Terms of Use - Safina App
Status: December 10, 2025
Welcome to Safina AI! These terms of use govern your relationship with DK Tech Solutions UG (Register number: HRB 302584) based in Schwanthalerstr. 141, 80339 Munich, represented by David Schemm and Karsten Kreh, (hereinafter referred to as "Safina AI", "we", or "us") regarding the use of our service. You can reach us via email at info@safina.ai or through the contact details in the imprint on our website.
1. Scope of Applicability, Provider, and Definitions
1.1. Subject Matter and Scope of Applicability
a) Safina AI offers a service in the form of an AI-controlled mailbox and telephone system (hereinafter referred to as "Service"), which helps both private individuals and businesses manage their phone accessibility, receive, analyze, and organize calls. The service is provided through a mobile application (hereinafter referred to as "App") and a web interface.
b) These terms of use (hereinafter referred to as "Conditions") apply to all natural and legal persons (hereinafter referred to as "Users", "You") who use Safina AI’s service, irrespective of whether the use is free of charge (e.g., during a trial phase) or paid within the framework of a subscription. They apply to both consumers and entrepreneurs.
c) For users of the "Enterprise" plan, additional or divergent individual agreements (e.g., separate enterprise contracts, data processing agreements) may apply. Such individual agreements take precedence over these Conditions in the event of contradictions.
d) Contradictory or divergent terms and conditions of the User shall not apply unless we have expressly agreed in writing to their validity.
e) By registering for the service or using the service, you agree to these Conditions.
f) These Conditions are provided in German and English. In the event of deviations or interpretation questions, only the German version shall be authoritative. The currently valid version of these Conditions can be viewed on our website and may be saved or printed. We reserve the right to change these Conditions in accordance with Section 13.
1.2. Definitions
For the purposes of these Conditions, the terms listed below have the following meanings:
"Provider" refers to DK Tech Solutions UG according to clause 1.1 a).
"Caller" is any natural or legal person attempting to reach the User through the phone number forwarded to Safina AI.
"App" refers to the mobile software application of Safina AI for iOS and Android, through which the service can be used and managed.
"DPA" (data processing agreement) refers to the contract according to Art. 28 GDPR, concluded between the User (as the controller) and Safina AI (as the processor), when the User processes personal data through the service as an entrepreneur.
"Service" refers to all services provided by Safina AI, particularly the AI-controlled mailbox and telephone system, including the App, the web interface, and the underlying AI technologies and all associated functions as per the selected plan.
"Content" refers to all data, texts, audio files, information, or materials provided by Safina AI as part of the service, excluding User content.
"AI Assistant" refers to the artificial intelligence provided by Safina AI, which receives calls, conducts dialogues, processes information, and generates reports.
"User" is any natural or legal person who registers for or uses the service.
"User Content" refers to all data, information, texts, audio files (e.g., voice recordings of calls), transcripts, summaries, analyses (e.g., sentiment evaluations), and configurations (e.g., conversation guidelines, contact details) generated, uploaded, or provided by the User or by callers during the use of the service.
"User Account" refers to the personal access area of the User to the service after successful registration.
"Plans" refers to the various subscription models to which the service is offered, currently "Personal", "Professional", and "Enterprise", which differ in functionality, performance limits (e.g., call minutes), and costs. The details of the plans are described on Safina AI's website.
"Trial Phase" refers to a limited period during which the User can test the service or certain features of it free of charge or at reduced costs before a paid subscription begins.
"Entrepreneur" is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 BGB).
"Consumer" is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity (§ 13 BGB).
2. Registration, User Account, Conclusion of Contract, Trial Phase, and Right of Withdrawal
2.1. Requirements for Use
a) The use of the service requires that you are a natural person who has reached the age of 18 and is fully legally capable, or a properly established and represented legal person or partnership.
b) If you use the service on behalf of an organization, a company, or another legal person, you confirm that you have the authority to bind this legal person to these terms. In this case, "User" or "You" refers to this legal person.
2.2. Registration and User Account
a) To use the service, you must register and create a User Account. Registration takes place through the App or our website.
b) You are obliged to provide truthful, current, and complete information during registration and to keep this data up to date throughout the duration of the contract.
c) You are solely responsible for the security of your User Account and your access data (e.g., password). Keep your access data secret and protect it from unauthorized access. You are responsible for all activities that occur through your User Account unless you have no responsibility for the misuse.
d) You are obliged to inform us immediately if you become aware of any unauthorized use of your access data or any other security violation, or if you have corresponding suspicion. Please contact us at info@safina.ai.
2.3. Conclusion of Contract
a) The presentation of the service on our website or in the App does not yet constitute a legally binding offer, but an invitation to submit an offer by you (invitatio ad offerendum).
b) By completing the registration process (e.g., by clicking a button such as "Register", "Create Account", or "Get Started now") and expressly agreeing to these terms of use and our privacy policy, you submit a binding offer to conclude a usage contract for the service.
c) We accept your offer by sending a confirmation email or by activating your User Account and providing the service. With this acceptance, the usage contract is concluded between you and Safina AI.
2.4. Trial Phase
a) We may, at our discretion, offer a free or discounted trial phase for certain plans or features of the service.
b) The duration, scope, and specific conditions of such a trial phase (e.g., available features, minute limits) will be communicated to you before the trial phase begins (e.g., during the registration process, on the plan selection/paywall screen).
c) Unless otherwise specified, the trial phase ends automatically after the agreed duration. If you wish to continue using the service beyond the trial phase, you must choose and complete a paid plan. Otherwise, your access to the tested features will be restricted or blocked after the trial phase ends.
2.5. Right of Withdrawal for Consumers
a) If you use the service as a consumer (according to the definition in Section 1.2), you have a statutory right of withdrawal when concluding a paid plan by remote means.
b) We will inform you separately about your right of withdrawal, the conditions, deadlines, and the procedure for exercising the right of withdrawal as well as about the sample withdrawal form. This information will be made available to you in text form before concluding the paid contract (e.g., by email or as part of the order process) and is also available on our website at any time.
3. Scope of Services, Technical Requirements, and Limitations of the Service
3.1. Description of Services
a) Safina AI provides the User with an AI-controlled service that acts as an intelligent mailbox or telephone system. The service enables incoming calls to be received by an AI Assistant, leads dialogues with callers, processes call information, and makes it available to the User in processed form (e.g., as a summary, transcript, audio recording, analysis) via the App or web interface.
b) The specific range of functions, performance limits (e.g., included call minutes per month, number of AI Assistants), as well as specific features (e.g., spam protection, voice and tonal adjustments, conversation guidelines, CRM integrations, advanced AI evaluations, multilingual capabilities, on-premise hosting, API access) are based on the plan chosen by the User (Personal, Professional, or Enterprise). The detailed description of the services of each plan can be viewed on our website safina.ai and becomes part of the contract.
c) We strive to continuously develop the service. Therefore, we reserve the right to modify, change, or expand the functions and features of the service, provided this is reasonable for the User and the core service range of the booked plan remains intact. Significant changes will be announced according to Section 13.
d) The service is hosted and operated, unless an on-premise solution has been agreed within the framework of an Enterprise contract, on servers in Germany (currently AWS Frankfurt).
3.2. Technical Requirements
a) The use of the service requires a compatible device (e.g., smartphone with the current iOS or Android operating system for App use, computer with current web browser for web interface) as well as a stable internet connection.
b) A requirement for receiving calls through Safina AI 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 the setup, management, and any potential costs of the call forwarding rests exclusively with the User.
c) The User is responsible for ensuring that their hardware and software and their internet connection meet the technical requirements.
3.3. Limitations of the Service and the AI
a) No emergency call function: The service is expressly not intended for placing emergency calls to the police (110), fire department/ambulance service (112), or other emergency services. This also explicitly applies to the function of call forwarding ("Call Transfer"). Safina AI cannot transmit location data. The User is responsible for holding alternative telephony solutions for emergencies.
b) AI Limitations and Error-Prone Nature: The service uses artificial intelligence for functions such as speech recognition, transcription, translation, summarization, sentiment analysis, spam detection, and dialogue management. AI systems are complex and can contain errors or produce unexpected results despite careful development and training. We therefore do not guarantee the absolute absence of errors, accuracy, completeness, or appropriateness of the information and results generated or processed by the AI. This particularly applies, but is not limited to:
The correct recognition and transcription of spoken language.
The factual accuracy of summaries.
The reliability of sentiment analyses or urgency assessments.
The flawless detection of all spam or phishing attempts.
The always appropriate or expected dialogue management by the AI Assistant.
c) Exclusion for Highly Critical Processes, Authentication, and Sensitive Data: The service is not designed for the transmission or processing of highly critical security data or for the authentication of persons (e.g., conducting banking transactions, releasing access data/PINs, transmitting critical health values). The User acknowledges that AI systems can "hallucinate" (i.e., assert false facts plausibly). The User is solely responsible for implementing appropriate security mechanisms (e.g., human verification, 2-factor authentication) outside of Safina AI before initiating transactions, concluding contracts, or disclosing sensitive data based on AI statements. Safina AI is not liable for damages caused by the absence of such security mechanisms.
d) The User acknowledges that the results of AI processing (e.g., transcripts, summaries, analyses) require critical review by the User before decisions are made or actions taken based on them. The responsibility for the use and interpretation of the information provided by the service lies with the User.
4. Availability, Maintenance, and Support
4.1. Availability
a) We strive to provide the service with high availability. However, we do not guarantee uninterrupted or flawless availability of the service, except in cases according to clause 4.1 c). Access to the service may temporarily be restricted or interrupted due to technical disturbances beyond our control (e.g., disturbances in telecommunications networks, power outages, hardware or software errors by third parties) or due to maintenance work.
b) For users of the "Personal" and "Professional" plans, no specific percentage availability (Service Level Agreement - SLA) is guaranteed.
c) For users of the "Enterprise" plan, differing regulations on availability, including guaranteed service levels (e.g., 99.5% availability on an annual average), may be defined in a separate Enterprise contract or a Service Level Agreement (SLA).
4.2. Maintenance
We are entitled to temporarily take the service out of operation for maintenance and optimization purposes ("scheduled maintenance windows"). We will make an effort to announce scheduled maintenance work that will substantially impair the service in advance with an appropriate notice period (e.g., by email or in-app notification) and to carry it out at times of low usage.
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 typically available on weekdays (Monday to Friday, excluding public holidays at the provider's location) between 9:00 AM and 6:00 PM (CET/CEST). We strive to process inquiries promptly, but we do not guarantee specific response times for users of the "Personal" and "Professional" plans.
c) For users of the "Enterprise" plan, extended support services, such as dedicated contacts or guaranteed response times, can be agreed upon within the framework of the separate Enterprise contract.
5. Usage Rights, User Obligations, and Prohibited Activities
5.1. Usage Rights
a) For the duration of the usage agreement, we grant you 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 under an Enterprise Agreement, the specific terms of the API documentation and the Enterprise Agreement shall apply.
c) Any use that goes beyond the scope defined 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 limited to, compliance with data protection laws (GDPR, BDSG, TTDSG), telecommunications law (TKG), competition law, and copyright law.
b) Configuration and setup: Ensure the correct setup and configuration of the service, in particular the setup of call forwarding (see Section 3.2 b)), the management of notification settings, and the configuration of exceptions for contacts that should not be forwarded to Safina AI.
c) Information and consent of callers (Essential): You are solely responsible for ensuring that callers are clearly and understandably informed, prior to forwarding to Safina AI and before the start of the interaction with the AI assistant, about the use of an AI-based service for call handling 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 further solely responsible for obtaining all necessary consents from callers where required by law. This applies in particular if you use functions for audio recording or if 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: Assume sole responsibility for all user content that you provide (e.g. contact data, content for conversation guides, configurations) or that is generated by callers in the context of using the service. You must ensure that your user content is lawful and does not infringe the rights of third parties. You are also responsible for the results generated through the interaction of the AI assistant with callers, especially where these are based on specific instructions or configurations (e.g. prompts, conversation guides) provided by you.
e) Duty of care: Keep your access credentials secure and take all necessary measures to prevent unauthorized use of your account (see also Section 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 obliged to configure these limits in line with their risk profile. The user is fully liable for all charges incurred within the limits set by the user, even if these are caused by an unexpectedly long call duration of the AI, provided there is no technical failure of the limit function itself.
h) Special obligations when using the call transfer function and outbound telephony:
If the user activates functions that allow the AI to forward calls to external numbers or to initiate outbound calls, 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 marketing calls or harassing contacts. The user guarantees that, for every outbound communication or call transfer, the recipient has given explicit consent or there is an existing business relationship. Safina AI reserves the right to immediately suspend accounts if misuse is suspected (e.g. reports to the Federal Network Agency).
Liability for costs and toll fraud: The user bears all costs arising from call transfers initiated via their account. This also applies to costs arising from misuse by third parties (e.g. hacking of access credentials, prompt injection), provided the user is responsible for the security breach. The user is obliged to ensure the security of their account in order to prevent toll fraud.
Geographical restrictions (geo-blocking): Safina AI reserves the right to block call transfers to certain destinations (in particular high-risk countries or satellite area codes) by default to prevent fraud. Unblocking is only carried out after 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 call forwarding to numbers that are listed on “Do-Not-Call” lists.
Data protection during handover: The user ensures that they are authorized to transmit the data collected by the AI agent (e.g. transcripts, summaries) to the recipient in the course of call transfer (e.g. based on appropriate data processing agreements with external call centers).
Human oversight (EU AI Act): If the call transfer is used to hand over 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 under the destination number in order to guarantee human oversight.
5.3. Prohibited Activities
You are prohibited from:
a) Using the service for illegal, fraudulent, harassing, discriminatory, defamatory, obscene, violence-glorifying, or otherwise offensive or harmful purposes, or enabling its use for such purposes.
b) Using the service in a way that infringes the rights of third parties, including but not limited to copyrights, trademarks, patents, trade secrets, personality rights, or data protection rights.
c) Uploading, distributing, or transmitting harmful software (viruses, trojans, worms, etc.) via the service.
d) Misusing the service for unsolicited commercial communications (spam), mass calls without the consent of recipients, or for phishing purposes.
e) Attempting to disrupt, overload, impair, or circumvent the integrity, security, or performance of the service or its underlying systems or networks.
f) Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of the software or technology underlying the service, unless expressly permitted by mandatory law.
g) Copying, modifying, renting, leasing, selling, distributing, or creating derivative works of the service or parts thereof, unless expressly permitted.
h) Circumventing security measures, access controls, or usage restrictions of the service.
5.4. Permitted Use and Industries
Use of the service is permitted for all legally allowed business purposes and industries, as long as the use is in compliance with these terms and all applicable laws.
6. Fees, Payment Terms, and Invoicing
6.1. Paid Plans, Additional Credits, and Fees
a) Subscriptions: Use of the “Personal”, “Professional”, and “Business” plans is based on a subscription model.
Contract conclusion: 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 cannot be carried over to the following month (“use it or lose it”).
b) Usage-based additional services (flexible model): Usage beyond the included volume in the subscription (e.g. additional call minutes, SMS) is charged separately. The type of billing depends on availability in the respective plan and the configuration of the user account. Safina AI reserves the right to offer the following billing models:
Variant 1: Postpaid billing (“pay-as-you-go”): The additional services used are billed retrospectively (postpaid) – usually together with the next subscription invoice or when a defined cost threshold is reached. No credit balance is accumulated in this model.
Variant 2: Prepayment (“prepaid / top-ups”): If Safina AI offers the purchase of credit packages, usage is offset against the prepaid credit.
Validity: Purchased prepaid credit is subject to the statutory limitation period (§ 195 BGB) and is valid for a maximum of three (3) years to 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 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 parties:
Subscription via website: If the subscription or a top-up is purchased via our website, processing is carried out directly by Safina AI (via Stripe).
Subscription via app store: If the subscription is concluded via an app store (Apple/Google), the payment processing for this subscription is governed exclusively by the terms of the respective store operator.
Note: Additional minute packages (top-ups) are generally processed directly by Safina AI (web shop), even if the base subscription was purchased via an app store.
d) Negative balance (technical overdraft): For technical reasons (e.g. latency in real-time billing), actual usage may slightly exceed the available credit. The user acknowledges that such a negative balance constitutes a due claim of Safina AI, which we may offset against the next top-up or collect separately.
6.2. Payment Methods and Processing
a) Payment of the fees for the “Personal” and “Professional” plans is made in advance for the respective billing period (month or year).
b) We offer various payment methods, which are displayed during the order process. Payments are processed via external payment service providers:
When booking via our website: Processing is generally carried out via Stripe (Stripe Payments Europe, Ltd.). You provide your payment details directly to Stripe and authorize Stripe to collect the due fees. The terms of use and privacy policy of Stripe apply.
When booking via the app (in-app purchase): Processing is carried out via the respective app store provider (Apple App Store or Google Play Store), possibly using services such as RevenueCat for subscription management. Payment is processed via your Apple or Google account. The respective terms of use and payment terms of Apple or Google apply. Safina AI receives payment from Apple or Google.
c) For enterprise customers, the payment terms are governed by the Enterprise Agreement (e.g. payment by invoice).
d) You are obliged to ensure that the payment method you provide is valid and has sufficient funds. You are responsible for keeping your payment information up to date.
6.3. Invoicing
a) When 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 business customers based in Germany, German VAT will be shown on the invoice. For business customers based in another EU Member State, the reverse charge mechanism may apply if a valid VAT identification number is provided. For business customers 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 terms. You will receive the invoice from these providers.
6.4. Due Date and Payment Default
a) Subscription fees are due at the beginning of the respective billing period. Usage-based fees (e.g. for Enterprise) are billed and become due in accordance with the individual agreement.
b) If you are in default with your payment obligations, we are entitled, after prior reminder and the setting of 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 overall costs (e.g. for technical infrastructure, personnel, license fees) or feature enhancements.
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 in due time as of the effective date of the price increase. If you do not object within the period specified in the notification, the price increase is deemed accepted. We will explicitly point this out in the notification.
6.6. Refunds
a) As a rule, fees already paid for started or not fully used billing periods are not refunded, unless required by law or expressly stipulated otherwise in these terms.
b) Your statutory right of withdrawal as a consumer (see Section 2.5) remains unaffected. In the event of a valid withdrawal, we will refund the payments you have made in accordance with the statutory provisions.
c) A refund may also be made if we are permanently unable to provide the service, or if termination occurs for good cause for which we are responsible.
7. Data Protection, Data Processing, and Data Processing Agreement (DPA)
7.1. Data Protection Principles
a) The protection of your personal data and the data of your callers is our highest priority. We process personal data exclusively in accordance with applicable data protection laws, in particular the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and the Telecommunications Telemedia Data Protection Act (TTDSG).
b) Detailed information on which personal data we collect and process when providing and using the service, for which purposes this is done, on which legal bases the processing is based, how long the data is stored, to whom it may be disclosed, and which rights you have as a data subject can be found in our separate Privacy Policy. This is available at any time on our website at safina.ai/legal/privacy-policy and is also made available to you during the registration process. The Privacy Policy is an integral part of these terms.
7.2. Data Processing in the Context of the Service
a) To provide the service, we necessarily process various types of data, which may include:
Your registration and contact details (name, email address, company, address, if applicable).
Your configuration data (settings for the AI assistant, conversation guides, contacts).
Call data (caller phone numbers, time, duration of the call).
User content such as call audio recordings (if activated), 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 explicitly state that your user content, in particular audio recordings and transcripts of telephone calls, is not used by us to train our own or third-party AI models.
c) Hosting: Unless an on-premise solution is agreed in an Enterprise Agreement, your data is stored and processed exclusively on servers located in Germany (currently at Amazon Web Services in Frankfurt am Main).
d) Disclosure to service providers: For the technical provision of the service, we use carefully selected technical service providers (sub-processors), e.g. for hosting, telephony connectivity, payment processing, or the provision of specific AI functions (e.g. transcription, voice analysis). Your data is only disclosed to these service providers to the extent necessary for performance of the contract and within the framework of data processing agreements pursuant to Art. 28 GDPR. Your data is not passed on for third-party advertising purposes. Details of the service providers used can be found in our Privacy Policy.
7.3. Data Processing Agreement (DPA) for Business Customers
a) If you use the service as a business customer (as defined in Section 1.2) and, in the course of such use, personal data (in particular data of your callers) is processed by Safina AI on your behalf, you act as a controller within the meaning of Art. 4(7) GDPR and Safina AI acts as a 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 in order to ensure data protection-compliant processing.
c) We 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 business customers for the processing of personal data. You are responsible for concluding the DPA with us in good time before starting the processing of personal data via the service.
8. Intellectual Property, Rights to User Content, and Feedback
8.1. Rights of Safina AI
a) The service, the app, the underlying software, the databases, the “Safina AI” brand, logos, designs, and all content provided by us (with the exception of user content) are protected by copyright and/or other intellectual property laws and are the exclusive property of Safina AI or our licensors.
b) You are only granted the usage rights described in Section 5.1. No further rights are transferred. In particular, you are not permitted to reproduce, distribute, make publicly available, 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 regard to their spoken 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 solely to the extent necessary to provide, maintain, secure, and technically optimize 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) explicitly does not include the right to use your user content (in particular audio recordings or transcripts) for training AI models (neither those of Safina AI nor those of third parties).
8.3. Anonymized Usage Data
Notwithstanding the provisions on user content, we are entitled to collect anonymized and aggregated data on the use of the service (e.g. number of calls, features used, technical performance data) and to use it for statistical analyses, to improve system performance, for error correction, and to optimize the underlying technologies. This data does not allow any conclusions to be drawn about individual users or callers.
8.4. Feedback
If you voluntarily provide us with feedback, ideas, suggestions, or proposals for improvements to the service (e.g. via the feature forum, by email, or 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 provide compensation or attribution.
8.5. Reporting Infringements
If you believe that content within the service infringes your rights (e.g. copyrights, personality rights), please notify us at info@safina.ai with sufficient information to allow us to review the matter. We will review reported infringements and, if necessary, take appropriate measures.
9. Third-Party Services and Integrations
9.1. Use of Third Parties by Safina AI
a) To provide and optimize the service, Safina AI uses various third-party services and technologies. This includes, for example, services in the areas of hosting (e.g. AWS), payment processing (e.g. Stripe, RevenueCat), telephony connectivity (e.g. Twilio), provision of AI functions (e.g. speech recognition, transcription, 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 key third-party providers and sub-processors we use, and information on data processing by them, can be found in our Privacy Policy at safina.ai/legal/privacy-policy.
9.2. Integrations Activated by the User
a) The service may allow you 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) Activating and using such third-party integrations is done on 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 functionality of the integration. The scope of the data exchange is shown to you when setting up the integration.
c) The use of the third-party provider’s services within a third-party integration is governed exclusively by the terms of use and privacy policies of the respective third-party provider. You are responsible for reviewing and complying with these terms.
9.3. Disclaimer for Third-Party Services and Integrations
a) Safina AI is not responsible for the content, availability, functionality, security, or data protection practices of third-party providers or their services, including user-activated third-party integrations.
b) We assume no warranty or liability for acts, omissions, or performance of third-party providers, or for damages arising from the use of or reliance on third-party services or integrations. Any claims in connection with a third-party service or integration must be directed solely 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 any and all claims, demands, actions, damages, losses, costs, and expenses (including reasonable attorneys’ and court fees) asserted by third parties (including callers or supervisory authorities) against us, to the extent that they are based on your culpable breach of these Terms of Use.
b) This indemnification obligation particularly includes, but is not limited to, claims arising from:
A breach of your obligations pursuant to Section 5.2, in particular your obligation to use the service lawfully and to provide required information to callers and obtain their consent (Section 5.2 c)).
An infringement of third-party rights (e.g. copyrights, personality rights, data protection rights) through your user content or your use of the service.
Your failure to comply with applicable laws or regulations in connection with the use of the service.
Any prohibited act carried out by you in accordance with Section 5.3.
c) In the event that claims are asserted against us by third parties, you are obliged to promptly provide us with all information required to examine the claims and to conduct our defense. You will reasonably assist us in defending against such claims. We reserve the right to conduct the defense against such claims ourselves, while you remain obliged to bear the associated reasonable costs.
11. Term, Renewal, and Termination
11.1. Term and Renewal
a) The usage agreement is concluded for an indefinite period.
b) For paid plans (“Personal”, “Professional”), the user selects an initial minimum term when concluding the contract (e.g. monthly or annually). After expiry of the minimum term, the subscription is automatically renewed for the same period (e.g. an additional month or year), unless terminated in due time by either party in accordance with the provisions below.
c) For the “Enterprise” plan, the terms and renewal provisions agreed in the separate Enterprise Agreement apply.
d) The duration of a trial period is governed by Section 2.4. It ends automatically if no paid plan is concluded.
11.2. Termination by the User
a) You may terminate the usage agreement for a free user account (if offered) or a trial period at any time without notice.
b) Paid subscriptions for the “Personal” and “Professional” plans may be terminated by you with fourteen (14) days’ notice to the end of the respective minimum term or the end of the respective renewal period.
c) Termination can conveniently be carried out via the settings in your user account (in the app or web interface). Alternatively, termination is also possible in text form (e.g. by email to info@safina.ai).
d) For termination of an “Enterprise” plan, the notice periods and form requirements set out in the separate Enterprise Agreement 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 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 with payment of due fees despite a reminder and the setting of a reasonable grace period (see Section 6.4 b)).
You become insolvent or insolvency proceedings are opened over your assets or the opening is rejected for lack of assets.
The performance of the contract becomes impossible or unreasonable for us for technical or legal reasons.
11.4. Consequences of Termination
a) Upon the termination becoming effective, your right to use the service ends and your access to the user account will be deactivated.
b) We are entitled to delete your user content stored in the context of the service after expiry of a reasonable period following the end of the contract (as a rule 30 days, unless statutory retention obligations require otherwise). Details regarding 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 good time before the end of the contract if you still need it. We are not obliged to store or provide data for you beyond the end of the contract, unless required by law.
d) Fees already paid for the period after the termination becomes effective will not be refunded, unless termination occurred for good cause attributable to us or a claim exists based on a valid withdrawal (see Section 6.6).
12. Changes to the Terms of Use and the Service
12.1. Changes to the Terms of Use
a) We reserve the right to change these Terms of Use at any time, in particular to adapt them to changed legal or technical conditions, to new features, or to further developments of the service.
b) We will inform 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/in your user account). The notice will contain the planned changes and the effective date.
c) Unless the changes are exclusively to your benefit, are purely editorial in nature, or are required to comply with mandatory legal provisions, the following applies: You have the right to object to the announced changes. Your objection must be received by us in text form (e.g. by email) within thirty (30) days after receipt of the change notice.
d) If you do not object to the changes in due time, 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 consent), as well as to your right of objection and the applicable objection period, in the change notice.
e) If you duly object to the changes, the contract will continue under the previous terms. In this case, however, we reserve the right to ordinarily terminate the usage agreement in accordance with Section 11.3 b) at the next possible date.
f) Changes that are required due to mandatory statutory provisions become effective immediately and do not require your consent or a right of objection, but we will inform you of such changes.
12.2. Changes to the Service
a) We are entitled to continuously further develop the service and to change, adapt, extend, or partially discontinue functions 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, at our own discretion, to change or discontinue them or to offer them only against payment in the future.
c) In the event of material changes to paid services that affect the core of the agreed scope of services and have a detrimental effect on you (e.g. the permanent discontinuation of a central feature of the booked plan), we will inform you thereof with reasonable notice, generally at least 30 days in advance, in text form. In such a case, you have the right to extraordinarily terminate the contract as of the date on which the change becomes effective.
13. International Use
a) The service is operated by the provider from Germany. We do not warrant that the service and its content are suitable or available for use in locations outside the European Union (EU) or the European Economic Area (EEA), or that they comply with local laws there.
b) If you access or use the service from a location outside the EU/EEA, you do so on your own initiative and are solely responsible for complying with all applicable local laws and regulations, including but not limited to data protection laws, telecommunications laws, and any export control regulations.
c) You are responsible for ensuring that your use of the service, including the transfer of data to and from Safina AI, does not violate export control or sanctions laws (e.g. those of the EU, the USA, or other relevant jurisdictions).
14. Governing Law, Place of Jurisdiction, and Dispute Resolution
14.1. Governing Law
a) These Terms of Use and the entire legal relationship between you and Safina AI are governed exclusively by the laws of the Federal Republic of Germany.
b) The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
c) If you are a consumer with your habitual residence in another European Union member state at the time the contract is concluded, the mandatory consumer protection provisions of that country remain unaffected by this choice of law.
14.2. Place of Jurisdiction
a) The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is the registered office of Safina AI (Munich), provided you are a business within the meaning of § 14 BGB, a legal entity under public law, or a special fund under public law.
b) The same applies if you do not have a general place of jurisdiction in Germany or if your place of residence or habitual residence is unknown at the time an action is filed.
c) For consumers, the statutory places of jurisdiction apply.
14.3. Dispute Resolution for Consumers
a) The European Commission provides a platform for online dispute resolution (ODR), which you can find at ec.europa.eu/consumers/odr.
b) Our email address is: info@safina.ai.
c) We are willing to participate in dispute resolution proceedings before a consumer arbitration board under the German Consumer Dispute Resolution Act (VSBG).
15. Final Provisions
15.1. Entire Agreement
a) These Terms of Use, together with the Privacy Policy at safina.ai/legal/privacy-policy and, where applicable, the Data Processing Agreement (DPA) and any individual Enterprise Agreements, constitute the entire agreement between you and Safina AI regarding the use of the service.
b) There are no verbal side agreements. Earlier agreements or arrangements relating to the subject matter of the contract are replaced by these Terms.
15.2. Severability
If individual provisions of these Terms of Use are or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision, a valid and enforceable provision shall be deemed agreed which comes closest to the meaning and purpose as well as the economic result of the invalid or unenforceable provision. The same applies if these Terms prove to be incomplete.
15.3. Assignment
a) You may transfer your rights and obligations under this usage agreement to third parties only with our prior written consent. § 354a HGB remains unaffected.
b) We are entitled to transfer this contract, with all rights and obligations, in whole or in part to an affiliated company within the meaning of §§ 15 et seq. AktG or to a legal successor in the context of a business transfer (e.g. sale, merger). In the event of such a transfer, we will inform you in good time. If you are a consumer, you have the right, in the event of a transfer of the entire contract to another company, to terminate the contract without notice.
15.4. Force Majeure
Neither party shall be liable for failure or delay in the performance of its contractual obligations to the extent such failure or delay is due to circumstances beyond its reasonable control and which it could not have foreseen or prevented even with the exercise of utmost care (“force majeure”). This includes, in particular but not limited to, natural disasters, fire, floods, war, terrorism, riots, epidemics, pandemics, governmental orders, embargoes, significant disruptions of telecommunications networks or energy supplies, and labor disputes. The affected party will inform the other party without undue delay of the occurrence and the expected duration of the force majeure event and will use all reasonable efforts to minimize its impact. The obligations to perform shall be suspended for the duration of the force majeure event.
15.5. Contact
If you have any questions regarding these Terms of Use or the service, you can contact us using the contact details set out in Section 1.1 a) or in the imprint on our website at safina.ai/legal/imprint.