Terms & Conditions

Last updated: June 01, 2024

Please read these Terms and Conditions carefully before using Our Service.

§ 1 Scope and Contracting Parties

These General Terms and Conditions govern the use of the ValueFlow platform (hereinafter "Service") by deep choice UG (haftungsbeschränkt), Mühlenstraße 8 A, 14167 Berlin (hereinafter "Provider"). They apply to contracts with entrepreneurs (§ 14 BGB) and consumers (§ 13 BGB). Mandatory consumer protection provisions remain unaffected and take precedence over conflicting regulations in these Terms. Individual agreements between the parties take precedence over these Terms.

§ 2 Service Description

The provider offers a cloud-based Software-as-a-Service platform for AI-powered voice interviews. Customers can configure interviews, conduct them, and retrieve recordings, transcripts and evaluations (hereinafter "Studio"). The specific scope of services, any usage limits (e.g., token and minute quotas), the selected server region and prices are determined by the respective booked plan.

No AI Model Training

Customer data is not used for training AI models, unless the customer has previously explicitly activated a corresponding opt-in function (e.g., Beta/Preview).

Telemetry and Product Analysis

For billing, security, error analysis and improvement of the service, the provider evaluates usage data and technical metadata (e.g., call frequencies, feature usage, performance/error metrics, token/minute consumption, configuration metadata). Interview conversation content (audio and transcripts) is not evaluated for this purpose, unless the customer has previously expressly consented to content evaluation (e.g., in the context of a beta/support opt-in).

§ 3 Contract Conclusion in Online Checkout

The presentation of plans on the web does not constitute a binding offer. A contract is concluded when customers complete the ordering process and the provider confirms the contract conclusion (e.g., in-app notice or email). Contract language is English; German may optionally be offered. Customers can correct input errors until submitting the order. The contract text is stored by the provider and is viewable in the account.

§ 4 Trial Period

If offered, the service can be used free of charge during a trial period. The trial period ends automatically upon expiration of the specified period or by switching to a paid plan. Data from trial periods may be deleted after their completion, provided no paid contract is continued and no legal retention obligations conflict.

§ 5 Prices, Billing and Taxes

The prices of the selected plan displayed at the time of booking apply. For consumers, prices are understood to be gross including statutory VAT. For entrepreneurs, prices may be displayed net plus VAT. Token/minute quotas are usage quotas; usage beyond this may be calculated additionally according to the respectively published rates. Invoices are provided electronically; payment is made via the offered payment methods.

Price Adjustments

The provider can adjust fees with effect for the future. Increases are communicated at least six weeks before becoming effective. If increases exceed 5% per year, customers have a special termination right at the time of effectiveness.

§ 6 Withdrawal Rights for Consumers in Digital Services

Withdrawal notice: Consumers have the right to withdraw from the contract within 14 days without giving reasons. The period begins with contract conclusion. A clear declaration is sufficient for exercise, e.g., by email to contact@valueflow.ai. Timely dispatch of the declaration is sufficient to meet the deadline.

Consequences of Withdrawal

In case of withdrawal, the provider refunds all payments made by consumers immediately and at the latest within 14 days of receipt of the withdrawal declaration via the same payment method used in the original transaction, unless otherwise agreed.

Commencement of Performance Before Expiry of Period / Expiry

If consumers wish the provider to commence performance before expiry of the withdrawal period, they must expressly consent to this and confirm that the right of withdrawal expires when the contract is fully performed. In case of partial use until withdrawal, the provider may demand compensation.

Sample Withdrawal Form

(1) To: deep choice UG (haftungsbeschränkt), Mühlenstraße 8 A, 14167 Berlin, Email: contact@valueflow.ai
(2) I/we hereby withdraw from the contract concluded by me/us for the provision of the following service ().
(3) Ordered on ()/received on (): …
(4) Name and address of the consumer(s): …
(5) Signature (only for paper communication): …
(6) Date: …
() Cross out what does not apply.

§ 7 Availability, Maintenance and Support

The provider operates the service with high care and strives for high availability. If no separate Service Level Agreement (SLA) exists, no specific availability is guaranteed. Maintenance work is announced in advance - if possible. Support is provided according to the booked plan.

§ 8 Customer Obligations and Permissible Use

Customers are obliged to keep access data secret and use the service only within the legal framework. They ensure that all required legal bases and consents (especially for audio recordings and any data transfers to third countries) are in place for interviews and that legal information obligations are fulfilled. Content and prompts must not violate third-party rights and must not violate applicable law. Special categories of personal data within the meaning of Art. 9 GDPR (e.g., health data) may only be processed if this is contractually expressly permitted and technically secured. A fair use principle prohibits abusive, mass automated use that impairs operations.

In case of violations, the provider may remove content and temporarily block accounts; further rights remain unaffected.

§ 9 Data Processing, Data Processing Agreement and Telemetry

The provider processes customer data in the context of service provision. If the provider processes personal data on behalf of others, the Data Processing Agreement (DPA) according to Art. 28 GDPR applies, which is part of the contract. The use of sub-processors is permitted; a current list is provided.

Telemetry and Product Analysis

§ 10 Rights to Content and Usage Rights

Rights to content and data provided by customers remain with customers. Customers grant the provider the simple, spatially and temporally limited usage rights necessary for service provision (especially storing, reproducing, transmitting, displaying and technical processing). Feedback and improvement suggestions may be used by the provider for further development of services without giving rise to a compensation claim. All rights to the service, the underlying software and the technical infrastructure remain with the provider.

§ 11 Marketing and Reference Use (Opt-out)

The provider is entitled to use the name and company logo of customers as a reference in appropriate form, e.g., on the website, in presentations, pitch decks, social media channels as well as in PR and sales materials. Commercial use beyond this (e.g., testimonials or case studies) only occurs after prior consent. Customers can object to reference use at any time with effect for the future by email to contact@valueflow.ai. The provider removes references on digital channels within 30 days of receipt of the objection; in printed materials, removal occurs with the next regular reprint. Trademark and brand rights of customers remain unaffected; brand guidelines are observed, and logos are not altered. A recommendation or partnership is not suggested unless expressly agreed. Deviating confidentiality agreements or white-label agreements take precedence.

Third-Party Technologies

The service uses, among others, Microsoft Azure as hosting infrastructure and Azure OpenAI Service (OpenAI via Microsoft Azure) for voice/AI functions. Integration is carried out with due care; no specific availability, latency or result quality of third-party providers is guaranteed - unless individually agreed.

§ 12 Warranty

Statutory defect law applies. For beta, preview or lab functions, the provider assumes no warranty; such functions can be changed or discontinued at any time. Mandatory rights for consumers remain unaffected.

§ 13 Liability

The provider is liable without limitation for intent and gross negligence, for damages from injury to life, body or health and under the Product Liability Act. For slight negligence, the provider is only liable in case of violation of essential contractual obligations (cardinal duties), limited to the contract-typical, foreseeable damage. Total liability per contract year is limited to the annual fees paid by the respective customer in that year. Liability for lost profits, indirect damages and data losses is excluded, unless one of the aforementioned exceptions applies. Official fines are not assumed, unless they are based on a violation attributable to the provider.

§ 14 Indemnification

Customers indemnify the provider from all third-party claims based on illegal content, missing consents, violations of third-party rights or other violations of customer obligations. This also includes reasonable costs of legal defense.

§ 15 Term and Termination

Contracts run - unless otherwise agreed - for an indefinite period and are billed according to the selected plan. They can be terminated with 30 days' notice to the end of the respective billing period (monthly/yearly). The right to extraordinary termination for important reasons remains unaffected. For consumers, the statutory restrictions on term and extension (§ 309 No. 9 BGB) apply; after expiry of a minimum term, the contract extends for an indefinite period and can be terminated at any time with one month's notice.

§ 16 Consequences of Contract Termination, Data Export and Deletion

After contract termination, the provider provides an export option for 30 days, provided no legal or contractual obligations conflict. Thereafter, customer data is deleted or anonymized according to DPA and statutory retention periods. Legal retention obligations remain unaffected.

§ 17 Force Majeure

No party is liable for service disruptions based on events outside their sphere of influence (e.g., failures of network or cloud infrastructures, natural events, war, terror, strike). The affected party informs the other side immediately about occurrence and expected duration.

§ 18 Changes to these Terms

The provider can change these Terms with effect for the future. Changes are communicated at least six weeks before their effectiveness by email or in-app notice. If customers do not object within six weeks of receipt of the notice, the changes are deemed approved. This is pointed out in the notice. For material disadvantages, there is a special termination right upon effectiveness of the change.

§ 19 Confidentiality

The parties treat business and operational secrets as well as confidential information that becomes known to them in connection with the contract confidentially. This applies regardless of medium and beyond the end of the contract. Deviating NDAs take precedence.

§ 20 Applicable Law, Jurisdiction and Online Dispute Resolution

German law applies; for consumers with habitual residence in the EU, mandatory consumer protection provisions of the state of residence remain. For merchants, exclusive jurisdiction is Berlin. Consumers can sue according to statutory rules at their residence; the provider sues consumers at the residence of consumers.

Notice pursuant to Art. 14 para. 1 ODR-VO

The EU Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr. The provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

§ 21 Final Provisions

Rights and obligations from the contract may only be assigned with prior consent of the respective other party; monetary claims are excepted. A right of retention or set-off is only available to customers with undisputed or legally established claims. If a provision of these Terms is or becomes invalid, the contract remains effective otherwise. Instead of the invalid provision, one is deemed agreed that comes closest to the economic purpose of the invalid provision.