Fragly

General Terms and Conditions (GTC)

for the use of the SaaS platform Fragly

Effective: March 1, 2026

Use of AI-Generated Responses (AI Usage Disclaimer)

  • Fragly provides a software-as-a-service platform that generates automated, AI-powered responses. This content is machine-generated and based on statistical models.
  • Fragly makes no warranty regarding the accuracy, completeness, timeliness, or suitability of AI-generated content.
  • The responses provided do not constitute legal, tax, medical, or other professional advice and do not replace review by qualified professionals.
  • Use of AI responses is at the sole responsibility of the user or the respective website operator. Fragly is not liable for decisions, actions, or damages made on the basis of AI-generated content, to the extent permitted by law.
  • When using Fragly on third-party websites, content responsibility towards end users lies solely with the respective website operator. Fragly only provides the technical infrastructure.

1. Scope

These General Terms and Conditions ("GTC") govern the use of the cloud-based software-as-a-service platform Fragly, including all associated websites, applications, AI chat widgets, APIs, and other services (collectively referred to as "Service").

Deviating terms of the user do not apply unless we have expressly agreed to their validity in writing.

2. Provider

The Service is operated by:

Bavaria2TM UG (haftungsbeschränkt)

Rickering 2a

94577 Winzer

Germany

Authorized Managing Director: Thomas Loesl

Registration Court: Amtsgericht Deggendorf

Commercial Register Number: HRB 5115

VAT ID: DE328647516

3. User Groups (B2C / B2B)

3.1 Consumer (B2C)

A consumer is any natural person who uses the Service for purposes that are predominantly outside their trade, business, or profession (§ 13 BGB).

3.2 Entrepreneur (B2B)

An entrepreneur is any natural or legal person, or a partnership with legal capacity, acting in the exercise of their commercial or independent professional activity when using the Service (§ 14 BGB).

A user is considered an entrepreneur in particular if they:

  • provide a VAT ID or tax number, or

  • use the Service for business websites, customer communication, or commercial purposes.

4. Contract Conclusion

The presentation of the Service does not constitute a legally binding offer. The contract is concluded as soon as the user creates a user account and agrees to these GTC.

5. Service Description

5.1 SaaS Service

Fragly is a cloud-based SaaS solution for providing AI-powered chat assistants for websites.

5.2 Monthly Usage Limits

Depending on the booked plan, monthly request and usage limits apply.

Unused quotas expire at the end of the respective billing period and are not carried over to subsequent months.

6. Free Usage (Free Plan)

We may offer a free version of the Service with limited features.

  • No entitlement to specific features

  • No guarantee of availability

  • Abuse (e.g., multiple accounts to circumvent limits) is prohibited

7. Prices & Payment Terms

7.1 Prices

All prices are exclusive of statutory VAT, where applicable.

For consumers, final prices including VAT are displayed during the booking process.

7.2 Payment Processing

Payment processing is handled exclusively through Stripe.

We do not receive complete payment data (e.g., credit card numbers).

7.3 Subscriptions

Subscriptions renew automatically for the respective booked billing period unless cancelled before expiration.

8. Right of Withdrawal & Refunds

8.1 Consumer (B2C)

Consumers have a statutory right of withdrawal of fourteen (14) days from the conclusion of the contract.

The right of withdrawal expires prematurely as soon as the consumer actively uses the Service and thereby utilizes a contractually provided service.

Active use occurs in particular when:

  • the AI assistant processes or answers requests for the first time,

  • monthly usage or request limits are triggered, reduced, or consumed,

  • the chat widget is embedded on a website or used productively.

By beginning such use, the consumer expressly agrees that we begin the execution of the service before the withdrawal period expires, and acknowledges that their right of withdrawal thereby expires pursuant to § 356 para. 5 BGB.

As long as no active use in the aforementioned sense has occurred, the consumer may withdraw from the contract within the withdrawal period.

8.2 Entrepreneur (B2B)

Entrepreneurs have no statutory right of withdrawal.

9. Termination

  • Termination is possible at any time at the end of the respective billing period

  • Already started periods are not refunded proportionally

  • Termination is done via the user account or by email

10. User Obligations

The user commits in particular to:

  • not process any unlawful content

  • comply with applicable laws (especially GDPR)

  • not misuse the Service

  • not circumvent security mechanisms

11. Availability & Changes

We strive for high availability but do not guarantee uninterrupted use.

We reserve the right to:

  • adjust or discontinue features

  • technically develop the Service further

  • perform maintenance work

12. Liability

12.1 Liability Principles

We are only liable for intent and gross negligence.

In cases of slight negligence, we are only liable for breach of essential contractual obligations, limited to foreseeable damage.

12.2 Exclusion of Liability

No liability for:

  • lost profits

  • data loss

  • failures caused by third parties or force majeure

  • content generated by AI

13. AI Content

AI-generated responses do not constitute legal, tax, or professional advice.

The user is solely responsible for the use, evaluation, and further processing of the output content.

14. Intellectual Property

All rights to software, code, trademarks, designs, and content remain with us.

The user receives a simple, non-transferable right of use for the duration of the contract.

15. Privacy & Cookies

Information on the processing of personal data can be found in our Privacy Policy and Cookie Policy.

16. Changes to GTC

We reserve the right to amend these GTC.

Material changes will be announced at least 30 days before they take effect.

17. Applicable Law & Jurisdiction

The law of the Federal Republic of Germany applies exclusively.

The place of jurisdiction for entrepreneurs is Deggendorf, Germany.

18. Severability Clause

Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.