Terms of Service

§ 2 Conclusion of Contract, Access and Account

(1) Contracts with organisations are concluded through an individual offer by the Provider and its acceptance by the customer (order). The Provider then sets up the organisation account. The organisation owner can create trainers; trainers can create users or add existing users with their invite token. The organisation owner can also provide registration links, optionally with a password, a restriction to certain e-mail domains and a maximum number of registrations.

(2) Individual users receive their access from the Provider or register themselves, insofar as the Provider has enabled self-registration. The contract is concluded upon completion of registration or activation of the account; its scope depends on the assigned plan (§ 4).

(3) Use of the Platform is only permitted for persons aged 16 or older. Whether persons aged 16 to 17 (e.g. trainees) may use the Platform is decided by the organisation under its own responsibility.

(4) Users are obliged to provide truthful and complete information and to keep it up to date. Access is personal; sharing login credentials or login codes with third parties is prohibited.

(5) Login is by a one-time code sent to the registered e-mail address or by password. Users must protect their access from unauthorised use and must notify their organisation or the Provider immediately if misuse is suspected.

(6) The Platform's demo can be used without an account. It covers the Dialog Trainer and is limited in time and in the number of starts. Demo sessions and demo characters are deleted after 24 hours. To enforce the usage limits, the Provider stores a cryptographic hash (HMAC) of the IP address, not the IP address itself. §§ 5, 6 and 9 apply accordingly to demo users.

(7) The Provider may block accounts in case of violations of these Terms. Organisation owners and trainers can block the access of the users assigned to them.

§ 3 Service Description

(1) Depending on the agreed plan and the enabled modules, the Platform offers the following features:

(2) The specific scope of services results from the offer or order and the assigned plan (§ 4).

(3) The Provider strives for high availability of the Platform but does not guarantee uninterrupted accessibility. Maintenance work and technical disruptions may lead to temporary limitations. Availability commitments (service levels) only apply if they are expressly agreed in the offer or order.

§ 4 Plans, Quotas and Remuneration

(1) The Platform is offered in different plans, which differ in particular in their quotas (e.g. number of sessions, transcription and conversation minutes, AI feedback, PDF uploads and dictation minutes). Organisations can assign minute quotas to their users.

(2) The plan, quotas, remuneration, billing period and payment terms result from the offer or order. All prices are exclusive of statutory VAT.

(3) If a quota is used up, the feature concerned may not be available, or only to a limited extent, until the start of the next quota period or until the quota is extended.

§ 5 AI Features and Transparency

(1) The user acknowledges that:

• the conversation partners in the Dialog Trainer are AI-controlled systems and not real persons;
• the voices of the conversation partners are synthetically generated (AI speech synthesis);
• avatar images are AI-generated and do not depict real persons;
• feedback, ratings (scores) and quiz questions are automatically created by AI, may be incorrect or incomplete and do not replace professional advice;
• the microphone input in the Presentation Trainer, in the Dialog Trainer and for dictation is transmitted live to a speech recognition service and converted into text there;
• transcripts and texts are transmitted to an AI language model for conversation simulation, for feedback, for the sentiment and key-phrase analysis of presentations, for creating quiz questions (including the user's own past conversation transcripts) and for creating topics, archetypes, characters and company knowledge;
• the pitch and volume analysis measures technical speech characteristics (variation, consistency, clarity) and does not perform emotion recognition.

(2) The AI Services (speech recognition, language model and speech synthesis) are provided by Mistral AI SAS, Paris (France). Only if the organisation owner selects "Mistral with OpenAI fallback" or "OpenAI only" as the speech recognition provider in the organisation settings is OpenAI (OpenAI Ireland Ltd, Ireland; processing also by OpenAI in the USA) used additionally or exclusively for speech recognition. In fallback mode, the Platform switches to OpenAI if Mistral AI fails; in this case, the most recently buffered approx. 5 seconds of audio are also transmitted. By default and in the demo, only Mistral AI is used.

(3) The AI assistant in group chats is only active if a trainer has enabled it for the respective group. The commands @summary (@zusammenfassung), @todo (@aufgaben) and @quiz (@quizfrage) transmit the last 30 text messages of the group, including the display names of the senders, to Mistral AI; the answer is visible to all group members.

(4) AI-generated content (e.g. feedback, ratings, conversation responses, generated topics, characters, knowledge texts and quiz questions) serves exclusively for training purposes. The Provider assumes no liability for the accuracy or completeness of AI-generated content. Users must check AI-generated content before any further use.

(5) Ratings and scores are automated assessments for training purposes. The Provider does not make any decisions based solely on automated processing that produce legal effects concerning users or similarly significantly affect them (Art. 22 GDPR).

(6) Trainers and organisation owners can view, among other things, session overviews, ratings (scores), speech metrics, usage times and the last activity of the users assigned to them. The organisation decides under its own responsibility how it uses results and is in particular responsible for compliance with employee data protection law (§ 26 BDSG) and for respecting the works council's co-determination rights (§ 87(1) no. 6 of the German Works Constitution Act, BetrVG). Results of the Platform must not be used as the sole basis for employment decisions or performance appraisals.

(7) Further information on processing by the AI Services is provided in the Privacy Policy and, for organisations, in the DPA (§ 10).

§ 6 Obligations of Users and the Customer

(1) Users agree to use the Platform only for lawful purposes and in compliance with applicable laws.

(2) In particular, it is prohibited to:

• distribute unlawful, offensive, discriminatory or otherwise objectionable content via the Platform;
• use the Platform to spread malware or conduct cyber attacks;
• circumvent or manipulate the Platform's technical safeguards (reverse engineering);
• use the Platform in a manner that impairs its operation or security;
• use personal data of real customers or other third parties, special categories of personal data (Art. 9 GDPR) or information subject to banking secrecy or a professional duty of confidentiality in sessions, uploads, inputs or chats – training scenarios must be designed with fictitious or anonymised information;
• upload content (e.g. PDF files, images, texts) for which the user does not hold the necessary rights;
• record other persons without their knowledge;
• collect, store or process third-party personal data without a legal basis;
• present AI-generated content as one's own professional advice.

(3) As controller for the personal data of its users, the organisation is in particular obliged to:

• inform its users about the data processing before they start using the Platform (Art. 13 GDPR) and point out to them the provisions of these Terms that apply to them;
• ensure that there is a legal basis for the processing and that any co-determination rights, in particular those of the works council, are respected;
• check the lawfulness under data protection law before selecting OpenAI as the speech recognition provider and before enabling the group AI assistant, for OpenAI in particular the transfer to the USA;
• promptly block the access of users who have left or are no longer authorised and arrange for their deletion;
• name its data protection officer to the Provider in the DPA, if one has been appointed, and notify changes in text form.

(4) In case of violations of these obligations, the Provider reserves the right to restrict or block access to the Platform.

§ 7 Certificates and IDD Learning Time

(1) The Platform records learning time and issues certificates and annual certificates on this basis. Certificates document only the learning time recorded on the Platform and the quiz results achieved.

(2) The Provider does not warrant that certificates will be recognised by authorities, employers or other bodies as proof of continuing professional development, in particular within the meaning of the Insurance Distribution Directive (EU) 2016/97 (IDD). Marking topics as IDD-relevant and checking whether continuing education obligations are met are the customer's responsibility.

(3) Each certificate can be verified via a link or QR code without logging in. Anyone who has the link can view, among other things, the name, company, topic, learning time and quiz result. Users should only share the link if this information may be visible to the recipient.

§ 8 Intellectual Property and Rights of Use

(1) All rights to the Platform, including software, design, texts, graphics and logos, belong to the Provider or its licensors. Use of the Platform does not constitute a transfer of intellectual property rights.

(2) Customers and users retain all rights to their content. For the term of the contract and until return or deletion under § 11 (5) and (6), they grant the Provider a simple, non-transferable right to store and process the content and to transmit it to the processors or sub-processors named in § 10, insofar as this is necessary for the provision of the Platform services.

(3) Customers and users may use the AI results generated within the Platform (e.g. feedback, rating texts, generated topics, characters and knowledge texts) for their own internal purposes. Avatar images and synthetic voices of the conversation partners are provided exclusively for use within the Platform. The Provider does not warrant that AI results are free of third-party rights.

§ 9 Liability and Warranty

(1) The Provider is fully liable for damages arising from injury to life, body or health based on an intentional or negligent breach of duty, for damages based on intent or gross negligence, under a guarantee assumed by the Provider and in the case of fraudulently concealed defects.

(2) In cases of slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations), i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely. In such cases, liability is limited to the foreseeable damage typical for the contract.

(3) The Provider assumes no warranty for:

• the accuracy, completeness or suitability of AI-generated feedback, ratings and other AI results;
• uninterrupted availability of the Platform, unless expressly agreed otherwise;
• achieving specific learning or training outcomes;
• recognition of certificates by third parties (§ 7).

For technical reasons, speech recognition and AI evaluation do not work without errors; individual recognition or assessment errors do not in themselves constitute a defect.

(4) Liability under the German Product Liability Act remains unaffected.

§ 10 Data Protection

(1) The Provider processes personal data in accordance with the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG) and the German Telecommunications Digital Services Data Protection Act (TDDDG). Details are provided in the Privacy Policy.

(2) The organisation is the controller for the personal data of the users of an organisation (organisation owner, trainers and invited users). The Provider processes this data as a processor (Art. 28 GDPR) exclusively on the instructions of the organisation on the basis of the DPA, which forms part of the contract with the organisation.

(3) The Provider itself is the controller for processing the data of website visitors, demo users and individual users without an organisation (including sending login codes to them), as well as the contract and billing contact data of its customers.

(4) To exercise their rights under Art. 15 to 21 GDPR, users of an organisation should contact their organisation (usually their employer) or its data protection officer. The Provider forwards any such requests it receives to the organisation.

(5) The Provider uses the following processors or, where the Provider itself acts as processor, sub-processors:

• Hetzner Online GmbH, Gunzenhausen (Germany): servers and storage of uploaded files and recordings in Germany, encrypted backups and e-mail delivery within the EU.
• Mistral AI SAS, Paris (France): speech recognition, language model and speech synthesis.
• OpenAI Ireland Ltd, Dublin (Ireland), with processing also by OpenAI in the USA: speech recognition only, and only if the organisation owner selects this in the settings (§ 5 (2)). The transfer to the USA is based on the EU Standard Contractual Clauses and the EU-US Data Privacy Framework.

This information is provided for transparency; no consent is obtained through these Terms. Details are provided in the Privacy Policy and, for organisations, in the DPA.

(6) The Provider takes appropriate technical and organisational measures pursuant to Art. 32 GDPR, including encrypted transmission (TLS), encryption of the database and of stored files, and encrypted backups. Details are set out in the DPA.

(7) The Platform uses technically necessary cookies and similar storage technologies (§ 25(2) no. 2 TDDDG); no analytics or tracking tools are used. A complete overview of all entries is provided in our Cookie Policy.

§ 11 Term, Termination and Deletion

(1) The term and notice periods result from the offer or order. If nothing is agreed there, the contract is concluded for an indefinite period and may be terminated by either party at any time without stating reasons in text form.

(2) The right to terminate without notice for good cause remains unaffected. Good cause exists for the Provider in particular in the event of serious or repeated violations of § 6.

(3) Training content, recordings, transcripts, chats and certificates are stored for the term of the contract. There is currently no automatic deletion after fixed periods.

(4) Deletion of individual accounts or data can be requested by e-mail to info@immblend.de; the "Delete Account" function in the settings creates a corresponding e-mail request. Users of an organisation should address their request to their organisation; requests received by the Provider are forwarded to the organisation and carried out on its instructions. The Provider processes deletion requests without undue delay, at the latest within 30 days of receipt.

(5) After the end of the contract, the Provider returns the customer's data or deletes it on the customer's documented instructions. The data is deleted no later than 90 days after the end of the contract, unless statutory retention obligations apply. For organisations, the details are governed by the DPA.

(6) The database is backed up nightly in encrypted form; the backups are kept for 90 days. Deleted data may therefore remain in backups for up to 90 days and is then removed when the retention period expires.

(7) §§ 8, 9 and 10 shall survive termination of the contract.

§ 12 Changes to the Terms

(1) The Provider may amend these Terms with effect for the future if this is necessary for a valid reason, such as changes in legislation or case law, changed technical circumstances or the further development of the Platform, and the balance between performance and consideration is not shifted to the customer's disadvantage. Changes to the main performance obligations and the remuneration require an agreement with the customer.

(2) Changes will be notified to the customer in text form at least four weeks before they take effect. If the customer does not object in text form within this period, the amended Terms shall be deemed accepted; the notification will specifically point out this consequence. If the customer objects, the previous Terms continue to apply; the right of both parties to terminate the contract with notice remains unaffected.

§ 13 Governing Law, Place of Jurisdiction and Dispute Resolution

(1) The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with this contract is Bamberg, Germany.

(3) The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 German Consumer Dispute Resolution Act – VSBG).

§ 14 Final Provisions

(1) Should individual provisions of these Terms be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provisions (§ 306(2) BGB).

(2) Amendments and supplements to the contract require text form. The priority of individual agreements (§ 305b BGB) remains unaffected.

(3) In the event of contradictions, the provisions in the offer or order take precedence over these Terms. In matters of data processing on behalf of the customer, the provisions of the DPA take precedence. If the customer is a financial entity within the meaning of Regulation (EU) 2022/2554 (DORA), the contractual provisions required under Art. 30 DORA, including service levels and exit arrangements, are agreed in a separate agreement; that agreement takes precedence over these Terms.

(4) This English version is provided for convenience only. In the event of any discrepancy, the German version (AGB) is legally binding.

Version 3.0 – Last updated: September 2026