Service Description: sipgate Conversational Intelligence
This service description governs the content and conditions for using the product "Conversational Intelligence" provided by sipgate GmbH (hereinafter referred to as sipgate). To the extent that the customer is required to pay a fee for the following services, this is regulated either in this service description or in the current version of the price list. The current version of the price list is linked at the end of this document.
In all other respects, the General Terms and Conditions for the use of sipgate (sipgate GTC) and the sipgate service description in their current versions shall apply.
1. General
1.1. Subject Matter
Conversational Intelligence is a paid product for business customers with a basic sipgate contract. It enables the automated, AI-assisted analysis of transcriptions of telephone calls conducted via the sipgate telephony infrastructure. The goal is to obtain business-relevant insights (Business Insights), for example, to optimize processes, products, and service quality.
1.2. Zielgruppe
Conversational Intelligence is aimed exclusively at business customers (B2B).
1.3. Not a tool for monitoring employee performance
Conversational Intelligence is explicitly not intended to monitor and/or evaluate the individual performance of the customer's individual employees. The product design prevents automated monitoring or evaluation of individual employee performance by the product. The customer is also not permitted to use the product for this purpose by bypassing this design. The insights gained are intended solely to provide aggregated business information and to improve operational workflows as a whole.
1.4. Contract Duration and Termination
The contract term for the additional feature Conversational Intelligence is one month. Thereafter, the contract is extended by one month at a time unless terminated. Either party may terminate the contract by giving one business day's notice to the end of a month. The termination must be in text form (e.g., via email).
2. Activation and Configuration
2.1. Activation by the Administrator
An administrator of the customer can activate Conversational Intelligence at the channel level in the sipgate account. Channels can be personal channels (assigned to a single user), shared channels (assigned to multiple users), or Contact Center channels.
2.2. Information for Users
If Conversational Intelligence is activated for a channel, users who make calls via the sipgate app will see a notice indicating that calls are transcribed and analyzed using AI.
2.3. Definition of Data Fields
The administrator can define individual data fields that are automatically extracted from the transcript for every call conducted via an activated channel. Examples of such data fields include:
- Product name,
- Problem description,
- Caller's budget,
- Compliance with specified conversation guidelines (playbooks).
The defined data fields are applied to every call in the activated channel. The customer is solely responsible for configuring the data fields in such a way that they meet their intended use and the applicable legal requirements.
3. Functionality
3.1. Analysis and Extraction of Data Fields
Based on the transcripts, the data fields defined by the administrator are automatically extracted and processed using AI-assisted methods. The results are made available to the administrator in their sipgate account or can be made available in third-party systems via an interface.
3.2. Business Insights
Aggregated insights can be derived from the extracted data fields, which the customer can use to optimize their processes, products, and service quality. The interpretation of the obtained data is the responsibility of the customer.
3.3. Storage
sipgate stores the transcripts and the extracted data fields on behalf of the customer for the period that can be configured in the sipgate account. Storage beyond this period is not guaranteed. sipgate recommends that the customer regularly create backup copies of the data relevant to them.
4. AI Functions
4.1. Use of AI
Conversational Intelligence uses AI-assisted procedures to analyze transcripts. The systems used are operated in accordance with the EU AI Act and are regularly checked for functionality and legal compliance. AI systems are highly complex systems that are subject to continuous development. Incorrect, unwanted, or misleading results cannot therefore be ruled out, even if the AI system operates within its specific guidelines.
4.2. No Individual Performance Evaluation
The AI-assisted analysis is used to obtain aggregated business information. An automated evaluation or automated scoring of the individual performance of individual employees of the customer does not take place.
5. Obligations of the Customer
5.1. Co-determination Obligations
The customer bears sole responsibility for compliance with all participation, co-determination and information rights of the relevant employee representatives in accordance with the Works Constitution Act. or other applicable regulations in a timely and complete manner in connection with the introduction and use of Conversational Intelligence. This applies in particular, but not exclusively, to the extent that functions of Conversational Intelligence may be suitable to affect matters relevant to co-determination. sipgate points out that Conversational Intelligence is not intended for the monitoring or performance evaluation of employees; any improper use is the sole responsibility of the customer. sipgate assumes no liability for the consequences of a failure to involve or incorrect involvement of the employee representation.
sipgate does not owe any advice or examination regarding the admissibility under co-determination law of using individual functions of Conversational Intelligence. sipgate is not liable for damages or disadvantages arising for the customer because they have not or not in a timely manner fulfilled the aforementioned obligations. This also applies in the event that a works agreement or staff agreement restricts or prohibits the use of individual functions of Conversational Intelligence; a claim for a reduction of the fee or for damages against sipgate does not exist in this case.
5.2. Data Protection Obligations
The customer is responsible for ensuring that the use of Conversational Intelligence – including the analysis and AI functions – is carried out in compliance with the applicable data protection provisions. In particular, the customer must ensure that:
a) the users concerned (agents) are informed about the use of Conversational Intelligence (in particular data field extraction and AI functions) in accordance with Art. 13 GDPR and – where necessary – their consent has been obtained,
b) incoming callers are informed in an appropriate manner about the processing of their call data (e.g., by an announcement at the beginning of the call),
c) a valid legal basis pursuant to Art. 6 (1) GDPR applies to the processing of personal data associated with the use – in particular conversation content, transcripts, and the data fields extracted therefrom,
d) any necessary data protection impact assessment pursuant to Art. 35 GDPR is carried out.
5.3. Responsibility for Data Field Definitions
The customer is and remains solely responsible for the selection and configuration of the data fields. sipgate provides the customer with a selection of exemplary data fields that can be adopted directly. In addition, the customer has the option to define their own data fields freely.
Regardless of whether the customer uses data fields proposed by sipgate or self-defined data fields, it is exclusively the responsibility of the customer to check whether the chosen data fields are compatible with the applicable legal requirements – in particular data protection and labor law regulations. sipgate does not owe any legal examination or advice in this respect.
6. Entgelte und Abrechnung
Conversational Intelligence is included in the scope of services of the sipgate Contact Center for all Contact Center channels.
For the use of Conversational Intelligence in personal and shared channels, the following fees apply:
a) Analyzed calls: Every incoming or outgoing call conducted and transcribed in a channel for which Conversational Intelligence is activated is counted as an analyzed call and billed on a per-minute basis.
b) Minute packages: The minute packages include a defined number of call minutes, which are billed as a monthly flat rate.
As part of the initial activation of Conversational Intelligence for a channel, a minute package must be booked.
The monthly basic prices per minute package are specified in the price list.
Note: Booking a minute package may make it necessary to adjust the automatic monthly top-up amount.
6.1. Upgrade/Downgrade
If a minute package is booked during the month, it becomes active immediately. This also applies to an upgrade from one minute package to a larger minute package. A downgrade to a smaller minute package becomes effective at the beginning of the following month.
6.2. Term
The term of the minute packages is one month. The term of the minute package is automatically extended if it is not terminated. Minute packages can be terminated with a notice period of one business day to the end of the month.
Once the minute allowance is used up, each additional minute will be billed at the per-minute price specified in the price list.
7. Liability
7.1. General Liability
Liability is generally governed by sipgate's general terms and conditions, in particular Section 5 of the sipgate Terms & Conditions (Liability when using AI applications by customers). The customer indemnifies sipgate against all claims of third parties asserted against sipgate as joint and several debtors pursuant to Art. 82 (4) GDPR due to data protection violations by the customer in connection with the use of Conversational Intelligence, unless these are based on a violation by sipgate of its own data protection obligations.
7.2. No Guarantee of Accuracy
sipgate assumes no liability for the accuracy, completeness, or usability of the transcripts, extracted data fields, or insights derived therefrom generated by Conversational Intelligence. The customer is obliged to check the results independently before using them for business purposes.
7.3. Data Loss
In the event of data loss, sipgate is only liable in cases of slight negligence to the extent that the customer has backed up their data in application-appropriate intervals and in a suitable form so that it can be restored with reasonable effort.
8. Availability and Limitations
8.1. Availability
sipgate makes Conversational Intelligence available as far as technically and operationally feasible. sipgate does not assume any warranty for the uninterrupted accessibility or uninterrupted availability of all functions of Conversational Intelligence.
8.2. Technical Limitations
The quality of transcription and analysis can be influenced by factors outside the control of sipgate, in particular background noise, call quality, dialects, technical terminology, or the quality of the customer's internet connection.
sipgate GmbH, Düsseldorf
The currently applicable GTC and price lists are available at: