Ava Ora

Terms of Service

Draft — last updated: August 2026

Draft version. Prices, terms, service levels and notice periods reflect industry standards and remain subject to legal review. The version agreed in the order form prevails.

These Terms of Service govern the provision of the software-as-a-service platform “Ava Ora” by ComSat Media GmbH (“Provider”) to its customers.

1. Scope and contracting parties

The Provider is ComSat Media GmbH, Waldstrasse 1, 63150 Heusenstamm, Germany, registered in the commercial register HRB 34249, Amtsgericht Offenbach am Main.

These terms apply to all contracts for use of the platform. Deviating terms of the customer only apply if the Provider expressly agrees to them in writing.

The offering is directed at businesses, legal entities under public law and special public-law funds (§ 14 BGB). If, by way of exception, a consumer (§ 13 BGB) enters into a contract, mandatory consumer protection provisions and Section 14 of these terms apply in addition.

2. Conclusion of contract

The presentation of services on the website is not a binding offer. The contract is concluded by counter-signature of the order form, by order confirmation in text form, or by activation of access.

Contract components in order of precedence: order form, data processing agreement (DPA), service description, service level annex, these terms.

3. Scope of services

The Provider makes the platform available for use over the internet for the term of the contract (lease agreement, §§ 535 et seq. BGB). The scope follows from the plan booked and the service description.

The Provider develops the platform continuously. Functional changes are permitted provided the agreed scope is not materially reduced. Material reductions are announced at least 30 days in advance; the customer may then terminate extraordinarily as of the effective date.

The point of delivery is the router output of the data centre. The customer's internet connection and end devices are not part of the contract.

4. Trials and pilots

Trial accounts and pilots are provided free of charge for the agreed period (typically 14 or 30 days). They end automatically without notice and do not automatically convert into a paid contract.

Warranty, availability commitments and service levels are excluded for trials; liability follows Section 11. Trial data is deleted 30 days after the trial ends.

5. Prices, invoicing and payment

The prices agreed in the order form apply. All prices are net, plus statutory VAT.

  • Billing monthly or annually in advance; the agreed annual discount applies to annual prepayment.
  • Usage-based components (e.g. conversation minutes, additional seats) are billed monthly in arrears.
  • Invoices are due without deduction within 14 days of receipt.
  • Payment methods: SEPA direct debit, bank transfer or card payment via our payment service provider.
  • In the event of default, statutory default interest applies (§ 288 BGB). After an unsuccessful reminder with a 14-day deadline, the Provider may suspend access; the payment obligation remains.

Price adjustments: the Provider may adjust prices at the earliest 12 months after the start of the contract and thereafter no more than once per year, with at least 60 days' prior notice in text form. If the increase exceeds 5 % or the German consumer price index development, the customer may terminate extraordinarily within 30 days of receiving the notice, effective as of the change.

6. Term, renewal and termination

PlanMinimum termRenewalNotice period
Monthly1 monthautomatically by 1 monthto the end of the current month
Annual12 monthsautomatically by 12 months30 days to the end of the term
Enterpriseper order formper order form90 days to the end of the term

Termination requires text form (e.g. email) and can also be declared at any time directly in the customer account.

The right to extraordinary termination for good cause remains unaffected for both parties. Good cause exists for the Provider in particular if the customer is in default with an amount equal to two monthly fees or uses the platform unlawfully despite warning.

Data export after the contract ends: the customer may export their data in a common, machine-readable format for up to 30 days after the contract ends. Thereafter the data is irrevocably deleted within 60 days unless statutory retention obligations apply.

7. Availability and service levels

The Provider guarantees platform availability of 99.5 % on monthly average (Enterprise: 99.9 %), measured at the point of delivery.

  • Planned maintenance windows: Sundays 02:00–06:00 CET/CEST, announced at least 48 hours in advance; these do not count as downtime.
  • Force majeure, disruptions outside the Provider's sphere of responsibility and disruptions caused by the customer also do not count as downtime.
PriorityDefinitionResponse timeTarget resolution
P1 — criticalPlatform unusable2 hrs (Enterprise: 1 hr)8 business hours
P2 — highKey function impaired4 hrs2 business days
P3 — mediumLimited function, workaround available1 business day10 business days
P4 — lowQuestion, notice, cosmetic issue2 business daysas scheduled

Service hours: Monday to Friday, 09:00–18:00 CET/CEST (excluding public holidays in Hesse). Enterprise customers have 24/7 on-call support for P1 incidents.

Service credits: if monthly availability falls below the commitment, the customer receives, upon request, a credit on the monthly fee: 5 % below 99.5 %, 10 % below 99.0 %, 25 % below 95.0 %. Requests must be submitted within 30 days after the end of the month. Service credits are the exclusive remedy for missed availability; statutory claims for intent or gross negligence remain unaffected.

8. Customer obligations and cooperation

  • The customer protects access credentials from unauthorised access and reports suspected misuse without delay.
  • The customer ensures it is entitled to process the data it introduces and that required consents — in particular for recording participants — are in place.
  • The customer does not use the platform unlawfully, in particular not to distribute unlawful content, for impermissible profiling, or for automated bulk requests outside the agreed interfaces.
  • The customer names a technical contact and cooperates reasonably in incident analysis.

9. Rights of use, customer data and AI

For the term of the contract the customer receives a simple, non-transferable right to use the platform within the agreed scope. All rights in the software remain with the Provider.

All data introduced by the customer, as well as the transcripts and analyses generated from it, remain the customer's property. The Provider uses them solely to perform the contract and not to train its own or third-party AI models.

The platform generates content using AI systems. Such content may be incomplete or incorrect. The customer reviews AI output before business-critical use; no warranty of factual accuracy is given.

10. Data protection, confidentiality and security

Where the Provider processes personal data on behalf of the customer, the data processing agreement pursuant to Art. 28 GDPR applies and forms part of this contract. Sub-processors are listed in the privacy policy; the Provider notifies changes with a 30-day objection period.

Both parties keep the other party's confidential information secret and use it only to perform the contract. This obligation continues for three years after the contract ends.

The Provider maintains a state-of-the-art security concept (encryption, tenant separation, role and permission model, audit logs, regular reviews) and informs the customer without undue delay about security incidents affecting its data.

11. Warranty and liability

The Provider warrants that the platform is usable in accordance with the contract. Strict liability for initial defects under § 536a (1) alt. 1 BGB is excluded.

The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and to the extent of guarantees given.

For slightly negligent breach of material contractual obligations, liability is limited to the foreseeable damage typical for this type of contract, up to a maximum of the net fees paid by the customer in the twelve months preceding the damaging event. Liability is otherwise excluded.

For loss of data the Provider is liable only up to the effort that would have been required for recovery had the customer performed proper and regular backups.

12. Reference naming

The Provider may name the customer as a reference with name and logo only after prior consent in text form. Consent may be withdrawn at any time with effect for the future.

13. Changes to these terms

The Provider may amend these terms with effect for the future where required by changes in law, case law or technical developments, provided the customer is not unreasonably disadvantaged. Changes are notified in text form at least 60 days before they take effect. If the customer does not object within 30 days of receipt, the changes are deemed accepted; the notice will point this out separately. In the event of objection, either party may terminate as of the effective date.

14. Special provisions for consumers

Right of withdrawal: consumers have the right to withdraw within 14 days of concluding the contract without giving reasons. A clear statement in text form to ComSat Media GmbH, Waldstrasse 1, 63150 Heusenstamm, Germany, contact@comsatmedia.com is sufficient.

Expiry of the right of withdrawal: if the consumer expressly requests that performance begin before the withdrawal period expires and confirms awareness of losing the right of withdrawal upon full performance, the right expires upon complete performance. For partial use, the consumer owes proportionate compensation.

Termination: consumer contracts concluded electronically can be terminated at any time via the “Cancel contract” button in the customer account (§ 312k BGB). For consumers, automatic renewal occurs only for an indefinite period with a notice period of no more than one month.

The limitations of liability in these terms apply to consumers only to the extent permitted by law; mandatory statutory warranty rights remain unaffected.

15. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Vis-à-vis consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of their country of habitual residence.

The exclusive place of jurisdiction for merchants, legal entities under public law and special public-law funds is Offenbach am Main, Germany.

Amendments and supplements to the contract require text form. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.

Heusenstamm, August 2026