Terms of service
1. Provider
The provider of services related to Frag-Maria is Salesbroker GmbH, Obere Spichermatt 27, 6370 Stans, Nidwalden, Switzerland, Commercial Register No. CHE-267.192.141. Salesbroker GmbH is the customer’s sole contractual partner.
2. Scope of Application
These terms and conditions apply to all services and offers in connection with Frag-Maria, in particular to conversational AI services in the areas of chat AI, voice AI, telephony, Connect AI, and avatar, as well as to related setup, operation, support, consulting, integration, and further development services.
Individual offers, order confirmations, or supplementary agreements shall take precedence in the event of any discrepancies.
Frag-Maria’s offers and services are intended exclusively for companies, commercial customers, self-employed individuals, and public institutions. The conclusion of a contract with consumers or private individuals is excluded.
3. Services
Frag-Maria is a multi-channel conversational AI solution for chat, voice, telephony, and avatars. The services include, in particular, automated and brand-consistent first-level support, structured customer inquiries, product and service consulting, scheduling logic, pre-qualification, and multilingual communication.
The specific scope of services is determined by the booked model, the individual offer, the order confirmation, and any supplementary agreements.
Ask Maria does not replace legal, medical, financial, or other professional advice, unless this has been expressly agreed upon and professionally verified.
The customer remains responsible for the review, approval, and legal admissibility of the content, knowledge bases, processes, and communication logic used.
4. Conclusion of Contract
A contract is concluded as soon as an order, booking, order confirmation, or other binding individual agreement exists between the customer and Salesbroker GmbH.
The services are provided digitally. An immediate automatic go-live following the order will only occur if this is expressly provided for in the respective offer.
5. Models, Prices, and Terms
For Frag-Maria, the models, prices, terms, and scope of services listed on the website, at checkout, in the individual offer, or in the order confirmation apply.
The standard models may include, in particular, the Fair-Start model, Chat & VoiceBot, Chat, Voice & Phone, as well as Enterprise & Custom.
The specific prices, setup fees, payment intervals, minimum terms, and any additional services are set forth in the respective offer, the product page, the checkout, or the order confirmation.
Individual offers, order confirmations, or supplementary agreements take precedence in the event of discrepancies.
All prices are, unless otherwise stated, exclusive of applicable taxes, duties, or fees.
6. Fair-Start Model
The Fair-Start Model is designed to establish and evaluate the use of Frag-Maria during a defined introductory phase.
The duration, scope of services, any setup fee, payment terms, and conditions for continuation are specified in the respective offer, product page, checkout, or order confirmation.
If the contractual relationship is continued after the Fair Start phase expires, it transitions to the regular standard term in accordance with the offer, checkout, or order confirmation.
If the contractual relationship is not continued after the Fair Start phase expires, any setup, design, configuration, or operational services already provided may be billed in accordance with the offer.
7. Payment and Subscription Management
Payment is based on the selected plan or an individual agreement.
Invoices are issued by mail, email, or through the relevant payment, shop, or subscription service providers and are payable within 14 days of receipt, unless otherwise agreed.
Subscription-based services may be technically managed via external payment, shop, or subscription service providers. In particular, an external subscription portal may be used for administration, payment data, terms, status information, or changes to the subscription.
The customer is responsible for providing valid payment information and making changes in a timely manner.
In the event of late payment, Salesbroker GmbH may temporarily suspend or withhold services or restrict access to the service following a reasonable reminder.
8. Termination
Minimum terms may apply to standard models. The applicable minimum term is determined by the selected model, the offer, the checkout process, or the order confirmation.
For the Fair-Start model, the initial phase specified in the offer, checkout, or order confirmation applies first. If the contractual relationship continues, this is followed by the standard term specified in the respective offer, checkout, or order confirmation.
After the respective minimum term has expired, the contract may be terminated on a monthly basis, unless otherwise specified in the offer, order confirmation, or an individual agreement.
Termination generally ends the subscription at the end of the current contract or billing period. Subscription periods already in progress are not automatically refunded on a pro-rata basis.
The right of both parties to terminate the contract without notice for good cause remains unaffected.
9. Refunds and Cancellations
Since Frag-Maria offers digital services and individually configured AI solutions, there is no right of return in the sense of a traditional return of goods.
Services already rendered, current subscription periods, as well as one-time setup, design, integration, configuration, prompting, knowledge base, testing, design, telephony, avatar, or onboarding services are generally non-refundable, unless:
- mandatory legal provisions stipulate otherwise,
- something else was expressly agreed upon in the individual offer,
- or there is a verifiable incorrect charge or duplicate payment.
For Enterprise & Custom, the individually agreed terms and conditions apply.
10. Provision and Customer’s Obligations to Cooperate
The setup, configuration, and activation of Frag-Maria are performed digitally.
Depending on the scope of services booked, this may include the following steps in particular:
- Definition of the use case
- Provision of content and knowledge bases
- Technical coordination and integration
- Configuration of the desired channels
- Testing, approval, and go-live
The customer shall provide all information, content, data, approvals, documents, access credentials, and technical specifications required for the provision of services in a complete, correct, and timely manner.
Delays, additional expenses, or postponements of the start of services resulting from late, incomplete, or incorrect cooperation on the part of the customer are not the responsibility of Salesbroker GmbH and may be billed additionally.
11. No Physical Shipping
Frag-Maria offers digital services and subscription-based services. No physical goods are shipped.
Since no physical products are delivered or shipped, no shipping costs apply.
The project, setup, or provision deadlines specified in the offer, at checkout, in the order confirmation, or in an individual agreement are decisive for the provision of services.
12. Third-Party Providers and Technical Components
Frag-Maria may rely on third-party technologies and external platforms, particularly for shop systems, hosting, conversational AI, large language models, voice, telephony, avatars, payment processing, subscription management, analytics, integrations, or automation.
The availability, functionality, and terms of such third-party providers are subject to change.
Salesbroker GmbH strives to ensure careful selection and integration but assumes no responsibility for disruptions, changes, or outages beyond its control.
13. Data Protection and Data Security
Data Protection, Data Security, and Data Processing
The processing of personal data is carried out in accordance with the currently applicable privacy policy of Salesbroker GmbH and in compliance with applicable data protection regulations, in particular the GDPR and the Swiss Data Protection Act (DSG).
Since Frag-Maria services process personal data of the customer’s users, the Data Processing Agreement (DPA) pursuant to Art. 28 GDPR applies to all customers who use Frag-Maria services as an integral part of these Terms and Conditions. The DPA becomes legally effective upon conclusion of the contract (order completion) and is part of the order confirmation. Salesbroker GmbH / Frag-Maria™ acts as the contractor (data processor), and the customer as the client (data controller) within the meaning of the GDPR.
The current DPA is sent to the customer together with the order confirmation. It can also be viewed at any time at frag-maria or by emailing maria@frag-maria.ai.
The customer is responsible for ensuring that the content, data, and processes provided by them may be lawfully processed and that any required information obligations, consents, or legal bases with respect to their users are fulfilled.
14. Confidentiality
Both parties agree to treat confidential information disclosed in the course of the collaboration as confidential and to use it solely for the purpose of performing the contract.
This obligation shall remain in effect even after the termination of the contract.
15. Liability
Salesbroker GmbH shall be liable without limitation in cases of intent or gross negligence, in cases of injury to life, limb, or health, and in cases of mandatory statutory liability.
In the event of a negligent breach of material contractual obligations, liability shall be limited to foreseeable damages typical for this type of contract. Otherwise, liability is excluded.
Salesbroker GmbH assumes no liability for content, data, knowledge bases, instructions, or materials provided by the customer.
Likewise, Salesbroker GmbH assumes no liability for unlawful use, erroneous approvals, unauthorized data processing, or violations of legal or regulatory requirements that fall within the customer’s area of responsibility.
The customer indemnifies Salesbroker GmbH against claims by third parties resulting from unlawful use, content provided by the customer, or violations of legal or contractual requirements.
16. Changes to Services
Salesbroker GmbH is entitled to further develop services technically, adapt security measures, replace third-party providers, or modify functions, provided that this does not significantly impair the agreed-upon core benefits.
The customer will be notified of significant changes to the scope of services in an appropriate manner.
17. Supplementary Application of Overriding Terms and Conditions
Unless otherwise specified in these General Terms and Conditions, the General Terms and Conditions of Salesbroker GmbH, in their currently valid version, shall apply in addition.
In the event of any conflict between the shop-specific Terms and Conditions for Frag-Maria and the General Terms and Conditions of Salesbroker GmbH, these Frag-Maria Terms and Conditions shall take precedence for the Frag-Maria services offered in the shop.
18. Applicable Law and Jurisdiction
Swiss law applies exclusively, to the exclusion of conflict-of-laws provisions.
The place of jurisdiction is, to the extent permitted by law, Stans, Nidwalden, Switzerland.
Effective as of June 1, 2026