Dieses Dokument ist in englischer Sprache verfasst, der Vertragssprache. Bei Fragen zum Inhalt schreiben Sie uns an hello@bertrandai.uk – wir antworten Ihnen auf Deutsch.

Bertrand AI — Terms of Service

Version EU-1.14 — 26 October 2026. These are the Terms for Clients based in Ireland, France and Germany, billed in euro. Clients based in the United Kingdom are on the UK Terms published at onboarding.bertrandai.uk. The version a Client accepts during onboarding is logged against their submission.

1. Parties

This Agreement is between:

James Patient, a sole trader trading as Bertrand AI ("Bertrand AI", "we", "us"), of Spring House, The Drive, Guildford, GU5 0QW, Surrey, United Kingdom

and

the Client — the business named on the applicable Order Form / onboarding submission ("Client", "you").

Together, the "Parties".

2. Definitions

"Service" — the AI voice receptionist product supplied by Bertrand AI, comprising a configured AI voice assistant ("Assistant") answering telephone calls on the Client's behalf, together with associated call-routing, transcription, and notification functionality.
"Caller" — any person who calls a phone number connected to the Service.
"Client Content" — all information the Client supplies for configuring the Assistant, including business name, hours, services, pricing, FAQs, and tone/role instructions submitted via the onboarding form.
"Third-Party Providers" — the categories of sub-processors and infrastructure vendors the Service is built on: a voice AI orchestration platform, a telephony provider, a voice synthesis provider, an AI language-processing provider (call-configuration logic), a workflow automation platform, cloud record-keeping/email services, and a regulated UK payment processor (Direct Debit collection) — collectively, together with any provider added or substituted from time to time.

3. The Service

3.1 Bertrand AI will configure and operate an Assistant for the Client based on the Client Content, deployed via the plan selected on the Order Form (Solo Cover / Off-Hours Cover / Full-Time Agent / High Volume / Multi-Site / Enterprise).

3.2 The Service depends entirely on Third-Party Providers continuing to operate. Bertrand AI does not own or control the underlying voice, telephony, or AI infrastructure and cannot guarantee uptime beyond what those providers themselves guarantee.

3.3 Bertrand AI will use reasonable efforts to notify the Client of any known Third-Party Provider outage materially affecting the Service, and to restore service as soon as reasonably practicable.

4. Client Content and responsibilities

4.1 The Client is solely responsible for the accuracy of all Client Content — pricing, opening hours, service descriptions, and FAQs — supplied for the Assistant. The Assistant answers based on what it is told; Bertrand AI does not independently verify Client Content against reality.

4.2 The Client must review the generated Assistant configuration (system prompt and opening line) before the Assistant goes live, and promptly notify Bertrand AI of any required correction.

4.3 The Client must keep Client Content up to date (e.g. price changes, holiday closures) and understands that a failure to do so may result in the Assistant giving outdated information to Callers.

5. Mandatory disclosure and emergency escalation

5.1 Every Assistant's opening line must, at all times, clearly and audibly identify the Assistant as an AI receptionist acting on the Client's behalf (Bertrand AI's standard default: "Thanks for calling [company]. You're through to the twenty-four seven AI receptionist. I'm [assistant name].", or one of its variations, which the Assistant rotates between calls and which each make the same disclosure, worded to suit the plan and spoken in the Assistant's first language (English in Ireland, French in France, German in Germany): on Solo Cover the AI receptionist is introduced as the Client's own, and on Off-Hours Cover as the out-of-hours AI receptionist). This is a regulatory requirement (Article 50 of the EU Artificial Intelligence Act: a person must be told when they are interacting with an AI system), not a stylistic choice, and the Client may not instruct Bertrand AI to remove, obscure, or bury this disclosure.

5.1A Call recording. Calls are transcribed so that messages, bookings and call summaries are accurate. For Clients in Ireland calls are also recorded, and the opening line says so ("By the way, these calls are recorded."), an Assistant whose opening line is cut off before saying so tells the Caller in its reply, and, asked why, it says the calls are recorded for quality and accuracy; the Client may not instruct Bertrand AI to remove that notice while calls are recorded. For Clients in France and Germany, and for any Client that is a law firm, calls are not recorded and the opening line does not mention recording; recording is switched on for such a Client only at its written request, once the Client and Bertrand AI have agreed how Callers are told and how they can object. Recording can be switched off for any Client on request.

5.2 Every Assistant is configured with a standing instruction that, whenever a call reasonably appears to involve an emergency, health and safety risk, or urgent risk of harm or serious loss, the Assistant will both (a) tell the Caller to contact the emergency services directly, in every such case and whether or not an escalation contact has been nominated, and (b) alert the Client's nominated emergency/escalation contact. The Client must nominate a working emergency/escalation contact as part of onboarding and keep it current. That contact is a means of alerting the Client and is never a substitute for the instruction in (a): the Assistant cannot know whether a nominated contact is awake, available or able to answer, and on plans providing cover outside the Client's opening hours it will routinely be operating at times when they are not. As with the disclosure in Section 5.1, the Client may not instruct Bertrand AI to remove, weaken or make conditional the instruction in (a).

5.3 The Assistant is not, and must not be represented as, a substitute for emergency services.

5.4 A telephone number supplied by Bertrand AI cannot be used to call the emergency services. Numbers provisioned for the Client through Bertrand AI's telecommunications provider do not carry access to 112 or any national emergency number. This does not affect the Client's own existing lines, which are unchanged, and does not affect an Assistant's handling of an emergency incoming call, which is governed by 5.2 and 5.3. The Client is responsible for ensuring that any premises relying on a number supplied by Bertrand AI retains a separate means of contacting the emergency services.

6. Fees and payment

6.1 No setup fee is payable for a Client's first location. A one-off setup fee of €294.00 is payable once per Client account, when a second location is added to it. It covers setting the account up for more than one location (one bill, pooled minutes and one dashboard) and building, registering and reviewing the second location's Assistant. It is collected by Direct Debit under Section 6.4 when the second location is submitted, before that work begins. No setup fee is payable for the third or any later location. The setup fee is non-refundable once Bertrand AI has begun the Assistant configuration work described in Section 3.1 for that location. Where Bertrand AI does not begin that work, or is unable to deliver the location's Assistant, the setup fee is refunded in full.

6.2 Recurring fees are as set out in the Order Form, per the plan selected (Solo Cover / Off-Hours Cover / Full-Time Agent / High Volume / Multi-Site / Enterprise), and are billed monthly in advance - the Client is charged for each coming month before that month's Service is provided, not afterwards. The Client's first fourteen days of Service are provided free of charge. The free period, and therefore all billing, begins only once Bertrand AI has confirmed the Assistant is complete and ready and has delivered it to the Client — not when the Assistant is first provisioned. Bertrand AI reviews each Assistant before delivery, and no fee accrues for any period before that review is complete. This free period is given once per Client and is not repeated on renewal, on a change of plan, when a further location is added, or when a Client whose earlier account has ended opens a new one. For such a returning Client, the first Billing Date is the earliest date on which the Direct Debit can be collected after delivery. The first Billing Date falls fourteen days after that delivery, and recurring fees then fall due on the monthly anniversary of that date (the "Billing Date"). Where the Client operates more than one location, an additional location fee for each location beyond the first, at the rates in Section 6.12 (€177.00 per month for the 2nd to the 10th location, and less for each location after that), is charged alongside the recurring plan fee, on the Client's existing Billing Date. A location added after the free period in this Section has ended does not attract a further free period; its fee begins at the first Billing Date after that location's Assistant has been delivered, and no part-period amount is charged for the days before it. A location that has been submitted but not yet delivered does not attract the additional location fee. Where it is the account's second location, the one-off setup fee is charged separately under Section 6.1.

6.3 Each plan includes an allowance of Assistant call minutes for each monthly billing period under Section 6.2 - the period running from one Billing Date to the next - pooled across every location on the Client's account: Solo Cover - 350 minutes (single location only); Off-Hours Cover - 750 minutes; Full-Time Agent - 1,500 minutes; High Volume - 4,000 minutes; Multi-Site - 6,000 minutes; Enterprise - 8,000 minutes. Minutes are shared rather than allocated per location, so unused minutes at one location offset heavier use at another. The allowance is per billing period and does not roll over: minutes unused at the end of a period do not carry into the next one and are not refunded or credited. The allowance pays for the Assistant being available throughout the period, which it is whether or not the Client's callers use it, rather than for a quantity of minutes the Client owns. Each additional location adds 300 minutes to the Client's pooled allowance, from the first Billing Date after that location's Assistant is delivered. A location that has been submitted but not yet delivered adds no minutes, as it attracts no fee. Usage beyond the pooled allowance is billed at €0.71/minute (Solo Cover), €0.47/minute (Off-Hours Cover and Full-Time Agent), €0.40/minute (High Volume), €0.35/minute (Multi-Site), or €0.32/minute (Enterprise). Each call is rounded up to the next whole minute for the purposes of both the allowance and any overage; part-minutes are not carried over or aggregated between calls. Call minutes are measured by the Assistant platform on which the Service runs, and that measurement is the one used for billing. Because usage can only be measured after the fact, overage is necessarily calculated and collected in arrears - shortly after each billing period ends - separately from the in-advance recurring fee in Section 6.2, which is collected at the start of the following period. Live calendar integration (real-time appointment availability checking and booking into the Client's calendar) is included with every plan. Off-Hours Cover provides Assistant cover outside the Client's stated opening hours only: calls received during opening hours are routed to the Client's own staff line and then to voicemail, and are not answered by the Assistant. All other plans provide Assistant cover at any time the Client chooses, including during opening hours. Reaching the included allowance does not suspend or interrupt the Service: the Assistant continues to answer calls for the remainder of the billing period, and those calls are billed at the overage rate above. Solo Cover is available only to sole traders and other individuals working alone, and covers a single location. A Client whose telephone calls are also answered by employees, contractors or other staff is not eligible for Solo Cover and requires Off-Hours Cover or above. Bertrand AI checks eligibility before an Assistant is deployed. Where Solo Cover has been taken by a Client who does not meet this condition, Bertrand AI may move that Client to the lowest plan for which they are eligible by giving at least 30 days' written notice under Section 16.1, the change taking effect from the first Billing Date after that notice period ends; if the Client does not wish to move, the Client may terminate under Section 13.2 by giving notice before the change takes effect.

6.4 All fees under this Section (the recurring monthly fee, any overage, any setup fee under Section 6.1 and any plan change charge under Section 6.11) are charged in euro and collected automatically by SEPA Direct Debit (the SEPA Core scheme) through Bertrand AI's payment processor, GoCardless. GoCardless notifies the Client of the amount and date of each collection before it is made. The Client keeps its rights under the SEPA Core scheme, including the right to a refund from its bank of any collection within eight weeks of the date it was debited and, for an unauthorised collection, within thirteen months. The Client authorises this mandate during onboarding, after submitting the onboarding form and before the Assistant is deployed: Bertrand AI will not deploy an Assistant, and the Client cannot access it, until a valid mandate is in place. The Client must keep valid, funded bank account details on file for the mandate to remain active. Authorising the mandate does not itself result in a charge - no amount is collected until the first Billing Date under Section 6.2, and nothing at all is collected if the Client cancels before then.

6.5 Fees are non-refundable except where required by law. In particular: because the recurring fee is billed in advance under Section 6.2, if the Client cancels or the Service otherwise ends partway through an already-paid period, no refund or credit is given for the unused remainder of that period — the Service continues to be available until the end of the period already paid for, and the Agreement then ends. This applies equally to cancellation by the Client and to suspension or termination by Bertrand AI under Section 13. See Section 13.2 for how any additional days beyond that already-paid period are charged during a notice period.

6.5A All amounts in these Terms are in euro and exclusive of VAT. The Service is supplied by a business established in the United Kingdom to a business in the Client's country, so where VAT is due on it the Client accounts for that VAT itself under the reverse-charge mechanism.

6.6 If a Direct Debit collection fails, or the Client's mandate becomes invalid, cancelled, or expired, Bertrand AI will notify the Client and attempt to re-collect. Bertrand AI may suspend the Service under Section 13.3 if the amount owed remains unresolved.

6.7 Bertrand AI may change the recurring monthly fee, the included monthly minute allowance, the overage rate, or the additional location fees set out in Sections 6.2, 6.3 and 6.12 by giving the Client at least 30 days' written notice in accordance with Section 16.1. Any such change takes effect from the first Billing Date falling after the end of that notice period. Price changes are not retrospective: they do not affect any month already paid for in advance under Section 6.2, or any overage already accrued under Section 6.3 before the change takes effect. The one-off setup fee in Section 6.1 is not affected once it has been paid.

6.8 If the Client does not wish to continue at the revised fee, the Client may terminate this Agreement under Section 13.2 by giving notice before the change takes effect. In that case the Service continues at the existing fee until the end of the period the Client has already paid for, and the revised fee is not charged. If the Client does not terminate and continues to use the Service on or after the date the change takes effect, the revised fee applies from that date.

6.9 Bertrand AI will use reasonable endeavours to notify the Client by email when the Client's usage in a billing period reaches approximately 50%, 75% and 100% of the plan's included allowance, sent to the address held under Section 16.1. These notifications are a courtesy to help the Client manage usage and are not a condition of the Client's liability: a failure to send, or the Client's failure to receive or read, any such notification does not waive, reduce or otherwise affect overage properly incurred under Section 6.3. The Client may in addition set a usage cap in the dashboard. A cap is off by default and takes effect only if the Client enables it; where enabled, the Assistant stops answering calls once the cap is reached and does not answer again until the next billing period begins, and the Client accepts that calls arriving in the meantime will not be answered by the Assistant, will not be escalated under Section 5.2, and will be missed in the same way as a call to a line nobody picks up.

6.10 Annual plans. The Client may instead choose to be billed annually. The annual fee is ten times the monthly fee for the selected plan, paid once annually in advance, and covers twelve months of Service — two months' fee is not charged. Any additional location fee under Section 6.2 is charged on the same annual basis and at the same ten-for-twelve rate. The single free period in Section 6.2 applies in the same way and, being once per Client, is not given again if the Client later moves between monthly and annual billing. The first annual Billing Date falls fourteen days after delivery, with subsequent annual Billing Dates on the yearly anniversary of that date. Overage under Section 6.3 is not included in the annual fee and continues to be calculated and collected in arrears against each monthly Billing Period. An annual plan cannot be cancelled partway through a paid year: the Client may give notice at any time under Section 13.2, and that notice takes effect at the end of the year already paid for, at which point the Agreement ends and no further amount is charged. In line with Section 6.5, no refund or credit is given for the unused remainder of a paid year. Cancelling ends the renewal; it does not unwind the term.

6.11 Changing plan. The Client may move to a different plan at any time, either from the Client's dashboard or by asking Bertrand AI in writing under Section 16.1.

(a) Moving to a higher plan takes effect immediately. The fee for the current billing period has already been paid in advance under Section 6.2, so the Client pays only the difference between the two plans' fees for the rest of that period: the full difference for the period, multiplied by the number of days left in it (including the day of the change) and divided by the number of days in the period. On an annual plan, the period is the paid year under Section 6.10 and the difference is between the annual fees. The amount is shown to the Client before they confirm the change, and is collected once by Direct Debit under Section 6.4, separately from the recurring fee. For the rest of the current billing period, the Client's allowance under Section 6.3 increases by the difference between the two plans' allowances, reduced in the same proportion, and any overage for that period is charged at the higher plan's rate. From the next Billing Date, the higher plan's full fee and allowance apply.

(b) Moving to a lower plan takes effect from the next Billing Date, or from the next annual Billing Date on an annual plan. Until then the Client keeps the plan, allowance and overage rate already paid for, and no refund or credit is given for the difference (Section 6.5). A move to Solo Cover is subject to its eligibility conditions in Section 6.3.

(c) During the free period under Section 6.2 nothing has yet been charged, so a change of plan made then costs nothing, and the fee taken on the first Billing Date is that of the new plan.

(d) Bertrand AI's access to the account. Bertrand AI's staff can view and administer the Client's account in order to provide and support the Service. Bertrand AI will not move the Client to a higher plan, or take any charge under paragraph (a), unless the Client has confirmed the change in the dashboard or asked for it in writing.

6.12 Additional location fees. The more locations the Client has, the less each further location costs. The additional location fee under Section 6.2 is charged for each delivered location beyond the first, at the rate for that location's place in the count of the Client's delivered locations: €177.00 per month for the 2nd to the 10th location, €142.00 for the 11th to the 50th, €112.00 for the 51st to the 150th, €89.00 for the 151st to the 300th, €77.00 for the 301st to the 1,000th, €70.00 for the 1,001st to the 2,500th, and €65.00 for the 2,501st and every location after it. For example, a Client with twelve delivered locations pays the plan fee, nine fees of €177.00 and two of €142.00. Each band applies only to the locations within it, so adding a location never lowers the total and never raises the fee of a location already charged. Where locations are removed, the count is taken again on the next Billing Date. Each additional location adds 300 minutes to the pooled allowance under Section 6.3, whatever its band. On an annual plan these fees are charged on the ten-for-twelve basis in Section 6.10. The one-off setup fee in Section 6.1 is charged once per account, with its second location, and not for the third or any later location. Any plan that covers more than one location may have any number of locations, and no Client is required to change plan because of how many locations it has. Multi-Site and Enterprise are the plans for groups, with a larger shared allowance and a lower overage rate: when a location is added and one of them would cost the Client less at its own usage, the Client's dashboard shows both prices, and the Client may move to it under Section 6.11 or keep its plan.

6.13 The Client's own voice (Solo Cover). A Client on Solo Cover may ask for its Assistant to speak in the Client's own voice, at no extra fee. The Client provides a recording of its own voice through the onboarding form and confirms that the voice is its own and that it consents to this use. Bertrand AI uses the recording only to make a synthetic copy of that voice with its voice synthesis provider, and uses the copy only for the Client's own Assistant: never for another client, a demonstration, marketing, or to train any model. The recording is deleted once the copy has been made, and within 30 days of upload if it is never used. The Assistant still tells every caller that it is an AI, as Section 5 requires, whichever voice it speaks with. The Client also chooses a voice from Bertrand AI's catalogue as its backup; the Assistant speaks with that voice whenever the copy cannot be made or cannot be used, and the fees are the same either way. The Client may withdraw its consent and ask at any time for its voice to be removed; Bertrand AI then switches the Assistant to the backup voice and deletes the copy within 7 days. The copy is also deleted within 30 days of this Agreement ending. If the Client moves to another plan, the copy stays in use unless the Client asks for it to be removed. Bertrand AI may decline or remove a voice it reasonably believes is not the Client's own, or that would mislead callers.

7. Third-party providers and data processing

7.1 In providing the Service, Bertrand AI acts as a data processor in respect of any personal data of Callers (including call audio, transcripts, and any personal data disclosed during calls). The Client is the data controller of that Caller personal data — the Client has the direct relationship with its Callers and is responsible for having a lawful basis for processing and for providing Callers with a privacy notice (Bertrand AI provides a template for this at onboarding).

7.2 Bertrand AI will only process Caller personal data to provide the Service, in accordance with the Client's instructions as reflected in the Client Content and Order Form.

7.3 The Client consents to Bertrand AI's use of the Third-Party Providers listed in Section 2 as sub-processors. Bertrand AI will give the Client the names of its current sub-processors on written request. Bertrand AI will give the Client at least 30 days' notice by email to the Client's account contact before adding or replacing a sub-processor. The Client may object on reasonable data-protection grounds within that period, and if Bertrand AI cannot reasonably accommodate the objection, the Client may terminate the affected service without penalty and receive a pro-rata refund of any fees paid in advance for the period after termination.

7.4 Both Parties will comply with their respective obligations under the General Data Protection Regulation (Regulation (EU) 2016/679) and the data protection law of the Client's country. Bertrand AI is established in the United Kingdom. Personal data the Client transfers to Bertrand AI is transferred under the European Commission's adequacy decision for the United Kingdom or, if that decision ceases to apply, under the European Commission's standard contractual clauses, which the Parties agree to enter into on request.

7.4A Personal data breaches. If Bertrand AI becomes aware of a personal data breach affecting Caller personal data, it will notify the Client without undue delay and in any case within 48 hours, with what is known of its nature, the data and Callers affected, its likely consequences and the steps taken, and will give the Client the further information and help it reasonably needs to meet its own obligations, including any notification to its supervisory authority under Article 33 of the General Data Protection Regulation.

7.5 On termination, Bertrand AI will delete or return Caller personal data held on the Client's behalf within 30 days, except where retention is required by law. This 30-day period applies specifically to Caller data processed under Section 7.1 during an active Client relationship — it is separate from Section 7.6.

7.6 Separately from Caller data above, Bertrand AI acts as the data controller (not processor) for the Client's own contact details supplied at onboarding (e.g. the named business contact's name, role, phone, and email) and for any prospective client's personal data collected before a Client relationship exists — including onboarding submissions that are never approved or are rejected, and leads captured through Bertrand AI's own website demo assistant. This data is processed on the lawful basis of Bertrand AI's legitimate interest in operating and following up on sales enquiries. Where such personal data does not result in an active Client relationship, Bertrand AI retains it for no longer than 12 months from the last contact with that prospect, after which it is deleted. This retention period and its rationale are set out in full in Bertrand AI's public Privacy Policy.

7.7 New telephone numbers are subject to regulatory registration. Where the Client asks Bertrand AI to supply a new telephone number in the Client's country, the rules of that country require the number to be registered to the Client's business, with the Client named as the end user, before it can be brought into service. That registration is reviewed by Bertrand AI's telecommunications provider. The time it takes varies by country, and Bertrand AI will tell the Client the expected time once the Client's details and supporting documents are complete. Bertrand AI does not control the length or the outcome of that review.

7.8 What happens to the Client's Assistant when this Agreement ends. The Assistant is withdrawn from service immediately: its telephone number is released and the Assistant stops answering calls. Its configuration — the services, opening hours, answers and voice settings built during onboarding — is retained for 12 months and then deleted. That period exists for the Client's benefit, not Bertrand AI's: it means a Client who cancels in error, or who returns within 12 months, can be restored without rebuilding their Assistant from nothing. Three limits apply to it. First, Caller personal data is not kept for this period — it is governed by Section 7.5 and deleted or returned within 30 days regardless. Second, any named individual's details held within the configuration — for example a staff member's name, or an escalation telephone number — are removed within 30 days on the same footing as Section 7.5, so a restoration after that point will ask the Client to supply them again. Third, deletion at 12 months is automatic and enforced by a scheduled process, not left to someone to remember, and the Client does not have to ask for it. The Client may ask for the configuration to be deleted sooner at any time, and Bertrand AI will do so.

7.9 Because the Assistant is not delivered until its number is live, this period falls before the Delivery Date, and accordingly before the free period and the first Billing Date under Section 6. The Client is not charged while waiting for a new number. A Client who instead keeps an existing number and forwards calls to the Assistant, or who ports a number already in service, is not subject to this registration period and may be delivered as soon as the Assistant is ready.

8. Intellectual property

8.1 The Client retains all rights in Client Content.

8.2 Bertrand AI retains all rights in the underlying Service, including the automation workflows, call-routing logic, prompt templates, and any Bertrand AI IP incorporated into the Assistant configuration.

9. Case studies and references

9.1 Where the Client has been offered discounted pilot pricing in exchange for a case study (as described on Bertrand AI's website at the time the Client signed up), the Client agrees to reasonably cooperate with Bertrand AI in producing one, including permitting Bertrand AI to use the Client's business name, logo, and a short description or quote about the Client's experience of the Service in Bertrand AI's marketing materials, website, and sales conversations.

9.2 Outside of Section 9.1, Bertrand AI will not publicly name the Client as a user of the Service, or use the Client's name, logo, or any Caller data, in marketing materials without the Client's prior written consent.

9.3 The Client may withdraw consent given under this Section at any time by written notice to Bertrand AI (see Section 16), and Bertrand AI will stop using the Client's name/logo/quote in any materials first published after that notice, though this does not require retraction of materials already distributed before the notice was received.

10. Warranties and disclaimers

10.1 The Service is provided "as is". Bertrand AI does not warrant that the Assistant will be error-free, uninterrupted, or that its responses will always be accurate — the Client acknowledges that the Assistant is an AI system and may occasionally misunderstand a Caller, mishear an accent, or generate an incorrect response despite the guardrails in Section 5.

10.2 Except as expressly stated in this Agreement, all warranties, conditions, and terms implied by statute or common law are excluded to the fullest extent permitted by law.

11. Limitation of liability

11.1 Nothing in this Agreement excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot lawfully be excluded or limited (including under the Unfair Contract Terms Act 1977). This carve-out cannot be removed or narrowed by either Party.

11.2 Subject to Section 11.1, Bertrand AI's total aggregate liability to the Client arising out of or in connection with this Agreement, whether in contract, tort (including negligence), or otherwise, will not exceed the greater of (a) the total fees paid by the Client in the 12 months preceding the event giving rise to the claim, or (b) €1,176.01.

11.3 Subject to Section 11.1, Bertrand AI will not be liable for any indirect or consequential loss, loss of profit, loss of business, or loss of reputation, even if such loss was foreseeable.

11.4 Bertrand AI is not liable for any failure or delay caused by a Third-Party Provider's outage, error, policy change, or discontinuation, beyond the obligations in Section 3.3.

12. Indemnity

12.1 The Client will indemnify Bertrand AI against any claim, loss, or liability arising from: (a) inaccurate, misleading, or unlawful Client Content supplied to Bertrand AI; or (b) the Client's breach of Section 4 or Section 5.

12.2 Bertrand AI will indemnify the Client against any claim, loss, or liability arising from Bertrand AI's breach of its data processing obligations under Section 7.1–7.4 (Caller data processed as a data processor on the Client's behalf), to the extent such claim arises from Bertrand AI's own act or omission and not from the Client's own instructions, Client Content, or breach of this Agreement. This Section 12.2 is subject to the liability cap in Section 11.2.

13. Term and termination

13.1 This Agreement begins on the date the Assistant is delivered to the Client under Section 6.2 and continues for successive Billing Periods — monthly, or annually where the Client has chosen an annual plan under Section 6.10 — until terminated.

13.2 The Client may terminate this Agreement at any time, with no notice period, either by the method in Section 16.1 or by using the "Cancel my subscription" function in the Client's dashboard; where given via the dashboard, cancellation is treated as effective at the time of that action, and Bertrand AI will confirm it and the resulting end date by email in accordance with Section 16.1. Where the Client has already paid for the current month in advance under Section 6.2, the Service continues until the end of that paid period, and no refund is given for any unused part of it (Section 6.5). No further amount of any kind is charged after cancellation: no notice-period fee, no pro-rated charge, and no further monthly collection. This does not affect overage already accrued under Section 6.3 before cancellation for calls the Assistant has already answered: that amount remains payable and is collected in arrears in the ordinary way, shortly after the billing period in which it was incurred ends. Bertrand AI will state the amount and the calls it covers when confirming the cancellation. Where the Client cancels before any payment has been collected, including during the free period under Section 6.2, nothing is charged at all and the Service ends immediately on cancellation rather than continuing to the end of that period. Bertrand AI may terminate this Agreement on 30 days' written notice to the Client under Section 16.1.

13.3 Bertrand AI may suspend or terminate the Service immediately if fees are overdue by more than 7 days, or if the Client instructs Bertrand AI to remove the disclosure or emergency-escalation safeguards in Section 5.

14. Force majeure

14.1 Neither Party is liable for any failure or delay in performing its obligations under this Agreement (other than payment obligations) caused by events beyond that Party's reasonable control, including natural disaster, fire, flood, war, civil unrest, act of government, national or regional internet or power infrastructure failure, or industrial action — provided the affected Party notifies the other as soon as reasonably practicable and uses reasonable efforts to mitigate the impact.

14.2 This Section is separate from, and does not limit, Section 3.2's specific allocation of risk for Third-Party Provider outages, which applies regardless of whether such an outage also independently qualifies as a force majeure event.

15. Assignment

15.1 The Client may not assign, transfer, or sub-contract this Agreement or any of its rights or obligations under it without Bertrand AI's prior written consent.

15.2 Bertrand AI may assign or transfer this Agreement, in whole, to a successor entity carrying on the same business (for example, if Bertrand AI later incorporates as a limited company), provided the successor assumes all of Bertrand AI's obligations under this Agreement unchanged, and Bertrand AI gives the Client reasonable written notice of the change.

16. Notices

16.1 Any formal notice under this Agreement (including notice of termination, breach, or withdrawal of consent under Section 9.3) must be in writing and sent by email to: (a) if to Bertrand AI, hello@bertrandai.uk; (b) if to the Client, the contact email address given on the Client's Order Form / onboarding submission, or any updated address the Client has since notified in writing or changed using the account contact email function in the Client's dashboard. A notice is treated as received on the next business day after it is sent.

16.2 Routine operational communication (support queries, Client Content updates, billing queries) does not need to follow this Section and may be sent through Bertrand AI's normal channels.

16.3 Complaints. The Client may complain about the Service by email to hello@bertrandai.uk or through the dashboard. Bertrand AI will acknowledge a complaint within one working day and give a full response within ten working days, saying what happened, what it is doing about it and what it means for the Client's fees; where it needs longer, it will say so before the ten working days are up and give a date. A complaint about personal data is answered within one month, as the GDPR requires, and the Client may also complain at any time to the data protection authority of its own country: in Ireland the Data Protection Commission, in France the CNIL, and in Germany the data protection authority of its Land. Making a complaint does not affect the Client's rights under Section 17 or any other part of this Agreement.

17. Dispute resolution

17.1 If a dispute arises under this Agreement, a senior representative of each Party (for a sole-trader Client, the owner; for Bertrand AI, the proprietor) will first attempt in good faith to resolve it informally within 14 days of either Party raising it in writing, before either Party commences formal legal proceedings.

17.2 This Section does not prevent either Party from seeking urgent injunctive relief, or from exercising Bertrand AI's suspension rights under Section 13.3, at any time without first following this process.

18. General

18.1 Governing law and jurisdiction: This Agreement, and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims), is governed by the law of England and Wales, and the Parties submit to the exclusive jurisdiction of the courts of England and Wales. This Agreement is between two businesses; nothing in it limits a right the Client has under the mandatory law of its own country that cannot be excluded by agreement.

18.1A These Terms are written in English, which is the language of this Agreement. Any translation is provided for convenience only, and the English text prevails.

18.2 If any provision of this Agreement is found unenforceable, the remaining provisions continue in full force.

18.3 This Agreement, together with the Order Form, is the entire agreement between the Parties regarding the Service.

18.4 Variation: Except for fee changes made under Section 6.7, no variation of this Agreement is effective unless agreed in writing by both Parties. The version of these Terms the Client accepted at onboarding is the version that governs this Agreement, and it does not stop applying because a newer version exists. Bertrand AI maintains a current public version for new Clients; publishing it has no effect on an existing Client. A newer version applies to the Client only if Bertrand AI gives the Client at least 30 days' written notice under Section 16.1, together with a plain summary of what has changed, and it then applies from the end of that notice period. If the Client does not wish to accept it, the Client may terminate this Agreement under Section 13.2 by giving notice before it takes effect, in which case Sections 6.5 and 13.2 govern what remains payable. If the Client does not terminate and continues to use the Service on or after the date the newer version takes effect, that constitutes acceptance of it.