then, and the started month is not refunded.
- Trial: if you cancel during the trial or before it starts, nothing is charged. If your assistant is not ready yet, the service ends at once. Otherwise it runs until the trial ends or, if the trial has not started, until the latest day it would have ended; the contract ends then.
Our cancellation. We may cancel with 30 days’ notice to the end of a billing month.
Immediate termination for good cause. Either party may end the contract with immediate effect for good cause. Examples:
- serious or repeated breach of these terms;
- a payment that is still unpaid when Stripe’s retries end (clause 5.5);
- unlawful use;
- a telephone provider or an authority withdrawing the number.
When the contract ends:
- Your assistant stops answering.
- Switch off call forwarding on your own phone. We cannot do it for you.
- We release the number (clause 3.5).
- Your data is deleted as set out in the DPA (clause 13). You can ask us for a copy of your call records before the end.
Suspension
We may suspend your assistant, wholly or partly, if:
- that is needed to avert a security risk;
- there are concrete signs of unlawful use;
We tell you before we suspend, or straight afterwards if it is urgent, and we lift the suspension as soon as the reason is gone.
Changes to these terms
We may change these terms for good reasons, such as new legal rules, new features or a new provider. We tell you of any change by e-mail at least 30 days before it takes effect. If you do not agree, you can cancel free of charge before it takes effect. Otherwise the new terms apply from your next billing month. A change of your price follows the same rule: 30 days’ notice and a free right to cancel.
Transfer of the contract
You agree now that we may transfer this contract, together with the DPA, to a company controlled by the provider or by its owner (for example a limited company in Switzerland or the EU). We tell you at least 30 days in advance, and you may cancel free of charge before the transfer takes effect. Otherwise neither party may transfer the contract without the other’s consent.
Notices
We send notices to the e-mail address of your account. You send notices to support@oraklo.app. E-mail is enough for every notice under these terms.
Final provisions
If any provision is invalid, the rest stays in force. The invalid provision is replaced by a valid one that comes as close as possible to its purpose.
These terms are the whole agreement on their subject.
Law. Swiss law applies, without its conflict-of-law rules and without the UN Convention on Contracts for the International Sale of Goods (CISG).
Language. These terms are written in English. Translations are for convenience, and the English version governs.
Place of jurisdiction. The exclusive place of jurisdiction is the place of the provider’s business address in Switzerland, as named in the Impressum. We may also sue you at your seat or domicile. Places of jurisdiction that are mandatory by law remain reserved.