Terms of Use of Safina AI
As of April 20, 2025
Welcome to Safina AI! These terms of use govern your relationship with DK Tech Solutions UG (in formation, commercial register entry will follow shortly) based in Schwanthalerstr. 141, 80339 Munich, represented by David Schemm and Karsten Kreh (hereinafter "Safina AI", "we", or "us") regarding the use of our service. You can reach us by email at info@safina.ai or through the contact information in the imprint of our website.
1. Scope, Provider and Definitions
1.1. Subject and Scope
a) Safina AI offers a service in the form of an AI-controlled mailbox and telephone switchboard (hereinafter "Service"), which helps both individuals and businesses manage their telephone availability, receive, analyze and organize calls. The Service is provided via a mobile application (hereinafter "App") and a web interface.
b) These terms of use (hereinafter "Terms") apply to all natural and legal persons (hereinafter "Users", "You") who use the Service of Safina AI, regardless of whether the use is free of charge (e.g., during a trial period) or for a fee as part of a subscription. They apply to both consumers and entrepreneurs.
c) For users of the "Enterprise" plan, additional or different individual agreements (e.g., separate Enterprise contracts, data processing agreements) may apply. Such individual agreements take precedence over these Terms in the event of contradictions.
d) Any conflicting or deviating terms of the User do not apply unless we have expressly agreed in writing to their validity.
e) By registering for the Service or using the Service, you agree to these Terms.
f) These Terms are provided in German and English. In the event of discrepancies or questions of interpretation, only the German version is authoritative. The currently valid version of these Terms is available on our website and can be saved or printed from there. We reserve the right to change these Terms according to section 13.
1.2. Definitions
In the context of these Terms, the following terms have the following meanings:
“Provider” is DK Tech Solutions UG in accordance with number 1.1 a).
“Caller” is any natural or legal person who attempts to reach the User via the telephone number forwarded to Safina AI.
“App” refers to the mobile software application of Safina AI for iOS and Android, through which the Service can be used and managed.
“DPA” (Data Processing Agreement) refers to the contract according to Art. 28 GDPR, which is concluded between the User (as the responsible party) and Safina AI (as the processor) when the User processes personal data through the Service as an entrepreneur.
“Service” refers to the totality of the services provided by Safina AI, particularly the AI-controlled mailbox and telephone switchboard, including the App, the web interface, the underlying AI technologies, and all associated functions according to the chosen plan.
“Content” refers to all data, texts, audio files, information, or materials provided by Safina AI in connection with the Service, excluding User content.
“AI Assistant” refers to the artificial intelligence provided by Safina AI that receives calls, conducts dialogues, processes information, and produces reports.
“User” is any natural or legal person who registers for or uses the Service.
“User Content” refers to all data, information, texts, audio files (e.g., voice recordings of calls), transcripts, summaries, analyses (e.g., sentiment ratings), and configurations (e.g., conversation guides, contact details) that are generated, uploaded, or provided by the User or by callers in the context of using the Service.
“User Account” refers to the personal access area of the User to the Service after successful registration.
“Plans” refers to the various subscription models under which the Service is offered, currently "Personal", "Professional", and "Enterprise", which differ in scope of functions, performance limits (e.g., call minutes), and costs. The details of the plans are described on Safina AI's website.
“Trial Period” refers to a limited period during which the User can test the Service or specific features free of charge or at reduced costs before a paid subscription begins.
“Entrepreneur” is a natural or legal person or a legally capable partnership that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction (§ 14 BGB).
“Consumer” is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity (§ 13 BGB).
2. Registration, User Account, Conclusion of Contract, Trial Period and Right of Withdrawal
2.1. Requirements for Use
a) The use of the Service requires that you are a natural person who has reached the age of 18 and is fully legally competent, or a duly formed and represented legal person or partnership.
b) If you use the Service on behalf of an organization, company, or another legal person, you confirm that you have the authority to bind this legal person to these Terms. In this case, "User" or "You" refers to this legal person.
2.2. Registration and User Account
a) To use the Service, you must register and create a User account. Registration is done via the App or our website.
b) You are required to provide truthful, current, and complete information during registration and to keep this data up to date throughout the entire contract period.
c) You are responsible for the security of your User account and your access data (e.g., password). Keep your access data confidential and protect it from unauthorized access by third parties. You are responsible for all activities that occur through your User account unless you can prove that you did not cause the misuse.
d) You are required to inform us immediately if you become aware of unauthorized use of your access data or any other security breach or if you suspect such a breach. Please contact us at info@safina.ai for this.
2.3. Conclusion of Contract
a) The representation of the Service on our website or in the App does not yet constitute a legally binding offer, but an invitation to submit an offer from you (invitatio ad offerendum).
b) By completing the registration process (e.g., by clicking a button like "Register", "Create Account", or "Get Started Now") and explicitly agreeing to these terms of use as well as our privacy policy, you submit a binding offer to conclude a usage contract for the Service.
c) We accept your offer by sending a confirmation email or by activating your User account and providing the Service. With this acceptance, the usage contract is concluded between you and Safina AI.
2.4. Trial Period
a) We may offer a free or discounted trial period for certain plans or features of the Service at our discretion.
b) The duration, scope, and specific conditions of such a trial period (e.g., available features, minute limits) will be communicated to you before the trial period begins (e.g., during the registration process, on the plan selection/paywall screen).
c) Unless otherwise specified, the trial period automatically ends after the agreed duration. If you wish to continue using the Service beyond the trial period, you must select and conclude a paid plan. Otherwise, your access to the tested features will be restricted or blocked after the trial period ends.
2.5. Right of Withdrawal for Consumers
a) If you use the Service as a consumer (according to the definition in number 1.2), you have a legal right of cancellation when concluding a paid plan in distance selling.
b) We will inform you separately about your right of withdrawal, the conditions, deadlines, and procedure for exercising the right of withdrawal, as well as a sample withdrawal form. This right of withdrawal will be made available to you in text form before the conclusion of the paid contract (e.g., by email or as part of the ordering process) and is also accessible at any time on our website.
3. Scope of Services, Technical Requirements and Limits of the Service
3.1. Service Description
a) Safina AI provides the User with an AI-controlled service that acts as an intelligent mailbox or telephone switchboard. The Service allows incoming calls to be received by an AI Assistant, dialogues to be conducted with callers, call information to be processed, and to be made available to the User in prepared form (e.g., as a summary, transcript, audio recording, analysis) via the App or web interface.
b) The specific scope of functions, performance limits (e.g., included call minutes per month, number of AI Assistants), and specific features (e.g., spam protection, customization of voice and tone, conversation guides, CRM integrations, advanced AI evaluations, multilingualism, on-premise hosting, API access) depend on the plan chosen by the User (Personal, Professional, or Enterprise). The detailed service description of the individual plans is available on our website safina.ai and becomes part of the contract.
c) We strive to continuously develop the Service. Therefore, we reserve the right to adjust, modify, or expand functions and features of the Service, provided that this is reasonable for the User and the core performance scope of the booked plan remains intact. Significant changes will be announced in accordance with section 13.
d) The Service will be hosted and operated on servers in Germany (currently AWS Frankfurt) unless an on-premise solution is agreed upon as part of an Enterprise contract.
3.2. Technical Requirements
a) The use of the Service requires a compatible device (e.g., smartphone with current iOS or Android operating system for App use, computer with current web browser for web interface) as well as a stable internet connection.
b) A prerequisite for receiving calls by Safina AI is that the User sets up correct call forwarding from their telephone number to the number assigned to them by Safina AI. The responsibility for setting up, managing, and any costs associated with call forwarding lies solely with the User.
c) The User is responsible for ensuring that their hardware and software as well as their internet connection meet the technical requirements.
3.3. Limits of the Service and the AI
a) No emergency call function: The Service is explicitly not intended or suitable for making emergency calls to police (110), fire/rescue service (112), or other emergency services. The User is responsible for ensuring that emergency calls are made via conventional telephone connections.
b) AI limitations and susceptibility to errors: The Service uses artificial intelligence for functions such as speech recognition, transcription, translation, summarization, sentiment analysis, spam detection, and dialogue management. AI systems are complex and may contain errors or produce unexpected results despite careful development and training. We therefore do not guarantee 100% error-free accuracy, completeness or appropriateness of the information and results generated or processed by the AI. This particularly concerns, but is not limited to:
The correct recognition and transcription of spoken language.
The content accuracy of summaries.
The reliability of sentiment analyses or urgency assessments.
The error-free identification of all spam or phishing attempts.
The consistently appropriate or expected dialogue management by the AI Assistant.
c) The User acknowledges that the results of AI processing (e.g., transcripts, summaries, analyses) always require critical examination by the User before decisions are made or actions taken based on them. The responsibility for using and interpreting the information provided by the Service lies with the User.
4. Availability, Maintenance, and Support
4.1. Availability
a) We strive to provide the Service with high availability. However, except in cases according to number 4.1 c), we do not guarantee uninterrupted or trouble-free availability of the Service. Access to the Service may be temporarily restricted or interrupted due to technical disturbances outside our control (e.g., disruptions of telecommunications networks, power outages, hardware or software failures of third parties) or due to maintenance work.
b) No specific percentage availability (Service Level Agreement - SLA) is guaranteed for users of the "Personal" and "Professional" plans.
c) For users of the "Enterprise" plan, different regulations regarding availability, including guaranteed service levels (e.g., 99.5% availability on an annual average), may be specified in a separate Enterprise contract or service level agreement (SLA).
4.2. Maintenance
We are entitled to temporarily take the Service offline for maintenance and optimization purposes ("scheduled maintenance windows"). We will endeavor to announce planned maintenance that will significantly impair the Service in advance with appropriate notice (e.g., by email or in-app notification) and to carry this out during times of low usage whenever possible.
4.3. Support
a) We offer technical support for the Service. Inquiries can be submitted through the channels provided on our website or in the App (e.g., email to info@safina.ai, contact form).
b) Our standard support is generally available on weekdays (Monday to Friday, excluding public holidays at the provider's location) between 9:00 AM and 6:00 PM (CET/CEST). We strive for timely handling of inquiries but do not guarantee specific response times for users of the "Personal" and "Professional" plans.
c) For users of the "Enterprise" plan, extended support services, such as dedicated contacts or guaranteed response times, can be agreed upon within the separate Enterprise contract.
5. Usage Rights, User Obligations, and Prohibited Actions
5.1. Usage Rights
a) We grant you a simple, non-exclusive, non-transferable, non-sublicensable and revocable right to use the Service and the associated App for the duration of the usage contract in accordance with these Terms and the plan you have chosen. The usage right is limited to the contractual purpose.
b) If access to an application programming interface (API) is granted under an Enterprise contract, the specific conditions of the API documentation and the Enterprise contract apply.
c) Any use exceeding the scope defined in these Terms or in the chosen plan requires our prior written consent.
5.2. User Obligations
You are obliged to:
a) Lawful Use: Use the Service solely in accordance with these Terms and all applicable laws and regulations. This particularly includes, but is not limited to, compliance with data protection laws (GDPR, BDSG, TTDSG), telecommunications laws (TKG), competition laws, and copyright laws.
b) Configuration and Setup: Ensure the correct setup and configuration of the Service, particularly setting up call forwarding (see number 3.2 b)), managing notification settings, and configuring exceptions for contacts that should not be forwarded to Safina AI.
c) Information and Consent of Callers (Essential): You are solely responsible for ensuring that callers are clearly and understandably informed about the use of an AI-based service for call reception and processing as well as any recording or storage of the conversation before being forwarded to Safina AI and before the interaction with the AI Assistant begins in accordance with all applicable laws (especially GDPR and TTDSG). You are further responsible for obtaining all necessary consents from the callers, where legally required. This applies particularly if you use audio recording functions or if the AI Assistant is to process personal data of the caller. Further information can also be found in our privacy policy.
d) Responsibility for Content: Assume sole responsibility for all User content you provide (e.g., contact details, content for conversation guides, configurations) or that is generated by callers in the context of using the Service. You must ensure that your User content is lawful and does not infringe on the rights of third parties. You are also responsible for the results that arise from the interaction of the AI Assistant with callers, especially if these are based on specific instructions or configurations (e.g., prompts, conversation guides) by you.
e) Due Diligence: Safeguard your access data and take all necessary measures to prevent unauthorized use of your account (see also number 2.2 c) and d)).
f) Data Accuracy: Ensure that the information provided during registration and in the context of use is accurate and up to date (see number 2.2 b)).
5.3. Prohibited Actions
You are prohibited from:
a) Using the Service for illegal, fraudulent, harassing, discriminatory, defamatory, obscene, violent, or otherwise offensive or harmful purposes or enabling its use for such purposes.
b) Using the Service in a manner that infringes the rights of third parties, including but not limited to copyright, trademark, patent, trade secret, personality, or data protection rights.
c) Uploading, distributing, or transmitting harmful software (viruses, Trojans, worms, etc.) through the Service.
d) Using the Service for unsolicited commercial communication (spam), mass calling without the recipients' consent, or for phishing purposes.
e) Attempting to disrupt, overload, impair or circumvent the integrity, security or performance of the Service, the underlying systems or networks.
f) Attempting to reverse engineer, decompile, disassemble or otherwise derive the source code of the software or technology behind the Service unless expressly permitted by mandatory law.
g) Copying, modifying, renting, leasing, selling, distributing or creating derivative works of the Service or parts thereof, unless expressly permitted.
h) Circumventing safety measures, access restrictions, or usage limitations of the Service.
5.4. Allowed Use and Industries
The use of the Service is permitted for all legally allowed business purposes and industries as long as the use is in accordance with these Terms and all applicable laws.
6. Fees, Payment Terms, and Invoicing
6.1. Paid Plans and Fees
a) The use of the Service under the "Personal" and "Professional" plans is chargeable and based on a subscription model with recurring fees. The currently valid prices and billing intervals (e.g., monthly or annually) for these plans are listed on our website safina.ai.
b) The use of the "Enterprise" plan is also chargeable. Billing is generally based on individual agreements, which may provide for a base fee and/or usage-based billing (e.g., per call minute). Details are laid out in the separate Enterprise contract.
c) All prices quoted for consumers include the statutory value added tax. Prices for entrepreneurs are usually quoted as net prices plus statutory value added tax.
d) The use of the Service during a trial period according to number 2.4 is, unless otherwise stated, free of charge.
6.2. Payment Modalities and Processing
a) Payment for the charges for the "Personal" and "Professional" plans is made in advance for the respective billing period (month or year).
b) We offer various payment methods, which are displayed during the ordering process. Payment processing is carried out by external payment service providers:
When booking via our website: Processing is generally done through Stripe (Stripe Payments Europe, Ltd.). You provide your payment details directly to Stripe and authorize Stripe to debit the due charges. The usage and privacy terms of Stripe apply.
When booking via the App (In-App Purchase): Processing is done through the respective app store provider (Apple App Store or Google Play Store), possibly involving services like RevenueCat to manage subscriptions. Payment is processed through your Apple or Google account. The respective terms and conditions of use and payment of Apple or Google apply. Safina AI receives payment from Apple or Google.
c) For enterprise customers, the payment modalities are regulated in the enterprise contract (e.g., payment on invoice).
d) You are obliged to ensure that the payment method you provided is valid and has sufficient coverage. You are responsible for updating your payment information.
6.3. Invoicing
a) When booking via our website, you will receive an electronic invoice for the due charges (e.g., by email or for download in your User account).
b) For entrepreneurs based in Germany, the German value-added tax will be shown on the invoice. For entrepreneurs based in another EU member state, the reverse charge procedure may apply if a valid VAT identification number is presented. For entrepreneurs outside the EU, the respective tax regulations apply.
c) For in-app purchases via the Apple App Store or Google Play Store, invoicing is done directly by Apple or Google according to their conditions. You will receive the invoice from these providers.
6.4. Due Dates and Payment Delays
a) Subscription fees are due at the beginning of the respective billing period. Usage-based charges (e.g., for Enterprise) are invoiced and due according to the individual agreement.
b) If you are in default of your payment obligations, we are entitled, after prior reminder and setting a reasonable grace period, to temporarily suspend or restrict your access to the Service. Further statutory rights, especially the assertion of default interest at statutory rates and the right to extraordinary termination for important reasons (see number 12.3 c)), remain unaffected.
6.5. Price Adjustments
a) We reserve the right to adjust the prices for the paid plans to reflect increased overall costs (e.g., for technical infrastructure, personnel, licensing fees) or functional expansions.
b) We will notify you of any price increases for existing subscriptions at least 30 days before they take effect in text form (e.g., by email). In the announcement, we will inform you of your right to dispute the increased price or to terminate your contract in a timely manner at the time the price increase takes effect. If you do not object within the period specified in the announcement, the price increase is deemed to be approved. We will separately inform you of this consequence (deemed approval) in the announcement.
6.6. Refunds
a) In principle, no refunds will be made for previously paid charges for started or partially used billing periods unless this is required by law or expressly regulated differently in these Terms.
b) Your legal right of withdrawal as a consumer (see number 2.5) remains unaffected. In the event of an effective withdrawal, we will refund the payments made to you in accordance with legal provisions.
c) A refund may also occur if we are permanently unable to perform or if a termination occurs for an important reason for which we are responsible.
7. Data Protection, Data Processing, and Order Processing (DPA)
7.1. Principles of Data Protection
a) The protection of your personal data and the data of your callers is our top priority. We process personal data solely in accordance with applicable data protection laws, particularly the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), and the Telecommunications-Telemedia Data Protection Act (TTDSG).
b) Detailed Information about which personal data we collect and process when providing and using the Service, for what purposes, on what legal bases the processing is based, how long the data is stored, to whom it may be disclosed, and what rights you have as an affected person can be found in our separate Privacy Policy. This is available at any time on our website safina.ai/legal/privacy-policy and will also be made known to you during the registration process. The privacy policy is an integral part of these Terms.
7.2. Data Processing in the Context of the Service
a) To provide the Service, we necessarily process various data, which may include:
Your registration and contact data (name, email, possibly company, address).
Your configuration data (settings for the AI Assistant, conversation guides, contacts).
Call data (telephone numbers of callers, time, duration of the call).
User content such as audio recordings of calls (if activated), transcripts, summaries, and analyses.
Data from integrated third-party systems (e.g., CRM data, calendar data), if you activate such integration.
b) No AI Training with Your Data: We clarify that your User content, in particular audio recordings and transcripts of phone calls, will not be used by us to train our own or third-party AI models.
c) Hosting: Unless an on-premise solution is agreed upon as part of an Enterprise contract, the storage and processing of your data will occur solely on servers within Germany (currently at Amazon Web Services in Frankfurt).
d) Disclosure to Service Providers: For the technical provision of the Service, we use carefully selected technical service providers (sub-processors), e.g., for hosting, telephone connection, payment processing or providing specific AI functions (e.g., transcription, speech analysis). Your data will only be disclosed to these service providers to the extent necessary to fulfill the contract and within the framework of data processing agreements according to Art. 28 GDPR. Your data will not be disclosed to third parties for advertising purposes. Details about the service providers used can be found in our privacy policy.
7.3. Order Processing (DPA) for Entrepreneurs
a) If you use the Service as an entrepreneur (according to the definition in number 1.2) and have Safina AI process personal data (particularly data of your callers) in this context, you act as the controller within the meaning of Art. 4 No. 7 GDPR and Safina AI as a processor within the meaning of Art. 4 No. 8 GDPR.
b) In this case, the conclusion of a Data Processing Agreement (DPA) according to Art. 28 GDPR between you and us is mandatory to ensure GDPR-compliant processing.
c) We provide you with our standard DPA. You can obtain this by requesting it from info@safina.ai.
d) The conclusion of the DPA is a prerequisite for the lawful use of the Service by Entrepreneurs for processing personal data. You are responsible for concluding the DPA with us in a timely manner before the processing of personal data through the Service begins.
8. Intellectual Property, Rights to User Content and Feedback
8.1. Rights of Safina AI
a) The Service, the App, the underlying software, the databases, the brand “Safina AI”, logos, designs, and all content provided by us (excluding User content) are protected by copyright and/or other laws for the protection of intellectual property and are the exclusive property of Safina AI or our licensors.
b) Only the usage rights described in number 5.1 are granted to you. Additional rights are not transferred. In particular, you are not permitted to reproduce, distribute, publicly make available, edit or otherwise utilize the Service or parts thereof beyond the granted usage rights.
8.2. Rights to User Content
a) All rights to User content (according to the definition in number 1.2, e.g., audio recordings, transcripts, summaries, analyses, configurations) remain primarily with you or the respective rights holder (e.g., the caller for their speech contributions, if applicable).
b) However, you grant Safina AI a simple, non-exclusive, worldwide, royalty-free right valid for the duration of the usage contract to store, reproduce, process, analyze, and present your User content, exclusively to the extent necessary for the provision, maintenance, security, and technical optimization of the contractually agreed Service according to the plan you have chosen.
c) No AI Training: This usage right under number 8.2 b) explicitly does not include the right to use your User content (particularly audio recordings or transcripts) for the training of AI models (neither by Safina AI nor by third parties).
8.3. Anonymous Usage Data
Notwithstanding the provisions on User content, we are entitled to collect and use anonymized and aggregated data regarding the usage of the Service (e.g., number of calls, functions used, technical performance data) for statistical analyses, to improve system performance, to troubleshoot, and to optimize the underlying technologies. This data does not allow conclusions to be drawn about individual Users or callers.
8.4. Feedback
If you voluntarily provide us with feedback, ideas, suggestions, or improvement proposals for the Service (e.g., through the feature forum, by email or support request), you grant us an indefinite, irrevocable, worldwide, royalty-free, and unrestricted right to use, exploit, modify and publish this feedback for any purposes (including product development, marketing, etc.) without requiring any compensation or acknowledgment of your person.
8.5. Reporting Violations of Rights
If you believe that content within the Service violates your rights (e.g., copyrights, personality rights), please notify us at info@safina.ai with sufficient information to examine the matter. We will investigate reported violations of rights and take appropriate action if necessary.
9. Third Party Services and Integrations
9.1. Use of Third-Party Services by Safina AI
a) To provide and optimize the Service, Safina AI employs various services and technologies from third parties. This includes services in the areas of hosting (e.g., AWS), payment processing (e.g., Stripe, RevenueCat), telephone connections (e.g., Twilio), providing AI functions (e.g., speech recognition, transcription, speech generation by providers such as OpenAI, Google, Deepgram, Elevenlabs), analytics tools (e.g., Posthog), and communication services (e.g., Brevo).
b) A detailed overview of the essential third parties and sub-processors we use, as well as information on data processing by them, can be found in our privacy policy safina.ai/legal/privacy-policy.
9.2. User Activated Integrations
a) The Service may offer you the opportunity to connect your Safina AI account with third-party services not provided by Safina AI (e.g., CRM systems like Pipedrive or Salesforce, calendar services like Google Calendar or iOS Calendar, hereinafter referred to as “Third Integrations”).
b) The activation and use of such Third Integrations occur at your own initiative and responsibility. By enabling a Third Integration, you authorize Safina AI to access certain data from your account with the third party and/or transfer data from your Safina AI account to this third party as needed for the function of the integration. The scope of the data exchange will be indicated to you during the setup of the integration.
c) For the use of the services of the third party within the framework of a Third Integration, only the terms of use and privacy policies of the respective third party apply. You are responsible for reviewing and complying with these terms.
9.3. Disclaimer of Liability for Third Party Services and Integrations
a) Safina AI is not responsible for the content, availability, functionality, security, or data protection practices of third parties or their services, including user-activated Third Integrations.
b) We do not guarantee or assume liability for actions, omissions, or performance of third parties or for damages arising from the use of or reliance on third-party services or integrations. Any claims in connection with a third-party service or third-party integration should be directed to the respective third party.
10. Indemnification
a) You agree to indemnify Safina AI and our legal representatives, employees, and vicarious agents from all claims, demands, lawsuits, damages, losses, costs, and expenses (including reasonable attorney's and court costs) that are asserted against us by third parties (including callers or supervisory authorities) based on your culpable violation of these terms of use.
b) This indemnification obligation includes in particular, but is not limited to, claims arising from:
A violation of your obligations under number 5.2, particularly the obligation for lawful use and to obtain necessary information and consents from callers (number 5.2 c)).
A violation of third-party rights (e.g., copyrights, personality rights, data protection rights) through your User content or your use of the Service.
Your non-compliance with applicable laws or regulations in connection with the use of the Service.
A prohibited action taken by you according to number 5.3.
c) In case of claims by third parties, you are obliged to provide us immediately with all information necessary for the examination of the claims and the defense. You will reasonably assist us in defending against such claims. We reserve the right to assume the defense against such claims ourselves, with you remaining responsible for covering the reasonable costs associated with this.
11. Contract Duration and Termination
11.1. Duration and Renewal
a) The usage contract is concluded for an indefinite period.
b) For paid plans (“Personal”, “Professional”), the user selects an initial minimum duration (e.g., monthly or annually) at the conclusion of the contract. After the minimum duration has expired, the subscription automatically renews for the same period (e.g., another month or another year) unless it is terminated in due time by either party in accordance with the following provisions.
c) For the “Enterprise” plan, the durations and renewal regulations agreed upon in the separate Enterprise contract apply.
d) The duration of a trial period is determined according to number 2.4. It ends automatically if no paid plan is concluded.
11.2. Termination by the User
a) You can terminate the usage contract for a free User account (if offered) or a trial period at any time without notice.
b) Paid subscriptions for the “Personal” and “Professional” plans can be terminated with a notice period of fourteen (14) days to the end of the respective minimum duration or the respective renewal period.
c) Termination can be conveniently done through the settings in your User account (in the App or web interface). Alternatively, termination can also be made in text form (e.g., by email to info@safina.ai).
d) For the termination of an “Enterprise” plan, the notice periods and forms agreed upon in the separate Enterprise contract apply.
11.3. Termination by Safina AI
a) We can terminate the usage contract for free services or trial periods at any time with a notice period of 14 days.
b) Paid subscriptions can be terminated ordinarily with a notice period of thirty (30) days to the end of the respective minimum duration or the respective renewal period.
c) The right of both parties to extraordinary termination for important reasons remains unaffected. An important reason exists for us particularly if:
You significantly or repeatedly violate essential obligations from these terms of use (particularly the obligations from number 5.2 or the prohibitions from number 5.3).
You are in default of payment despite reminders and a reasonable deadline (see number 6.4 b)).
You become insolvent or insolvency proceedings are opened against your assets or the opening is denied due to a lack of assets.
The fulfillment of the contract becomes impossible or unreasonable for us for technical or legal reasons.
11.4. Consequences of Termination
a) Upon effective termination, your right to use the Service ends and your access to the User account will be deactivated.
b) We are entitled to delete your User content stored within the Service after the expiration of a reasonable period after the end of the contract (usually 30 days, unless there are statutory retention obligations to the contrary). Details on data deletion can also be found in our privacy policy.
c) You are responsible for backing up and exporting your User content (e.g., transcripts, reports, audio recordings) in a timely manner before the end of the contract if you need these further. We are not obligated to retain or release data beyond the end of the contract unless this is required by law.
d) Already paid charges for the period after the termination takes effect will not be refunded unless the termination resulted from an important reason attributable to us or there is a claim due to an effective withdrawal (see number 6.6).
12. Changes to Terms of Use and the Service
12.1. Changes to Terms of Use
a) We reserve the right to change these Terms of Use at any time, particularly to adapt them to changed legal or technical frameworks, to new functions or to further developments of the Service.
b) We will inform you of any planned changes to these Terms at least thirty (30) days before the planned effective date in text form (e.g., by email or through a notification in the App/in the User account). The notification will include the planned changes as well as the date of effectiveness.
c) Unless the changes are solely to your advantage, purely editorial in nature, or serve to adapt to mandatory legal requirements, the following applies: You have the right to object to the announced changes. Your objection must be received by us in text form (e.g., by email) within thirty (30) days after receipt of the change notification.
d) If you do not timely object to the changes, the amended Terms of Use are deemed accepted by you from the announced effective date. We will expressly inform you of this consequence (deemed acceptance) and your right of objection as well as the deadline for it in the change notification.
e) If you properly object to the changes, the contract will continue under the previous conditions. However, we reserve the right to terminate the usage contract properly in accordance with number 11.3 b) at the next possible time.
f) Changes that are required due to mandatory legal requirements will take effect immediately and do not require consent or the possibility of objection, but we will inform you of such changes.
12.2. Changes to the Service
a) We are entitled to continuously develop the Service and to change, adjust, expand or cease functions or components of the Service to improve the Service, adapt to technical developments or respond to market changes.
b) In the case of free services or functions, we are entitled to change, discontinue or only offer these against payment in the future at our discretion.
c) In the case of significant changes to paid services that affect the core of the agreed scope of services and have a detrimental effect on you (e.g., the complete discontinuation of a central function of the booked plan), we will inform you of this with reasonable notice, usually at least 30 days in advance, in text form. In this case, you have the right to terminate the contract extraordinarily at the time the change takes effect.
13. International Use
a) The Service is operated by the Provider from Germany. We do not guarantee that the Service and its contents are suitable or available for use at locations outside the European Union (EU) or the European Economic Area (EEA) or comply with the local laws applicable there.
b) If you access or use the Service from a location outside the EU/EEA, you do so at your own initiative and are solely responsible for complying with all applicable local laws and regulations, including but not limited to data protection laws, telecommunications laws and any export control regulations.
c) You are responsible for ensuring that your use of the Service, including sending data to and from Safina AI, does not violate export controls or sanctions laws (e.g., of the EU, USA or other relevant jurisdictions).
14. Applicable Law, Jurisdiction and Dispute Resolution
14.1. Applicable Law
a) These Terms of Use and the entire legal relationship between you and Safina AI are governed exclusively by the law of the Federal Republic of Germany.
b) The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
c) If you are a consumer with a habitual residence in another country of the European Union at the time of the conclusion of the contract, the mandatory consumer protection provisions of that country remain unaffected by the choice of law.
14.2. Jurisdiction
a) The exclusive jurisdiction for any disputes arising from or in connection with this contract is the registered office of Safina AI (Munich), provided you are an entrepreneur within the meaning of § 14 BGB, a legal person under public law or a special fund under public law.
b) The same applies if you do not have a general jurisdiction in Germany or if your residence or habitual abode is not known at the time of filing a claim.
c) Legal jurisdictions apply for consumers.
14.3. Dispute Resolution for Consumers
a) The European Commission provides a platform for online dispute resolution (ODR), which you can find at ec.europa.eu/consumers/odr.
b) Our email address is: info@safina.ai.
c) We are willing to participate in a dispute resolution process before a consumer arbitration board in accordance with the Consumer Dispute Resolution Act (VSBG).
15. Final Provisions
15.1. Entire Agreement
a) These Terms of Use constitute the entire agreement between you and Safina AI regarding the use of the Service along with the Privacy Policy safina.ai/legal/privacy-policy and, where applicable, the Data Processing Agreement (DPA) as well as any individual Enterprise agreements.
b) There are no verbal ancillary agreements. Previous agreements or arrangements regarding the subject matter of the contract are replaced by these Terms.
15.2. Severability Clause
If individual provisions of these Terms of Use are wholly or partially ineffective or unenforceable, the validity of the remaining provisions is not affected thereby. Instead of the ineffective or unenforceable provision, an effective and enforceable regulation is deemed agreed that comes closest to the meaning and purpose as well as the economic result of the ineffective or unenforceable provision. The same applies in the event that these Terms prove to be incomplete.
15.3. Assignment
a) You may only transfer your rights and obligations under this usage contract to third parties with our prior written consent. § 354a HGB remains unaffected.
b) We are entitled to transfer this contract with all rights and obligations in whole or in part to an affiliated company pursuant to §§ 15 ff. AktG or to a legal successor within the framework of a business transfer (e.g., sale, merger). In the event of such transfer, we will inform you in a timely manner. If you are a consumer, in the event of a transfer of the entire contract to another company, you have the right to terminate the contract without notice.
15.4. Force Majeure
Neither party is liable for the non-fulfillment or delayed fulfillment of its contractual obligations, insofar as these are based on circumstances that are outside its reasonable control and that could not be foreseen or prevented even with the utmost care (“Force Majeure”). This includes, but is not limited to, natural disasters, fire, flood, war, terrorism, riots, epidemics, pandemics, government orders, embargoes, significant disruptions to telecommunications networks or energy supply and labor disputes. The affected party will promptly inform the other party of the occurrence and expected duration of the force majeure event and will undertake all reasonable efforts to minimize the impact. The performance obligations are suspended for the duration of the force majeure event.
15.5. Contact
If you have questions about these Terms of Use or the Service, you can reach us using the contact details provided in number 1.1 a) or in the imprint on our website safina.ai/legal/imprint.