Terms of Use – Safina App
As of: January 23, 2026
Welcome to Safina AI! These Terms of Use govern your relationship with DK Tech Solutions UG (Registration Number: HRB 302584), located at 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 via email at info@safina.ai or via the contact details provided in the Legal Notice (Impressum) on our website.
1. Scope, Provider, and Definitions
1.1. Subject Matter and Scope
a) Safina AI provides a service in the form of an AI-driven mailbox and telephone switchboard (hereinafter "Service"), which assists both individuals and businesses in managing their telephone availability, taking calls, as well as analyzing and organizing them. 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 "User", "You") who use the Service of Safina AI, regardless of whether the use is free of charge (e.g., during a trial period) or paid within the framework of a subscription. They apply to both consumers and entrepreneurs.
c) For users of the "Enterprise" plan, individual agreements (e.g., separate enterprise contracts, data processing agreements) may apply additionally or alternatively. Such individual agreements shall take precedence over these Terms in the event of any contradictions.
d) Conflicting terms and conditions of the User or those that deviate from these Terms shall not apply unless we have expressly agreed to their validity in writing.
e) By registering for or using the Service, You agree to be bound by these Terms.
f) These Terms are provided in German and English. In the event of any discrepancies or questions of interpretation, the German version shall be solely prevailing. The currently valid version of these Terms can be viewed on our website and can be saved or printed there. We reserve the right to amend these Terms in accordance with Section 13.
1.2. Definitions
Within the framework of these Terms, the following terms shall have the meaning set forth below:
"Provider" refers to DK Tech Solutions UG pursuant to Section 1.1 a).
"Caller" means any natural or legal person attempting to reach the User via the phone 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 pursuant to Art. 28 GDPR concluded between the User (as Controller) and Safina AI (as Processor) if the User processes personal data via the Service in their capacity as an entrepreneur.
"Service" refers to the entirety of the services provided by Safina AI, in particular the AI-driven mailbox and telephone switchboard, including the App, the web interface, the underlying AI technologies, and all associated functions according to the selected plan.
"Content" refers to all data, text, audio files, information, or materials provided by Safina AI as part of the Service, with the exception of User Content.
"AI Assistant" refers to the artificial intelligence provided by Safina AI that takes calls, conducts dialogues, processes information, and generates reports.
"User" means any natural or legal person who registers for or uses the Service.
"User Content" refers to all data, information, text, audio files (e.g., voice recordings of calls), transcripts, summaries, analyses (e.g., sentiment evaluations), and configurations (e.g., call scripts, contact details) generated, uploaded, or provided by the User or by Callers within the scope 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. Details of the plans are described on the Safina AI website.
"Trial Period" refers to a limited period during which the User can test the Service or certain functions thereof free of charge or at reduced costs before a paid subscription begins.
"Entrepreneur" (Unternehmer) is a natural or legal person or a partnership with legal personality who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity (Section 14 BGB).
"Consumer" (Verbraucher) is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (Section 13 BGB).
2. Registration, User Account, Conclusion of Contract, Trial Period, and Right of Withdrawal
2.1. Prerequisites for Use
a) The use of the Service requires that You are a natural person who has reached the age of 18 and has full legal capacity, or a duly incorporated and represented legal entity or partnership.
b) If You use the Service on behalf of an organization, a company, or another legal entity, You confirm that You have the authority to bind such legal entity to these Terms. In this case, "User" or "You" refers to that legal entity.
2.2. Registration and User Account
a) In order to use the Service, You must register and create a User Account. Registration takes place via the App or our website.
b) You are obligated to provide truthful, current, and complete information during registration and to keep this data up to date throughout the entire term of the contract.
c) You are personally responsible for the security of Your User Account and Your access credentials (e.g., password). Keep Your access data confidential and protect it from access by third parties. You are responsible for all activities that occur via Your User Account, unless You are not responsible for the unauthorized use.
d) You are obligated to inform us immediately if You become aware of any unauthorized use of Your access data or any other security breach, or if You have a corresponding suspicion. Please contact us at info@safina.ai for this purpose.
2.3. Conclusion of Contract
a) The presentation of the Service on our website or in the App does not yet constitute a legally binding offer, but rather an invitation for You to submit an offer (invitatio ad offerendum).
b) By completing the registration process (e.g., by clicking a button such as "Register", "Create Account", or "Get Started") and providing explicit consent to these Terms of Use as well as our Privacy Policy, You submit a binding offer to enter into a user agreement for the Service.
c) We accept Your offer by sending a confirmation email or by activating Your User Account and providing the Service. Upon this acceptance, the user agreement between You and Safina AI is established.
2.4. Trial Period
a) We may, at our sole discretion, offer a free or discounted Trial Period for certain plans or features of the Service.
b) The duration, scope, and specific conditions of such a Trial Period (e.g., available features, minute limits) will be communicated to You prior to the start of the Trial Period (e.g., during the registration process, on the plan selection screen/paywall).
c) Unless otherwise stated, the Trial Period ends automatically upon expiry of the agreed duration. If You wish to use the Service beyond the Trial Period, You must select and conclude a paid plan. Otherwise, Your access to the tested functions will be restricted or blocked after the end of the Trial Period.
2.5. Right of Withdrawal for Consumers
a) If You use the Service as a Consumer (as defined in Section 1.2), You are entitled to a statutory right of withdrawal when concluding a paid plan via distance selling.
b) We will provide You with separate instructions regarding Your right of withdrawal, the conditions, deadlines, and the procedure for exercising the right of withdrawal, as well as the model withdrawal form. This withdrawal policy will be provided to You in text form prior to the conclusion of the paid contract (e.g., via email or as part of the ordering process) and is also available on our website at any time.
3. Scope of Services, Technical Requirements, and Limitations of the Service
3.1. Description of Services
a) Safina AI provides the User with an AI-driven service that functions as an intelligent mailbox or telephone switchboard. The Service enables incoming calls to be taken by an AI Assistant, conducts dialogues with callers, processes call information, and provides it to the User in a processed format (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 tonality, call scripts, 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 can be viewed on our website safina.ai and shall become an integral part of the contract.
c) We strive to continuously develop the Service. We therefore reserve the right to adapt, change, or expand functions and features of the Service, provided that this is reasonable for the User and the core scope of services of the booked plan is maintained. Material changes will be announced in accordance with Section 13.
d) Unless an on-premise solution is agreed upon within the framework of an Enterprise contract, the Service is hosted and operated on servers in Germany (currently AWS Frankfurt).
3.2. Technical Requirements
a) Use of the Service requires a compatible end device (e.g., smartphone with a current iOS or Android operating system for App use, computer with a current web browser for the web interface) as well as a stable internet connection.
b) A prerequisite for Safina AI to take calls is that the User sets up correct call forwarding from their telephone number to the number assigned to them by Safina AI. Responsibility for the setup, management, and any costs incurred for call forwarding lies exclusively with the User.
c) The User is responsible for ensuring that their hardware, software, and internet connection meet the technical requirements.
3.3. Limitations of the Service and AI
a) No Emergency Call Function: The Service is expressly not intended or suitable for placing emergency calls to the police (110), fire/rescue services (112), or other emergency services. This applies in particular to the "Call Transfer" function. Safina AI cannot transmit location data. The User is responsible for maintaining alternative telephony solutions for emergencies.
b) AI Limitations and Error Proneness: The Service utilizes artificial intelligence for functions such as speech recognition, transcription, translation, summarization, sentiment analysis, spam detection, and dialogue management. AI systems are complex and, despite careful development and training, may contain errors or deliver unexpected results. We therefore provide no guarantee for 100% error-free operation, accuracy, completeness, or appropriateness of the information and results generated or processed by the AI. This applies in particular, but is not limited to:
The correct recognition and transcription of spoken language.
The factual accuracy of summaries.
The reliability of sentiment analyses or urgency assessments.
The error-free detection of all spam or phishing attempts.
The consistently appropriate or expected dialogue management by the AI Assistant.
c) Exclusion for Highly Critical Processes, Authentication, and Sensitive Data: The Service is not designed for the transmission or processing of highly critical security data or for the authentication of persons (e.g., conducting banking transactions, releasing access data/PINs, transmitting critical health values). The User acknowledges that AI systems may "hallucinate" (i.e., plausibly assert false facts). The User is solely responsible for implementing suitable security mechanisms (e.g., human verification, 2-factor authentication) outside of Safina AI before transactions are triggered, contracts are concluded, or sensitive data is disclosed based on AI statements. Safina AI shall not be liable for damages resulting from the lack of such security mechanisms.
d) The User acknowledges that the results of AI processing (e.g., transcripts, summaries, analyses) always require critical review by the User before decisions are made or actions are taken based thereon. The responsibility for the use and interpretation of 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 the cases specified in Section 4.1 c), we do not guarantee uninterrupted or error-free availability of the Service. Access to the Service may be temporarily restricted or interrupted, in particular due to technical disruptions beyond our control (e.g., disruptions in telecommunications networks, power outages, hardware or software errors at third parties) or due to maintenance work.
b) For users of the "Personal" and "Professional" plans, no specific percentage of availability (Service Level Agreement - SLA) is guaranteed.
c) For users of the "Enterprise" plan, deviating regulations regarding availability, including guaranteed service levels (e.g., 99.5% average annual availability), may be established in a separate enterprise contract or a Service Level Agreement (SLA).
4.2. Maintenance
We are entitled to temporarily take the Service out of operation for maintenance and optimization purposes ("scheduled maintenance windows"). We will endeavor to announce scheduled maintenance work that leads to a significant impairment of the Service in advance with reasonable notice (e.g., via email or in-app notification) and to perform such work, where possible, during periods of low usage.
4.3. Support
a) We offer technical support for the Service. Inquiries can be submitted via 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 business days (Monday to Friday, excluding public holidays at the Provider's registered office) between 9:00 AM and 6:00 PM (CET/CEST). We endeavor to process inquiries promptly 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 contact persons or guaranteed response times, may be agreed upon within the framework of the separate enterprise contract.
5. Usage Rights, User Obligations, and Prohibited Activities
5.1. Rights of Use
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 user agreement in accordance with these Terms and the plan chosen by You. The right of use is limited to the contractually intended purpose.
b) If access to an Application Programming Interface (API) is granted within the framework of an Enterprise contract, the specific conditions of the API documentation and the Enterprise contract shall apply.
c) Any use exceeding the scope specified in these Terms or the chosen plan requires our prior written consent.
5.2. User Obligations
You are obligated to:
a) Lawful Use: Use the Service exclusively in compliance with these Terms and all applicable laws and regulations. This includes, in particular but is not limited to, compliance with data protection laws (GDPR, BDSG, TTDSG), telecommunications law (TKG), competition law, and copyright law.
b) Configuration and Setup: Ensure the correct setup and configuration of the Service, in particular the setup of call forwarding (see Section 3.2 b)), the management of notification settings, and the configuration of 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 informed in a clear and understandable manner about the use of an AI-based service for call acceptance and processing, as well as about any recording or storage of the conversation, in accordance with all applicable laws (in particular GDPR and TTDSG) prior to being forwarded to Safina AI and prior to the start of the interaction with the AI Assistant. Furthermore, You are solely responsible for obtaining all necessary consents from callers, insofar as these are required by law. This applies in particular if You use audio recording features or if personal data of the caller is to be processed by the AI Assistant. Further information can be found in our Privacy Policy.
d) Responsibility for Content: Bear sole responsibility for all User Content provided by You (e.g., contact details, content for call scripts, configurations) or generated by callers within the scope of using the Service. You must ensure that Your User Content is lawful and does not infringe upon the rights of third parties. You are also responsible for the results arising from the interaction of the AI Assistant with callers, particularly if these are based on specific instructions or configurations (e.g., prompts, call scripts) provided by You.
e) Duty of Care: Keep Your access credentials secure and take all necessary measures to prevent unauthorized use of Your account (see also Sections 2.2 c) and d)).
f) Accuracy of Data: Ensure that the information provided by You during registration and within the scope of use is accurate and up to date (see Section 2.2 b)).
g) Cost Control and Limits: Safina AI provides the User with technical features for cost limitation (e.g., monthly budgets, limits for call duration). The User is obligated to configure these limits according to their risk profile. The User shall be fully liable for fees incurred within the limits set by the User, even if these were caused by an unexpectedly long call duration of the AI, provided there is no technical failure of the limit function itself.
h) Special Obligations when using the Call Transfer function and Outbound Telephony:
If the User activates functions with which the AI forwards calls to external numbers or establishes outbound connections, the following extended obligations and liability rules apply:Prohibition of Cold Calling: The User is strictly prohibited from using the services, numbers, or AI Assistants provided by Safina AI for unsolicited advertising calls or harassing contact. The User guarantees that for every outbound communication or forwarding, explicit consent from the recipient is available or an ongoing business relationship exists. Safina AI reserves the right to immediately block accounts in the event of suspected misuse (e.g., reports to the Federal Network Agency/Bundesnetzagentur).
Liability for Costs and "Toll Fraud": The User bears all costs incurred by forwardings initiated via their account. This also applies to costs arising from abusive use by third parties (e.g., hacking of access data, prompt injection), provided the User is responsible for the security breach. The User is obligated to ensure their account security to prevent "Toll Fraud."
Geographic Restrictions (Geo-Blocking): Safina AI reserves the right to block forwardings to certain destination areas (especially high-risk countries or satellite prefixes) by default to prevent fraud. Unblocking will only occur after a separate review.
Legal Compliance of the Target Number: The User guarantees that they are authorized to forward calls to the stored target number. It is prohibited to set up forwardings to numbers listed on "Do-Not-Call" lists.
Data Protection during Transfer: The User ensures that they are authorized to transmit the data collected by the AI agent (e.g., transcripts, summaries) to the recipient as part of the forwarding (e.g., through corresponding Data Processing Agreements with external call centers).
Human Oversight (EU AI Act): If the forwarding serves the purpose of a "Human Handoff," the User acts as a "Deployer" within the meaning of the EU AI Act. It is the sole responsibility of the User to ensure that a qualified person is actually reachable at the target number to guarantee human oversight.
5.3. Prohibited Activities
You are prohibited from:
a) Using the Service for unlawful, fraudulent, harassing, discriminatory, defamatory, obscene, glorifying violence, or otherwise offensive or harmful purposes, or enabling such use.
b) Using the Service in a manner that infringes upon the rights of third parties, including but not limited to copyrights, trademark rights, patent rights, trade secrets, personal rights, or data protection rights.
c) Uploading, distributing, or transmitting harmful software (viruses, Trojans, worms, etc.) via the Service.
d) Misusing the Service for unsolicited commercial communication (spam), mass calls without the consent of the recipients, or for phishing purposes.
e) Attempting to disrupt, overload, impair, or bypass the integrity, security, or performance of the Service, the underlying systems, or networks.
f) Attempting to reverse engineer, decompile, disassemble, or otherwise attempt to 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) Bypassing security measures, access restrictions, or usage limitations of the Service.
5.4. Permitted 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 compliance with these Terms and all applicable laws.
6. Fees, Payment Terms, and Invoicing
6.1. Paid Plans, Additional Credits, and Fees
a) Subscriptions: The use of the "Personal", "Professional", and "Business" plans is based on a subscription model.
Conclusion of Contract: The subscription can be concluded either via our website or as an in-app purchase within the mobile app.
Included Volume: The inclusive minutes included in the subscription expire at the end of the respective billing month and are not transferable to the following month ("use-it-or-lose-it").
b) Usage-Based Additional Services (Flexible Model): Usage exceeding the inclusive volume contained in the subscription (e.g., further call minutes, SMS) will be charged separately. The type of billing depends on the availability in the respective plan and the configuration of the User Account. Safina AI reserves the right to offer the following billing models:
Option 1: Subsequent Billing ("Pay-as-you-go"): Additional services are billed ex-post (postpaid) – usually together with the next subscription invoice or upon reaching a defined cost threshold. No accumulation of credit takes place in this model.
Option 2: Prepayment ("Prepaid / Top-ups"): If Safina AI offers the purchase of credit packages, usage occurs by offsetting against the pre-paid credit.
Validity: Purchased prepaid credit is subject to the statutory limitation period (Section 195 BGB) and is valid for a maximum of three (3) years until the end of the calendar year, provided the user agreement does not end earlier.
Legal Nature: Credit represents a prepayment for technical services; it is non-refundable (except in cases of statutory withdrawal) and non-transferable.
Prices: The specific prices for additional minutes or credit packages result from the price list valid at the time of use or purchase in the App or on the website.
c) Payment Processing and Contracting Parties:
Web Purchase: If the subscription or a top-up is purchased via our website, processing occurs directly through Safina AI (via Stripe).
App Store Purchase: If the subscription is concluded via an app store (Apple/Google), the terms and conditions of the respective store operator apply exclusively to the payment processing of that subscription.
Note: Additional minute packages (top-ups) are generally processed directly via Safina AI (web shop), even if the basic subscription was made via an app store.
d) Negative Balance (Technical Overdraft): For technical reasons (e.g., latencies in real-time billing), actual usage may slightly exceed the available credit. The User acknowledges that such a negative balance constitutes a due claim of Safina AI, which we may offset against the next top-up or collect separately.
6.2. Payment Modalities and Processing
a) Payment of fees for the "Personal" and "Professional" plans is made in advance for the respective billing period (month or year).
b) We offer various payment methods shown during the ordering process. Payments are processed via external payment service providers:
Booking via our website: Processing is usually handled by Stripe (Stripe Payments Europe, Ltd.). You provide Your payment data directly to Stripe and authorize Stripe to debit the due fees. Stripe's terms of use and privacy policy apply.
Booking via the App (In-App Purchase): Processing is handled by the respective App Store provider (Apple App Store or Google Play Store), potentially involving services such as RevenueCat for subscription management. Payment is processed via Your Apple or Google account. The respective terms of use and payment terms of Apple or Google apply. Safina AI receives the payment from Apple or Google.
c) For Enterprise customers, payment modalities are governed by the Enterprise contract (e.g., payment by invoice).
d) You are obligated to ensure that the payment method provided by You is valid and has sufficient funds. 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 fees due (e.g., via email or for download in Your User Account).
b) For entrepreneurs based in Germany, German VAT 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 provided. 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 handled directly by Apple or Google according to their terms. You will receive the invoice from these providers.
6.4. Due Date and Default
a) Subscription fees are due at the beginning of the respective billing period. Usage-based fees (e.g., for Enterprise) are billed and due in accordance with the individual agreement.
b) If You fall into default with Your payment obligations, we are entitled, after prior reminder and setting a reasonable grace period, to temporarily block or restrict Your access to the Service. Further statutory rights, in particular the assertion of default interest at the statutory rate and the right to extraordinary termination for good cause (see Section 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 total costs (e.g., for technical infrastructure, personnel, license fees) or functional expansions.
b) We will announce price increases for existing subscriptions to You in text form (e.g., via email) at least 30 days before they take effect. In the announcement, we will inform You of Your right to object to the increased price or to terminate Your contract in due time at the point the price increase takes effect. If You do not object within the period specified in the announcement, the price increase shall be deemed approved. We will specifically point this out to You in the announcement.
6.6. Refunds
a) As a rule, no refund is provided for fees already paid for billing periods that have started or have not been fully used, unless required by law or expressly stated otherwise in these Terms.
b) Your statutory right of withdrawal as a consumer (see Section 2.5) remains unaffected. In the event of an effective withdrawal, we will refund the payments made in accordance with statutory provisions.
c) A refund may also be issued if we are permanently unable to provide the service or if termination occurs for a good cause for which we are responsible.
7. Data Protection, Data Processing, and Data Processing Agreement (DPA)
7.1. Data Protection Principles
a) The protection of Your personal data and the data of Your Callers is our highest priority. We process personal data exclusively in compliance with applicable data protection laws, in particular the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and the Telecommunications-Telemedia Data Protection Act (TTDSG).
b) Detailed information regarding which personal data we collect and process during the provision and use of the Service, the purposes for which this occurs, the legal basis for processing, the duration of storage, to whom the data may be shared, and Your rights as a data subject can be found in our separate Privacy Policy. This policy is available at any time on our website at safina.ai/legal/privacy-policy and will also be brought to Your attention during the registration process. The Privacy Policy is an integral part of these Terms.
7.2. Data Processing within the Service
a) To provide the Service, we necessarily process various data, which may include:
Your registration and contact details (name, email, company if applicable, address).
Your configuration data (settings for the AI Assistant, call scripts, contacts).
Call data (phone 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), provided You activate such an integration.
b) No AI Training with Your Data: We clarify that Your User Content, particularly audio recordings and transcripts of telephone conversations, are not used by us to train our own or third-party AI models.
c) Hosting: Unless an on-premise solution is agreed upon within the framework of an Enterprise contract, the storage and processing of Your data take place exclusively on servers within Germany (currently at Amazon Web Services in Frankfurt am Main).
d) Disclosure to Service Providers: For the technical provision of the Service, we utilize carefully selected technical service providers (sub-processors), e.g., for hosting, telephony connectivity, payment processing, or the provision of specific AI functions (e.g., transcription, voice analysis). Your data will only be shared with these service providers to the extent necessary for the fulfillment of the contract and within the framework of data processing agreements pursuant to Art. 28 GDPR. Your data will not be shared for third-party advertising purposes. Details regarding the service providers used can be found in our Privacy Policy.
7.3. Data Processing Agreement (DPA) for Entrepreneurs
a) If You use the Service as an Entrepreneur (as defined in Section 1.2) and have personal data (in particular data of Your Callers) processed by Safina AI within the scope of this use, You act as the Controller within the meaning of Art. 4 No. 7 GDPR and Safina AI acts as the Processor within the meaning of Art. 4 No. 8 GDPR.
b) In this case, the conclusion of a Data Processing Agreement (DPA) pursuant to Art. 28 GDPR between You and us is mandatory to ensure data-compliant processing.
c) We provide You with our standard DPA. You can obtain this by requesting it at info@safina.ai.
d) The conclusion of the DPA is a prerequisite for the lawful use of the Service by Entrepreneurs for the processing of personal data. You are responsible for entering into the DPA with us in a timely manner prior to the start of processing personal data via the Service.
8. Intellectual Property, Rights to User Content, and Feedback
8.1. Rights of Safina AI
a) The Service, the App, the underlying software, databases, the "Safina AI" trademark, logos, designs, and all content provided by us (with the exception of User Content) are protected by copyright and/or other intellectual property laws and are the exclusive property of Safina AI or our licensors.
b) You are only granted the usage rights described in Section 5.1. No further rights are transferred. In particular, You are not permitted to reproduce, distribute, make publicly available, edit, or otherwise exploit the Service or parts thereof beyond the granted right of use.
8.2. Rights to User Content
a) All rights to User Content (as defined in Section 1.2, e.g., audio recordings, transcripts, summaries, analyses, configurations) shall, in principle, remain with You or the respective rights holder (e.g., the Caller regarding their voice contributions, where applicable).
b) However, You grant Safina AI a simple, non-exclusive, worldwide, royalty-free right, valid for the duration of the user agreement, to store, reproduce, process, analyze, and display Your User Content solely to the extent necessary for the provision, maintenance, security, and technical optimization of the contractually agreed Service in accordance with Your chosen plan.
c) No AI Training: This right of use pursuant to Section 8.2 b) expressly does not include the right to use Your User Content (in particular audio recordings or transcripts) for the training of AI models (neither by Safina AI nor by third parties).
8.3. Anonymized Usage Data
Notwithstanding the regulations regarding User Content, we are entitled to collect anonymized and aggregated data about the use of the Service (e.g., number of calls, features used, technical performance data) and to use this for statistical analysis, improvement of system performance, troubleshooting, and optimization of the underlying technologies. This data does not allow any conclusions to be drawn about individual Users or Callers.
8.4. Feedback
If You voluntarily submit feedback, ideas, suggestions, or proposals for improvement regarding the Service (e.g., via the feature forum, email, or support inquiry), You grant us a perpetual, irrevocable, worldwide, royalty-free, and unrestricted right to use, exploit, modify, and publish this feedback for any purpose (including product development, marketing, etc.) without requiring compensation or attribution to You.
8.5. Reporting of Rights Infringements
Should You believe that content within the scope of the Service infringes Your rights (e.g., copyrights, personal rights), please notify us accordingly at info@safina.ai, providing sufficient information to review the matter. We will investigate reported infringements and, if necessary, take appropriate measures.
9. Third-Party Services and Integrations
9.1. Use of Third-Party Providers by Safina AI
a) For the provision and optimization of the Service, Safina AI utilizes various services and technologies from third-party providers. This includes, for example, services in the areas of hosting (e.g., AWS), payment processing (e.g., Stripe, RevenueCat), telephony connectivity (e.g., Twilio), provision of AI functions (e.g., speech recognition, transcription, voice generation by providers such as OpenAI, Google, Deepgram, Elevenlabs, Cartesia), analytical tools (e.g., Posthog), and communication services (e.g., Brevo).
b) A detailed overview of the essential third-party providers and sub-processors we use, as well as information on data processing by them, can be found in our Privacy Policy at safina.ai/legal/privacy-policy.
9.2. User-Activated Integrations
a) The Service may offer You the possibility to connect Your Safina AI account with third-party services that are not provided by Safina AI (e.g., CRM systems such as Pipedrive or Salesforce, calendar services such as Google Calendar or iOS Calendar; hereinafter "Third-Party Integrations").
b) The activation and use of such Third-Party Integrations occur at Your own initiative and responsibility. When You activate a Third-Party Integration, You authorize Safina AI to access certain data of Your account with the third-party provider and/or to transfer data from Your Safina AI account to that third-party provider, insofar as this is necessary for the function of the integration. The scope of the data exchange will be displayed to You during the setup of the integration.
c) The terms of use and privacy policies of the respective third-party provider apply exclusively to the use of the services of the third-party provider within the framework of a Third-Party Integration. You are responsible for reviewing and complying with these terms.
9.3. Disclaimer for Third-Party Services and Integrations
a) Safina AI is not responsible for the content, availability, functionality, security, or data protection practices of third-party providers or their services, including Third-Party Integrations activated by the User.
b) We assume no warranty or liability for the acts, omissions, or performance of third-party providers 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 a Third-Party Integration must be directed directly to the respective third-party provider.
10. Indemnification
a) You agree to indemnify, defend, and hold harmless Safina AI, as well as our legal representatives, employees, and vicarious agents, from and against any and all claims, demands, actions, damages, losses, costs, and expenses (including reasonable attorney and court fees) asserted against us by third parties (including Callers or regulatory authorities) arising from Your culpable breach of these Terms of Use.
b) This indemnification obligation includes, but is not limited to, claims arising from:
A breach of Your obligations pursuant to Section 5.2, in particular the duty to ensure lawful use and to obtain required information and consent from Callers (Section 5.2 c)).
An infringement of third-party rights (e.g., copyrights, personal rights, data protection rights) by Your User Content or Your use of the Service.
Non-compliance with applicable laws or regulations by You in connection with the use of the Service.
Any prohibited activity performed by You pursuant to Section 5.3.
c) In the event of a claim by a third party, You are obligated to immediately provide us with all information necessary for the review of the claims and for the defense. You will support us in a reasonable manner in defending against such claims. We reserve the right to assume the exclusive defense against such claims, whereby You remain obligated to bear the associated reasonable costs.
11. Term and Termination
11.1. Term and Renewal
a) The user agreement is concluded for an indefinite period.
b) For paid plans ("Personal", "Professional"), the User selects an initial minimum term (e.g., monthly or annually) upon conclusion of the contract. After the expiry of the minimum term, the subscription automatically renews for the same period (e.g., another month or another year) unless it is terminated in due time by one of the parties in accordance with the following provisions.
c) For the "Enterprise" plan, the terms and renewal regulations agreed upon in the separate enterprise contract shall apply.
d) The duration of a Trial Period is governed by Section 2.4. It ends automatically if no paid plan is concluded.
11.2. Termination by the User
a) You may terminate the user agreement 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 may be terminated with a notice period of fourteen (14) days to the end of the respective minimum term or the end of the respective renewal period.
c) Termination can be conveniently carried out via the settings in Your User Account (in the App or web interface). Alternatively, termination is also possible in text form (e.g., via email to info@safina.ai).
d) For the termination of an "Enterprise" plan, the periods and forms agreed upon in the separate enterprise contract shall apply.
11.3. Termination by Safina AI
a) We may terminate the user agreement for free services or Trial Periods at any time with a notice period of 14 days.
b) We may terminate paid subscriptions ordinarily with a notice period of thirty (30) days to the end of the respective minimum term or the end of the respective renewal period.
c) The right of both parties to extraordinary termination for good cause remains unaffected. For us, a good cause exists in particular if:
You seriously or repeatedly breach material obligations under these Terms of Use (in particular the obligations under Section 5.2 or the prohibitions under Section 5.3).
You are in default with the payment of due fees despite a reminder and the setting of a reasonable grace period (see Section 6.4 b)).
You become insolvent, or insolvency proceedings are opened against Your assets, or the opening of such proceedings is refused for lack of assets.
The fulfillment of the contract becomes impossible or unreasonable for us due to technical or legal reasons.
11.4. Consequences of Termination
a) Upon the termination becoming effective, 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 expiry of a reasonable period following the end of the contract (usually 30 days, provided no statutory retention obligations exist). Details regarding data deletion can be found in our Privacy Policy.
c) You are personally responsible for securing and exporting Your User Content (e.g., transcripts, reports, audio recordings) in a timely manner before the end of the contract if You continue to require them. We are not obligated to store or release data for You beyond the end of the contract, unless required by law.
d) Fees already paid for the period after the termination takes effect will not be refunded, unless the termination occurred for a good cause for which we are responsible or a claim exists due to an effective withdrawal (see Section 6.6).
12. Amendments to the Terms of Use and the Service
12.1. Amendments to the Terms of Use
a) We reserve the right to amend these Terms of Use at any time, in particular to adapt them to changed legal or technical framework conditions, new functions, or further developments of the Service.
b) We will inform You of planned amendments to these Terms in text form (e.g., via email or via a notification in the App/User Account) no later than thirty (30) days before the planned effective date. The notification will contain the planned amendments and the effective date.
c) Unless the amendments are exclusively to Your benefit, of a purely editorial nature, or serve to adapt to mandatory legal requirements, the following shall apply: You have the right to object to the announced amendments. Your objection must reach us in text form (e.g., via email) within thirty (30) days after receipt of the notification of amendment.
d) If You do not object to the amendments in a timely manner, the amended Terms of Use shall be deemed accepted by You as of the announced effective date. We will expressly point out this consequence (deemed consent) as well as Your right to object and the deadline for doing so in the notification of amendment.
e) If You object to the amendments in a timely manner, the contract will continue under the previous conditions. In this case, however, we reserve the right to terminate the user agreement ordinarily in accordance with Section 11.3 b) at the earliest possible date.
f) Amendments required due to mandatory legal requirements shall become effective immediately and do not require consent or the possibility of objection; however, we will inform You about such amendments.
12.2. Changes to the Service
a) We are entitled to continuously develop the Service and to change, adapt, expand, or partially discontinue functions or components of the Service in order to improve the Service, adapt it to technical developments, or react to market changes.
b) In the case of free services or functions, we are entitled at any time, at our sole discretion, to change, discontinue, or offer them only for a fee in the future.
c) In the event of material changes to paid services that affect the core of the agreed scope of services and have a disadvantageous effect on You (e.g., the discontinuation of a central function of the booked plan without replacement), we will inform You of this in text form with a reasonable notice period, usually at least 30 days in advance. 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 make no warranty that the Service and its content are suitable or available for use in locations outside the European Union (EU) or the European Economic Area (EEA), or that they 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 on Your own initiative and are solely responsible for compliance 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 the transmission of data to and from Safina AI, does not violate export controls or sanction 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 shall be governed exclusively by the laws 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 Your habitual residence in another country of the European Union at the time of the conclusion of the contract, the mandatory consumer protection regulations of that country shall remain unaffected by the choice of law.
14.2. Jurisdiction
a) The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be the registered office of Safina AI (Munich), provided You are an entrepreneur within the meaning of Section 14 BGB, a legal entity under public law, or a special fund under public law.
b) The same applies if You do not have a general place of jurisdiction in Germany or if Your place of residence or habitual residence is unknown at the time the action is brought.
c) For Consumers, the statutory places of jurisdiction shall apply.
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 dispute resolution proceedings before a consumer arbitration board in accordance with the German Consumer Dispute Resolution Act (VSBG).
15. Final Provisions
15.1. Entire Agreement
a) These Terms of Use, together with the Privacy Policy (safina.ai/legal/privacy-policy) and, if applicable, the Data Processing Agreement (DPA) and any individual enterprise agreements, constitute the entire agreement between You and Safina AI regarding the use of the Service.
b) There are no oral collateral agreements. Previous agreements or arrangements regarding the subject matter of the contract are replaced by these Terms.
15.2. Severability Clause
Should individual provisions of these Terms of Use be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, a valid and enforceable provision shall be deemed agreed upon which comes closest to the meaning and purpose as well as the economic result of the invalid 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 user agreement to third parties with our prior written consent. Section 354a HGB (German Commercial Code) remains unaffected.
b) We are entitled to transfer this contract, including all rights and obligations, in whole or in part to an affiliated company within the meaning of Sections 15 et seq. AktG (German Stock Corporation Act) or to a legal successor within the framework of a business transfer (e.g., sale, merger). In the event of such a transfer, we will inform You in a timely manner. If You are a Consumer, You have the right to terminate the contract without notice in the event of a transfer of the entire contract to another company.
15.4. Force Majeure
Neither party shall be liable for the non-fulfillment or delayed fulfillment of its contractual obligations insofar as this is based on circumstances beyond its reasonable control which could not have been foreseen or prevented even with the exercise of extreme care ("Force Majeure"). This includes, in particular but not limited to, natural disasters, fire, floods, war, terrorism, riots, epidemics, pandemics, government orders, embargos, significant disruptions of telecommunications networks or power supply, as well as labor disputes. The affected party will immediately inform the other party of the occurrence and the expected duration of the Force Majeure event and will use all reasonable efforts to minimize the impact. Performance obligations shall be suspended for the duration of the Force Majeure event.
15.5. Contact
For questions regarding these Terms of Use or the Service, You can reach us via the contact details mentioned in Section 1.1 a) or in the Legal Notice (Impressum) on our website at safina.ai/legal/imprint.