Terms of Service
Effective: 5 June 2026
1. Scope and Contracting Parties
1.1 Scope
These Terms of Service (hereinafter "Terms") govern the legal relationship between kraftscale GmbH, operator of fonea (hereinafter "we" or "us"), and customers (hereinafter "Customer" or "you") who use the fonea AI phone assistant service.
1.2 Provider
kraftscale GmbH
Aastrasse 8
8853 Lachen SZ
Switzerland
CHE-155.650.863
1.3 Customer
A Customer is any natural or legal person who registers for the fonea service. The service is intended exclusively for business users (B2B).
2. Service Description
2.1 Service
fonea provides an AI-powered phone assistant that answers and processes incoming phone calls on behalf of the Customer, including: automatic answering of incoming calls; AI-powered conversation based on the Customer's configured instructions; real-time speech recognition (speech-to-text) and speech synthesis (text-to-speech); creation of call transcriptions and summaries; forwarding of messages to the Customer; and optional call forwarding to the Customer or other numbers.
2.2 Availability
fonea targets a service availability of 99.5% on a monthly average (excluding scheduled maintenance windows). Scheduled maintenance will be announced at least 48 hours in advance. We are not liable for outages caused by force majeure, disruptions at third-party providers, or actions by third parties beyond our control.
2.3 AI Limitations
The AI phone assistant is an aid and not a replacement for human employees. The Customer acknowledges that AI-generated responses may be factually incorrect or incomplete; that the service does not replace professional legal, medical, tax, or other expert advice; that callers must always have the option to speak with a real person; and that the quality of the conversation depends on the Customer's configuration.
2.4 Included Call Minutes
Each plan includes a monthly allowance of AI call minutes. Unused minutes expire at the end of each calendar month and do not carry over. Current usage is visible in the Customer dashboard.
3. Contract Formation
The contract is formed by the Customer's registration on fonea.ai and acceptance of these Terms. By registering, the Customer confirms that they are authorised to act on behalf of their company, where applicable.
4. Customer Obligations
4.1 Information
The Customer undertakes to provide truthful and complete information during registration and use of the service, and to keep it up to date.
4.2 Obligation to Inform Callers
The Customer, as the data controller, is responsible for informing their callers in an appropriate manner that calls may be answered by an AI phone assistant. fonea supports the Customer by providing an automatic AI disclosure at the beginning of each call, in line with Article 50 of the EU AI Act.
4.3 Industry-Specific Regulations
Customers in regulated industries (e.g. healthcare, legal, financial) are responsible for ensuring that their use of fonea is compatible with their industry-specific regulations and professional secrecy obligations. We recommend that such Customers conduct a compliance review before using the service.
4.4 Permitted Use
The Customer undertakes not to misuse the service, in particular not for illegal purposes, spam, unsolicited marketing calls, to deceive callers, or in any manner that violates the rights of third parties.
4.5 Phone Numbers and Call Direction
If fonea provides the Customer with a phone number, it may only be used for incoming (inbound) calls. Use for outgoing marketing calls (cold calling) or other unsolicited outbound calls is prohibited and may also breach applicable electronic-marketing rules (e.g. the UK PECR and EU ePrivacy rules).
4.6 Responsibility for AI Content
The Customer is responsible for all content generated, distributed, or processed through their configuration of the AI assistant, including the instructions, business information, and response templates they provide. The Customer must ensure such content does not infringe the rights of third parties and is not false or misleading.
4.7 Handling of Sensitive Data
The Customer acknowledges that callers may disclose sensitive information during conversations (e.g. health data, financial data, access credentials) and is obligated to implement appropriate safeguards for security-relevant processes and to inform their callers accordingly.
4.8 Access Credentials
The Customer is responsible for the secure storage of their access credentials and is liable for all actions taken using them.
5. Our Obligations
5.1 Service Delivery
We undertake to provide the service with due care and in accordance with the current state of technology.
5.2 Data Protection
We process personal data in accordance with our Privacy Policy and Data Processing Agreement, in compliance with the EU GDPR and the UK GDPR.
5.3 AI Disclosure
We ensure that every caller is informed at the beginning of the call that they are speaking with an AI assistant. This disclosure cannot be disabled.
5.4 Human Escalation
We ensure that the AI assistant enables a transfer to the Customer or their employees upon the caller's request.
5.5 Sub-processors
We use sub-processors to deliver the service (e.g. speech processing, hosting, AI models). The current list is published at fonea.ai/subprocessors. We will inform the Customer of planned changes by email at least 30 days in advance. The Customer may object in writing within 30 days; in the event of an unresolvable objection, the Customer may terminate the contract without notice.
6. Usage Restrictions
We reserve the right to suspend or restrict access to the service if the Customer violates these Terms, the service is used abusively, the usage poses a risk to the operation of the service, or the Customer is in default of payment. Where possible, we will inform the Customer before any suspension and provide a reasonable period to remedy the issue.
7. Prices and Payment
7.1 Prices
Current prices are published at fonea.ai. Prices are in euros (EUR) unless stated otherwise and exclude any applicable value-added tax (VAT).
7.2 Billing
Billing occurs monthly in advance. Payment is due within 14 days of the invoice date.
7.3 Price Adjustments
We may adjust prices once per year, communicated by email at least 30 days in advance. In the event of objection, the Customer may terminate the contract effective on the date the new prices take effect.
8. Money-Back Guarantee and Refunds
8.1 30-Day Money-Back Guarantee
New Customers may cancel the contract within the first 30 days after initial activation and request a full refund of the base fees paid up to that point. Requests must be sent by email to info@fonea.ai.
8.2 No Refunds After the Guarantee Period
After the 30-day money-back guarantee period has expired, there is no entitlement to a refund of fees already paid. Fees already paid are not refunded on a pro-rata basis upon ordinary termination.
9. Limitation of Liability
9.1 Scope
We are liable only for damages caused by intentional or grossly negligent conduct. Liability for slight negligence is excluded to the extent permitted by law. Nothing in these Terms limits liability that cannot be limited under mandatory applicable law.
9.2 Liability Cap
Our total liability is limited to the amount paid by the Customer to us in the 12 months preceding the event giving rise to the claim.
9.3 Excluded Damages
We are not liable for indirect or consequential damages, lost profits, or data loss; for damages arising from AI-generated responses; for damages caused by the Customer's incorrect configuration; or for damages caused by disruptions at third-party providers.
10. Warranty Disclaimer
The AI phone assistant is provided "as is". We make no warranties regarding the accuracy or completeness of AI-generated responses, uninterrupted availability, or fitness for a particular purpose.
The service does not replace professional legal, medical, tax, or other expert advice.
11. Term and Termination
11.1 Term
The contract is concluded for an indefinite period. There is no minimum term.
11.2 Ordinary Termination
Either party may terminate the contract at any time with 30 days' notice to the end of a calendar month, by email to info@fonea.ai.
11.3 Extraordinary Termination
Either party may terminate for cause without notice, in particular in the event of a material breach not remedied within 14 days of written notice, or the other party's insolvency.
11.4 Consequences of Termination
After termination, the Customer's data will be deleted within 90 days in accordance with the DPA, unless statutory retention obligations apply. The Customer may request a data export before deletion.
12. Data Protection and Confidentiality
The processing of personal data is governed by our Privacy Policy and the Data Processing Agreement. Both parties undertake to treat the other party's confidential information as confidential and not to disclose it to unauthorised third parties.
13. Changes to the Terms
We may amend these Terms, communicated by email at least 30 days before they take effect. If the Customer does not object within 30 days of notification, the amended Terms are deemed accepted. In the event of objection, the Customer may terminate the contract without notice.
14. Severability
If any provision of these Terms is or becomes invalid or unenforceable, the validity of the remaining provisions is not affected. The invalid provision shall be replaced by a valid provision that most closely reflects its economic purpose.
15. Governing Law and Jurisdiction
These Terms are governed by Swiss law, excluding its conflict-of-laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is Lachen SZ, Switzerland. Mandatory statutory jurisdictions — including, for consumers where applicable, the courts of their place of residence — remain reserved.
kraftscale GmbH (details in the Legal Notice)