Terms of Use | Safina AI

Welcome to Safina AI! These Terms of Use govern your relationship with SK Thinking Ltd (Registration number: HE 499216, Registrar of Companies, Cyprus), located at Anthypolochagou Georgiou M. Savva 26, Shop 1-2, 8201 Geroskipou, Paphos, Cyprus, represented by David Schemm (hereinafter “Safina AI,” “we,” or “us”) regarding the use of our service. If you concluded your contract before October 13, 2026, DK Tech Solutions UG (haftungsbeschränkt) is your contracting party until November 11, 2026 (Section 15.4). You can reach us by email at info@safina.ai or via the contact details in the imprint on our website.

This version applies immediately to contracts concluded on or after October 9, 2026, and to existing contracts from November 12, 2026. Until then, the previous version of January 23, 2026 applies to existing contracts.

1. Scope, Provider, and Definitions

1.1. Subject Matter and Scope

a) Safina AI provides a service in the form of an AI-powered voicemail and phone switchboard (hereinafter “Service”) that supports businesses and self-employed persons in managing their phone availability, receiving calls, analyzing them, 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 Safina AI Service, regardless of whether the use is free of charge (e.g., during a trial period) or paid as part of a subscription. The Service is offered exclusively to entrepreneurs. No contracts are concluded with consumers within the meaning of § 13 BGB (German Civil Code).

c) We may enter into individual agreements with individual Users (e.g., a separate contract or a service level agreement). Such individual agreements shall take precedence over these Terms in the event of conflicts.

d) Any terms and conditions of the User that conflict with or deviate from these Terms shall not apply unless we have expressly agreed to their applicability in writing.

e) By registering for the Service or using the Service, you agree to these Terms.

f) These Terms are made available in German and in translations (currently English, Spanish, French, and Polish). In the event of discrepancies or questions of interpretation, only the German version shall be authoritative. The current version of these Terms can be viewed, saved, or printed on our website. We reserve the right to amend these Terms in accordance with Section 13.

1.2. Definitions

The following terms have the following meanings within the scope of these Terms:

“Provider” means SK Thinking Ltd. For contracts concluded before October 13, 2026, the Provider is DK Tech Solutions UG until the transfer under Section 15.4.

“Caller” means any natural or legal person who attempts to reach the User via the phone number forwarded to Safina AI.

“App” means the Safina AI mobile software application for iOS and Android through which the Service can be used and managed.

“DPA” (Data Processing Agreement) means the agreement pursuant to Art. 28 GDPR concluded between the User (as controller) and Safina AI (as processor) when the User, acting as an entrepreneur, processes personal data through the Service.

“Service” means the entirety of the services provided by Safina AI, in particular the AI-powered voicemail and phone switchboard, including the App, the web interface, the underlying AI technologies, and all related features according to the selected plan.

“Content” means all data, texts, audio files, information, or materials provided by Safina AI within the scope of the Service, excluding User Content.

“AI Assistant” means the artificial intelligence provided by Safina AI that receives calls, conducts dialogues, processes information, and creates reports.

“User” means any natural or legal person who registers for or uses the Service.

“User Content” means all data, information, texts, audio files (e.g., voice recordings of calls), transcripts, summaries, analyses (e.g., sentiment assessments), and configurations (e.g., conversation guides, contact data) that are generated, uploaded, or provided by the User or by callers within the scope of using the Service.

“User Account” means the User’s personal access area to the Service after successful registration.

“Plans” means the subscription models under which the Service is offered. They differ in scope of features, performance limits (e.g., call minutes), and price. The description on our website or in the App at the time of booking is authoritative.

“Trial Period” means a limited period during which the User can test the Service or certain features thereof free of charge or at reduced cost before a paid subscription begins.

“Entrepreneur” means a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 BGB).

2. Registration, User Account, Contract Formation, and Trial Period

2.1. Prerequisites for Use

a) 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 established and represented legal entity or partnership.

b) If you use the Service on behalf of an organization, company, or other legal entity, you confirm that you have the authority to bind that legal entity to these Terms. In this case, “User” or “you” refers to that legal entity.

c) By registering, you confirm that you use the Service in the exercise of your commercial or independent professional activity. We may require proof of this, e.g., a VAT identification number, a register extract, or a business registration. If you do not provide it within a reasonable period, we may terminate the contract for good cause.

2.2. Registration and User Account

a) To use the Service, you must register and create a User Account. Registration is carried out 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 term of the contract.

c) You are solely responsible for the security of your User Account and your access credentials (e.g., password). Keep your access credentials confidential and protect them from access by third parties. You are responsible for all activities carried out through your User Account, unless the misuse is not attributable to you.

d) You are obligated to inform us without undue delay if you become aware of or suspect any unauthorized use of your access credentials or any other security breach. Please contact us at info@safina.ai for this purpose.

2.3. Contract Formation

a) The display of the Service on our website or in the App does not constitute a legally binding offer but rather an invitation 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”), you submit a binding offer to conclude a usage agreement for the Service. During registration, we point you to these Terms of Use and our Privacy Policy. By registering, you accept these Terms of Use.

c) We accept your offer by sending a confirmation email or by activating your User Account and providing the Service. Upon this acceptance, the usage agreement between you and Safina AI is concluded.

2.4. Trial Period

a) We may offer new Users a free trial period. We will show you the duration and scope, in particular the number of trial minutes, before it begins, e.g., on the plan selection screen. The trial minutes may be fewer than the included minutes of the selected plan. There is no entitlement to a trial period.

b) Providing a payment method may be required to start the trial period. During the trial period, we do not charge a fee for the selected plan.

c) If you do not terminate before the trial period ends, it automatically converts into the selected paid subscription. The first fee then becomes due at the end of the trial period. You can terminate at any time during the trial period (Section 12.2).

d) Once the trial minutes are used up, the Service does not accept any further calls until the end of the trial period. This does not apply if you conclude a subscription beforehand or if usage-based billing is active. In the latter case, we charge further minutes pursuant to Section 6.1 b) within the scope of your spending limit. When the subscription begins, the full included minutes of the plan apply.

2.5. Organizations and Team Members

a) Depending on the plan, you can create an organization and invite other persons as team members. Only the owner of the organization is the contracting party and liable for payment. The number of team members depends on the plan.

b) Team members act on your behalf within the rights granted to them. Depending on their role, they can view the organization’s calls, transcripts, recordings, and contacts. You decide who receives which access, and you revoke it when it is no longer needed.

c) You are responsible for the actions of your team members as for your own and ensure that they comply with these Terms. The same applies to third parties to whom you grant access to your account or your organization, e.g., a partner who assists with setup.

3. Scope of Services, Technical Requirements, and Limitations of the Service

3.1. Service Description

a) Safina AI provides the User with an AI-powered service that functions as an intelligent voicemail or phone switchboard. The Service enables incoming calls to be received by an AI Assistant, conducts dialogues with callers, processes call information, and makes it available to the User in a processed form (e.g., as a summary, transcript, audio recording, analysis) via the App or web interface.

b) The specific scope of features and performance limits (e.g., included call minutes, number of AI Assistants and team members) depend on the booked plan. The service description on our website, in the Web App, or in the native App at the time of booking is authoritative. It becomes part of the contract.

c) We strive to continuously develop the Service. We therefore reserve the right to modify, change, or expand features and characteristics of the Service if this serves technical development, if legal or regulatory requirements make it necessary, or if a service provider changes or discontinues a service, provided this is reasonable for the User and the core scope of services of the booked plan is maintained. We may offer new features as a paid add-on. Significant changes will be announced in accordance with Section 13.

d) We store the data of the Service, in particular call data, transcripts, and recordings, on servers in Germany. For individual processing steps during a call (e.g., telephony, speech recognition, speech output, and AI models), we use service providers that may also process data outside the European Union. Section 7.2 provides details.

e) AI models and providers: We use AI models and services from various providers. We may switch models and providers, in particular if a provider discontinues a model, a better or more economical model becomes available, or legal reasons require it, provided the quality of the Service is essentially maintained. There is no entitlement to a specific AI model. The available models and features may differ depending on the plan, the account, and the channel through which the account was acquired, e.g., for accounts referred through our partner program.

f) Beta features: We provide features that we label as beta, preview, or test without any commitment regarding availability or scope of functionality. We may change or discontinue them at any time. There is no entitlement to use them.

3.2. Technical Requirements

a) Use of the Service requires a compatible device (e.g., a smartphone with a current iOS or Android operating system for App use, a computer with a current web browser for the web interface) and a stable internet connection.

b) A prerequisite 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 responsibility for setting up, managing, and any costs associated with call forwarding lies solely with the User.

c) The User is responsible for ensuring that their hardware, 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 making emergency calls to police (110), fire/rescue services (112), or other emergency services. This applies in particular to the call forwarding (“Call Transfer”) feature. Safina AI cannot transmit location data. The User is responsible for maintaining alternative telephony solutions for emergencies.

b) AI Limitations and Error Susceptibility: The Service uses artificial intelligence for functions such as speech recognition, transcription, translation, summarization, sentiment analysis, spam detection, and dialogue management. AI systems are complex and may, despite careful development and training, contain errors or produce unexpected results. We therefore do not guarantee 100% accuracy, correctness, completeness, or appropriateness of the information and results generated or processed by the AI. This applies in particular, but not exclusively, 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 credentials/PINs, transmitting critical health data). The User acknowledges that AI systems may “hallucinate” (i.e., plausibly assert false facts). The User is solely responsible for implementing appropriate security mechanisms (e.g., human verification, two-factor authentication) outside of Safina AI before triggering transactions, concluding contracts, or disclosing sensitive data based on AI statements. Safina AI is not liable for damages resulting from the absence 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 or actions are based on them. The responsibility for the use and interpretation of the information provided by the Service lies with the User.

e) No automated individual decisions: The Service is not intended to make decisions solely by automated means that produce legal effects concerning callers or similarly significantly affect them (Art. 22 GDPR). If you nevertheless use the Service in this way, you are responsible as the controller for ensuring that the requirements of Art. 22 GDPR are met, in particular that a human can intervene.

f) No voice recognition: The Service does not identify or verify persons by their voice. We do not create or compare voiceprints. The sentiment analysis is based on the content of the conversation, not on biometric characteristics of the voice.

3.4. Phone Numbers

a) For the Service, we provide you with a phone number (the “Safina number”). You receive a right to use it for the duration of the contract, not ownership. Transferring the Safina number to another provider (porting) is not possible.

b) In some countries, authorities or our telephony provider require information about the end user of a number. In these cases, we apply for the number on the User’s behalf. You instruct and authorize us to submit the application in your name and to confirm the accuracy of your information to the telephony provider. For this purpose, you provide us with true, current, and complete information and evidence (e.g., company name, registration number, address, authorized representative, register extract, proof of address, and for individuals an identity document) and notify us of any changes without undue delay. We process this information only for the application and pass it on to the telephony provider, where it is stored.

c) The telephony provider or the competent authority decides on such an application. There is no entitlement to approval, to a specific area code, or to a specific date. A surcharge may apply for individual countries, which we will tell you before the application.

d) We may change or withdraw the Safina number if authorities or the telephony provider require it, if your information is incorrect or no longer current, or if misuse has occurred. Where possible, we will inform you beforehand.

e) After the end of the contract, we release the Safina number. It may then be assigned to other customers. You should therefore remove your call forwarding before the end of the contract.

4. Availability, Maintenance, and Support

4.1. Availability

a) We strive to provide the Service with high availability. However, except in the cases pursuant to 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., telecommunications network disruptions, power outages, hardware or software failures by third parties) or due to maintenance work.

b) We do not guarantee a specific percentage availability (Service Level Agreement, SLA).

c) Deviating provisions regarding availability, including guaranteed service levels, may be established in an individual agreement (Section 1.1 c)).

4.2. Maintenance

We are entitled to temporarily take the Service out of operation for maintenance and optimization purposes (“planned maintenance windows”). We will endeavor to announce planned maintenance work that leads to a significant impairment of the Service in advance with reasonable notice (e.g., by email or in-app notification) and to carry it out during periods of low usage where possible. In urgent cases, e.g., to fix security vulnerabilities or to fend off acute attacks, we may also perform maintenance on the Service without prior notice. We will then inform you as soon as possible.

4.3. Support

a) We offer technical support for the Service. Inquiries can be submitted through the channels provided on our website or in the App (e.g., email to info@safina.ai, contact form).

b) Our standard support is generally available on 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 strive to process inquiries promptly but do not guarantee specific response times.

c) Extended support services, e.g., dedicated contacts or guaranteed response times, may be established in an individual agreement (Section 1.1 c)).

5. Usage Rights, User Obligations, and Prohibited Actions

5.1. Usage Rights

a) We grant you, for the duration of the usage agreement, a simple, non-exclusive, non-transferable, non-sublicensable, and revocable right to use the Service and the associated App in accordance with these Terms and the plan you have selected. The right of use is limited to the contractual purpose.

b) If we grant access to an application programming interface (API), the requirements of the respective documentation apply in addition.

c) Any use that exceeds the scope set out in these Terms or in the selected plan requires our prior written consent.

5.2. User Obligations

You are obligated to:

a) Lawful use: Use the Service exclusively in accordance with these Terms and all applicable laws and regulations. This includes, in particular but not exclusively, compliance with data protection law (GDPR, BDSG, TDDDG), telecommunications law (TKG, German Telecommunications Act), 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 of callers (Essential): We provide the Service in such a way that callers learn at the start of the conversation that they are speaking with an AI assistant. The standard greeting contains this notice, and the AI Assistant confirms when asked that it is an AI. Within the meaning of the AI Act (Regulation (EU) 2024/1689), we are the provider and you are the deployer of the AI Assistant. If you change the greeting or the conversation guides, you are responsible for ensuring that callers continue to be informed about the AI (Art. 50(1) of the AI Act). Your greetings and conversation guides must not contradict this notice and must not present the AI Assistant as a human. Whether and how callers must additionally be informed about a recording or processing of the call is for you to decide as the controller. Safina AI offers a notice in the greeting for this purpose, which you control in the settings. You may omit this notice if callers are informed in another way or have consented, e.g. for internal calls by your employees or if you already have your customers’ consent. For the processing of caller data, you are the controller within the meaning of the GDPR, and we process it on your behalf. You ensure that a legal basis exists for this and that callers and other data subjects are informed pursuant to Art. 13 and 14 GDPR, e.g., about recording and transcription, the use of AI, the processors engaged, transfers to third countries, and the storage period. This is done in particular through a privacy policy to which the AI Assistant can refer during the conversation. You enable audio recording only if you need it for your purpose and may use it lawfully.

d) Responsibility for content: Bear sole responsibility for all User Content that you provide (e.g., contact data, content for conversation guides, configurations) or that is generated by callers within the scope 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 arising from the interaction of the AI Assistant with callers, particularly when these are based on specific instructions or configurations (e.g., prompts, conversation guides) by you. Our responsibility for errors of the Service for which we are accountable remains unaffected. Section 10 applies.

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) Data accuracy: Ensure that the information you provide during registration and in the course of using the Service is correct 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 is fully liable for charges incurred within the limits set by the User, even if these were caused by unexpectedly long call durations by the AI, provided there is no technical failure of the limit feature itself.

h) Special obligations when using the call transfer feature and outbound telephony:

If the User activates features that allow the AI to forward calls to external numbers or establish outgoing 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 any outbound communication or forwarding, either the explicit consent of the recipient exists or an ongoing business relationship is in place. Safina AI reserves the right to immediately suspend accounts in case of suspected misuse (e.g., reports to the Bundesnetzagentur (German Federal Network Agency)).
• Liability for costs and “toll fraud”: The User bears all costs incurred through forwarding initiated via their account. This also applies to costs arising from misuse by third parties (e.g., hacking of access credentials, prompt injection), insofar as the User is responsible for the security vulnerability. The User is obligated to ensure their account security to prevent “toll fraud” (call charge fraud).
• Geographic restrictions (geo-blocking): Safina AI reserves the right to block forwarding to certain destination regions (in particular high-risk countries or satellite area codes) by default to prevent fraud. Unblocking will only occur after a separate review.
• Legal compliance of the destination number: The User guarantees that they are authorized to forward calls to the stored destination number. It is prohibited to set up forwarding to numbers that are on “Do-Not-Call” lists.
• Data protection during handover: The User ensures that they are authorized to transfer the data collected by the AI agent (e.g., transcripts, summaries) to the recipient within the scope of the forwarding (e.g., through appropriate data processing agreements with external call centers).
• Human oversight (EU AI Act): If the forwarding serves the purpose of handover to a human employee (“human handoff”), the User acts as a “deployer” within the meaning of the EU AI Act. It is solely the User’s responsibility to ensure that a qualified person is actually reachable at the destination number to provide human oversight.

5.3. Prohibited Actions

You are prohibited from:

a) Using the Service for unlawful, fraudulent, harassing, discriminatory, defamatory, obscene, violence-glorifying, or otherwise offensive or harmful purposes, or enabling such use.

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 malicious software (viruses, trojans, worms, etc.) through 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 circumvent 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 this is expressly permitted under mandatory law.

g) Copying, modifying, renting, leasing, selling, redistributing, or creating derivative works of the Service or parts thereof, unless expressly permitted.

h) Circumventing security measures, access restrictions, or usage restrictions of the Service.

5.4. Permitted Use and Industries

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. Fees, Payment Terms, and Invoicing

6.1. Paid Plans and Usage-Based Fees

a) Subscriptions: The paid plans are offered as a subscription with monthly or annual billing. You can conclude the subscription in our Web App (payment via Stripe) or as an in-app purchase in the native App (payment via the App Store from Apple or Google Play). The included minutes in the plan apply per billing month. Unused minutes expire at the end of the billing month and are not carried over.

b) Usage-based fees (Pay-as-you-go): We charge usage beyond the included minutes retroactively according to the price list that applies at the time of use in the App or on our website. Billing generally takes place with the next invoice or upon reaching a cost threshold. For each call, we charge every started minute. Call time that is forwarded or handed over to another phone number counts at half. We may also offer usage-based billing without a subscription.

c) Spending limit: You can set a spending limit for usage-based fees in the App. We do not charge fees beyond this limit.

d) Payment processing: If the subscription is concluded in our Web App, processing takes place directly through us (via Stripe). If it is concluded in the native App via the App Store from Apple or Google Play, the terms of the respective store operator apply to the payment of that subscription. We always bill usage-based fees directly via Stripe, even if the subscription exists through an app store. Billing is carried out in the currency selected at the time of booking.

6.2. Payment Methods and Processing

a) You pay the fees for subscriptions in advance for the respective billing period (month or year).

b) We offer various payment methods, which are displayed during the ordering process. Payment processing is handled by external payment service providers:

• For booking via our website: Processing is generally handled by Stripe (Stripe Payments Europe, Ltd.). You provide your payment information directly to Stripe and authorize Stripe to debit the due fees. Stripe’s terms of use and privacy policy apply.
• For booking via the App (in-app purchase): Processing is handled by the respective app store provider (Apple App Store or Google Play Store), potentially using services such as RevenueCat for subscription management. Payment is processed through your Apple or Google account. The respective terms of use and payment terms of Apple or Google apply. Safina AI receives payment from Apple or Google.

c) Deviating payment terms (e.g., payment on invoice) may be established in an individual agreement (Section 1.1 c)).

d) You are obligated to ensure that the payment method you have specified is valid and has sufficient funds. You are responsible for updating your payment information.

6.3. Invoicing

a) For booking via our website, you will receive an electronic invoice for the due fees (e.g., by email or for download in your User Account).

b) For entrepreneurs domiciled in Germany, German VAT will be shown on the invoice. For entrepreneurs domiciled in another EU Member State, the reverse charge procedure may apply upon presentation of a valid VAT identification number. 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 carried out directly by Apple or Google in accordance with their respective terms. You will receive the invoice from these providers.

6.4. Due Date and Default of Payment

a) Subscription fees are due at the beginning of the respective billing period. Usage-based fees become due with the respective invoice.

b) If you are in default of your payment obligations, we are entitled, after issuing a reminder and setting a reasonable grace period, to temporarily suspend 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 paid plans to reflect increased costs of providing the Service (e.g., for telephony, AI providers, hosting, technical infrastructure, personnel, license fees) or feature expansions. An increase due to increased costs does not exceed the cost increase.

b) We will notify you of price increases for existing subscriptions at least 30 days before they take effect in text form (e.g., by email). They apply at the earliest from the next billing period, and for annual subscriptions from the next renewal. Until the increase takes effect, you may terminate your contract without notice as of that date. We will specifically draw your attention to this in the notification.

c) For subscriptions via the Apple App Store or Google Play, the procedure of the respective store operator additionally applies to price changes.

6.6. Refunds

a) As a general rule, no refunds are granted for fees already paid for billing periods that have begun or have not been fully used, unless this is required by law or expressly provided otherwise in these Terms.

b) Annual subscriptions: An annual subscription runs until the end of the annual term. If you terminate it, it ends at the end of the annual term (Section 12.2 b)). Letter d) and the right to terminate for good cause (Section 12.3 c)) remain unaffected.

c) For subscriptions concluded via an app store, refunds are governed exclusively by the terms of the respective store operator.

d) A refund may also be made if we are permanently unable to provide the service or if a termination for good cause attributable to us occurs.

e) Goodwill: If we refund fees in an individual case without being obliged to do so, this is a voluntary goodwill gesture. It does not create any entitlement to further or future refunds.

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 accordance with applicable data protection laws, in particular the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), and the Telecommunications Digital Services Data Protection Act (TDDDG).

b) Detailed information about which personal data we collect and process when providing and using the Service, for what purposes, on what legal bases the processing is carried out, how long the data is stored, to whom it may be disclosed, and what rights you have as a data subject can be found in our separate Privacy Policy. This is available at any time on our website 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 within the Scope of the Service

a) To provide the Service, we necessarily process various data, which may include:

• Your registration and contact data (name, email, company if applicable, address).
• Your configuration data (settings for the AI Assistant, conversation guides, contacts).
• Call data (phone numbers of callers, time, duration of the call).
• User Content such as audio recordings of calls (if enabled), transcripts, summaries, and analyses.
• Data from integrated third-party systems (e.g., CRM data, calendar data), if you activate such an integration.

b) No AI training with your data: We make clear that your User Content, in particular audio recordings and transcripts of phone conversations, is not used by us for training our own or third-party AI models.

c) Storage location and third countries: We store your data on servers in Germany. Individual service providers under letter d) also process data outside the European Union or the European Economic Area. This takes place only if the requirements of Art. 44 et seq. GDPR are met, e.g., on the basis of an adequacy decision or standard contractual clauses.

d) Sharing with service providers: For the technical provision of the Service, we engage carefully selected technical service providers (sub-processors), e.g., for hosting, telephony integration, payment processing, or the provision of specific AI features (e.g., transcription, speech analysis). Your data is only shared with these service providers to the extent necessary for contract performance and within the framework of data processing agreements pursuant to Art. 28 GDPR. Your data is not shared for third-party advertising purposes. Details about 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(7) GDPR and Safina AI as the processor within the meaning of Art. 4(8) GDPR.

b) Our Data Processing Agreement applies to this processing. It forms part of these Terms and applies upon your agreement to them. We will announce amendments to the Data Processing Agreement in the same way as amendments to these Terms (Section 13.1). The procedure in the Data Processing Agreement applies to new sub-processors. Earlier versions remain available on our website.

c) Professional secrecy: If you are subject to a professional duty of confidentiality (e.g., as a physician, lawyer, or tax advisor), we undertake to maintain confidentiality pursuant to § 203 para. 4 StGB (German Criminal Code) and oblige our employees and sub-processors accordingly. The Data Processing Agreement provides details. You are responsible for checking yourself whether use of the Service is permitted under your professional rules.

8. Intellectual Property, Rights to User Content, and Feedback

8.1. Rights of Safina AI

a) The Service, the App, the underlying software, the databases, the “Safina AI” brand, logos, designs, and all content provided by us (except for 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, modify, 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) remain with you or the respective rights holder (e.g., the caller with respect to 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 usage agreement, to store, reproduce, process, analyze, and display your User Content, exclusively to the extent necessary for the provision, maintenance, security, and technical optimization of the contractually agreed Service in accordance with the plan you have selected.

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

a) 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, features used, technical performance data) and to use it for statistical analyses, for improving system performance, for troubleshooting, and for optimizing the underlying technologies. This data does not allow conclusions to be drawn about individual users or callers.

b) We process data about the use of your account, e.g., logins, device and access logs, call duration, consumption, and spending, as an independent controller in order to bill the Service, to detect misuse such as toll fraud, and to ensure the security of the Service. Call content, recordings, and transcripts are not included. We process these only on your behalf under the Data Processing Agreement. Details can be found in the Privacy Policy.

8.4. Feedback

If you voluntarily submit feedback, ideas, suggestions, or improvement proposals regarding the Service to us (e.g., via the feature forum, by email, or through a support request), 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 any obligation to compensate you or attribute authorship.

8.5. Reporting Rights Violations

If you believe that content within the scope of the Service infringes your rights (e.g., copyrights, personal rights), please send a corresponding notification to info@safina.ai with sufficient information to review the matter. We will review reported rights violations and, if appropriate, take suitable measures.

8.6. Confidentiality

a) Both parties will treat the other party’s trade secrets that they receive in connection with this contract as confidential. For you, these include, e.g., conversation guides, contacts, and business data; for us, e.g., the architecture of the Service, non-public documentation, prompts, and security-relevant information. Both parties will use such information only for this contract and protect it with appropriate measures.

b) This does not apply to information that is publicly known without a breach of this contract, that was lawfully obtained from third parties without a duty of confidentiality or was independently developed, nor to the extent that a law, authority, or court requires disclosure.

c) The obligation continues beyond the end of the contract for as long as the information remains a trade secret. Section 7 and the Data Processing Agreement remain unaffected.

8.7. Reference

We may name your company name and logo as a reference on our website and in presentations. You may object to this at any time in text form. If you are subject to a professional duty of confidentiality, we will name you only with your express consent.

9. Third-Party Services and Integrations

9.1. Use of Third-Party Providers by Safina AI

a) To provide and optimize the Service, Safina AI uses 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 integration (e.g., Twilio), provision of AI features (e.g., speech recognition, transcription, speech generation by providers such as OpenAI, Google, AssemblyAI, Cartesia), analytics tools (e.g., Posthog), and communication services (e.g., Brevo).

b) A detailed overview of the material third-party providers and sub-processors used by us, as well as information on data processing by them, can be found in our Privacy Policy.

9.2. User-Activated Integrations

a) The Service may offer you the option to connect your Safina AI account with services of third-party providers that are not provided by Safina AI (e.g., calendar services from Google, Microsoft, or Apple, hereinafter “third-party integrations”).

b) The activation and use of such third-party integrations is at your own initiative and responsibility. When you activate a third-party integration, you authorize Safina AI to access certain data from your account with the third-party provider and/or to transfer data from your Safina AI account to that third-party provider, to the extent necessary for the function of the integration. The scope of the data exchange will be displayed to you when setting up the integration.

c) The terms of use and privacy policies of the respective third-party provider shall apply exclusively to the use of the third-party provider’s services within the scope 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 privacy practices of third-party providers or their services, including user-activated third-party integrations.

b) We make no warranties and accept no liability for the actions, 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 third-party integration should be directed to the respective third-party provider.

10. Liability

a) We are liable without limitation in cases of intent and gross negligence, for damages resulting from injury to life, body, or health, in the case of fraudulent concealment of a defect, to the extent of an assumed guarantee, and under the Product Liability Act (Produkthaftungsgesetz).

b) In cases of slight negligence, we are liable only for the breach of material contractual obligations. Material contractual obligations are obligations whose fulfillment is essential for the proper performance of this contract in the first place and on whose observance you may regularly rely. In this case, our liability is limited to the foreseeable damage typical for this type of contract at the time of conclusion of the contract, and in total to a maximum of the higher of the following amounts: the fees you paid to us in the twelve months before the event causing the damage, or EUR 5,000.

c) In all other respects, our liability for slight negligence is excluded.

d) Exclusions and limitations of liability elsewhere in these Terms, in particular in Section 3.3 and Section 9.3, apply only within the scope of this Section 10.

e) Insofar as our liability is excluded or limited, this also applies to the personal liability of our legal representatives, employees, and agents.

f) For services provided free of charge, in particular during a free trial period, we are liable, notwithstanding letter b), only for intent and gross negligence. Letter a) remains unaffected.

g) This Section governs liability between you and us. Our liability towards data subjects under Art. 82 GDPR remains unaffected.

h) Claims for damages based on slight negligence become time-barred one year after the statutory limitation period begins. This does not apply in the cases of letter a).

11. Indemnification

a) You agree to indemnify and hold harmless Safina AI and our legal representatives, employees, and agents from and against all claims, demands, lawsuits, damages, losses, costs, and expenses (including reasonable attorney’s and court fees) asserted against us by third parties (including callers or supervisory authorities) that are based on your culpable breach of these Terms of Use.

b) This indemnification obligation includes, in particular but not exclusively, claims arising from the following reasons:

• A breach of your obligations under Section 5.2, in particular the obligation to lawful use and to provide a legal basis and information to callers (Section 5.2 c)).
• A violation of third-party rights (e.g., copyrights, personal rights, data protection rights) through your User Content or your use of the Service.
• Your non-compliance with applicable laws or regulations in connection with the use of the Service.
• A prohibited action by you pursuant to Section 5.3.

c) In the event of a claim by third parties, you are obligated to provide us without undue delay with all information necessary for the review of the claims and the defense. You will support us in the defense against such claims in a reasonable manner. We reserve the right to assume the defense against such claims ourselves, whereby you remain obligated to bear the associated reasonable costs.

12. Contract Term and Termination

12.1. Term and Renewal

a) The usage agreement is concluded for an indefinite period.

b) For paid plans, the User selects an initial minimum term at contract conclusion (e.g., monthly or annually). After expiration of the minimum term, the subscription automatically renews for the same period (e.g., another month or another year) unless it is duly terminated by either party in accordance with the following provisions.

c) The term of a trial period is governed by Section 2.4.

12.2. Termination by the User

a) You may terminate the usage agreement for a free User Account (if offered) or a trial period at any time without notice.

b) You may terminate paid subscriptions at any time effective at the end of the current billing period (month or year). An annual subscription therefore ends at the end of the annual term (Section 6.6 b)).

c) Termination can conveniently be made via the settings in your User Account (in the App or web interface). Alternatively, termination is also possible in text form (e.g., by email to info@safina.ai).

12.3. Termination by Safina AI

a) We may terminate the usage agreement for free services or trial periods at any time with 14 days’ notice.

b) We may ordinarily terminate paid subscriptions with thirty (30) days’ notice to the end of the respective minimum term or to the end of the respective renewal period.

c) The right of both parties to extraordinary termination for good cause remains unaffected. Good cause for us 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 of payment of due fees despite a reminder and the setting of a 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 insufficient assets.
• Fulfillment of the contract becomes impossible or unreasonable for us due to technical or legal reasons.

12.4. Consequences of Termination

a) Upon the effective date of termination, your right to use the Service ends and your access to the User Account will be deactivated.

b) After the end of the contract, you can still request the release of your User Content (e.g., transcripts, summaries, audio recordings) in a common format for 30 days. After that, we delete it, unless statutory retention obligations prevent this. Details on data deletion can be found in our Privacy Policy and in the Data Processing Agreement. For data of your callers, the Data Processing Agreement takes precedence.

c) If you wish to switch to another provider, you can announce the switch with a notice period of no more than two months. We will then support you to the extent provided in Art. 23 et seq. of Regulation (EU) 2023/2854 (Data Act).

d) Fees already paid for the period after the effective date of termination will not be refunded unless the termination was for good cause attributable to us or Section 6.6 provides for a refund.

13. Amendments to the Terms of Use and the Service

13.1. 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 conditions, to new features, or to further developments of the Service.

b) We will notify you of planned changes to these Terms at least thirty (30) days before the planned effective date in text form (e.g., by email or via a notification in the App/User Account). The notification will contain the planned changes and the effective date.

c) Unless the changes are exclusively to your benefit, are purely editorial in nature, or serve to adapt to mandatory legal requirements, the following applies: You have the right to object to the announced changes. Your objection must be received by us in text form (e.g., by email) within thirty (30) days of receipt of the change notification.

d) If you do not object to the changes within the specified period, the amended Terms of Use shall be deemed accepted by you as of the announced effective date. We will expressly draw your attention to this consequence (deemed approval), as well as to your right to object and the deadline, in the change notification.

e) If you object to the changes within the specified period, the contract will continue under the previous terms. In this case, however, we reserve the right to ordinarily terminate the usage agreement pursuant to Section 12.3 b) at the earliest possible date.

f) Changes that are required due to mandatory legal requirements become effective immediately and do not require consent or an option to object; however, we will inform you about such changes.

g) Changes that materially shift the balance between performance and remuneration to your detriment, in particular price increases outside Section 6.5 or the removal of central features of the booked plan, do not become effective under letter d), but only with your express consent.

13.2. Amendments to the Service

a) We are entitled to continuously develop the Service and to modify, adapt, expand, or partially discontinue features or components of the Service in order to improve the Service, adapt it to technical developments, implement legal or regulatory requirements, or respond to the change or discontinuation of services by our service providers. Letter c) applies to material changes.

b) For free services or features, we are entitled at any time to modify, discontinue, or offer them only for a fee at our sole discretion.

c) In the case of material changes to paid services that affect the core of the agreed scope of services and have a detrimental effect on you (e.g., the discontinuation without replacement of a central feature of the booked plan), we will inform you with reasonable notice, generally at least 30 days in advance, in text form. In this case, you have the right to extraordinarily terminate the contract as of the date the change takes effect.

14. International Use

a) The Service is operated by the Provider from the European Union. We make no warranty that the Service and its content are suitable for or available for use in locations outside the European Union (EU) or the European Economic Area (EEA).

b) Use of the Service from abroad is at the User’s own responsibility. The User is solely responsible for ensuring compliance with all applicable local laws and regulations.

15. Final Provisions

15.1. Transfer of the Contract

a) You may transfer rights and obligations under this contract to third parties only with our prior consent in text form. § 354a HGB (German Commercial Code) remains unaffected.

b) We may transfer this contract with all rights and obligations to a company that takes over the Safina AI business from us, for example in the context of a company acquisition or a restructuring. This applies only if this company has its registered office in the European Union, continues the Service on the existing terms and prices, and assumes all obligations regarding confidentiality and data protection under this contract and the Data Processing Agreement. We will announce the transfer in text form at least four weeks in advance and state the name, registered office, and registration number of the company as well as the date of the transfer. You may terminate the contract without notice as of this date. We will refund fees already paid for the period after that date on a pro rata basis.

15.2. Governing Law and Place of Jurisdiction

a) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the state in which you have your registered office, as well as directly applicable Union law, in particular the GDPR and the AI Act, remain unaffected.

b) If you are a merchant (Kaufmann) within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, or if you have no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is our registered place of business. We may also sue you at your general place of jurisdiction.

15.3. Severability

If any provision of these Terms is invalid in whole or in part, the validity of the remaining provisions remains unaffected. The statutory provision takes the place of the invalid provision.

15.4. Takeover by SK Thinking Ltd

a) SK Thinking Ltd has taken over the Safina AI business from DK Tech Solutions UG (haftungsbeschränkt), Schwanthalerstr. 141, 80339 Munich, Germany, registration number HRB 302584 (Amtsgericht München (Munich Local Court)). Contracts concluded on or after October 13, 2026 are concluded directly with SK Thinking Ltd.

b) Contracts concluded with DK Tech Solutions UG before October 13, 2026 pass to SK Thinking Ltd with all rights and obligations on November 12, 2026 pursuant to Section 15.1 b), as does the Data Processing Agreement. You may terminate such a contract without notice as of November 12, 2026.

c) SK Thinking Ltd continues a transferred subscription with the same plan, price, and billing period. You do not pay twice for any period.

d) Until billing is switched over, and no later than January 31, 2027, DK Tech Solutions UG collects the fees via Stripe and issues the invoices in the name and for the account of SK Thinking Ltd. For contracts under letter b), this applies from November 12, 2026. Payments to DK Tech Solutions UG discharge your payment obligation. After the switchover, SK Thinking Ltd issues the invoices.

e) For the switchover, Stripe transfers your customer data and your saved card to the Stripe account of SK Thinking Ltd. You do not need to enter your card again. A SEPA Direct Debit mandate cannot be transferred. If you pay by direct debit, we will ask you to enter your payment details again before the switchover.

f) Subscriptions via the Apple App Store or Google Play continue unchanged through the respective store. Until the switchover, DK Tech Solutions UG appears there as the provider of the App.

g) Invoices from the period before the switchover remain stored with DK Tech Solutions UG and you can still retrieve them.

---

Authoritative Version

This document is a translation provided for informational purposes only. In case of any discrepancy between this translation and the German original, the German version shall prevail.