Terms of Use

Effective Date: December 2024

1. Scope and Acceptance

These Terms of Use ("Terms") govern your access to and use of the services provided by Amie GmbH ("Amie," "we," "us," or "our"), located at Adalbertstraße 20, 10997 Berlin, Germany. By accessing or using our services, you ("Customer," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

2. Our Services

Amie offers an online calendar application accessible via our websites, amie.so and through calendar.amie.so, app.amie.so and our mobile application (collectively, the "Amie App", "Amie Apps", "Apps" or "App")—together, the "Services."

2.1 Calendar Application

Our calendar application allows you to view and manage your calendar events, similar to traditional calendar applications. Key features include:

  • View and manage your personal calendar events, tasks, and schedules
  • Share calendars and collaborate with colleagues and team members
  • Schedule and manage todos directly within the calendar interface
  • Integrate with email functionality for seamless communication and scheduling

2.2. AI-Powered Meetings

Our AI-powered meeting features enhance your meeting experience with automated assistance:

  • Real-time meeting recording and transcription capabilities
  • Automated meeting summaries and key points extraction
  • Intelligent action item identification and task creation
  • Easy sharing of meeting notes with participants and team members
  • AI-powered chat interface to interact with meeting notes and archives
  • Template-based automation for common meeting workflows and follow-ups
  • Smart organization of meeting collections and documentation

2.3 User Accounts

  • Account Creation: To use our Services, you must create a personal user account ("Personal Account") by registering with your name and email address. You must provide accurate, current, and complete information and keep it updated. You are responsible for all activities that occur under your Personal Account.
  • Age Requirement: You must be at least 18 years old to access and use the paid features of our Services ("Paid Services"). By using the Services, you represent and warrant that you meet the age requirement.

2.4 Workspaces

2.4.1 Definition
  • Our Services offer the ability to create or join a Workspace, allowing users to collaborate and share certain data and functionalities.
2.4.2 Admins and Members
  • Admins:
    • Users who create a Workspace are designated as "Admins."
    • Admins have the authority to manage the Workspace, including inviting or removing members, assigning roles, managing subscriptions, and may access entities created within the Workspace.
    • Admins may appoint other users as Admins.
  • Members:
    • Users invited to join a Workspace are "Members."
    • Members join a Workspace through explicit consent, such as clicking a button in the interface or a link in an email invitation.
    • By joining a Workspace, Members consent to the Admins' authority and access rights within the Workspace.
2.4.3 Admin Access to Entities
  • Admins may have or gain access to entities (such as data, content, or other information) created by Members within the Workspace.
  • By joining a Workspace, Members consent to such access by Admins.
  • Compliance by Admins: Admins are responsible for ensuring compliance with data protection laws regarding any personal data they access within the Workspace.

2.5 Account Security

  • Security Responsibilities: You are responsible for maintaining the confidentiality of your account credentials and for restricting access to your devices. You agree to notify us immediately at care@amie.so of any unauthorized use of your account.

2.6 User Conduct

You agree not to engage in any of the following prohibited activities:

  • Unauthorized Access: Accessing or using the Services through unauthorized means, including using another person's account or data without permission.
  • False Information: Creating an account using false information or on behalf of someone else without their consent.
  • Violation of Laws: Using the Services in a way that violates any applicable local, state, national, or international laws or regulations.
  • Spamming: Sending unsolicited or unauthorized advertising, promotional materials, or spam.
  • Interference: Engaging in activities that disrupt or interfere with the proper functioning of the Services.
  • Infringement: Infringing upon or violating our intellectual property rights or the rights of others.
  • Malicious Activities: Uploading or transmitting viruses or other malicious code.
  • Harassment: Harassing, abusing, or harming other users or any individuals.
  • Circumventing Usage Limits: Creating multiple accounts to circumvent usage limits.
  • Reverse Engineering: Attempting to reverse engineer, disassemble, or decompile any part of the Services.
  • Unlawful Activities: Engaging in any activity that is unlawful or harmful to others.
  • Sharing Unauthorized Content: Sharing content that you do not have the right to share.

2.7 Compliance with Laws

  • Your Responsibility: You agree to comply with all applicable local, state, national, and international laws, regulations, and ordinances in connection with your use of the Services.

2.8 Service Availability

  • We strive to keep the Services available but do not guarantee uninterrupted access. Availability may be affected by maintenance, updates, or factors beyond our control.
  • We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice.

2.9 Free and Paid Services

  • Free Use: Our Services may be used for free up to certain usage limits specified on our Websites or in the Amie App.
  • Paid Plans: Once these limits are reached, access may be restricted unless you select a paid plan.
  • Changes: We reserve the right to change usage limits, pricing, and the availability of free or paid features at any time.

2.10 Third-Party Integrations

2.10.1 Available Integrations
  • Integrations: Our Services may integrate with third-party applications or services, including but not limited to calendar services, communication platforms, project management tools, and productivity apps.
2.10.2 User Responsibility
  • Authorization: You are responsible for authorizing and managing integration access and permissions.
  • Review Terms: Your use of third-party services is subject to their terms and conditions. We encourage you to review their policies before connecting them to our Services.
2.10.3 No Endorsement and Limitation of Liability
  • No Endorsement: We do not endorse and are not responsible for any third-party content, products, or services.
  • Limitation: We are not liable for any damages or losses caused by third-party services or your use of them.
2.10.4 Integration Limitations
  • Modifications: We may modify or discontinue any integration at any time.
  • Availability: Available integrations may vary based on your account type.
  • Technical Constraints: Integrations may be subject to technical limitations or restrictions imposed by third parties.

2.11 Accessibility Commitment

  • We are dedicated to making our Services accessible to all users, including those with disabilities. We continuously work to improve usability and comply with relevant accessibility standards.

3. Pricing and Payment

3.1 Pricing

  • Displayed Prices: Prices for our Paid Services are listed on our Websites and in the Amie App. The displayed prices may include or exclude taxes such as Value Added Tax (VAT) or sales tax, depending on your location and applicable laws.
    • European Union Customers: Prices generally include VAT at the applicable rate of your country.
    • United States and Other Regions: Taxes such as sales tax may be calculated and added at checkout.
  • Additional Charges: You are responsible for any additional taxes, duties, or fees required by your local laws that are not included in the displayed price.

3.2 Payment Methods

  • Accepted Methods: Payments can be made via credit card, debit card, PayPal, or other methods we may offer.
  • Changes: We reserve the right to change accepted payment methods at any time.
  • Enterprise Customers: Enterprise customers may have custom payment method agreements.

3.3 Billing Issues

  • Non-Payment: If payment is not received in full, we may suspend or limit access to your Personal Account until payment is made.
  • Notification: We will attempt to notify you of any billing issues via the email associated with your account.
  • Failed Payments: Failed payments may result in immediate service suspension.

3.4 Invoice Delivery

  • Electronic Invoices: Invoices will be sent electronically to the email address associated with your Personal Account.

3.5 Refund Policy and Right of Withdrawal

  • General Policy: Refunds for Paid Services are not offered except as required by law or as specified in Section 7.2.
  • Right of Withdrawal: As per applicable laws, the right of withdrawal does not apply to digital services provided immediately after purchase or activation.
  • Acknowledgment: By purchasing Paid Services, you acknowledge and agree to waive your right of withdrawal.
  • Pro-Rata Refunds: In certain cases where we terminate your account without cause, we may provide a pro-rata refund as outlined in Section 7.2.
  • How to Request: To request a refund, contact care@amie.so.

4. Promotions

  • Separate Terms: Any contests, sweepstakes, or promotions ("Promotions") offered through our Services are governed by separate rules.
  • Review Rules: If you participate, please review those rules and our Privacy Policy.
  • Conflicts: In case of a conflict between these Terms and the Promotion rules, the Promotion rules will take precedence.

5. Subscription Renewal and Cancellation

5.1 Automatic Renewal

  • Recurring Payments: Paid Services that require recurring payments will automatically renew at the end of each subscription term.
  • Renewal Date: The renewal date is the day immediately following the end of your current subscription period.

5.2 Payment Method

  • Charges: The payment method used for your initial purchase will be charged at the end of each term unless updated before the renewal date.
  • Failed Payments: If we cannot process your renewal, Section 3.3 applies.

5.3 Cancellation by You

  • How to Cancel: You may cancel your Paid Services and downgrade to a free plan (if available) at any time via the Websites, the Amie App, or by emailing care@amie.so.
  • Effect of Cancellation: Upon cancellation, you will retain access to paid features until the end of your current subscription term.
  • No Refunds: Except as required by law, no refunds will be issued for the remaining subscription term upon cancellation.

6. Data Protection and Privacy

6.1 Compliance

  • Privacy Laws: We process personal data in accordance with applicable laws, including the General Data Protection Regulation (GDPR) and other relevant data protection regulations.
  • Privacy Policy: For details, please review our Privacy Policy available on our Websites and in the Amie App.
  • Your Consent: By using the Services, you consent to the collection and use of information as outlined in our Privacy Policy.

6.2 User Content

  • Ownership: You retain ownership of all content you submit or upload ("User Content").
  • License to Us: By using our Services, you grant us a limited license to process, store, and display your User Content solely to provide the Services.
  • Your Responsibility: You represent that you have all necessary rights to submit the User Content and that it does not violate any laws or third-party rights.

6.3 Data Retention

  • Retention Period: We retain your personal data only as long as necessary to fulfill the purposes for which it was collected or to comply with legal obligations.
  • Upon Termination: Upon termination of your account, your User Content will be deleted.
  • Backup Data: Encrypted backups may retain your data for up to 90 days for disaster recovery purposes only.

6.4 Data Export and Portability

  • Export Rights: You may export your data at any time while your account is active.
  • Available Formats: Export formats may include JSON, CSV, or other standard formats.
  • How to Request: Data export can be requested via the Amie App or by contacting care@amie.so.
  • Limitations: Some features or data may not be available for export due to technical constraints or third-party restrictions.
  • Fulfillment Timeline: We will fulfill data export requests within a reasonable timeframe.

6.5 Aggregated Data

  • Use for Improvement: You agree that we may use aggregated and anonymized data derived from your use of the Services ("Aggregated Data") to improve and develop our Services, including for training machine learning or AI models.
  • No Personal Identification: Aggregated Data will not identify you personally.
  • Enterprise Customers: Explicit exclusions or opt-out options may be negotiated separately for enterprise customers.

6.6 Confidentiality

  • Confidential Information: Both parties agree to keep confidential any non-public information disclosed during the course of using the Services, including but not limited to business information, technical data, user content, and proprietary information.
  • Obligations: Neither party will disclose the other's confidential information to any third party without prior written consent, except as required by law.
  • Exceptions: Confidential information does not include information that is publicly available, independently developed, or lawfully received from a third party.

7. Termination and Account Deletion

7.1 Termination by You

  • How to Terminate: You may terminate your Personal Account at any time via the Websites, the Amie App, or by emailing care@amie.so.
  • Data Export: If you wish to export your data before termination, please request as per Section 6.4.
  • Effect of Termination: Upon termination, access to your account and any content you've posted will be immediately revoked.

7.2 Termination by Us

  • Immediate Termination: We reserve the right to terminate your Personal Account immediately under certain conditions, such as violations of these Terms, legal requirements, or other reasonable grounds.
  • Pro-Rata Refund: If you have a Paid Service and we terminate your account without cause, we will provide a pro-rata refund for any unused portion of your subscription.
  • No Refund for Violations: If termination is due to your breach of these Terms, no refund will be provided.

7.3 Workspace Termination

  • Admins' Rights: Admins may cancel or terminate a Workspace subscription. Upon termination:
    • Access to Workspace features and data may be revoked for all Members.
    • Admins may retain access to entities created within the Workspace, as permitted by law.
  • Members' Rights: Members may leave a Workspace at any time through explicit actions.
  • Effect on Members: No refund will be provided to Members unless required by law.

7.4 Suspensions Due to Violations

  • Suspension: We may suspend or terminate your account or access to the Services immediately if you breach these Terms.
  • Notification: You will be notified of the suspension and its duration.
  • No Charges During Suspension: You are not required to pay for Paid Services during any suspension where you cannot access your account.

7.5 Data Deletion

  • Deletion Timeline: We reserve the right to delete all content from our systems permanently after 30 days from termination.
  • Third-Party Data: "Content" does not include any data synchronized with third-party services at your request.

8. Intellectual Property Rights

8.1 Ownership

  • Our Content: The Services, including the Websites, the Amie App, logos, images, graphics, videos, software, and all related intellectual property, are protected by copyright, trademark, and other intellectual property laws.
  • Reservation of Rights: All rights not expressly granted to you are reserved by Amie and its licensors.

8.2 License to Use Services

  • Limited License: We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for personal or internal business purposes, in accordance with these Terms.

8.3 Restrictions

Prohibited Uses: You may not:

  • Copy, modify, or create derivative works based on the Services.
  • Distribute, sell, rent, lease, or sublicense any part of the Services.
  • Reverse engineer, decompile, or disassemble the Services.
  • Remove or alter any proprietary notices.

8.4 User-Generated Content

  • Your Content: You retain ownership of all User Content you submit or upload.
  • License to Us: By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in connection with providing the Services.

8.5 Feedback

  • Submission: You may provide feedback regarding errors, suggestions, or other issues related to our Services via the Websites, the Amie App, or by emailing care@amie.so.
  • License to Use: By submitting feedback, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, distribute, and otherwise exploit the feedback for any purpose.
  • No Compensation: You acknowledge that you are not entitled to any compensation for the use of your feedback.

9. Disclaimer of Warranties

  • "As Is" and "As Available": The Services are provided on an "as is" and "as available" basis without warranties of any kind.
  • No Warranties: To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
  • No Guarantee: We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.
  • Third-Party Content: We are not responsible for any content provided by third parties, including users.

10. Limitation of Liability

10.1 Exclusion of Certain Damages

  • No Liability for Certain Damages: To the fullest extent permitted by law, Amie shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, or other intangible losses, resulting from:
    • Your use or inability to use the Services.
    • Unauthorized access to or alteration of your transmissions or data.
    • Statements or conduct of any third party on the Services.
    • Any other matter relating to the Services.

10.2 Cap on Liability

  • Maximum Liability: In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you for the Services during the twelve (12) months preceding the event giving rise to the liability.

10.3 Third-Party Links

  • Not Responsible for Third Parties: Our Services may contain links to third-party websites or services that we do not own or control. We are not responsible for their content, privacy policies, or practices.

10.4 Mandatory Liability

  • Exceptions: Certain jurisdictions do not allow the exclusion of warranties or limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law.

11. Indemnification

  • Your Obligation: You agree to indemnify, defend, and hold harmless Amie, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
    • Your use or misuse of the Services.
    • Your User Content.
    • Your violation of these Terms.
    • Your violation of any rights of a third party or applicable laws.
  • Defense and Control: We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with us in asserting any available defenses.

12. Force Majeure

12.1 No Liability for Force Majeure Events

  • Definition: We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labor disputes, governmental actions, pandemics, or power, internet, or telecommunications failures ("Force Majeure Events").

12.2 Notification

  • Efforts to Notify: We will make reasonable efforts to notify you if a Force Majeure Event affects our ability to provide the Services.

12.3 Suspension of Obligations

  • Temporary Suspension: Our obligations under these Terms will be suspended for the duration of the Force Majeure Event.

13. Modifications to the Service

  • Changes: We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice.
  • No Liability: We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

14. Compliance with Laws

  • Your Responsibility: You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Services.

15. Children's Online Privacy Protection

  • Not for Children Under 13: Our Services are not intended for use by children under the age of 13.
  • No Collection: We do not knowingly collect personal information from children under 13.
  • Parental Consent: If you are under 18, you may use the Services only with the involvement of a parent or guardian.

16. Export Controls

  • Compliance: You agree to comply with all export and re-export control laws and regulations that apply to your use of the Services.
  • Prohibited Jurisdictions: You represent and warrant that you are not located in a country that is subject to a U.S., EU, or other sovereign government embargo, or that has been designated by the government as a "terrorist-supporting" country.

17. Assignment

  • By Us: We may assign or transfer our rights and obligations under these Terms, in whole or in part, without restriction and without notice to you.
  • By You: You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
  • Binding Effect: These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

18. Severability

  • Invalid Provisions: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.
  • Essential Terms: If the invalid or unenforceable provision is essential to these Terms, the parties shall negotiate in good faith to amend the Terms to reflect the original intent.

19. Entire Agreement

  • Superseding Agreement: These Terms, along with our Privacy Policy and any additional terms you agree to, constitute the entire agreement between you and Amie regarding the use of the Services and supersede all prior agreements, understandings, or representations.

20. Waiver

  • No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
  • Written Waiver Required: Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Amie.

21. Consent to Electronic Communications

  • Communication Consent: You consent to receive communications from us electronically, such as emails, texts, or notices posted on the Services.
  • Legal Effect: You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.

22. Dispute Resolution and Arbitration

22.1 Informal Resolution

  • Negotiation First: In the event of any dispute arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the dispute informally by contacting care@amie.so and providing a written description of the dispute and any relevant documents.

22.2 Arbitration

  • Binding Arbitration: If the dispute is not resolved through informal negotiation within thirty (30) days, it shall be finally settled by binding arbitration in accordance with the rules of the German Institution of Arbitration (DIS).
  • Location: The arbitration shall take place in Berlin, Germany.
  • Language: The arbitration proceedings shall be conducted in English.
  • Costs: Each party shall bear its own costs and expenses, including attorneys' fees, and an equal share of the arbitrator's and administrative fees of arbitration.

22.3 Exceptions

  • Injunctive Relief: Either party may seek injunctive relief or other equitable remedies from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights.
  • Small Claims: You may assert claims in small claims court if your claims qualify.

22.4 Waiver of Class Actions

  • Individual Capacity: All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
  • No Class Actions: The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

23. Governing Law and Jurisdiction

23.1 Governing Law

  • Applicable Law: These Terms are governed by the laws of the Federal Republic of Germany, without regard to its conflict of laws principles.
  • Exclusion: The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

23.2 Jurisdiction

  • Exclusive Venue: The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Berlin, Germany.
  • Consent to Jurisdiction: You consent to the personal jurisdiction of the courts located in Berlin, Germany.

24. Language

  • Governing Language: These Terms are executed in the English language. In the event of any conflict between the English version and any translation, the English version shall prevail.

25. Survival

  • Continuation of Terms: Provisions that by their nature should survive termination of these Terms shall survive, including, but not limited to, sections on Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law.

26. Changes to the Terms

26.1 Updates and Notifications

  • Right to Update: We may update these Terms from time to time.
  • Notification: The current version will always be available on our Websites and in the Amie App. If we make material changes that affect your rights, we will notify you at least four weeks before they become effective by email or prominent notice on our Services.

26.2 Acceptance of Changes

  • Continued Use: If you continue to use our Services after the updated Terms take effect, you agree to be bound by the revised Terms.
  • Right to Terminate: If you do not agree to the new Terms, you may terminate your use of the Services as described in Section 7.

27. Contact Information

For any questions or concerns regarding these Terms, please contact us at:

Amie GmbH
Adalbertstraße 20
10997 Berlin, Germany
Email: care@amie.so

Thank you for choosing Amie. We appreciate your trust and are committed to providing you with excellent service.

Last Updated: December 2024