Terms and conditions
Version of 17 October 2026.
1. Provider and scope
1.1 The provider of ChatFlamingo is CertoClav Sterilizer GmbH, Peintner Straße 10, 4060 Leonding, Austria, FN 122912d, Landesgericht Linz (“we”). ChatFlamingo is a brand of CertoClav Sterilizer GmbH.
1.2 These terms apply to all contracts for the use of ChatFlamingo, both in the free plan (“Free”) and in the paid plans (“Pro” and “Wild”).
1.3 The offer is addressed to businesses and to consumers. A consumer within the meaning of these terms is anyone who does not conclude the contract as part of their business (§ 1 Austrian Consumer Protection Act, KSchG). Provisions that apply only to businesses or only to consumers are marked as such.
1.3a Consumers have a right of withdrawal for paid plans. The details are set out in the right of withdrawal notice.
1.4 Differing terms of the customer apply only if we expressly agree to them in writing.
2. Subject of the service
2.1 ChatFlamingo is a chat widget for websites with a dashboard for handling the conversations. The service is provided as software over the internet; the software itself is not handed over.
2.2 The scope of the service follows from the description on chatflamingo.com at the time the contract is concluded.
2.3 In addition, the software can answer visitor questions automatically. The answers are generated by a language model from the content the customer provides.
3. Conclusion of contract and account
3.1 The contract for the free plan is concluded when an account is created.
3.1a A paid plan is booked in the dashboard through the checkout of our payment provider. The contract for the plan is concluded when the customer confirms “Subscribe” there and the payment is authorised. Beforehand the checkout shows the total price including VAT; consumers accept these terms there and expressly request that we start the service immediately.
3.2 The customer keeps their access credentials secret and informs us without delay if misuse is suspected.
4. Free plan
4.1 The free plan is free forever and is not a time-limited trial. No payment details are required for it.
4.2 It includes in particular:
- the chat widget on one website
- live chat with no limit on conversations and messages
- up to three team members
- AI answers without a fixed limit, subject to reasonable use under point 6 (fair use)
- a conversation history of 60 days
- a “ChatFlamingo free” note in the chat window, which cannot be switched off in this plan
4.3 If the widget of a free account is not loaded for 90 days, we are entitled to shut the account down after prior notice by email and to delete the data.
4.4 There is no entitlement to permanent free provision. We may change or discontinue the free plan on reasonable notice; the notice period is at least three months.
5. Paid plans
5.1 The Pro plan has the same scope of service as the free plan. It differs from it only in that the “ChatFlamingo free” note in the chat window falls away.
5.2 The prices stated on chatflamingo.com/pricing at the time of booking apply. Pro is available with monthly or yearly payment; yearly payment costs ten monthly prices. The limit under point 6.1 applies per calendar month even with yearly payment.
5.3 If the customer needs more than 50,000 AI answers per calendar month, they can agree the Wild plan with us. Volume and fee follow from that agreement.
6. AI answers and fair use
6.1 In the free plan and in Pro, AI answers are not subject to a fixed limit but to reasonable use (fair use): up to 50,000 AI answers are available per calendar month, counted under points 6.2 to 6.4. More is available with the Wild plan (point 5.3).
6.2 Only answers generated by the language model are counted.
6.3 Not counted are:
- messages the customer or their team writes themselves; live chat is unlimited
- stored instant replies to the quick questions
- an open chat window without a question
- the handover to a human and the email form
6.4 The customer selects the model level in the dashboard. Depending on the level, an answer counts several times: level “Standard” with factor 1, level “Better” with factor 4, level “Strong” with factor 20. The level can be changed at any time and takes effect from the next answer.
6.5 At 80 per cent of the limit we notify the customer. Once the limit is reached, the language model stops answering questions until the end of the calendar month and the chat offers an email form instead. Live chat remains fully usable. This gives rise to no additional fees, no automatic upgrade and no additional charge.
7. Prices and payment
7.1 All prices are net, plus statutory VAT. Consumers are shown the total price including the VAT due for the country of their billing address before the contract is concluded.
7.1a If the customer is established in another member state of the European Union and provides a valid VAT identification number, we invoice without Austrian VAT; the tax liability passes to the customer under Art. 196 of Directive 2006/112/EC (reverse charge). Where the customer is established outside the European Union, the service is not taxable in Austria; taxes and duties in the customer's country of establishment are borne by the customer. The customer notifies us without delay of changes to their VAT identification number.
7.2 The fee is due in advance for the chosen period — one month or one year.
7.2a We make the invoice available electronically as a PDF; the customer consents to electronic invoicing. Payment is handled by Stripe Payments Europe, Ltd. Which means of payment are available — card, PayPal and Klarna in particular — follows from the dashboard and may differ by the customer's country. Payment data is processed solely by the payment service provider. Where payment through the payment service provider is not possible in an individual case, billing is by invoice with a payment term of 14 days from the invoice date.
7.2c Where the customer obtains ChatFlamingo as an app through the Shopify App Store, the following applies instead of 7.2a: billing and collection run through Shopify International Limited, The Sidings, 4th Floor, Grand Canal Quay, Dublin D02 E7K8, Ireland. The amounts appear on the customer's regular Shopify invoice; Shopify's billing terms apply in addition. Refunds are handled by us, not by Shopify. Stripe is not involved in these bookings.
7.2b In the event of late payment, businesses owe the statutory default interest under § 456 of the Austrian Commercial Code (UGB), consumers the statutory interest under § 1000 of the Austrian Civil Code (ABGB). After an unsuccessful reminder with a grace period of 14 days, we may restrict the paid services until the outstanding amount is settled. The free plan is not affected.
7.3 Towards businesses: We notify price changes in text form at least six weeks before they take effect. If the customer does not object before they take effect, the change is deemed accepted; we point out this effect in the notice. In the event of an objection, the contract ends when the change takes effect.
7.3a Towards consumers: We only change the price of a running plan with express consent. We announce a change at least two months in advance by email; if the consumer does not agree, the plan continues at the previous price, and either side may cancel it at the end of the current period.
7.4 An increase in the fee for a plan already booked takes effect at the earliest at the end of the current billing period. The balance of performance and consideration is preserved: we do not increase the fee without adjusting the scope of the service accordingly, unless the increase offsets increased costs for language models, infrastructure or levies.
8. Term and termination
8.1 The contract runs for an indefinite period. There is no minimum term. A paid plan runs for the chosen period and renews for the same period unless it is cancelled.
8.2 The customer may cancel a paid plan at any time with effect from the end of the paid period — in the dashboard under “Invoices & cancellation” or in text form. The account then continues on the free plan. The customer may terminate the contract as a whole at any time in text form. We may terminate with three months’ notice to the end of a billing period, and the free plan with effect from the end of a month.
8.2a Towards consumers: With yearly payment we send a reminder by email at least 30 days before renewal that the plan will renew unless cancelled, and how to cancel.
8.3 The right to extraordinary termination for good cause remains unaffected.
8.4 After the contract ends we delete the customer's data after 30 days, unless a statutory retention obligation prevents this. Until then the customer can export their data.
8.5 Within those 30 days we provide the customer, on request, with a machine-readable copy of their conversations and contacts. We do not owe any export beyond that into a particular format.
9. Customer's obligations
9.1 The customer is responsible for ensuring
- that the content they provide is correct and up to date,
- that they are entitled to use that content,
- that they inform their visitors properly under data protection law and link to their own privacy policy in the chat window,
- that they use the widget only on domains they have approved in the dashboard and for which they are authorised.
9.2 The customer does not use the service unlawfully, in particular not to distribute unlawful content and not in a way that impairs its functioning.
9.3 We are entitled to take technical measures against abusive use, in particular limits on requests per visitor.
10. Availability
10.1 We strive for high availability. No particular availability is promised; there is no service level agreement.
10.2 Maintenance work and faults at upstream suppliers can lead to interruptions. We announce plannable maintenance where possible.
11. The AI's answers
11.1 The language model generates answers from the content the customer provides. If that content is incomplete, incorrect or out of date, the answers may be incomplete, incorrect or out of date too.
11.2 We promise neither the accuracy nor the completeness of the generated answers. The customer checks answers that matter to them and uses the correction options available in the dashboard for that purpose.
11.3 The customer remains responsible towards their visitors for the information given through their chat widget.
11.4 Points 11.1 to 11.3 describe the scope of what is owed. Liability under point 12 is neither excluded nor limited by them.
12. Warranty and liability
12.1 We provide the service with the care of a prudent business. The software is continuously developed further; what is owed is the current version at any given time.
12.2 No particular availability is owed unless it has been expressly agreed. We announce planned maintenance work in advance where possible and schedule it for quiet times.
12.3 The customer reports defects comprehensibly and without delay after becoming aware of them. We remedy them within a reasonable period. If remedy fails twice, the customer may terminate the contract with immediate effect in respect of the affected service.
12.4 We are liable without limitation for intent and gross negligence as well as for damage arising from injury to life, body or health.
12.5 In the case of slight negligence we are liable only for breach of an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may rely, and only for the damage typical of the contract and foreseeable.
12.6 Liability under point 12.5 is limited in amount per instance of damage to the fee the customer paid in the twelve months before the damaging event, and in total per calendar year to the same amount. If the customer uses only the free plan, the limit is 500 euros.
12.7 In the case of slight negligence, liability for lost profit, indirect damage and consequential damage is excluded. For the loss of data we are liable in the case of slight negligence only up to the amount of the effort that would have been required for restoration had the customer backed up their data properly.
12.8 Liability under the Austrian Product Liability Act and under mandatory statutory provisions remains unaffected.
12.9 Towards businesses: Claims for damages against us must be asserted in court within six months of knowledge of the damage and the party causing it, failing which they lapse, but in any case within the statutory limitation period.
12.10 Towards consumers points 12.5 to 12.7 and 12.9 do not apply. We are liable in accordance with the statutory provisions; liability for damage caused by slight negligence is excluded, except for personal injury and damage to items we have taken over for processing (§ 6 (1) no. 9 KSchG). Statutory warranty rights remain unaffected.
13. Data protection
13.1 The customer is the controller under data protection law for data they process through ChatFlamingo. We process that data as a processor on their instructions.
13.2 The data processing agreement forms part of this contract.
14. Changes to these terms
14.1 We may change these terms where there is an objective reason to do so — in particular a change in the law or in supreme court case law, an order by an authority, a change in the scope of the service, new features or changed security requirements.
14.2 We notify the change in text form at least six weeks before it takes effect. In the notice we point out the change, the deadline, the right to object and what happens if the customer does not object.
14.3 If the customer does not object before the change takes effect, it is deemed accepted. If they object, the contract ends when the change takes effect, without any need for termination.
14.4 Changes that materially shift the balance of performance and consideration to the customer’s detriment, and changes to this point 14, require the customer’s express consent.
14.5 Towards consumers changes only apply with their express consent; point 14.3 does not apply. If a consumer does not agree, the previous terms continue to apply, and either side may terminate at the end of the current period.
15. Final provisions
15.1 Austrian law applies, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods. Towards consumers this choice of law applies only insofar as it does not deprive them of the protection of the mandatory provisions of the country in which they have their habitual residence.
15.2 Towards businesses the exclusive place of jurisdiction for all disputes is the court with subject-matter jurisdiction for 4060 Leonding. For consumers the statutory place of jurisdiction applies.
15.3 Should a provision be invalid, the rest of the contract remains valid.
15.4 Consumers may turn to the Internet Ombudsstelle (www.ombudsstelle.at) in the event of disputes; we are willing to take part in conciliation proceedings there.