Terms of Use | Safina AI

Welcome to Safina AI! These Terms of Use govern your relationship with DK Tech Solutions UG (Registration number: HRB 302584), located at Schwanthalerstr. 141, 80339 Munich, Germany, 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 on our website.

1. Scope, Provider, and Definitions

1.1. Subject Matter and Scope

a) Safina AI provides a service in the form of an AI-powered voicemail and phone switchboard (hereinafter “Service”) that supports both individuals and businesses 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. They apply to both consumers and entrepreneurs.

c) For users of the “Enterprise” plan, supplementary or deviating individual agreements (e.g., separate enterprise contracts, data processing agreements) may apply. 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 English. In the event of discrepancies or questions of interpretation, the German version shall prevail exclusively. 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 12.

1.2. Definitions

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

“Provider” means DK Tech Solutions UG as set out in Section 1.1 a).

“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 various subscription models under which the Service is offered, currently “Personal,” “Professional,” and “Enterprise,” which differ in scope of features, performance limits (e.g., call minutes), and costs. The details of the plans are described on the Safina AI website.

“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 (German Civil Code)).

“Consumer” means any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (§ 13 BGB (German Civil Code)).

2. Registration, User Account, Contract Formation, Trial Period, and Right of Withdrawal

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.

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 you are not responsible for the misuse.

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”) and explicitly agreeing to these Terms of Use and our Privacy Policy, you submit a binding offer to conclude a usage agreement for the Service.

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

2.4. Trial Period

a) We may, at our sole discretion, offer a free or discounted trial period for certain plans or features of the Service.

b) The duration, scope, and specific conditions of such a trial period (e.g., available features, minute limits) will be communicated to you before the trial period begins (e.g., during the registration process, on the plan selection/paywall screen).

c) Unless otherwise stated, the trial period ends automatically upon expiration of the agreed duration. If you wish to continue using the Service beyond the trial period, you must select and subscribe to a paid plan. Otherwise, your access to the tested features will be restricted or suspended after the trial period ends.

2.5. Right of Withdrawal for Consumers

a) If you use the Service as a consumer (as defined in Section 1.2), you have a statutory right of withdrawal when concluding a paid plan through distance selling.

b) We will separately inform you about your right of withdrawal, the conditions, deadlines, and the procedure for exercising the right of withdrawal, as well as about the model withdrawal form. This withdrawal instruction will be made available to you in text form before the conclusion of the paid contract (e.g., by email or as part of the ordering process) and is also available on our website at any time.

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, performance limits (e.g., included call minutes per month, number of AI Assistants), and specific features (e.g., spam protection, customization of voice and tone, conversation guides, CRM integrations, advanced AI analytics, multilingual support, on-premise hosting, API access) depend on the plan selected by the User (Personal, Professional, or Enterprise). The detailed service description of the individual plans is available on our website safina.ai and becomes part of the contract.

c) We strive to continuously develop the Service. We therefore reserve the right to modify, change, or expand features and characteristics of the Service, provided this is reasonable for the User and the core scope of services of the subscribed plan is maintained. Significant changes will be announced in accordance with Section 12.

d) Unless an on-premise solution is agreed upon within the scope of an Enterprise contract, the Service is hosted and operated on servers in Germany (currently AWS Frankfurt).

3.2. Technical Requirements

a) Use of the Service requires a compatible 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.

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) For users of the “Personal” and “Pro” plans, no specific percentage availability (Service Level Agreement — SLA) is guaranteed.

c) For users of the “Enterprise” plan, deviating provisions 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 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.

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 for users of the “Personal” and “Pro” plans.

c) For users of the “Enterprise” plan, extended support services, such as dedicated contacts or guaranteed response times, may be agreed upon within the scope of the separate Enterprise contract.

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 access to an application programming interface (API) is granted within the scope of an Enterprise contract, the specific terms of the API documentation and the Enterprise contract shall apply.

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, TTDSG), 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 and consent of callers (Essential): You are solely responsible for ensuring that callers, before being forwarded to Safina AI and before beginning the interaction with the AI Assistant, are clearly and comprehensibly informed about the use of an AI-based service for call reception and processing, as well as about any recording or storage of the conversation, in accordance with all applicable laws (in particular GDPR and TTDSG). You are also solely responsible for obtaining all necessary consents from callers where legally required. This applies in particular when you use audio recording features or when personal data of the caller is to be processed by the AI Assistant. Further information can also be found in our Privacy Policy.

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.

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, Add-On Credits, and Fees

a) Subscriptions: The use of the “Personal,” “Professional,” and “Business” plans is based on a subscription model.

Contract formation: The subscription can be concluded either via our website or as an in-app purchase in the mobile app.
Included volume: The minutes included in the subscription expire at the end of the respective billing month and are not transferable to the following month (“use-it-or-lose-it”).

b) Usage-based additional services (flexible model): Usage exceeding the volume included in the subscription (e.g., additional call minutes, SMS) will be charged separately. The type of billing depends on the availability in the respective plan and the configuration of the User Account. Safina AI reserves the right to offer the following billing models:

Option 1: Post-paid billing (“pay-as-you-go”): The billing of additional services incurred takes place retroactively (post-paid) — generally together with the next subscription invoice or upon reaching a defined cost threshold. No credit accumulation takes place.
Option 2: Prepaid (“prepaid / top-ups”): If Safina AI offers the purchase of credit packages, usage is deducted from the prepaid credit.
Validity: Purchased prepaid credit is subject to the standard statutory limitation period (§ 195 BGB (German Civil Code)) and is valid for a maximum of three (3) years until the end of the year, unless the usage agreement ends earlier.
Legal nature: Credit constitutes a prepayment for technical services and is non-refundable (except in the case of statutory withdrawal) and non-transferable.
Prices: The specific prices for additional minutes or credit packages are set out in the price list valid at the time of use or purchase in the App or on the website.

c) Payment processing and contracting partner:

Web purchase: If the subscription or a top-up is purchased via our website, processing takes place directly through Safina AI (via Stripe).
App Store purchase: If the subscription is concluded via an app store (Apple/Google), the terms of the respective store operator shall apply exclusively to the payment processing of that subscription.
Note: Additional minute packages (top-ups) are generally processed directly through Safina AI (web shop), even if the base subscription exists through an app store.

d) Negative balance (technical overdraft): For technical reasons (e.g., latencies in real-time billing), actual usage may slightly exceed the available credit. The User acknowledges that such a negative balance constitutes a due claim by Safina AI, which we may offset against the next top-up or collect separately.

6.2. Payment Methods and Processing

a) Payment of fees for the “Personal” and “Pro” plans is made in advance for the respective billing period (monthly or annually).

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

For subscriptions 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 subscriptions 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) For Enterprise customers, payment methods are governed in the Enterprise contract (e.g., payment on invoice).

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 subscriptions 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 (e.g., for Enterprise) are billed and due in accordance with the individual agreement.

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 11.3 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, license fees) or feature expansions.

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). In the notification, we will inform you of your right to object to the increased price or to terminate your contract with due notice as of the date the price increase takes effect. If you do not object within the period specified in the notification, the price increase shall be deemed approved. We will specifically draw your attention to this in the notification.

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) Your statutory right of withdrawal as a consumer (see Section 2.5) remains unaffected. In the event of an effective withdrawal, we will refund your payments in accordance with the statutory provisions.

c) 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.

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 and Telemedia Data Protection Act (TTDSG).

b) Detailed information about which personal data we collect and process when providing and using the Service, for what purposes, on what legal bases the processing is 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) Hosting: Unless an on-premise solution is agreed upon within the scope of an Enterprise contract, your data is stored and processed exclusively on servers within Germany (currently at Amazon Web Services in Frankfurt am Main).

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) In this case, the conclusion of a Data Processing Agreement (DPA) pursuant to Art. 28 GDPR between you and us is mandatory to ensure data-protection-compliant processing.

c) We will provide you with our standard DPA. You can obtain it by sending a request to info@safina.ai.

d) The conclusion of the DPA is a prerequisite for the lawful use of the Service by entrepreneurs for the processing of personal data. You are responsible for concluding the DPA with us in a timely manner before the processing of personal data through the Service begins.

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

8.1. Rights of Safina AI

a) The Service, the App, the underlying software, the databases, the “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

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.

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.

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, Deepgram, Elevenlabs, 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., CRM systems such as Pipedrive or Salesforce, calendar services such as Google Calendar or iOS Calendar, hereinafter “third-party integrations”).

b) The activation and use of such third-party integrations 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. 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 obtain the required information and consents from 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.

11. Contract Term and Termination

11.1. Term and Renewal

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

b) For paid plans (“Personal,” “Pro”), 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) For the “Enterprise” plan, the terms and renewal provisions agreed in the separate Enterprise contract shall apply.

d) The term of a trial period is governed by Section 2.4. It ends automatically if no paid plan is concluded.

11.2. Termination by the User

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

b) You may terminate paid subscriptions for the “Personal” and “Pro” plans with fourteen (14) days’ notice to the end of the respective minimum term or to the end of the respective renewal period.

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).

d) For termination of an “Enterprise” plan, the deadlines and forms agreed in the separate Enterprise contract shall apply.

11.3. 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.

11.4. 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) We are entitled to delete your User Content stored within the scope of the Service after a reasonable period following the end of the contract (generally 30 days, unless statutory retention obligations apply). Details on data deletion can also be found in our Privacy Policy.

c) You are solely responsible for backing up and exporting your User Content (e.g., transcripts, reports, audio recordings) in a timely manner before the end of the contract if you continue to need them. We are not obligated to retain or release data beyond the end of the contract unless required by law.

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 there is a claim based on an effective withdrawal (see Section 6.6).

12. Amendments to the Terms of Use and the Service

12.1. Amendments to the Terms of Use

a) We reserve the right to amend these Terms of Use at any time, in particular to adapt them to changed legal or technical 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 date of 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 11.3 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.

12.2. 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, or respond to market 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 subscribed 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.

13. International Use

a) The Service is operated by the Provider from Germany. We make no warranty that the Service and its content are suitable 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.

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.