Terms of Service

1. Scope of Application

1.1 These Terms of Service ("Terms") govern the contractual relationship between Alexander Vierdag, acting as a sole proprietor (Einzelunternehmen) under the business name "Interview Intelligence" ("Provider", "we", "us") and the user ("User", "Customer") regarding the use of the web-based application "Interview Intelligence" ("Service").

1.2 The Provider operates as a sole proprietorship (Einzelunternehmen) with its place of business in Haan, Germany. Full provider information is available in the Legal Notice (Impressum).

1.3 These Terms apply to consumers (B2C) and business customers (B2B). If the User is a consumer, mandatory consumer protection rules of the country in which the consumer has their habitual residence remain unaffected.

2. Subject Matter of the Contract / Service Description

2.1 The Provider offers a Software-as-a-Service (SaaS) tool to support interview preparation, including (but not limited to) a question database, mock interview functionality, and AI-based feedback.

2.2 The Service is provided solely via online access. The Provider currently does not supply downloadable digital content as part of the subscription.

2.3 The Service is offered under a single subscription plan granting access to all features available at the time during the subscription term. The Provider may update, improve, modify, or discontinue features for legitimate reasons (e.g., technical improvements, security, legal compliance), provided that the overall character of the Service is maintained and the User's legitimate interests are reasonably considered.

3. Contract Formation

3.1 The contract is concluded when the User completes sign-up and places an order via the online checkout, confirming the payment obligation by clicking the final order button labeled "Subscribe and Pay" (or an equally unambiguous wording).

3.2 Access is granted immediately after successful payment confirmation, unless stated otherwise in the checkout process.

4. Prices, Billing, Payment (Small Business Regulation)

4.1 Subscription fee: The subscription fee is EUR 34.00 per month.

4.2 No VAT charged: As a small business under § 19 UStG (Kleinunternehmerregelung), the Provider does not charge or show VAT (Umsatzsteuer).

4.3 Billing: Billing occurs monthly in advance and renews automatically at the end of each billing period unless cancelled.

4.4 Payments: Payments are processed via Stripe (payment service provider). Stripe's payment terms may apply in addition.

4.5 If the Provider ceases to apply the small business regulation in the future (e.g., due to exceeding thresholds or opting into regular VAT), prices and tax treatment will be adjusted accordingly for future billing periods. Users will be informed in advance where legally required.

5. Cancellation / Termination

5.1 The User may cancel at any time via the account area under "Manage Subscription".

5.2 Cancellation takes effect at the end of the current paid billing period. Access remains active until the end of that billing period.

5.3 No partial refunds are granted for unused time within a billing period, unless mandatory law requires otherwise.

5.4 The Provider may terminate the contract for cause, especially in cases of material breach of these Terms, unlawful use, or non-payment. Further statutory rights remain unaffected.

6. Right of Withdrawal (Consumers Only)

6.1 If the User is a consumer within the meaning of § 13 BGB, the User generally has a statutory right of withdrawal within 14 days.

6.2 Early commencement of performance: By placing the order, the User expressly requests that the Provider begins performance of the Service before the expiry of the withdrawal period.

6.3 Consequences of withdrawal after performance has begun: If the User withdraws after the Provider has begun performance at the User's request, the Provider is entitled to reasonable compensation for the services provided up to the time of withdrawal, in accordance with applicable law (in particular § 357a BGB), provided the User was properly informed.

6.4 The right of withdrawal expires only under the statutory conditions. For ongoing subscription services, full performance typically occurs at the end of the respective billing period.

6.5 The detailed Withdrawal Policy (including instructions and a model withdrawal form) is provided separately and forms part of the consumer information.

7. User Obligations / Acceptable Use

7.1 The User must not misuse the Service. In particular, the User must not:

• scrape or extract content using automated means,
• reverse engineer, circumvent, or attempt to bypass security measures,
• share account credentials with third parties or allow third parties to use the account,
• use the Service in a way that violates applicable laws or third-party rights.

7.2 User content: The User is solely responsible for all content the User uploads or submits (e.g., recordings, text, documents). The User warrants that they have all necessary rights and permissions for such content.

7.3 Recordings and third-party data: If the User uploads recordings that include other persons, the User must ensure that any required consents were obtained prior to recording and uploading. The User must not upload unlawful recordings or sensitive third-party data without a valid legal basis.

7.4 Enforcement: The Provider may restrict access, remove content, or suspend/terminate accounts if there are indications of violations of these Terms or applicable law.

8. AI-Based Features (OpenAI)

8.1 Certain features use AI services provided by OpenAI to analyze user inputs and generate feedback.

8.2 The AI output is provided for informational and training support only and does not constitute professional career, legal, or employment advice.

8.3 The Provider does not guarantee any particular interview outcome, job offer, or career result.

9. Availability / Maintenance

9.1 The Provider strives to provide a high availability of the Service, but does not guarantee uninterrupted operation.

9.2 Temporary limitations may occur due to maintenance, updates, security measures, or technical issues. The Provider will, where reasonable, take the User's legitimate interests into account.

10. Liability

10.1 Unlimited liability: The Provider is liable without limitation for damages caused by intent or gross negligence, as well as for damages resulting from injury to life, body, or health, and in cases of mandatory statutory liability.

10.2 Slight negligence: In cases of slight negligence, the Provider is liable only for breach of essential contractual obligations (cardinal obligations). In such cases, liability is limited to the typically foreseeable damage at the time of contract conclusion.

10.3 Data loss: Liability for data loss is limited to the damage that would have occurred even if the User had made regular and appropriate backups.

10.4 Exclusions: Any further liability is excluded to the extent permitted by law.

11. Data Protection

11.1 The Provider processes personal data in accordance with the GDPR and applicable data protection laws.

11.2 Details are provided in the Privacy Policy, including information about processing via service providers (such as OpenAI and Stripe).

12. Final Provisions

12.1 Governing law: These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Sales Convention (CISG). Mandatory consumer protection provisions of the User's habitual residence remain unaffected.

12.2 Jurisdiction: If the User is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is Haan, Germany.

12.3 Severability: If any provision of these Terms is invalid or unenforceable, the remaining provisions shall remain in effect. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision, where permissible.