General Terms and Conditions for the Use of Fluuent.ai of Yoummday GmbH
Fluuent.ai is operated by Yoummday GmbH, represented by the managing directors Dr. Klaus Harisch, Pablo Harisch, Frank Moser, Claas van Delden and Benjamin Tützen, Infanteriestraße 11A, 80797 Munich, telephone: +49 89 231660000
E-mail: [email protected] (hereafter “yoummday”)
1. Scope
1.1 These General Terms and Conditions (GTC) govern the use of the AI-supported language evaluation tool “Fluuent.ai” provided on the Yoummday GmbH website by natural persons (hereinafter “Users”) and companies.
1.2 Yoummday offers two versions of Fluuent.ai: a free “Free Version” and a paid“Premium Version”. These GTC apply to both versions, unless expressly stated otherwise.
1.3 By using the tool, the user agrees to these terms and conditions.
2. Description of services
2.1 Fluuent.ai is a tool for evaluating the language level of call center agents and other language users. The basics of the evaluation are, among other things, pronunciation, free speech and listening comprehension.
2.2 The tool uses generative AI technology that assesses the user's language level in real time based on multidimensional algorithms. Yoummday assures that the tool is GDPR-compliant and hosted on servers within the European Union.
2.3 Yoummday does not guarantee a binding classification of the language level.
3. Versions
3.1 Free Version:
The free version allows all visitors to the website to take the language test once free of charge. Registration is not required to use the free version. Termination is not required.
3.2 Premium Version:
The Premium Version is subject to a fee and offers companies an unlimited number of language tests for their employees or other authorized users. The exact prices and license conditions for the Premium Version are described on the yoummday website. Companies that wish to use the Premium Version must conclude a separate license agreement with yoummday.
4. Prices and payment conditions
The Free Version is free of charge for the user. For the Premium Version, the prices and conditions stated on the website apply, as well as the agreement in the separate user contract.
5. Disclaimer
5.1 Yoummday does not guarantee that the Fluuent.ai language level assessments are completely accurate. The assessments are based on an AI-supported analysis, but without guaranteeing a binding certification.
5.2 Yoummday is not liable for damages incurred by the user due to an incorrect or incomplete assessment of the language level, unless these damages are based on intent or gross negligence.
6. Data protection and storage of voice recordings
6.1 Yoummday processes users' personal data in accordance with the General Data Protection Regulation (GDPR) and undertakes not to pass on any personal data to third parties unless this has been expressly agreed. Further information on the processing of personal data and users' rights can be found in the privacy policy.
6.2 The voice recordings made in the course of using Fluuent.ai will be kept for an unlimited period of time, unless the user requests the deletion of the recordings in writing, provided this is technically and contractually possible. The request for deletion must be made in writing to [email protected].
7. Rights of use and intellectual property
7.1 Yoummday grants the user a simple, non-transferable and non-sublicensable right to use the Fluuent.ai tool for the duration of use in accordance with these terms and conditions.
7.2 The user grants Yoummday the irrevocable, worldwide right to store and process the voice recordings and to use them for AI training purposes. This also includes the possibility of using the data in future versions of the AI model.
7.3 All rights to the content provided in the context of using the tool, in particular the results and reports generated by Fluuent.ai, remain with yoummday. Disclosure, duplication or other use outside the purposes of the contract is not permitted without the prior written consent of yoummday.
8. Termination and Expiration of the Contract
8.1 The contract for the premium version can be terminated by either party with a notice period of one month to the end of the respective contract period. Termination must be in writing (e.g. by email).
8.2 Yoummday reserves the right to restrict or terminate access to Fluuent.ai at any time if the user violates these terms and conditions or disregards legal provisions.
9. Final Clauses
9.1 Applicable Law: German law applies to these terms and conditions and the contractual relationship between yoummday and the user, excluding the UN Sales Convention.
9.2 Court of Jurisdiction: The court of jurisdiction for all disputes arising from or in connection with these terms and conditions is the registered office of Yoummday GmbH, provided that the user is a merchant, a legal entity under public law or a special fund under public law.
9.3 Severability clause: Should individual provisions of these terms and conditions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. The ineffective provision shall be replaced by the statutory provisions.
As of: October 2024