Terms of Use for Safina AI
As of: April 20, 2025
Welcome to Safina AI! These Terms of Use govern your relationship with DK Tech Solutions UG (Registration Number: HRB 302584) 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 via the contact details 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-driven mailbox and telephone exchange (hereinafter "Service"), which assists both private individuals and companies in managing their telephone accessibility, receiving, analyzing, and organizing calls. The Service is provided through 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 phase) or for a fee within 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 in addition to or in deviation from these Terms. Such individual agreements take precedence over these Terms in case of contradictions.
d) Conflicting or deviating business conditions of the User shall not apply unless we have expressly agreed to their validity in writing.
e) By registering for the Service or using the Service, you agree to these Terms.
f) These Terms are available in both German and English. In case of discrepancies or interpretation issues, solely the German version shall be authoritative. The current version of these Terms is available on our website and can be stored 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 have the following meanings:
"Provider" is DK Tech Solutions UG pursuant to section 1.1 a).
"Caller" is any natural or legal person attempting to reach the User via their phone number forwarded to Safina AI.
"App" refers to Safina AI's mobile software application for iOS and Android, through which the Service can be used and managed.
"AVV" (Data Processing Agreement) refers to the agreement pursuant to Art. 28 GDPR, which is concluded between the User (as Controller) and Safina AI (as Processor) when the User processes personal data through the Service as an entrepreneur.
"Service" refers to the entirety of the services provided by Safina AI, specifically the AI-driven mailbox and telephone exchange, 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 as part of the Service, excluding User Content.
"AI Assistant" refers to the artificial intelligence provided by Safina AI that receives calls, conducts dialogues, processes information, and generates reports.
"User" is any natural or legal person who registers for or uses the Service.
"User Content" includes all data, information, texts, audio files (e.g., voice recordings of calls), transcripts, summaries, analyses (e.g., sentiment ratings), and configurations (e.g., call scripts, contact details) generated, uploaded, or provided by the User or by Callers in the course 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 functionality, performance limits (e.g., call minutes), and costs. Details of the Plans are described on the Safina AI website.
"Trial Phase" refers to a limited period in which the User can test the Service or certain 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 performance of a 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 are predominantly neither attributable to his commercial nor to his self-employed professional activity (§ 13 BGB).
2. Registration, User Account, Conclusion of Contract, Trial Phase, 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 capable of contracting, or a properly established 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 are authorized to bind that legal person to these Terms. In this case, "User" or "You" refers to that legal person.
2.2. Registration and User Account
a) To use the Service, you must register and create a User Account. Registration occurs via the App or our website.
b) You are required to provide truthful, current, and complete information at the time of 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 against unauthorized access by third parties. You are responsible for all activities that occur via your User Account unless you are not responsible for the misuse.
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 have a corresponding suspicion. Please contact us at info@safina.ai.
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 on a button like "Register", "Create Account", or "Get Started") and explicitly agreeing to these Terms of Use as well as our Privacy Policy, you submit a binding offer to conclude a user contract for the Service.
c) We accept your offer through a confirmation email or by activating your User Account and providing the Service. With this acceptance, the user contract between you and Safina AI is concluded.
2.4. Trial Phase
a) We may offer a free or discounted trial phase for certain Plans or features of the Service at our discretion.
b) The duration, extent, and specific terms of such a trial phase (e.g., available features, minute limits) will be communicated to you before the trial phase begins (e.g., in the registration process, on the plan selection/paywall screen).
c) Unless otherwise specified, the trial phase automatically ends after the agreed duration. If you wish to continue using the Service beyond the trial phase, you must select and conclude a paid plan. Otherwise, your access to the tested functions will be restricted or blocked after the trial phase ends.
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 legal right of withdrawal when concluding a paid plan in distance selling.
b) We will separately inform you about your right of withdrawal, the conditions, deadlines, and procedure for exercising the right of withdrawal, as well as the standard withdrawal form. This withdrawal information will be provided to you in text form before the conclusion of the paid contract (e.g., via email or as part of the order process) and is also available on our website at any time.
3. Scope of Services, Technical Requirements, and Limits of the Service
3.1. Service Description
a) Safina AI provides the User with an AI-driven service that acts as an intelligent mailbox or telephone exchange. The Service allows incoming calls to be received by an AI Assistant, dialogues to be conducted with Callers, call information to be processed, and 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 functionality, performance limits (e.g., included call minutes per month, number of AI assistants), as well as specific features (e.g., spam protection, customization of voice and tone, call 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 for the individual Plans is available on our website safina.ai and will be part of the contract.
c) We strive to continually develop the Service. Therefore, we 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 service 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 in the context 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 the web interface) as well as a stable internet connection.
b) A precondition for Safina AI to receive calls is that the User sets up a correct call forwarding from their phone number to the number assigned to them by Safina AI. The User is solely responsible for the setup, management, and any costs incurred for call forwarding.
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 expressly not intended or suitable for placing emergency calls to the police (110), fire service/ambulance (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 can contain errors or produce unexpected results despite careful development and training. We therefore do not guarantee 100% 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 substantive accuracy of summaries.
The reliability of sentiment analyses or urgency assessments.
The flawless detection 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 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, we do not guarantee uninterrupted or trouble-free availability of the Service, except in the cases according to section 4.1 c). Access to the Service may be temporarily restricted or interrupted, especially due to technical malfunctions beyond our control (e.g., telecommunications network disruptions, power outages, hardware or software failures at 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 established in a separate Enterprise contract or Service Level Agreement (SLA).
4.2. Maintenance
We are entitled to temporarily take the Service out of operation for maintenance and optimization purposes ("planned maintenance windows"). We will strive to announce planned maintenance work that significantly impairs the Service in advance with reasonable notice (e.g., via email or in-app notifications) and to carry it out during periods 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 usually 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 to address inquiries in a timely manner but do not guarantee specific response times for Users of the “Personal” and “Professional” Plans.
c) For Users of the “Enterprise” Plan, enhanced support services, such as dedicated contact persons or guaranteed response times, can be agreed upon within the framework of 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 user contract according to these Terms and the plan you selected. The usage right is limited to the contractual purpose.
b) If access to an API is granted under an Enterprise contract, the specific terms of the API documentation and the Enterprise contract apply.
c) Any use that exceeds the scope defined in these Terms or the chosen Plan requires our prior written consent.
5.2. User Obligations
You are obligated to:
a) Legal Use: Use the Service solely in accordance with these Terms and all applicable laws and regulations. This 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 proper setup and configuration of the Service, particularly the setup of call forwarding (see section 3.2 b)), management of notification settings, and 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 clearly and understandably informed in accordance with all applicable laws (particularly GDPR and TTDSG) about the use of an AI-based service for call reception and processing prior to being forwarded to Safina AI and before the interaction with the AI Assistant begins, as well as about any recording or storage of the conversation. You are also solely responsible for obtaining all necessary consents from the callers as required by law. This applies particularly when you use audio recording features or when the AI Assistant is to process personal data of the caller. More information can be found in our Privacy Policy.
d) Liability for Content: Take sole responsibility for all User Content you provide (e.g., contact data, content for call scripts, configurations) or that is generated by callers in the course of using the Service. You must ensure that your User Content is lawful and does not infringe the rights of third parties. You are also responsible for the results generated from the AI Assistant's interaction with callers, especially if these are based on specific instructions or configurations (e.g., prompts, call scripts) provided by you.
e) Due Diligence Obligations: Safeguard your access data and take all necessary measures to prevent unauthorized use of your account (see also section 2.2 c) and d)).
f) Data Accuracy: Ensure that the information you provided during registration and while using the Service is accurate and up to date (see section 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 copyrights, trademark rights, patent rights, trade secrets, personal rights, or data protection rights.
c) Uploading, distributing, or transmitting harmful software (viruses, Trojans, worms, etc.) through the Service.
d) Misusing the Service for unsolicited commercial communication (spam), mass calls without the consent of 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 the software or technology behind the Service, or otherwise attempt to derive the source code, unless explicitly permitted by mandatory law.
g) Copying, modifying, renting, leasing, selling, distributing, or creating derived works from the Service or parts thereof, unless expressly permitted.
h) Bypassing security measures, access restrictions, or usage restrictions of the Service.
5.4. Permitted Usage and Industries
The use of the Service is permitted for all legally permissible business purposes and industries as long as the use complies with these Terms and all applicable laws.
6. Paid Plans and Fees
6.1. Paid Plans and Fees
a) The use of the Service for the “Personal” and “Professional” Plans is subject to fees and based on a subscription model with recurring charges. 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 subject to fees. Billing usually occurs based on individual agreements, which may provide for a base fee and/or usage-dependent billing (e.g., per call minute). Details will be specified in the separate Enterprise contract.
c) All prices indicated for consumers include the applicable sales tax. Prices for entrepreneurs are usually quoted as net prices plus the applicable sales tax.
d) The use of the Service during a trial phase according to section 2.4 is free of charge unless otherwise stated.
6.2. Payment Methods and Processing
a) The 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 that will be displayed in the order process. Payment processing is done through external payment service providers:
When booking through our website: Processing is usually carried out via Stripe (Stripe Payments Europe, Ltd.). You provide your payment data directly to Stripe and authorize Stripe to debit the due fees. The terms of use and data protection regulations of Stripe apply.
When booking through the App (In-App Purchase): Processing is done through the respective app store provider (Apple App Store or Google Play Store), possibly with the involvement of services like RevenueCat for subscription management. Payment is processed through your Apple or Google account. The respective terms of use and payment policies of Apple or Google apply. Safina AI receives the payment from Apple or Google.
c) For enterprise customers, payment terms are regulated in the Enterprise contract (e.g., payment on invoice).
d) You are responsible for ensuring that the payment method you provide is valid and has sufficient coverage. You are responsible for updating your payment information.
6.3. Invoicing
a) When booking through our website, you will receive an electronic invoice for the due fees (e.g., via email or for download in your User Account).
b) For entrepreneurs based in Germany, the German sales tax will be shown on the invoice. For entrepreneurs based in another EU member state, if a valid VAT identification number is provided, the reverse charge procedure may apply. 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 in accordance with their conditions. You will receive the invoice from these providers.
6.4. Due Date and Payment Default
a) Subscription fees are due at the beginning of the respective billing period. Usage-dependent fees (e.g., for Enterprise) will be billed and due according to the individual agreement.
b) If you default on your payment obligations, we are entitled to temporarily suspend or restrict your access to the Service after prior reminder and setting a reasonable deadline. Further legal rights, in particular the assertion of default interest at the legal 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 paid plans to reflect increased overall costs (e.g., for technical infrastructure, personnel, licensing fees) or feature expansions.
b) We will inform you of price increases for existing subscriptions at least 30 days before they take effect in text form (e.g., via email). In the announcement, we will point out your right to object to 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 will be considered approved. We will inform you of this consequence (approval fiction) in the announcement.
6.6. Refunds
a) As a rule, no refunds will be made for already paid fees for started or not fully utilized billing periods, unless legally mandated or otherwise expressly regulated in these Terms.
b) Your legal right of withdrawal as a consumer (see section 2.5) remains unaffected. In the case of a valid withdrawal, we will refund any payments made according to legal provisions.
c) A refund may also occur if we are permanently unable to provide the performance or if termination occurs for a significant reason attributable to us.
7. Data Protection, Data Processing, and Order Processing (AVV)
7.1. Data Protection Principles
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 this happens, on what legal bases the processing is based, how long the data is stored, to whom they may be forwarded, and what rights you have as a data subject can be found in our separate Privacy Policy. This is accessible at any time on our website safina.ai/legal/privacy-policy and is also brought to your attention 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 details (name, email, possibly company, 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), if you activate such integration.
b) No AI Training with Your Data: We clarify that your User Content, particularly audio recordings and transcripts of telephone conversations, will not be used by us to train our own or third-party AI models.
c) Hosting: Unless an on-premise solution is agreed in the context of an Enterprise contract, the storage and processing of your data takes place exclusively on servers within Germany (currently at Amazon Web Services in Frankfurt am Main).
d) Transfer to Service Providers: To technically provide the Service, we use carefully selected technical service providers (sub-processors), e.g., for hosting, telephone connection, payment processing, or the provision of specific AI functions (e.g., transcription, speech analysis). Transfer of your data to these service providers occurs only to the extent necessary for the fulfillment of the contract and within the framework of data processing agreements according to Art. 28 GDPR. There will be no transfer of your data for advertising purposes to third parties. Details about the service providers used can be found in our Privacy Policy.
7.3. Order Processing (AVV) for Entrepreneurs
a) If you use the Service as an Entrepreneur (as defined in section 1.2) and have Safina AI process personal data (especially the data of your callers) in the course 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 (AVV) according to Art. 28 GDPR between you and us is absolutely necessary to ensure data protection-compliant processing.
c) We provide you with our standard AVV. You can obtain it by request at info@safina.ai.
d) The conclusion of the AVV is a prerequisite for the lawful use of the Service by Entrepreneurs for processing personal data. You are responsible for concluding the AVV 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, databases, the brand "Safina AI", logos, designs, and all content provided by us (except User Content) are protected by copyright and/or other laws for the protection of intellectual property and are exclusively owned by Safina AI or our licensors.
b) You are granted only the usage rights described in section 5.1. Further rights are not transferred. In particular, you are not permitted to reproduce, distribute, publicly make available, modify, or otherwise exploit the Service or parts thereof beyond the granted usage right.
8.2. Rights to User Content
a) All rights to the User Content (as defined in section 1.2, e.g., audio recordings, transcripts, summaries, analyses, configurations) remain with you or the respective rights holder (e.g., the caller for their voice contributions, if applicable).
b) However, you grant Safina AI a simple, non-exclusive, worldwide, royalty-free, and valid right for the duration of the user contract to store, reproduce, process, analyze, and display your User Content, exclusively as far as necessary for the provision, maintenance, security, and technical optimization of the contractually agreed service according to the plan you selected.
c) No AI Training: This usage right according to section 8.2 b) explicitly does not include the right to use your User Content (especially audio recordings or transcripts) for training AI models (neither of Safina AI nor third parties).
8.3. Anonymized Usage Data
Notwithstanding the provisions regarding User Content, we are entitled to collect anonymized and aggregated data about the use of the Service (e.g., number of calls, utilized features, technical performance data) and use it for statistical analyses, improving system performance, troubleshooting, and optimizing 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 improvements regarding the Service (e.g., via the feature forum, via email, or support request), you grant us an unrestricted, irrevocable, worldwide, royalty-free, and unrestricted right to use, exploit, modify, and publish this feedback for any purposes (including product development, marketing, etc.) without any compensation or acknowledgment of your person being required.
8.5. Reporting Rights Violations
If you believe that content within the Service violates your rights (e.g., copyrights, personal rights), please notify us at info@safina.ai with sufficient information for us to examine the matter. We will investigate reported rights violations and take appropriate measures if necessary.
9. Third-Party Services and Integrations
9.1. Use of Third Parties by Safina AI
a) To provide and optimize the Service, Safina AI employs various services and technologies from third parties. This includes, for example, services in the areas of hosting (e.g., AWS), payment processing (e.g., Stripe, RevenueCat), telephone connections (e.g., Twilio), provision of AI functions (e.g., speech recognition, transcription, speech generation by providers such as OpenAI, Google Gemini, Deepgram, Elevenlabs, Cartesia), analysis tools (e.g., Posthog), and communication services (e.g., Brevo).
b) A detailed overview of the essential third-party providers and sub-processors used by us and information about 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 option 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 "Third Integrations").
b) The activation and use of such Third Integrations is done at your own initiative and responsibility. When you activate a Third Integration, you authorize Safina AI to access certain data from your account with the third party and/or to transfer data from your Safina AI account to this third party as far as necessary for the function of the integration. The scope of data exchange will be displayed to you during the setup of the integration.
c) For the use of third-party services within 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 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 the Third Integrations activated by the User.
b) We make no warranties or liabilities for actions, omissions, or services of third parties or for damages arising from the use of or reliance on third-party services or integrations. Any claims related to a third-party service or 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 any claims, demands, lawsuits, damages, losses, costs, and expenses (including reasonable attorney's and court fees) asserted by third parties (including callers or regulatory authorities) against us and arising as a result of your culpable breach of these Terms of Use.
b) This indemnification obligation includes in particular, but is not limited to, claims arising from the following reasons:
A breach of your obligations under section 5.2, especially the duty for lawful use and to obtain necessary information and consents from callers (section 5.2 c)).
A violation of third-party rights (e.g., copyrights, personal rights, data protection rights) due to 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.
A prohibited action undertaken by you according to section 5.3.
c) In the event of a claim by third parties, you are obligated to provide us with all information necessary for verifying the claims and defending against them without delay. You will reasonably support us in defending against such claims. We reserve the right to take over the defense against such claims ourselves, and you will remain liable for any reasonable costs incurred.
11. Contract Duration and Termination
11.1. Duration and Renewal
a) The user contract is concluded for an indefinite period.
b) For paid plans ("Personal", "Professional"), the User selects an initial minimum duration when concluding the contract (e.g., monthly or yearly). After the expiry of the minimum duration, the subscription is automatically renewed for the same period (e.g., another month or another year), unless it is terminated by either party in accordance with the following provisions.
c) The terms of the "Enterprise" Plan are governed by the separate Enterprise contract.
d) The duration of a trial phase is governed by section 2.4. It ends automatically if no paid plan is concluded.
11.2. Termination by the User
a) You can terminate the user contract for a free user account (if offered) or a trial phase 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 at the end of the respective minimum duration or at the end of the respective renewal period.
c) Termination can conveniently be made through 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 termination periods and forms agreed in the separate Enterprise contract apply.
11.3. Termination by Safina AI
a) We can terminate the user contract for free services or trial phases at any time with a notice period of 14 days.
b) Paid subscriptions can be terminated regularly with a notice period of thirty (30) days at the end of the respective minimum duration or at the end of the respective renewal period.
c) The right of both parties to extraordinary termination for good cause remains unaffected. A significant reason exists for us particularly if:
You seriously or repeatedly violate essential obligations under these Terms of Use (especially the obligations under section 5.2 or the prohibitions under section 5.3).
You are in default of payment of due fees despite reminder and reasonable deadline (see section 6.4 b)).
You become insolvent or insolvency proceedings are opened against your assets or the opening is rejected due to lack of assets.
The fulfillment of the contract becomes impossible or unreasonable for us for technical or legal reasons.
11.4. Effects of Termination
a) Upon the effective termination, your right to use the Service will end, and your access to the User Account will be deactivated.
b) We are entitled to delete your User Content stored as part of the Service after a reasonable period following the termination of the contract (usually 30 days unless there are legal storage obligations). Details regarding data deletion can also be found in our Privacy Policy.
c) You are responsible for securing and exporting your User Content (e.g., transcripts, reports, audio recordings) in a timely manner before the termination of the contract if you still require these. We are not obligated to retain or release data beyond the termination of the contract unless this is legally mandated.
d) Fees already paid for the period after the termination become effective will not be refunded unless the termination occurred for a significant reason attributable to us or there is a claim due to valid withdrawal (see section 6.6).
12. Changes to the Terms of Use and the Service
12.1. Changes to the Terms of Use
a) We reserve the right to change these Terms of Use at any time, in particular, to adapt them to changes in legal or technical framework conditions, new functionalities, or developments of the Service.
b) We will inform you in text form (e.g., via email or through a notification in the App/User Account) at least thirty (30) days before the planned entry into force of any planned changes to these Terms. The notification will include the proposed changes and the date of entry into force.
c) If the changes are not exclusively to your advantage, purely editorial in nature, or serve the adaptation 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., via 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 will be considered accepted by you from the announced date of entry into force. We will explicitly inform you of this consequence (approval fiction) as well as your right to object and the deadline for it in the notification of change.
e) If you timely object to the changes, the contract will continue under the previous terms. However, we reserve the right to terminate the user contract in accordance with section 11.3 b) at the next possible date in this case.
f) Changes that are required by mandatory legal provisions take immediate effect and do not require consent or the possibility of objection, but we will inform you about such changes.
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 to improve the Service, adapt to technical developments, or respond to market changes.
b) For free services or features, we are entitled at any time to change, discontinue, or offer them only for 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 performance and have a disadvantageous impact on you (e.g., the discontinuation of a central functionality of the booked plan without a replacement), we will inform you about this with reasonable notice, usually at least 30 days in advance, in text form. In this case, you have the right to extraordinarily terminate the contract at the time the change takes effect.
13. International Use
a) The Service is operated by the Provider from Germany. We make no guarantees 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 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 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 transfer of 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 shall be 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 (UN Sales Law/CISG) is excluded.
c) If you are a consumer with a usual residence in another EU country 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) Exclusive jurisdiction for all disputes arising from or in connection with this contract shall be 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 asset 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 the action is filed.
c) For consumers, the statutory jurisdictions apply.
14.3. Dispute Resolution for Consumers
a) The European Commission provides a platform for online dispute resolution (ODR), which can be found at ec.europa.eu/consumers/odr.
b) Our email address is: info@safina.ai.
c) We are willing to participate in a dispute resolution procedure 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 together with the Privacy Policy safina.ai/legal/privacy-policy and, if applicable, the Data Processing Agreement (AVV) as well as any individual Enterprise agreements constitute the entire agreement between you and Safina AI regarding the use of the Service.
b) No oral ancillary agreements exist. Previous agreements or arrangements relating to the subject matter of the contract are replaced by these Terms.
15.2. Severability Clause
If any individual provisions of these Terms of Use are or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected. In lieu of the invalid or unenforceable provision, a valid and enforceable regulation shall be deemed agreed, which comes closest to the meaning and purpose and 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 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 within the meaning of §§ 15 ff. AktG or to a legal successor in the context of a corporate transfer (e.g., sale, merger). In the event of such a transfer, we will inform you in due time. If you are a consumer and the entire contract is transferred to another company, you have the right to terminate the contract without notice.
15.4. Force Majeure
Neither party shall be liable for failure to fulfill or delay in fulfilling its contractual obligations, to the extent that such failure or delay is due to circumstances beyond its reasonable control and which it could not foresee or prevent even with the utmost diligence ("Force Majeure"). This includes, but is not limited to, natural disasters, fire, floods, war, terrorism, riots, epidemics, pandemics, government orders, embargoes, substantial disruptions of 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 shall make all reasonable efforts to minimize the impact. Duties to perform 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 using the contact information provided in section 1.1 a) or in the imprint on our website safina.ai/legal/imprint.