§ 1 Scope
These Terms of Service (“Terms”) govern the use of the Software-as-a-Service platform “Audienca Reflection” (the “Service”) provided by senseaition GmbH, Schmiedestr. 2a, 15745 Wildau, Germany (“Provider”), by business customers within the meaning of § 14 BGB (“Customer”).
Conflicting, supplementary, or deviating terms of the Customer shall only become part of the contract if the Provider has expressly agreed to them in writing.
§ 2 Subject Matter
The Provider offers the Customer the Service to generate and manage AI-powered responses to customer inquiries, reviews, and messages. The scope of features depends on the plan selected.
The Provider expressly does not owe any specific success of the responses generated, but only the provision of the technical infrastructure and AI models according to the current state of the art.
§ 3 Conclusion of Contract
The presentation of the Service on the Provider’s website is not a binding offer. The contract is concluded upon acceptance of the Customer’s order, at the latest upon provision of the Service.
§ 4 Availability
The Provider endeavors to keep the Service available as continuously as possible. Scheduled maintenance will, where possible, be announced outside regular business hours. Should the Service be temporarily unavailable, the Provider will inform the Customer promptly about alternatives or termination options.
§ 5 Customer Obligations
The Customer shall keep access credentials confidential, refrain from sharing user accounts with third parties, and inform the Provider without undue delay upon suspicion of misuse.
The Customer warrants that the content uploaded does not infringe third-party rights, particularly copyright, trademark, or personality rights.
§ 6 Fees and Payment
Fees correspond to the plan selected at the time of order. The currently valid prices are listed at audienca.com/en/pricing.
Payment is due in advance. Annual billing applies once per contract year; monthly billing applies at the start of each month. Payment processing is handled by Stripe Payments Europe Ltd.
§ 7 Term and Termination
Unless otherwise agreed, the contract is concluded for the minimum term selected at conclusion (monthly or yearly) and renews automatically for the same period unless terminated by the end of the term.
Termination is possible at any time with 14 days’ notice to the end of the respective term via the customer account or by email to info@senseaition.com.
§ 8 Data Protection
The Provider processes personal data exclusively in accordance with the privacy policy and the Data Processing Agreement (Art. 28 GDPR), available at audienca.com/en/orderprocessing.
§ 9 Liability
The Provider is liable without limitation for damages from injury to life, body, or health based on intentional or negligent breach of duty, and for other damages based on intentional or grossly negligent breach of duty.
For slightly negligent property and financial damages, the Provider is only liable in case of breach of essential contractual obligations (“Kardinalpflichten”) and limited to the typical foreseeable damage.
§ 10 Miscellaneous
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Exclusive place of jurisdiction is Berlin, provided the Customer is a merchant, legal entity under public law, or public-law special fund.