General Terms and Conditions of the SpAIrring App

The following General Terms and Conditions (GTC) apply to the use of the SpAIrring app by users. In order to improve the readability of this text, the term „user“ is used consistently in the following.

SpAIrring is offered by GetXdone GmbH (hereinafter also „GXD“, „we“ or „us“).

1. Description of the services

SpAIrring offers its registered users the opportunity to exchange ideas with a sparring partner / consultant / mentor based on artificial intelligence. The user can ask SpAIrring questions regarding professional challenges.

SpAIrring is offered both for free and for a fee. Internet access is required, which must be provided and set up by the user. The user may incur costs for Internet access, which are charged by the respective access provider.

3 models are offered

  • free of charge: 10 messages per day

  • Personal 4,99€/month: 50 messages per day

  • Professional 19,99€/month: 100 messages per day

2. Registration, acceptance of the terms of use

In order to use the services of SpAIrring, the User must install the SpAIrring app on his/her cell phone and open a user account. A user account can be opened by any natural person who is at least 16 years old.

When opening the account, the user’s date of birth and email address will be requested. The user is obliged to provide correct information. The user must create a secure password. The user’s email address and password are the access data to the app. The user is responsible for keeping the access data safe.

The user has the option to upload a profile picture, which can be changed or deleted at any time. The user must still choose a username, this should not be identical to the user’s email address. It is forbidden to choose a user name that is offensive or likely to cause confusion with a prominent person, a company, a state or a government agency (e.g. a public authority). User name and profile picture (if available) are publicly visible.

By creating a user account and using the app, the user accepts these GTC, in particular the app guidelines set out in section 3 and the list of prohibited actions in section 7.

No success is owed through the use of the SpAIrring App. Furthermore, any decisions regarding activities resulting from the chat with SpAIrring are the responsibility of the User. The User accepts that GXD cannot be held responsible for any lack of success or for any damages resulting from proposed actions of SpAIrring.

3. App Guidelines

SpAIrring is for professional mentoring, therefore the following rules apply to the use of SpAIrring.

It is prohibited to make requests of the following nature:

  1. pornographic content, content that is harmful to minors, content that incites violence or criminal acts, or content that threatens to do so.

  2. requests that discriminate against people on the basis of their social or geographical origin, their gender, their sexual orientation or their skin color and/or an illness or disability

  3. requests which deliberately violate the rights of others, in particular their personal rights (e.g. through „trolling“, bullying) and their right to respect for privacy

  4. requests that infringe or may infringe another person’s copyrights, trademarks or other types of intellectual property rights

  5. requests that violate applicable laws or that encourage property damage or other crimes or misdemeanors

  6. requests that call for dangerous behavior, the execution of which could result in physical or psychological injury to the user or others

  7. requests for the consumption of alcohol and/or other – also legal – drugs

  8. requests for immoral methods or actions

4. Changes to the terms of use and the scope of services

(1) We reserve the right to restrict, expand or otherwise change the nature and scope of the services provided at any time or to discontinue the services altogether. We further reserve the right to change these Terms and Conditions and the App Guidelines with effect for the future.

(2) SpAIrring is offered in parts free of charge. We reserve the right to provide additional premi-um functions in the future for a fee. We will inform the user about this offer via the app. No paid contract will be concluded without the express consent of the user.

(3) SpAIrring will inform the User about upcoming changes or amendments to the GTC and/or the App Guidelines 7 days before the changes become effective. If the User does not object to the changes within a period of 7 days, the changes shall be deemed accepted. If the User objects to the changes, the GTC in their previous version shall continue to apply. We reserve the right to terminate the user contract in this case.

5. evaluation and further use of the user data.

SpAIrring is offered free of charge and for a fee. In order to be able to finance the offer, we reserve the right to use certain data of the user, including his rough location, the set language and other data for the selection of advertising. We will provide corresponding information and explanations in our privacy policy, and we will announce any changes to the user in a suitable manner in advance.

6. rights of use, intellectual property rights

(1) By opening a customer account, agreeing to these GTC and accepting the App Guidelines, the User receives the non-transferable, non-exclusive right to use services of SpAIrring, which can be terminated at any time (in accordance with clauses 8 and 9 of these GTC).

7. Prohibited actions, blocking of content

(1) We are entitled to block access to certain content at any time without justification if it violates the app guidelines or applicable laws.

(2) It is prohibited to,

  1. to disassemble or decompile software components, to modify them and to circulate modified versions,

  2. to disrupt the functionality of the SpAIrring services by interfering with them,

  3. to export content from the app in an automated manner (so-called screen scraping),

  4. use the Services for sending and distributing spam, illegal content, Trojans or viruses,

  5. commit any other acts that violate the App Guidelines.

8. termination of the account by SpAIrring

We are entitled to terminate the usage agreement with the Customer at any time if the Customer violates one or more obligations arising from these Terms of Use. We will issue such a termination in particular if the user

  • provides false information when opening the account or fails to correct incorrect information immediately, or

  • violates the app guidelines according to section 3 or the duties of conduct according to section 7.

9. cancellation of the own user account

The User may delete his account at any time. Any content that the user has created in the SpAIrring app during the period of use, as well as the responses of the SpAIrring app, will be deleted. Details are regulated in the privacy policy.

10. release from liability

The User undertakes to indemnify us against all claims for damages asserted against us by third parties on the basis of such unlawful legal acts attributable to the User. This applies in particular to the infringement of copyrights, trademark rights or other intellectual rights of third parties.

11. Exclusion of warranty

(1) In order to provide our services, we are dependent on the services of third parties over which we have no control. Therefore, malfunctions and failures may occur for which we are not responsible. Outages may also occur due to maintenance work and to rectify technical problems or to ensure security.

(2) We do not assume any warranty or guarantee for the accessibility and functionality of the offered services or for their further provision. We are not liable for misuse of the user account if the user gives out access data to third parties or does not secure it sufficiently.

(3) We are not liable for the correctness of the recommendations generated by SpAIrring KI. SpAIrring shall help the user to find possible actions. It is the responsibility of the user to assess whether and which courses of action can be implemented. GXD does not guarantee the correctness, completeness or suitability of the possible courses of action. The user agrees that he/she is responsible for the implementation of the possible courses of action and that GXD accepts no liability whatsoever for any damage or loss that may result from the implementation of the possible courses of action. The User hereby expressly waives any claim against GXD with respect to the effectiveness or consequences of the Possible Actions. This agreement applies to any content generated in the SpAIrring App.

(4) We will not conduct a review of content posted by users without cause. We will immediately review content reported by users and delete it if it violates the app guidelines or applicable law. In this context, we would like to point out that we will cooperate with investigative authorities – in compliance with the statutory data protection requirements – if we are requested to disclose information about users or content posted or shared by them.

12. limitations of liability

We are not liable for any damages resulting from the implementation or omission of activities recommended or discouraged by SpAIrring. Any decision and resulting consequences are the responsibility of the user.

13. other provisions

(1) German law shall apply, unless the law of the country in which the User is domiciled is mandatory.

(2) Place of performance and jurisdiction is Karlsruhe. This only applies if the user is a merchant or has no general place of jurisdiction in Germany.

(3) Changes to the contract of use must be made in writing; this also applies to the cancellation of this written form clause. Oral collateral agreements have not been made.

(4) The European Commission offers an online platform for dispute resolution, which you can find here: http://ec.europa.eu/consumers/odr. We are not obliged and not willing to participate in any dispute resolution procedure.

(5) Should one or more conditions of these GTC be or become invalid or void, the validity of the contract of use and these GTC shall remain unaffected. In this case, the parties shall reach a legally compliant supplementary agreement that replaces the invalid or void clause and that comes as close as possible to its economic objective.