Terms of Use

1. Provider and scope

1.1 The provider of the apps and your contracting party is Valery Mironov, Behringstraße 20, 12437 Berlin, Germany, email: info@klarfold.com, phone: +49 30 45024505 (hereinafter “we” or “us”).

1.2 These Terms of Use govern the use of our apps, the associated accounts and the server services (together, the “Services”). For individual apps, the special provisions in Parts C and D apply additionally; in the event of conflict, these take precedence.

1.3 Users’ general terms and conditions do not become part of the contract.

1.4 A consumer is any natural person who uses the Services predominantly for purposes that can be attributed neither to their commercial nor to their self-employed professional activity (Section 13 of the German Civil Code (BGB)). A trader is anyone who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity (Section 14 BGB).

1.5 Point of contact. For users, for authorities and for the European Commission, our point of contact under Articles 11 and 12 of Regulation (EU) 2022/2065 on a Single Market for Digital Services (DSA) can be reached at info@klarfold.com. Communication is possible in German and in English. We handle reports and enquiries personally; there is no exclusively automated handling.

2. Conclusion of the contract, account and minimum age

2.1 The apps are provided via the Apple App Store. An account is required for most features. You can create an account with your email address and a password (with a confirmation code), via “Sign in with Apple” or via “Sign in with Google”. The contract of use is concluded as soon as your account has been created and you have agreed to these Terms of Use.

2.2 You must be at least 18 years old and have full legal capacity.

2.3 The information you provide when registering must be accurate. Keep your login credentials secret and inform us without undue delay if you suspect misuse of your account. An account is personal and non-transferable.

3. Services, updates and changes

3.1 The range of features of the Services is set out in the description in the App Store, in the information in the app and in Parts C and D. Some features are only available in paid plans.

3.2 An internet connection is required for most features. You bear the costs of this.

3.3 During the term of the contract, we provide you with the updates, including security updates, that are necessary to maintain conformity with the contract (Section 327f BGB), and we inform you about them. If you do not install such an update within a reasonable time even though we have informed you of its availability and of the consequences of failing to install it, we are not liable for a defect that is attributable solely to the absence of this update.

3.4 Beyond the necessary updates, we may change the Services if there is a valid reason for doing so, in particular to adapt them to a new technical environment, to changed legal provisions or to changed services of service providers, to improve security or to further develop the features. The change is made at no additional cost to you, and we inform you about it clearly and comprehensibly. If a change impairs your access to the Services or their usability more than only insignificantly, we will inform you in good time beforehand on a durable medium, for example by email. You may then terminate the contract free of charge within 30 days of receipt of the information or of the change, whichever is later (Section 327r BGB).

3.5 We strive for high availability of the Services but do not owe uninterrupted availability. Maintenance work, security measures or disruptions on the part of third parties, for example in hosting, at AI providers or at Apple, may temporarily restrict use.

4. Right of use

4.1 For the term of the contract, we grant you the non-exclusive, non-transferable and non-sublicensable right to install and use the apps on Apple devices that you own or control, within the scope of the usage rules of the Apple App Store.

4.2 You may not rent out, lend, sell or redistribute the apps, nor decompile, disassemble or otherwise reverse engineer them, unless this is mandatorily permitted under Sections 69d and 69e of the German Copyright Act (UrhG).

4.3 All rights to the apps, their design and our marks remain with us or the respective rights holders. Open-source components contained in the apps are subject to their respective licences.

5. Free and paid services

5.1 The apps can be used in a free plan with usage limits. Paid plans (subscriptions) and one-time packages are offered exclusively as in-app purchases via the Apple App Store.

5.2 You conclude the purchase contract for an in-app purchase with Apple; for customers in the European Union, this is Apple Distribution International Ltd., Hollyhill Industrial Estate, Hollyhill, Cork, Ireland. Apple’s terms and procedures apply to payment, billing, renewal, cancellation, refunds and withdrawal. We do not receive credit card or other payment data. The scope of the services purchased is determined by these Terms of Use and the plan description in the app.

5.3 The price, term and scope of services are displayed in the App Store and in the app before purchase. Subscriptions renew automatically for the selected term unless they are cancelled in the settings of your Apple Account at least 24 hours before the end of the current period. Cancellation takes effect at the end of the period already paid for.

5.4 Deleting your account does not end a subscription. Please also cancel a subscription in the settings of your Apple Account.

5.5 You request refunds from Apple; Apple decides on them in accordance with its own policies. Your statutory rights, in particular any statutory right of withdrawal as a consumer, remain unaffected.

5.6 The quotas included in a plan, such as minutes, AI units, the number of notes or storage space, are set out in the plan description in the app at the time of purchase or renewal. Unused quotas of a billing period expire at the end of that period, unless otherwise provided in Parts C and D.

5.7 We may also provide plans, packages or quotas free of charge, for example through invitations or promotions. There is no entitlement to this; such services may be time-limited.

6. Permitted use and your obligations

6.1 You may use the Services only in accordance with applicable law and these Terms of Use. In particular, it is prohibited to

• infringe the rights of third parties, in particular personality rights, copyrights, trademark rights and data protection rights;
• create, store or distribute unlawful content;
• circumvent security precautions, usage limits or payment functions;
• impair the Services through automated access, excessive load or malware;
• use other people’s accounts or pass on login credentials;
• use AI features contrary to the usage policies of the AI providers used, in particular to generate unlawful, deceptive or harmful content.

6.2 Recordings of other people. You are responsible for ensuring that you record and process conversations, meetings, phone calls and other statements by third parties only with their consent or otherwise lawfully. The unauthorised recording of privately spoken words may be punishable under Section 201 of the German Criminal Code (StGB).

6.3 If you use the Services to process personal data of other people for professional or commercial purposes, you are responsible for this under data protection law. For Ai Notes Studio, the data processing agreement under Section 12.3 applies to this. We provide My Ai for personal use; My Ai is not intended for processing personal data of other people on behalf of a company.

6.4 If you breach these obligations, we may block the content concerned, temporarily restrict use or terminate the contract in accordance with Section 11. In doing so, we take your legitimate interests into account and choose the least severe appropriate measure.

6.5 Reporting illegal content. Anyone can report content to us that they consider illegal – in the app or by email to info@klarfold.com (Art. 16 DSA). It helps to include an explanation of why the content is considered illegal, precise information on where it can be found, the name and email address of the reporting person, and a statement that the information is accurate and complete to the best of their knowledge. We confirm receipt without delay and communicate our decision. We review reports diligently and without arbitrariness; the decision is taken by a human being.

6.6 Statement of reasons for measures. If we block content, restrict use or terminate the contract, we inform you of the reasons (Art. 17 DSA): what we have done, the facts on which it is based, the provision of these Terms of Use or the legal provision we rely on, whether the decision was taken by automated means, and how you can contest it. You can object to the decision within six months by writing to us at info@klarfold.com; recourse to the courts and the right to refer the matter to an out-of-court dispute settlement body under Art. 21 DSA remain unaffected.

7. Your content

7.1 Content that you create, record, upload or have generated with the Services, such as notes, audio recordings, photos, transcripts and AI results, remains your content.

7.2 For the term of the contract, you grant us the non-exclusive right to store, reproduce and process your content, to display it to you and to transmit it to the service providers required for a feature you have requested, insofar as this is necessary to provide the Services. We ourselves use your content neither to train AI models nor for advertising purposes. The AI providers we use may use content to train their models under their own terms; the Privacy Policy sets out the details.

7.3 You are responsible for ensuring that you hold the rights to your content that are required for its use with the Services.

7.4 We back up our systems regularly. As data loss can never be completely ruled out, we recommend that you additionally back up important content using the export or share function of the app.

8. AI features

8.1 Some features use artificial intelligence systems, for example for transcriptions, summaries, translations, text recognition and answers to questions. Results generated with AI are identifiable as such in the app.

8.2 AI results are generated automatically and may be incomplete, inaccurate or wrong. They do not constitute professional advice, in particular not medical, legal, tax or financial advice. Check results before you rely on them or pass them on.

8.3 The transmission of your content to AI providers is part of the core of the Services and takes place in performance of this contract. Before first use, you confirm in the app that your content may contain special categories of personal data, that you are at least 18 years old and that you accept these Terms of Use; without these confirmations we cannot provide the Services. If you select a model whose provider processes data in a country without an adequate level of data protection, we ask you for a separate consent beforehand; if you do not give it, only that model remains unavailable. Details are governed by the AI processing consent.

8.4 We may change the AI providers and models used if quality, availability, costs, security or legal requirements so require. We will only use a provider that is not named in your consent after you have agreed to a correspondingly updated consent.

9. Statutory warranty rights

The statutory provisions apply, for consumers in particular the provisions on digital products (Sections 327 et seq. BGB).

10. Liability

10.1 We are liable without limitation for damage resulting from injury to life, body or health, for damage caused by intent or gross negligence, under the German Product Liability Act (Produkthaftungsgesetz) and to the extent of any guarantee we have assumed.

10.2 In the event of simple negligence, we are only liable for the breach of material contractual obligations, and our liability is then limited to the foreseeable damage typical of the contract. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely.

10.3 Insofar as we provide services free of charge, we are, by way of derogation from Section 10.2, only liable for intent and gross negligence; Section 10.1 remains unaffected.

10.4 The above limitations of liability also apply in favour of our vicarious agents.

11. Term, termination and deletion of the account

11.1 The contract of use is concluded for an indefinite period. You can end it at any time by deleting your account in the app (in Ai Notes Studio under “Account” → “Delete account”, in My Ai under “Settings” → “Profile”) or by sending us a message to that effect.

11.2 The term and cancellation of subscriptions are governed by Section 5.

11.3 We may terminate the contract of use for the free plan by giving four weeks’ notice in text form. The right of both parties to terminate for good cause remains unaffected. For us, good cause exists in particular in the event of serious breaches of Section 6 or breaches repeated despite a warning.

11.4 If we permanently discontinue an app or a paid service, we will inform you at least four weeks in advance. Your statutory claims in respect of periods already paid for that can no longer be used remain unaffected.

11.5 When your account is deleted, your data is deleted in accordance with the Privacy Policy. Please export any content you want to keep beforehand.

12. Data protection and processing on your behalf

12.1 How we process personal data is explained in our Privacy Policy, which you can access in the app at any time.

12.2 The AI processing consent and the other consents are explained separately in the app and can be withdrawn at any time with effect for the future.

12.3 If you use Ai Notes Studio as a trader and in doing so process personal data for which you are responsible, such as notes of meetings with customers or employees, we process this data on your behalf. Our data processing agreement (DPA) pursuant to Art. 28 GDPR, which is available in the app, applies to this. It becomes part of the contract when you agree to these Terms of Use. We do not conclude a data processing agreement for My Ai; My Ai is intended for personal use (Section 6.3).

13. Changes to these Terms of Use

13.1 We may amend these Terms of Use with effect for the future if there is an objective reason for doing so, such as a change in the legal situation or in case law, new features or changes to the services of our service providers.

13.2 We will inform you of changes in good time before they take effect, in the app or by email. Changes that materially affect your rights and obligations, in particular the scope of services or the prices, only take effect if you expressly agree to them. If you do not agree, the previous terms continue to apply; we may then terminate the contract in accordance with Section 11 if we cannot reasonably be expected to continue it on the previous terms.

13.3 Changes that are purely editorial in nature or that operate exclusively to your advantage take effect upon notification.

14. Consumer dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

15. Final provisions

15.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn as a result.

15.2 If you are a merchant (Kaufmann), a legal entity under public law or a special fund under public law, Berlin is the exclusive place of jurisdiction for all disputes arising from this contract.

15.3 Should any provision of these Terms of Use be invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provisions.

15.4 These Terms of Use are provided in German and in translations into English and Russian. In the event of discrepancies, the German version prevails.

The following also applies to apps that you obtain via the Apple App Store:

1. These Terms of Use are concluded solely between you and us, and not with Apple Inc. or its affiliated companies (“Apple”). We alone, and not Apple, are responsible for the apps and their content.
2. The right of use under Section 4 is limited to use on Apple devices that you own or control, and only within the scope of the usage rules of the Apple Media Services Terms and Conditions. Within the scope of these rules, the apps may also be used by other accounts that are associated with the purchasing account via Family Sharing or volume purchasing.
3. We alone are responsible for the maintenance and support of the apps. Apple is not obliged to provide any maintenance or support services for the apps.
4. We alone are responsible for warranties, insofar as they have not been effectively excluded. If an app does not conform to an applicable warranty, you can notify Apple; Apple will then, where applicable, refund the purchase price of the app to you. To the extent permitted by law, Apple has no further warranty obligations with respect to the apps. Any other claims, losses, damage, costs or expenses due to a failure to conform to a warranty fall within our responsibility under these Terms of Use.
5. We, and not Apple, are responsible for claims by you or third parties in connection with the apps or their possession and use, in particular for product liability claims, for claims based on non-compliance with legal or regulatory requirements and for claims under consumer protection, data protection or comparable provisions.
6. If a third party claims that an app or your possession and use of the app infringes that third party’s intellectual property rights, we alone, and not Apple, are responsible for the investigation, defence, settlement and discharge of that claim.
7. You represent that you are not located in a country against which the United States Government has imposed an embargo or which it has designated as a country supporting terrorism, and that you are not listed on any United States Government list of prohibited or restricted parties.
8. Address questions, complaints and claims in connection with the apps to: Valery Mironov, Behringstraße 20, 12437 Berlin, Germany, email: info@klarfold.com, phone: +49 30 45024505.
9. When using the apps, you must comply with applicable third-party terms, such as those of your mobile network or internet provider.
10. Apple and its subsidiaries are third-party beneficiaries of these Terms of Use. Upon your agreement to these Terms of Use, Apple obtains the right to enforce them against you as a third-party beneficiary; Apple is deemed to have accepted this right.

C1. Services

Ai Notes Studio is an app for notes from voice recordings, texts, photos and imported audio files. The features include in particular audio recording (including in the background), live transcription during recording, transcription on our server, AI agents (such as summary, meeting minutes, task list or mind map) and custom agents, questions about your own notes with source references (“Ask AI”), translations, text recognition in photos, folders, search, export as Markdown and PDF, a dictation dictionary, a keyboard extension and notifications about completed processing. Notes are synchronised between your devices via our server. Further features may be added on the paid plans: importing a YouTube video via its link, where our server retrieves the video’s subtitles and creates a note from them, as well as connections through which an external AI client can read and search your notes and create new text notes. You set up such connections yourself and can revoke each of them at any time; the terms of its provider apply to the external client.

C2. Plans

1. FREE – free of charge, with monthly limits, in particular on the number of notes, the AI units for AI features, the maximum recording duration and the storage space.
2. PRO – subscription with a monthly or annual term. It includes the full range of features and a monthly quota of audio minutes for processing recordings on our server. Text-based AI features are not subject to quotas in PRO, but are subject to technical rate limits to protect the Services.
3. PRO API – subscription with a monthly or annual term. It includes the full range of features, but no AI quotas provided by us: AI features are carried out exclusively with your own API keys at AI providers (Section C4).
4. PRO Minutes – one-time purchased packages of audio minutes. Unused minutes do not expire at the end of a billing period, but remain available for as long as your account exists.

The current limits, quotas and prices are displayed in the app and in the App Store. Minutes are consumed to the exact second. If several plans are active at the same time, the app uses only one of them at a time, in the order PRO API, PRO, PRO Minutes, FREE. On the PRO API plan, you can choose to use purchased PRO Minutes instead of your own API keys; the AI features concerned then run via our providers as on the PRO plan.

C3. Usage limits

To protect the Services, technical limits apply, for example to the length of a recording, the file size, the number of simultaneous processing operations and the number of requests within a period. If a recording reaches the maximum duration, it is stopped and saved. If a quota is exhausted, content that has already been saved is retained; the app shows which quota is affected.

C4. Your own API keys (PRO API)

1. In the PRO API plan, you store your own API keys and choose providers and models for each task. Processing by the provider takes place on the basis of your own contract with that provider; that provider’s terms and data protection provisions apply.
2. You are responsible for the security of your keys and for the costs incurred with the provider. We store your keys in encrypted form, use them exclusively for your requests and do not display them again either to you or to third parties.
3. We are not responsible for the services, availability, results or costs of the provider you have chosen.
4. Some providers process data outside the European Union, DeepSeek in the People’s Republic of China. Details can be found in the AI processing consent and in the Privacy Policy.

C5. Keyboard extension

The optional keyboard extension inserts texts that you have previously prepared in the app. It does not itself establish any network connections, and your input is neither stored nor transmitted. “Full Access” is only required to read the prepared texts from the app.

D1. Services

My Ai is an AI assistant. The features include in particular chats with language models from various providers (including with automatic model selection), assistants from a catalogue and custom assistants, projects with source files, the chat history and temporary chats, Memory in the PRO plan, the analysis of images and files, the creation and conversion of documents, the generation of images and videos, voice conversations, dictation and reading aloud, a web search in the PRO plan, notifications, and support and reports in the app.

D2. Plans and credits

1. Free – with a daily maximum number of messages and access to selected models.
2. PRO – subscription with a weekly, monthly or annual term. It includes the extended range of features and quotas, for example for messages, demanding requests, voice minutes and monthly credits. The quotas are sized for customary personal use (fair use). In the event of very high use, the app can switch to lower-cost models.
3. Credits – units of credit balance for certain features, in particular for images, videos and documents. Credits can be purchased as one-time packages or be included in a subscription.

If a subscription begins with a free trial period, it automatically converts into a paid subscription at the end of the trial period unless you cancel it in the settings of your Apple Account at least 24 hours before the trial period ends.

We provide welcome, streak, referral and promotional credit grants on a voluntary basis. They have no monetary value, are not transferable, are not paid out and may be time-limited. If credit grants are obtained improperly, for example through multiple accounts, we may withdraw them.

Prices, quotas, the cost of individual features in credits and the validity of credits are displayed in the app and in the App Store.

D3. AI features

1. Section 8 applies to answers, images, videos, documents and voice output. Models differ in quality, speed, cost and availability. If a model fails, the app may use a comparable model from OpenAI, Anthropic or Google and will notify you of this. For individual features, such as chat titles, Memory and documents, the app selects the model itself and limits itself to these providers; it only uses models from countries without an adequate level of data protection if you expressly select them.
2. Web search results come from external sources for whose accuracy and availability we do not vouch.
3. Memory saves information from your chats so that answers are better suited to you. You can turn it off in the settings; deleting the history also deletes the information saved to Memory.
4. Temporary chats are automatically deleted seven days after the last message.
5. Voice conversations are transmitted to the AI provider in real time. We do not store the audio data; the transcripts are saved as messages in the chat.

D4. Images, videos and documents

1. Only upload photos, files and templates to which you hold the necessary rights. You may only use photos of other people, in particular for templates with faces, with their consent.
2. In particular, it is prohibited to generate content that depicts real people, without their consent, in a deceptively realistic manner in situations in which they have not been, sexual or intimate depictions of real, identifiable persons without their express consent, sexual depictions of minors, content that glorifies violence or incites hatred, instructions for criminal offences and content that infringes the rights of third parties.
3. If you publish generated images, videos or audio recordings that resemble real persons, objects, places or events and could falsely appear to be authentic, you must disclose that they have been artificially generated or altered, insofar as the law requires this (Art. 50(4) EU AI Act).
4. Generated content may contain visible or machine-readable markings from the model providers, such as watermarks. You may not remove or falsify them. On the free plan, My Ai additionally adds its own visible watermark to images that you share or save.
5. Insofar as rights arise in generated content and these rights belong to us, we grant them to you. There is often no copyright in AI-generated content, and similar content may also be created for other users. The terms of use of the model providers remain unaffected.

D5. Custom assistants and projects

You are responsible for the names, descriptions, instructions, images and source files that you store for custom assistants and projects. Section 6 applies accordingly.

D6. Support and reports

You can submit support requests and report content or problems via the app. We review reports and may restrict content or use in accordance with Section 6.4.