Terms and Conditions

1.1 Provider

1.2 Subject Matter

These Terms and Conditions govern the use of the WhatsApp-based service "Memo2Text" for automatic transcription and summarization of voice messages using Artificial Intelligence. By using the service for the first time, you accept these Terms and Conditions.

1.3 Age Restriction

Use is permitted only for persons aged 16 years or older.

2.1 Free Usage (Free Tier)

• 2 free transcriptions upon registration
• All basic features: Transcription, summarization, to-do extraction, reply suggestions
• No credit card required
• After credits are used up, an upgrade to Premium is required

2.2 Premium Subscriptions

Payment processing: Stripe (all prices plus VAT)

2.3 Fair Use Policy for "Unlimited" Plans

2.4 Technology

The service uses the following technical components:

• Transcription (Primary): Own Whisper infrastructure on Hetzner servers (Germany)
• Transcription (Fallback): Microsoft Azure Whisper (Sweden/Norway, EU)
• AI Processing: Microsoft Azure OpenAI GPT-4.1 (Sweden/Norway, EU)
• Messaging: WhatsApp Business API
• Payments: Stripe

3.1 AI Inaccuracy Notice

AI-generated results may be inaccurate, incomplete, or contradictory.

3.2 Disclaimer of Warranty

No warranty for correctness, completeness, usefulness, or appropriateness of AI outputs.

3.3 Not for Critical Decisions

The service is not suitable for medical, legal, financial, or safety-critical decisions.

3.4 Personal Responsibility

You are responsible for reviewing and using the AI results yourself.

4.1 Availability

There is no guarantee of constant availability, error-free operation, or specific response times.

4.2 Reasons for Interruptions

• Maintenance (scheduled or unscheduled)
• Technical issues
• Problems with third-party providers (Hetzner, Microsoft Azure OpenAI, WhatsApp, Stripe, Hostinger)
• Security incidents

4.3 Refunds

No refunds for outages lasting less than 72 hours.

5.1 Intent & Gross Negligence

Unlimited liability.

5.2 Slight Negligence

Liability limited to typical, foreseeable damages (max. €50 or fees from the last 3 months).

5.3 AI Results

No liability for damages from erroneous AI results or decisions based on them.

5.4 Third Parties

No liability for outages at third-party providers (Hetzner, Microsoft Azure OpenAI, WhatsApp, Stripe, Hostinger).

5.5 Statutory Liability

Statutory liabilities (product liability, life, body, health) remain unaffected.

6.1 Free Account

Indefinite, as long as credits are available. Deletion via WhatsApp ("DELETE ACCOUNT") or email possible.

6.2 Premium Subscription

Monthly cancellation via Stripe customer portal or email. No refund of already paid fees.

6.3 Termination by Provider

Termination possible for violations, abuse, fair use policy breaches (after prior warning), or payment default.

6.4 Retention Obligations

Statutory retention obligations (e.g., invoices) remain in effect.

7.1 Truthful Information

You provide truthful information during registration.

7.2 Prohibited Use

The following are prohibited:

• Automated mass requests
• Distribution of illegal, offensive, or discriminatory content
• Circumventing credit limits through multiple accounts
• Reverse engineering of the service
• Attempting to compromise systems
• Reselling or commercial distribution of transcriptions

7.3 Account Security

You secure your WhatsApp account and report abuse immediately.

7.4 Responsibility for Third-Party Voice Messages

8.1 Data Processing in the EU

Transcription and AI processing take place exclusively in the EU:

• Transcription (Primary): Own servers at Hetzner (Data Center Nuremberg, Germany)
• Transcription (Fallback): Microsoft Azure Whisper (Sweden/Norway, EU/EEA)
• AI Processing: Microsoft Azure OpenAI GPT-4.1 (Sweden/Norway, EU/EEA)
• No transfer of audio data or transcription content to third countries

8.2 Unavoidable Third-Country Transfers

The following services involve data transfer to third countries:

8.3 Legal Basis

Data transfer is based on your consent (Art. 6(1)(a) GDPR, Art. 49(1)(a) GDPR).

8.4 Safeguards

• EU Standard Contractual Clauses (SCC) for all third-country transfers
• Encrypted data transmission (TLS/HTTPS)
• Data Processing Agreements with all processors (Hetzner, Microsoft Azure, Hostinger per Art. 28 GDPR)
• Minimization of transferred data

8.5 Further Information

Details on data processing can be found in our Privacy Policy: www.memo2text.de/datenschutz/en

8.6 Right of Withdrawal

You can withdraw your consent at any time by deleting your account.

9.1 Notification

Changes will be communicated via WhatsApp or email.

9.2 Effective Date

Changes take effect 30 days after notification unless objection is made.

9.3 Right to Object

In case of objection, the contractual relationship ends when the new Terms take effect.

10.1 Applicable Law

German law applies exclusively, excluding UN Sales Law.

10.2 Jurisdiction

For merchants, jurisdiction is Hannover. Consumer protection provisions remain unaffected.

10.3 Severability Clause

Invalid provisions do not affect the validity of the remaining provisions.

10.4 Contract Language

The contract language is German.