Terms of Use

General

The following General Terms and Conditions (“Terms”) of ailloy labs GmbH (Feuerbachstraße 3, 65195 Wiesbaden, Germany, entered in the commercial register at Wiesbaden Local Court under HRB 36393; the “Provider” or “we”) apply to the service “sahmo”. They also contain statutory information about your rights under the rules on distance contracts and electronic commerce.

Scope

These Terms apply to the use of the Provider’s services by consumers (the “User” or “you”) in the version validly incorporated when the contract is concluded.

If you obtain the sahmo app through third-party platforms, in particular the Apple App Store or the Google Play Store, the respective terms of use and business terms of that provider additionally apply to the contractual relationship between you and the platform operator.

A User within the meaning of these Terms is any consumer who uses the services of sahmo. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

sahmo may only be used by persons aged 18 and over.

We agree on German or English, as chosen by you before the contract is concluded, as the language of the contract and of the consumer information. Mandatory statutory language requirements remain unaffected.

Deviating terms of the User are not recognised.

What sahmo provides

Services within the meaning of these Terms are the services offered under the name “sahmo” for AI-supported transcription and analysis of audio content. You can record your own thoughts and conversations directly or upload existing audio files. On this basis, sahmo creates a transcript and a structured analysis of the respective recording. The services are intended to make the content and characteristics of communication visible and to support your personal reflection and interpretation.

We use artificial intelligence (“AI”) systems to provide these services. Transcripts and reports are created automatically by AI systems. Their quality and suitability depend in particular on the quality, type and scope of the audio content provided. AI-generated content may contain errors or be unsuitable in individual cases. Neither we nor the service providers we use process user data to train AI models. Personal data is processed as part of AI-supported transcription and analysis in order to provide the contractually agreed service. Further details are set out in our Privacy Policy.

Conclusion of contract and provision of access

Using sahmo within the free allowance is free of charge. Registering a user account is not required for the first report.

When you first open the app, we provide these Terms to you and you accept them in a separate confirmation step. In doing so, you submit an offer to conclude a free usage contract. We accept this offer by making the app available for you to use.

Registration is required in order to store reports in a personal user account. The Terms you accepted when you first opened the app continue to apply to your user account.

You order the paid Premium subscription through the Apple App Store or Google Play. Details are set out in the following section.

Scope of services and payment

Without a user account, you can have one recording analysed.

With a user account and without Premium, you can create up to three reports in total. A report created without a user account that you transfer to your user account counts towards them. This use is free of charge. Once this allowance is used up, you need Premium to create further reports. Your existing reports remain available.

With Premium, you can create a limited number of reports per billing month. Once the allowance of a billing month is used up, new reports are possible from the next billing month. With annual payment, the allowance is also calculated monthly. Unused units expire at the end of their billing month.

Premium is available with monthly or annual billing. The store shows you the price in your currency before you buy. In the European Union and the European Economic Area, it includes statutory VAT; in other countries, the purchase dialogue shows whether taxes are included or added.

You order Premium through the Apple App Store or Google Play. The contract is concluded according to the ordering and confirmation process described there. The store shows you who the seller of the paid subscription is; additional information for the United States is set out in the section “Special provisions for users in the United States”. The provider of the sahmo services is ailloy labs GmbH.

The store handles payment and provides the receipts. We do not receive complete card or bank account details, but the purchase, transaction and entitlement information required to manage your subscription, as described in our Privacy Policy. Statutory claims against us remain unaffected.

The section “Term and termination” applies to the continuation and cancellation of the subscription.

Term and termination

The free usage contract is concluded for an indefinite period. There is no minimum term.

You may end the usage contract at any time without notice period. If you have a user account, you can do so in particular by deleting the account using the corresponding function in the app. You can also declare termination by email to info@ailloy.io. If you have already uninstalled the app, you can request deletion of your account.

Premium is billed monthly or annually and continues for a fee until you cancel. You manage it in the subscription settings of your Apple or Google account; “Manage subscription” in sahmo takes you there. Cancellation generally takes effect at the end of the current billing period. More favourable statutory rights or store rules, in particular on earlier termination and pro rata refunds, remain unaffected. Deleting your sahmo account does not automatically end billing by the store. You can also exercise statutory termination rights against us at info@ailloy.io.

Statutory rights to extraordinary termination remain unaffected.

Usage rights and conduct

We grant you a simple, non-transferable licence, limited to the term of the contract, to use the sahmo services for your own non-commercial purposes.

You must use the sahmo services lawfully and in accordance with these Terms. The following are prohibited in particular: infringing personality rights, copyrights, trademarks or other third-party rights; automated extraction of data (scraping); circumventing access restrictions; reverse engineering, unless permitted by law; and resale or sublicensing. We may remove or block content if there are specific indications of legal violations or breaches of these Terms and the measure is necessary and proportionate.

You may only record or upload audio content for which you hold the rights required to record, transmit and process it. Before recording or uploading, inform all speakers about the recording, its transmission to ailloy labs GmbH and its service providers, the AI-supported analysis and the speaker separation based on temporary voice characteristics, and provide them with our Notice for other people in recordings, including the Privacy Policy linked there. Only start if everyone agrees; this also applies where local law only requires the consent of one participant. Merely receiving a voice message is not sufficient. For sensitive information about other people, the additional consent requirements in section 6.5 of the Privacy Policy apply; you must document required consents and be able to prove them upon legitimate request. You may only pass on or publish recordings and results where you are entitled to do so; uses permitted by law remain unaffected. sahmo may not be used to monitor or assess employees or job applicants. Our own statutory obligations remain unaffected.

You may use all content provided by us only within the scope of the usage rights granted under the contract. Using it to train, improve or operate AI systems of third parties is not permitted without our prior explicit consent. Your rights to your own submitted content remain unaffected.

Where a user account exists, you are responsible for safeguarding your login credentials and must inform us without delay if you suspect unauthorised use or misuse.

Reservation of changes

Changes to these Terms

We may change these Terms for good cause, in particular due to changed statutory requirements, supreme court rulings, or mandatory security and functional adjustments. The change takes effect unless you object within 30 days of receiving the notification. We will inform you of intended changes in text form at least 30 days before they take effect. The notification contains the wording of the amended provisions, an understandable explanation of the adjustments, and an explicit note that the changes take effect unless you object within the stated period.

Price adjustments

We may adjust the prices for Premium. We will notify you of a price change in text form at least 30 days before it takes effect. Changed prices apply from the next renewal. If you do not agree to the change, you can cancel before it takes effect. The rules of the respective store for price changes to running subscriptions apply in addition.

Free use within the free allowance does not automatically convert into paid use. A payment obligation arises only if you explicitly buy Premium in the store.

Changes to the services

We may adjust the services, including the functions of the sahmo app, where this serves to maintain conformity with the contract, security or functionality, to implement statutory requirements, or where the adjustment is minor and reasonable for you.

We will inform you in good time and in a clear form on a durable medium about changes that are not merely beneficial or minor.

If changes lead to more than an insignificant impairment and you do not retain access to the unchanged service and its usability, you may end the contract free of charge within 30 days of receiving the information about the change or of the change taking effect, whichever is later.

Consequences of rejecting changes

If you object to a change within the period or do not agree to a material change, the contract continues on the previous terms. In this case, we may terminate the contractual relationship in text form with 30 days’ notice from receipt of the termination.

We may also terminate the contract extraordinarily with effect from the intended date on which the rejected change would have taken effect, provided there is good cause for the change and we communicated the intended changes and the special right of termination in text form 30 days before the planned effective date. In the case of such termination, the contract ends at the end of the day on which the rejected changes would have taken effect.

Availability, technical requirements and updates

We owe an average availability appropriate to the services. Planned maintenance windows and unavoidable outages, for example due to force majeure, are reserved.

Use requires a compatible device, a current version of the sahmo app and internet access. Updates may change the technical requirements.

The contractually agreed digital services are provided in accordance with the contract, and necessary security and functional updates are made available. You are obliged to install the updates provided.

Liability

We are liable in cases of intent and gross negligence. In the event of a slightly negligent breach of material contractual obligations that are of particular importance for achieving the purpose of the contract and on whose fulfilment you were entitled to rely, we are liable for foreseeable damage typical of this type of contract. Otherwise, liability for slight negligence is excluded. The above limitations of liability do not apply to culpable injury to life, body or health.

Statutory liability privileges for third-party content remain unaffected. They do not exclude our responsibility for our own services, our own analyses or compliance with our data protection obligations.

The services of sahmo serve informational purposes and self-reflection only. In crisis situations or emergencies, please contact local emergency numbers without delay or make use of suitable support services. sahmo does not provide acute or emergency intervention.

Data protection

You can find information about the processing of personal data in our Privacy Policy, available in the app and on our website.

Special provisions for users in the United States

The following provisions apply additionally if your habitual residence is in the United States. In the event of any conflict, they take precedence over the remaining Terms to the extent permitted by law. Mandatory statutory rights remain unaffected.

Purchases via the stores

In the United States, you can buy Premium through the Apple App Store or Google Play. Your contractual partner for the subscription and the sahmo services is ailloy labs GmbH. Apple Inc. or Google LLC act as our agents for these purchases and handle payment processing, purchase confirmation and the provision of receipts under their own terms.

Apple and Google are not parties to your usage contract with us. We are responsible for sahmo, its maintenance and support. Where the Apple terms require this, Apple and its subsidiaries are third-party beneficiaries of the app licence granted under these Terms and may enforce it against you. The stores’ statutory obligations remain unaffected.

Prices and taxes

The store shows you the prices in US dollars. The store shows any additional sales tax or comparable taxes before you confirm the purchase.

Automatic renewal

Premium is concluded for one month or one year and renews automatically for the chosen period at the agreed price until you cancel. Lawfully agreed price changes are reserved. The first payment is charged to your Apple or Google account at purchase. Under the store terms, subsequent payments may be collected before the start of the next period.

You can turn off automatic renewal in the subscription management of your Apple or Google account; “Manage subscription” in sahmo takes you there. Cancellation generally takes effect at the end of the current billing period; Premium remains usable until then. More extensive statutory cancellation and refund rights remain unaffected.

We remind you of your running subscription by email at least once a year. For annual subscriptions, the reminder is sent 30 days before renewal. It states the price, billing interval, next renewal date, how to cancel and our contact details.

Withdrawal and refunds

We do not grant an additional voluntary fourteen-day right of withdrawal; the withdrawal instruction at the end of these Terms does not apply to you. Statutory withdrawal, cancellation and refund rights remain unaffected. You can also use the refund procedures of the respective store. If you have questions, you can reach us at info@ailloy.io.

What sahmo is and is not

sahmo creates transcripts and reports automatically with AI. The results serve information and your own reflection. They are not a diagnosis, therapy or professional advice and do not replace a qualified professional. sahmo is not an emergency service; if you are in immediate danger, call 911. Use is only permitted from the age of 18.

Recordings of other people

You must comply with the laws that apply to the recording and its use, including, where applicable, the laws of the places where other participants are located. The general recording requirements of these Terms apply without restriction. Our own statutory obligations remain unaffected.

Service quality and liability

The general provisions of these Terms on providing the services in accordance with the contract, on updates and on liability also apply to you. AI-generated transcripts and reports may contain errors; this notice does not limit your statutory rights in respect of defects and damages. Mandatory rights under applicable US law remain unaffected.

Governing law and disputes

This contract is governed by the substantive law of the US state in which you have your habitual residence when the contract is concluded, and by applicable US federal law. The general choice of German law does not apply to you.

These Terms contain no arbitration agreement and no class action waiver. You may bring claims against us before the courts at your place of residence or in Wiesbaden, Germany, including before a small claims court where it has jurisdiction. We may only bring claims against you before the courts at your place of residence. Mandatory statutory places of jurisdiction remain unaffected.

If you have complaints, you can contact info@ailloy.io. Contacting us first is voluntary and not a prerequisite for court relief or other statutory remedies.

Notice for California residents

Provider: ailloy labs GmbH, Feuerbachstraße 3, 65195 Wiesbaden, Germany, info@ailloy.io. You can reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Miscellaneous

German law applies. For consumers habitually resident in the European Union or the European Economic Area, the mandatory consumer protection provisions of their state of residence remain unaffected. For users habitually resident in the United States, the choice of law in the section “Special provisions for users in the United States” applies instead.

For users habitually resident in the United States, the English version of these Terms is authoritative.

The statutory provisions apply to the place of jurisdiction.

Should individual provisions of these Terms be invalid, the validity of the remaining Terms remains unaffected. The statutory provision applies in place of the invalid provision.

Right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement, for example a letter sent by post or an email:

ailloy labs GmbH
Feuerbachstraße 3
65195 Wiesbaden
Germany
Email: info@ailloy.io

You may use the attached model withdrawal form, although this is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send your notification concerning the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

An effective withdrawal ends your commitment to the free usage contract concluded with us. No usage fees and no compensation for value for services already provided apply to that contract.

Premium subscriptions from the stores

You buy Premium through the Apple App Store or Google Play. Where the store is the seller, you address declarations of withdrawal from the purchase contract to the store and can use its procedures for cancellation and refunds. Store procedures do not limit your statutory rights. Our own statutory obligations remain unaffected. The withdrawal instruction above concerns the free usage contract with us; the section “Special provisions for users in the United States” is reserved.

Model withdrawal form

If you want to withdraw from the contract, please complete this form and send it back.

To:
ailloy labs GmbH
Feuerbachstraße 3
65195 Wiesbaden
Germany
Email: info@ailloy.io

I/we (*) hereby give notice that I/we (*) withdraw from my/our contract for the provision of the following service:

__________________________________

Ordered on:
__________________________________

Name of consumer(s):
__________________________________

Address of consumer(s):
__________________________________

Signature of consumer(s), only if this form is notified on paper:
__________________________________

Date:
__________________________________

(*) Delete as appropriate.

The German version of these Terms is authoritative. This English version is provided for convenience.