Terms of Use of Safina AI
As of: April 20, 2025
Welcome to Safina AI! These terms of use govern your relationship with DK Tech Solutions UG (in formation, commercial register entry to follow shortly) based at 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 of our website.
1. Scope, Provider, and Definitions
1.1. Subject and Scope
a) Safina AI offers a service in the form of an AI-driven mailbox and telephone switchboard (hereinafter referred to as "Service"), which supports both individuals and businesses in managing their telephone accessibility, receiving, analyzing, and organizing calls. The service is provided via a mobile application (hereinafter referred to as "App") and a web interface.
b) These terms of use (hereinafter referred to as "Terms") apply to all natural and legal persons (hereinafter referred to as "Users", "You") who use the service of Safina AI, regardless of whether the use is free of charge (e.g., during a trial period) or for a fee as part of a subscription. They apply to both consumers and entrepreneurs.
c) For users of the "Enterprise" plan, additional or differing individual agreements (e.g., separate enterprise contracts, data processing agreements) may apply. Such individual agreements take precedence over these terms in case of contradictions.
d) Conflicting or deviating terms of the user do not apply unless we have expressly agreed to their validity in writing.
e) By registering for the service or using the service, you agree to these terms.
f) These terms are provided in both German and English. In the event of discrepancies or interpretation issues, only the German version is authoritative. The latest version of these terms is available on our website and can be stored or printed from there. We reserve the right to change these terms in accordance with Section 13.
1.2. Definitions
In the context of these terms, the following terms have the following meanings:
"Provider" means DK Tech Solutions UG in accordance with Section 1.1 a).
"Caller" means any natural or legal person who attempts to reach the user via the telephone number forwarded to Safina AI.
"App" refers to the mobile software application from Safina AI for iOS and Android through which the service can be used and managed.
"DPA" (Data Processing Agreement) refers to the contract in accordance with Art. 28 GDPR that is concluded between the user (as the controller) and Safina AI (as the processor) when the user processes personal data using the service as an entrepreneur.
"Service" refers to the entirety of services provided by Safina AI, particularly the AI-driven mailbox and telephone switchboard, including the app, web interface, underlying AI technologies, and all associated features according to the chosen plan.
"Content" refers to all data, texts, audio files, information, or materials provided by Safina AI in the context of the service, excluding user content.
"AI Assistant" refers to the artificial intelligence provided by Safina AI that receives calls, conducts dialogues, processes information, and generates reports.
"User" means 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 assessments), and configurations (e.g., conversation guides, contact details) that are generated, uploaded, or provided by the user or callers in the course of using the service.
"User Account" refers to the user's personal access area to the service following successful registration.
"Plans" refers to the various subscription models under which the service is offered, currently "Personal", "Professional", and "Enterprise", which differ in features, performance limits (e.g., call minutes), and costs. The details of the plans are described on Safina AI's website.
"Trial Period" refers to a limited time during which the user can test the service or specific functions 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 acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction (§ 14 BGB).
"Consumer" is any natural person who concludes a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activity (§ 13 BGB).
2. Registration, User Account, Conclusion of Contract, Trial Period, and Right of Withdrawal
2.1. Requirements for Use
a) Use of the service requires that you are a natural person who has reached the age of 18 and is fully legally competent, or a properly established and represented legal person 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 this legal entity to these terms. In this case, "User" or "You" refers to this legal entity.
2.2. Registration and User Account
a) To use the service, you must register and create a user account. Registration takes place via the app or our website.
b) You are required to provide truthful, current, and complete information during registration and keep this data up to date throughout the duration of the contract.
c) You are responsible for the security of your user account and access data (e.g., password). Keep your access data confidential and protect it from third-party access. You are responsible for all activities that occur through your user account unless you can prove that misuse was not your fault.
d) You must inform us immediately if you become aware of unauthorized use of your access data or any other security breach or have a corresponding suspicion. Please contact us at info@safina.ai.
2.3. Conclusion of Contract
a) The presentation of the service on our website or in the app does not yet constitute a legally binding offer but an invitation to submit an offer from you (invitatio ad offerendum).
b) By completing the registration process (e.g., by clicking a button like "Register", "Create Account", or "Get Started") and expressly agreeing to these terms of use and our privacy policy, you submit a binding offer to conclude a user contract for the service.
c) We accept your offer by a confirmation email or by activating your user account and providing the service. With this acceptance, a user contract is concluded between you and Safina AI.
2.4. Trial Period
a) We may, at our discretion, offer a free or discounted trial period for certain plans or functions of the service.
b) The duration, scope, and specific terms of such trial period (e.g., available functions, minute limits) will be communicated to you before the start of the trial period (e.g., during the registration process, on the plan selection/paywall screen).
c) Unless otherwise specified, the trial period automatically ends after the agreed duration. If you wish to continue using the service beyond the trial period, you must select and conclude a paid plan. Otherwise, your access to the tested functions will be restricted or blocked after the end of the trial period.
2.5. Right of Withdrawal for Consumers
a) If you use the service as a consumer (according to the definition in Section 1.2), you are entitled to a statutory right of withdrawal upon concluding a paid plan in 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 the model withdrawal form. This withdrawal notice will be provided to you in text form before entering into the paid contract (e.g., via email or as part of the ordering process) and is also available at any time on our website.
3. Scope of Services, Technical Requirements, and Limitations of the Service
3.1. Service Description
a) Safina AI provides the user with an AI-driven service that acts as an intelligent mailbox or telephone switchboard. The service allows incoming calls to be received by an AI assistant, conducts dialogues with callers, processes call information, and makes it available to the user in formatted form (e.g., as a summary, transcript, audio recording, analysis) via the app or web interface.
b) The specific functional scope, 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 evaluations, multilingualism, on-premise hosting, API access) depend on the plan chosen by the user (Personal, Professional, or Enterprise). The detailed description of the services 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. Therefore, we reserve the right to adjust, change, or extend functions and features of the service as long as this is reasonable for the user and the core service scope of the booked plan remains intact. Substantial changes will be announced according to Section 13.
d) The service is hosted and operated on servers in Germany (currently AWS Frankfurt), unless an on-premise solution is agreed as part of an enterprise contract.
3.2. Technical Requirements
a) The use of the service requires a compatible end device (e.g., smartphone with a current iOS or Android operating system for app usage, computer with a current web browser for web interface usage) as well as a stable internet connection.
b) A prerequisite for receiving calls via 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 setting up, managing, and any costs incurred for call forwarding lies solely with the user.
c) The user is responsible for ensuring that their hardware and software, as well as their 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 for placing emergency calls to police (110), fire/rescue service (112), or other emergency services. The user is responsible for ensuring that emergency calls are made via conventional telephone connections.
b) AI limitations and susceptibility to errors: The service utilizes artificial intelligence for functions such as speech recognition, transcription, translation, summarization, sentiment analysis, spam detection, and dialogue management. AI systems are complex and may contain errors or deliver unexpected results despite careful development and training. We therefore do not guarantee 100% error-free, accuracy, completeness, or appropriateness of the information and results generated or processed by the AI. This particularly concerns, but is not limited to:
The correct recognition and transcription of spoken language.
The factual correctness of summaries.
The reliability of sentiment analyses or urgency assessments.
The error-free detection of all spam or phishing attempts.
The always appropriate or expected dialogue management by the AI assistant.
c) The user acknowledges that the results of AI processing (e.g., transcripts, summaries, analyses) always require critical 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 trouble-free availability of the service except in the cases according to Section 4.1 c). Access to the service may be temporarily limited or interrupted due to technical failures beyond our control (e.g., disruptions in telecommunications networks, power outages, hardware or software failures on the part of third parties) or due to maintenance work.
b) No specific percentage availability (Service Level Agreement - SLA) is guaranteed for users of the "Personal" and "Professional" plans.
c) For users of the "Enterprise" plan, differing regulations regarding availability, including guaranteed service levels (e.g., 99.5% availability on an annual average), may be specified in a separate enterprise contract or service-level agreement (SLA).
4.2. Maintenance
We are entitled to temporarily take the service offline for maintenance and optimization purposes ("planned maintenance windows"). We will endeavor to announce planned maintenance work that will result in a significant impairment of the service in advance with appropriate notice (e.g., via email or in-app notification) and to carry it out during times of low usage whenever possible.
4.3. Support
a) We provide technical support for the service. Inquiries can be submitted via the channels provided on our website or in the app (e.g., email to info@safina.ai, contact form).
b) Our standard support is usually available on weekdays (Monday to Friday, excluding public holidays at the provider's location) between 9:00 AM and 6:00 PM (CET/CEST). We strive for timely processing of inquiries but do not guarantee specific response times for users of the "Personal" and "Professional" plans.
c) For users of the "Enterprise" plan, extended support services, such as dedicated contact persons or guaranteed response times, may be agreed upon in the context of the separate enterprise contract.
5. Usage Rights, User Obligations, and Prohibited Actions
5.1. Usage Rights
a) We grant you a simple, non-exclusive, non-transferable, non-sublicensable, and revocable right to use the service and the associated app for the duration of the user contract in accordance with these terms and the plan you have chosen. The usage right is limited to the contractually agreed purpose.
b) If access to an application programming interface (API) is granted under an enterprise contract, the specific conditions of the API documentation and the enterprise contract apply.
c) Any use beyond the scope set out in these terms or the chosen plan requires our prior written consent.
5.2. User Obligations
You are obliged to:
a) Lawful Use: Use the service solely in accordance with these terms and all applicable laws and regulations. This includes in particular, but is not limited to, compliance with data protection laws (GDPR, BDSG, TTDSG), telecommunications law (TKG), competition law, and copyright law.
b) Configuration and Setup: Ensure the correct setup and configuration of the service, in particular setting up call forwarding (see Section 3.2 b)), managing notification settings, and configuring 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 about the use of an AI-based service for call acceptance and processing, as well as any recording or storage of the conversation, in accordance with all applicable laws (especially GDPR and TTDSG) before being forwarded to Safina AI and before the interaction with the AI assistant begins. You are also solely responsible for obtaining all required consents from the callers if these are legally required. This applies particularly if you use audio recording functions 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: To bear sole responsibility for all user content you provide (e.g., contact details, content for conversation guides, configurations) or that generated by callers in the course of using the service. You must ensure that your user content is lawful and does not infringe the rights of third parties. You are also responsible for the results that result from the interaction of the AI assistant with callers, especially if these are based on specific instructions or configurations (e.g., prompts, conversation guides) provided by you.
e) Duty of Care: Keep your access data 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 use is correct and up to date (see Section 2.2 b)).
5.3. Prohibited Actions
You are prohibited from:
a) Using the service for unlawful, fraudulent, harassing, discriminatory, defamatory, obscene, violent, or otherwise objectionable or harmful purposes or enabling its use for such purposes.
b) Using the service in a manner that infringes the rights of third parties, including but not limited to copyright, trademark rights, patent rights, trade secrets, personal rights, or data protection rights.
c) Uploading, distributing, or transmitting harmful software (viruses, trojans, worms, etc.) through the service.
d) Misusing the service for unsolicited commercial communication (spam), mass calls without consent of the recipients, or for phishing purposes.
e) Attempting to disrupt, overload, impair, or bypass the integrity, security, or performance of the service, the underlying systems, or networks.
f) Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of the software or technology behind the service unless expressly permitted by mandatory law.
g) Copying, modifying, renting, leasing, selling, distributing, or creating derivative works of the service or parts thereof unless expressly permitted.
h) Bypassing security measures, access restrictions, or usage restrictions of the service.
5.4. Permitted Use and Industries
The use of the service is permitted for all legally permitted business purposes and industries as long as the use is in accordance with these terms and all applicable laws.
6. Paid Plans and Fees
6.1. Paid Plans and Fees
a) The use of the service under the "Personal" and "Professional" plans is paid and is based on a subscription model with recurring fees. The currently applicable prices and billing intervals (e.g., monthly or annually) for these plans are listed on our website safina.ai.
b) The use of the "Enterprise" plan is also paid. Billing is usually based on individual agreements that may provide for a base fee and/or usage-based billing (e.g., per call minute). Details are specified in the separate enterprise contract.
c) All prices listed for consumers include statutory VAT. Prices for entrepreneurs are typically quoted as net prices plus statutory VAT.
d) The use of the service during a trial period according to Section 2.4 is free of charge unless otherwise specified.
6.2. Payment Methods and Processing
a) Payment for the fees of the "Personal" and "Professional" plans is made in advance for the respective billing period (month or year).
b) We offer various payment methods displayed during the ordering process. Payment processing is carried out through external payment service providers:
When booking through our website: Payment processing usually takes place via Stripe (Stripe Payments Europe, Ltd.). You provide your payment data directly to Stripe and authorize Stripe to charge the due fees. The terms of use and privacy policy of Stripe apply.
When booking through the app (in-app purchase): Payment processing occurs through the respective app store provider (Apple App Store or Google Play Store), possibly involving services like RevenueCat for managing subscriptions. Payment is processed via your Apple or Google account. The respective terms of use and payment conditions of Apple or Google apply. Safina AI receives payment from Apple or Google.
c) For enterprise customers, payment terms are specified in the enterprise contract (e.g., payment by invoice).
d) You are responsible for ensuring that the payment method you provide is valid and has sufficient coverage. You are responsible for updating your payment information.
6.3. Invoicing
a) When booking through our website, you will receive an electronic invoice for the fees due (e.g., via email or for download in your user account).
b) For entrepreneurs based in Germany, the German VAT is indicated on the invoice. For entrepreneurs based in another EU member state, the reverse-charge procedure may apply if a valid VAT identification number is provided. For entrepreneurs outside the EU, the respective tax regulations apply.
c) For in-app purchases through the Apple App Store or Google Play Store, invoicing is carried out directly by Apple or Google according to their terms. You will receive the invoice from these providers.
6.4. Due Date and Default
a) Subscription fees are due at the beginning of the respective billing period. Usage-based fees (e.g., for enterprise) are billed according to the individual agreement and become due.
b) If you fall behind on your payment obligations, we are entitled, after prior reminder and setting a reasonable grace period, to temporarily suspend or restrict your access to the service. Further legal rights, especially the assertion of interest in arrears 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, licensing fees) or functional expansions.
b) Price increases for existing subscriptions will be announced to you at least 30 days prior to their effective date in text form (e.g., via email). In the announcement, we will inform you of your right to object to the increased price or to terminate your contract in a timely manner at the time of the price increase taking effect. If you do not object within the period specified in the announcement, the price increase is considered approved. We will separately point this out in the announcement.
6.6. Refunds
a) Generally, there are no refunds for already paid fees for partial or not fully utilized billing periods unless this is legally prescribed or expressly regulated 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 payments made to you in accordance with statutory provisions.
c) A refund may also be granted if we are permanently unable to provide the services or if a termination occurs for a significant reason for which we are responsible.
7. Data Protection, Data Processing, and Order Processing (DPA)
7.1. Data Protection Principles
a) The protection of your personal data and that of your callers is our top priority. We process personal data solely in accordance with applicable data protection laws, particularly the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), and the Telecommunications-Telemedia Data Protection Act (TTDSG).
b) Detailed Information regarding what personal data we collect and process when providing and using the service, the purposes for which this is done, the legal bases for the processing, how long the data is stored, to whom it may be disclosed, and what rights you have as an affected party can be found in our separate Privacy Policy. This is always available on our website safina.ai/legal/privacy-policy and will also be brought to your attention during the registration process. The privacy policy is an integral part of these terms.
7.2. Data Processing in the Context of the Service
a) To provide the service, we necessarily process various data, including but not limited to:
Your registration and contact data (name, email, potentially company, address).
Your configuration data (settings for the AI assistant, conversation guides, contacts).
Call data (telephone numbers of callers, time, duration of the call).
User content such as audio recordings of calls (if activated), transcripts, summaries, and analyses.
Data from integrated third-party systems (e.g., CRM data, calendar data), provided you activate such integration.
b) No AI Training with Your Data: We clarify that your user content, particularly audio recordings and transcripts of phone calls, will not be used by us to train our own or third-party AI models.
c) Hosting: Unless an on-premise solution is agreed within the framework of an enterprise contract, your data will only be stored and processed on servers within Germany (currently with Amazon Web Services in Frankfurt am Main).
d) Disclosure to Service Providers: To technically provide the service, we carefully select technical service providers (sub-processors), e.g., for hosting, telephone integration, payment processing, or providing specific AI functions (e.g., transcription, speech analysis). Your data will only be disclosed to these service providers to the extent necessary for contract fulfillment and within the framework of order processing agreements in accordance with Art. 28 GDPR. Your data will not be disclosed to third parties for advertising purposes. Details regarding the service providers used can be found in our privacy policy.
7.3. Order Processing (DPA) for Entrepreneurs
a) If you use the service as an entrepreneur (according to the definition in Section 1.2) and allow Safina AI to process personal data (especially data of your callers) in the course of this use, you act as the controller within the meaning of Art. 4 No. 7 GDPR and Safina AI as the processor within the meaning of Art. 4 No. 8 GDPR.
b) In this case, the conclusion of a Data Processing Agreement (DPA) according to Art. 28 GDPR between you and us is mandatory to ensure compliant data processing.
c) We provide you with our standard DPA. You can obtain this upon request at info@safina.ai.
d) The conclusion of the DPA is a prerequisite for the lawful use of the service by entrepreneurs for processing personal data. You are responsible for concluding the DPA in a timely manner with us before processing personal data through the service.
8. Intellectual Property, Rights to User Content, and Feedback
8.1. Rights of Safina AI
a) The service, the app, the underlying software, databases, the brand "Safina AI", logos, designs, and all content provided by us (excluding user content) are protected by copyright and/or other laws for the protection of intellectual property and are exclusively owned by Safina AI or our licensors.
b) You are granted only the usage rights described in Section 5.1. No further rights are transferred. In particular, you may not reproduce, distribute, publicly make available, modify, or otherwise exploit the service or parts thereof beyond the granted usage rights.
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 fundamentally with you or the respective rights holder (e.g., the caller regarding their voice contributions, if applicable).
b) However, you grant Safina AI a simple, non-exclusive, worldwide, royalty-free, and valid right for the duration of the user contract to store, reproduce, process, analyze, and present your user content, exclusively to the extent necessary for the provision, maintenance, safeguarding, and technical optimization of the contractually agreed service according to the plan chosen by you.
c) No AI Training: This usage right under Section 8.2 b) does not expressly include the right to use your user content (especially audio recordings or transcripts) for training AI models (neither of Safina AI nor third parties).
8.3. Anonymized Usage Data
Notwithstanding the provisions regarding user content, we are entitled to collect anonymized and aggregated data on the use of the service (e.g., number of calls, features used, technical performance data) for statistical analyses, to improve system performance, for troubleshooting, and to optimize the underlying technologies. This data does not allow tracing back to individual users or callers.
8.4. Feedback
If you voluntarily provide us with feedback, ideas, suggestions, or improvement suggestions regarding the service (e.g., through the feature forum, via email or support inquiry), you grant us an unlimited, irrevocable, worldwide, royalty-free, and unrestricted right to use this feedback for any purposes (including product development, marketing, etc.), to exploit, modify, and publish it without requiring compensation or acknowledgment of your person.
8.5. Reporting of Rights Violations
If you believe that content within the framework of the service violates your rights (e.g., copyright, personal rights), please notify us at info@safina.ai with sufficient information to review the matter. We will review reported violations and take appropriate action if necessary.
9. Third Party Services and Integrations
9.1. Use of Third Parties by Safina AI
a) To provide and optimize the service, Safina AI uses various services and technologies from third parties. This includes, for example, services in the areas of hosting (e.g., AWS), payment processing (e.g., Stripe, RevenueCat), telephone integration (e.g., Twilio), provision of AI functions (e.g., speech recognition, transcription, speech generation by providers such as OpenAI, Google, Deepgram, Elevenlabs), analysis tools (e.g., Posthog), and communication services (e.g., Brevo).
b) A detailed overview of the essential third-party providers and sub-processors we use as well as information on data processing by them can be found in our privacy policy safina.ai/legal/privacy-policy.
9.2. User-activated Integrations
a) The service may offer you the ability to connect your Safina AI account with third-party services not provided by Safina AI (e.g., CRM systems like Pipedrive or Salesforce, calendar services like Google Calendar or iOS Calendar, hereinafter referred to as "Third Integrations").
b) The activation and use of such third integrations is at your own initiative and responsibility. By activating a third integration, you authorize Safina AI to access specific data from your account with the third-party provider and/or transmit data from your Safina AI account to this third-party provider, as far as necessary for the functionality of the integration. The extent of data exchange will be displayed to you when setting up the integration.
c) The use of third-party services within the framework of a third 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 parties or their services, including any third integrations activated by the user.
b) We do not warrant or accept liability for the actions, omissions, or services of third parties or for damages arising from the use of or reliance on services or integrations from third parties. Any claims related to a third-party service or third integration are to be directed to the respective third party.
10. Indemnification
a) You agree to indemnify and hold harmless Safina AI as well as our legal representatives, employees, and agents from any and all claims, demands, lawsuits, damages, losses, costs, and expenses (including reasonable attorney and court fees) asserted by third parties (including callers or supervisory authorities) against us based on your culpable breach of these terms of use.
b) This indemnification obligation includes, in particular but not limited to, claims arising from the following reasons:
A breach of your obligations under Section 5.2, in particular the duty to use legally and to obtain required information and consent from callers (Section 5.2 c)).
A violation of third-party rights (e.g., copyright, personal rights, data protection rights) through your user content or your use of the service.
Non-compliance with applicable laws or regulations by you in connection with the use of the service.
A prohibited action by you in accordance with Section 5.3.
c) In the event of claims by third parties, you are obliged to provide us with all information necessary for the examination of claims and for the defense immediately. You will support us in reasonably defending against such claims. We reserve the right to take over the defense against such claims ourselves, whereby you remain liable for the associated reasonable costs.
11. Contract Duration and Termination
11.1. Duration and Renewal
a) The user contract is concluded for an indefinite period.
b) For paid plans ("Personal", "Professional"), the user selects an initial minimum duration (e.g., monthly or yearly) at the time of concluding the contract. After the minimum duration has expired, the subscription automatically renews for the same period (e.g., another month or another year) unless it is terminated by either party in accordance with the following provisions.
c) The terms agreed upon in the separate enterprise contract apply to the "Enterprise" plan regarding duration and renewal regulations.
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 can terminate the user contract 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 can be canceled with a notice period of fourteen (14) days to the end of the respective minimum duration or the end of the respective renewal period.
c) Termination can be conveniently done through the settings in your user account (in the app or web interface). Alternatively, termination is also possible in text form (e.g., via email to info@safina.ai).
d) For termination of an "Enterprise" plan, the deadlines and forms agreed upon in the separate enterprise contract apply.
11.3. Termination by Safina AI
a) We can terminate the user contract for free services or trial periods at any time with a notice period of 14 days.
b) Paid subscriptions can be regularly terminated with a notice of thirty (30) days to the end of the respective minimum duration or the end of the respective renewal period.
c) The right of both parties to terminate for good cause remains unaffected. A good cause exists for us in particular if:
You seriously or repeatedly violate essential obligations from these terms of use (especially the obligations from Section 5.2 or the prohibitions from Section 5.3).
You are in default of payment of the due fees despite a reminder and reasonable deadline.
You become insolvent or an insolvency process is initiated against your assets or the initiation is denied due to lack of assets.
The fulfillment of the contract becomes impossible or unreasonable for us due to technical or legal reasons.
11.4. Consequences of Termination
a) Upon the effective date of termination, your right to use the service ends, and your access to the user account is deactivated.
b) We are entitled to delete your user content stored in the course of the service after a reasonable period following the end of the contract (generally 30 days, unless there are legal retention obligations to the contrary). Details on data deletion can also be found in our privacy policy.
c) You are responsible for securing and exporting your user content (e.g., transcripts, reports, audio recordings) in a timely manner before the contract ends if you require them afterward. We are not obliged to retain or provide data beyond the end of the contract unless legally prescribed.
d) Fees already paid for the period after the effective date of termination will not be refunded unless the termination was made for a significant reason for which we are responsible or there is a claim due to 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, particularly to adjust them to changed legal or technical framework conditions, new features, or 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., via email or via a notification in the app/in user account). The notification will contain the planned changes and the effective date.
c) Unless the changes are solely to your advantage, purely editorial in nature, or serve to comply with mandatory legal regulations, the following applies: You have the right to object to the announced changes. Your objection must be received by us in text form (e.g., via email) within thirty (30) days after you receive the notice of change.
d) If you do not object to the changes in a timely manner, the modified terms of use shall be deemed accepted by you as of the announced effective date. We will explicitly inform you of this consequence (deeming approval) as well as your right to object and the deadline in the change notification.
e) If you object to the changes in a timely manner, the contract will continue under the previous terms. However, we reserve the right to terminate the user contract properly in accordance with Section 11.3 b) at the earliest opportunity.
f) Changes that are necessary due to mandatory legal requirements shall take effect immediately and do not require approval or objection; however, we will inform you about such changes.
12.2. Changes to the Service
a) We are entitled to continuously develop the service and to change, adjust, expand, or partially discontinue functions or components of the service to improve the service, adapt to technical developments, or respond to market changes.
b) In the case of free services or features, we are entitled at any time, at our discretion, to change, discontinue, or only offer them for a fee in the future.
c) In the event of material changes to paid services that affect the core of the agreed scope of services and negatively impact you (e.g., the complete discontinuation of a central function of the booked plan), we will inform you of this with a reasonable notice period, usually at least 30 days in advance, in text form. In this case, you have the right to terminate the contract extraordinarily at the time of the change becoming effective.
13. International Use
a) The service is operated by the provider from Germany. We do not guarantee that the service and its contents are suitable or available for use at locations outside the European Union (EU) or the European Economic Area (EEA) or comply with the local laws applicable there.
b) If you access or use the service from a location outside the EU/EEA, you do so at your own initiative and are solely responsible for compliance with all applicable local laws and regulations, including but not limited to data protection laws, telecommunications laws, and any export control regulations.
c) You are responsible for ensuring that your use of the service, including the transmission of data to and from Safina AI, does not violate export controls or sanction laws (e.g., of the EU, USA, or other relevant jurisdictions).
14. Applicable Law, Jurisdiction, and Dispute Resolution
14.1. Applicable Law
a) These terms of use and the entire legal relationship between you and Safina AI shall be governed exclusively by the law of the Federal Republic of Germany.
b) The application of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention/CISG) is excluded.
c) If you are a consumer with a habitual residence in another country of the European Union at the time of concluding the contract, the mandatory consumer protection regulations of that country remain unaffected by the choice of law.
14.2. Jurisdiction
a) The exclusive jurisdiction for all disputes arising from or in connection with this contract is the registered office of Safina AI (Munich), provided that you are an entrepreneur 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 have no general jurisdiction in Germany or your residence or habitual residence is unknown at the time the action is brought.
c) The statutory jurisdictions apply to consumers.
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 a dispute resolution procedure before a consumer arbitration board under the Consumer Dispute Resolution Act (VSBG).
15. Final Provisions
15.1. Entire Agreement
a) These terms of use, together with the privacy policy safina.ai/legal/privacy-policy and, 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) No oral side agreements exist. Previous agreements or arrangements regarding the subject matter of the contract are replaced by these terms.
15.2. Severability Clause
If individual provisions of these terms of use are or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision, an effective and enforceable provision is deemed agreed upon, which comes closest to the meaning and purpose as well as the economic result of the invalid or unenforceable provision. Correspondingly, this applies if these terms prove incomplete.
15.3. Assignment
a) You may only assign your rights and obligations under this user contract to third parties with our prior written consent. § 354a HGB remains unaffected.
b) We are entitled to transfer this contract with all rights and obligations in whole or in part to an affiliated company within the meaning of §§ 15 et seq. AktG or to a legal successor within the framework of a business transfer (e.g., sale, merger). In the event of such a transfer, we will inform you in a timely manner. If you are a consumer, you have the right to terminate the contract without notice in the event of a transfer of the entire contract to another company.
15.4. Force Majeure
Neither party shall be liable for the non-fulfillment or delayed fulfillment of their contractual obligations insofar as it is based on circumstances beyond their reasonable control and which they could not foresee or prevent even with the utmost care ("Force Majeure"). This includes, but is not limited to, natural disasters, fire, floods, war, terrorism, riots, epidemics, pandemics, government orders, embargoes, significant disruptions to telecommunications networks or energy supply as well as labor disputes. The affected party shall promptly inform the other party of the occurrence and the expected duration of the event of Force Majeure and shall undertake all reasonable efforts to minimize the effects. The performance obligations are suspended for the duration of the event of Force Majeure.
15.5. Contact
For questions regarding these terms of use or the service, you can reach us via the contact details mentioned in Section 1.1 a) or in the imprint on our website safina.ai/legal/imprint.