Terms of service
for Speeeak.

Terms of service

Note: This is an English translation provided for convenience. The German version is legally binding.

for the provision of services by OW Media Solutions GmbH, Daimlerstr. 47, 48308 Senden, E-mail: hello@speeeak.de (hereinafter the "Contractor") to its customers (hereinafter the "Client")

1. General

1.1 These Terms of Service (General Terms and Conditions) for the provision of services apply to contracts concluded between the Client and the Contractor with these Terms of Service incorporated.

1.2 Insofar as further contractual documents or other terms and conditions in text or written form have become part of the contract in addition to these Terms of Service, the provisions of such further contractual documents shall take precedence over these Terms of Service in the event of a conflict.

1.3 The Contractor does not recognise any terms and conditions used by the Client that deviate from these Terms of Service, unless expressly agreed to.

2. Subject Matter of the Contract and Scope of Services

2.1 The Contractor, acting as an independent business, provides the following services to the Client:

Speeeak is an online service for recording, sharing and replying to voice messages in the web browser. The customer records a voice message, receives a listening link and a deletion link and can, if desired, additionally receive the message as text (automatic speech recognition on the provider's own servers). Within the free scope, recordings are possible without a customer account; these messages are automatically deleted after a fixed period. In the paid subscription "Speeeak Plus" (monthly term, cancellable at any time with effect from the end of the current billing month), the customer receives a customer account with a longer storage period, a longer recording time, an overview of their messages, text and MP3 export as well as further convenience functions. For website operators, Speeeak additionally offers, in the "Business" plan, an application programming interface (API) and the embedding of the recording widget in the operator's own websites. The service is provided exclusively online; processing and storage take place on servers within the European Union.

2.2 The specific scope of services is subject to individual agreements between the Contractor and the Client.

2.3 The Contractor shall provide the contractual services with the greatest possible care and diligence in accordance with the latest state of the art, the latest rules and findings.

2.4 The Contractor is obliged to provide the services owed under the contract. In carrying out its activities, however, it is not subject to any instructions with regard to the manner in which its services are provided, the place of performance or the time of performance. It will, however, determine the allocation of working days and the allocation of time on those days itself in such a way as to achieve optimum efficiency in its activities and in the realisation of the subject matter of the contract. The provision of services by the Contractor takes place solely in consultation and coordination with the Client.

3. Client's Duties to Cooperate

It is incumbent upon the Client to communicate completely and correctly the information, data and other content to be provided by it for the purpose of performing the services. The Contractor shall not be responsible to the customer in any respect for delays and lateness in the provision of services caused by delayed and necessary cooperation or contributions by the customer; the provisions under the heading "Liability/Indemnification" remain unaffected by this.

4. Remuneration

4.1 The remuneration shall be agreed individually by contract.

4.2 The remuneration shall be paid after the services have been rendered. If the remuneration is measured according to periods of time, it shall be paid upon expiry of each individual period (Section 614 of the German Civil Code (BGB)). In the case of billing based on time and effort, the Contractor is entitled, subject to deviating agreements, to invoice the services rendered on a monthly basis.

4.3 After rendering the services, the Contractor shall issue the Client an invoice by post or by e-mail (e.g. as a PDF). The remuneration is due for payment within 14 days of receipt of the invoice.

5. Liability / Indemnification

5.1 The Contractor shall be liable without limitation on any legal grounds in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb or health, on the basis of a guarantee, unless otherwise provided in this respect, or on the basis of mandatory liability. If the Contractor negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding sentence. Material contractual obligations are obligations which the contract, according to its content, imposes on the Contractor for the achievement of the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely. In all other respects, liability of the Contractor is excluded. The above liability provisions also apply with regard to the Contractor's liability for its vicarious agents and legal representatives.

5.2 The Client shall indemnify the Contractor against any claims by third parties asserted against the Contractor on the basis of breaches by the customer of these contractual terms or of applicable law.

6. Term of Contract and Termination

6.1 The term of the contract and the notice periods for ordinary termination shall be agreed individually by the parties.

6.2 The right of both parties to terminate without notice for good cause remains unaffected.

6.3 Upon termination of the contract, the Contractor shall, at the customer's option, return or destroy all documents and other content provided to it without undue delay. The assertion of a right of retention in this respect is excluded. Electronic data shall be deleted completely. Excluded from this are documents and data in respect of which a longer statutory retention obligation exists, but only until the end of the respective retention period. At the request of the company, the Contractor shall confirm the deletion in writing.

7. Confidentiality and Data Protection

7.1 The Contractor shall treat all matters that come to its knowledge in connection with the engagement as strictly confidential. The Contractor undertakes to impose the obligation of confidentiality on all employees and/or third parties who have access to the information that is the subject of the contract. The obligation of confidentiality applies without time limitation beyond the term of this contract.

7.2 The Contractor undertakes to comply with all data protection regulations – in particular the provisions of the General Data Protection Regulation and the German Federal Data Protection Act – when carrying out the engagement.

8. Final Provisions

8.1 The law of the Federal Republic of Germany applies, to the exclusion of the CISG.

8.2 Should any provision of these Terms of Service be or become invalid, the validity of the remaining Terms of Service shall not be affected thereby.

8.3 The Client shall support the Contractor in the provision of its contractual services by taking appropriate cooperative actions where necessary. In particular, the Client shall provide the Contractor with the information and data required to fulfil the engagement.

8.4 If the Client is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the parties agree that the registered office of the Contractor shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.

8.5 The Contractor is entitled to amend these Terms of Service for objectively justified reasons (e.g. changes in case law, the legal situation, market conditions or business or corporate strategy) and subject to a reasonable notice period. Existing customers will be notified of this by e-mail no later than two weeks before the amendment takes effect. If the existing customer does not object within the period specified in the notice of amendment, their consent to the amendment shall be deemed to have been given. If they object, the amendments shall not take effect; in this case the Contractor is entitled to terminate the contract extraordinarily as of the date on which the amendment takes effect. The notification of the intended amendment of these Terms of Service shall draw attention to the deadline and the consequences of objecting or failing to object.

9. Information on Consumer Dispute Resolution

The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Our e-mail address can be found in the heading of these Terms of Service.

Part B – Special Terms for Speeeak

The following Special Terms apply in addition to the Terms of Service (Part A) to the use of the online service Speeeak at speeeak.io. In the event of conflicts, the Special Terms take precedence (clause 1.2).

B 1. Plans

B 1.1 Free use. Voice messages can be recorded, shared as a listening link and replied to without a customer account. The recording duration and storage period for free use are displayed on the recording page. After expiry of the storage period, messages are deleted automatically and permanently. There is no entitlement to free use; the Contractor may change or discontinue it at any time.

B 1.2 Speeeak Plus. The paid subscription includes a customer account, a longer recording duration and storage period, an overview of the customer's own messages, the pausing of recordings, conversion to text, export as text and MP3, landing pages with the customer's own logo, photo, text and links, a sign-up form on landing pages, the embedding of messages in the customer's own websites, as well as the recorder widget through which visitors to the customer's own website can leave voice messages for the Client. The scope of services and the price applicable at any given time are set out on the pricing page at speeeak.io/preise and in the order form at the time of ordering.

B 1.3 Speeeak Business. The subscription for operators of websites and applications additionally includes access to the application programming interface (API) and the issuing of the customer's own access keys.

B 1.4 Data processing on behalf. Insofar as the Client has personal data of third parties processed by Speeeak via sign-up forms, the recorder widget or the interface, the Client is the controller within the meaning of the GDPR in this respect. For this purpose, the parties conclude a data processing agreement pursuant to Art. 28 GDPR before using these functions. The Client concludes it in the customer account under "DPA" by entering its company details and clicking the button "Conclude DPA now"; the time, IP address, browser identifier and a checksum of the contract text are logged as evidence, and both parties receive the agreement as a PDF. The data processing agreement applies for the duration of the customer account.

B 2. Conclusion of Contract

B 2.1 The presentation of the plans on speeeak.io does not constitute a binding offer but an invitation to place an order. By submitting the order form via the button "Order with obligation to pay", the Client makes a binding offer. The contract is concluded when the Contractor confirms the order by e-mail or activates access.

B 2.2 Before submitting, the Client can check and correct all entries. The contract text is stored and sent to the Client with the order confirmation; it is also available in the customer account. The language of the contract is German.

B 3. Prices and Payment

B 3.1 All prices are final prices in euros and include statutory VAT. For Clients outside Germany, VAT is calculated in accordance with the applicable regulations.

B 3.2 The fee for subscriptions is due monthly in advance. Payment is made via the payment platform of Payrexx AG, Burgstrasse 20, 3600 Thun, Switzerland ("Payrexx"), which the Contractor uses via its contractual partner oc media GmbH, Hafenweg 19a, 48155 Münster. The payment methods displayed on the order page are available; the terms of the respective payment service apply in addition to the respective payment method. The Contractor remains the Client's contractual partner. In connection with the payment, personal data of the Client is transmitted to Payrexx; details are governed by the Privacy Policy (section "Payment processing via Payrexx").

B 3.3 Upon concluding the subscription, the Client authorises the Contractor to collect the monthly price at the beginning of each billing month via the stored payment method. For this purpose, the payment method is stored with Payrexx in tokenised form; payment data is not stored by the Contractor. The Client can change the stored payment method in the customer account and must ensure that it is valid and sufficiently covered during the term. The Client receives an invoice for each payment by e-mail and in the customer account.

B 3.4 If a debit fails, the Contractor notifies the Client by e-mail and repeats the debit up to three times within seven days. If payment is not made, the account is downgraded to free use; messages already created remain available until the expiry of their respective storage period. The Client shall reimburse the costs of a chargeback for which the Client is responsible.

B 3.5 Refunds, for example following a withdrawal, are made via Payrexx to the same payment method used for the payment, unless otherwise expressly agreed.

B 3.6 Price changes are announced to the Client by e-mail at least four weeks before they take effect and apply only from the next billing month following the expiry of this period. The Client may terminate until the change takes effect.

B 4. Term and Termination

B 4.1 Subscriptions have a term of one month from the day of the order and are extended by a further month in each case unless terminated.

B 4.2 The Client may terminate the subscription at any time with effect from the end of the current billing month – in the customer account via the button "Cancel subscription", via the button "Cancel contracts here" on speeeak.io or by e-mail to hello@speeeak.de. The Contractor confirms the termination by e-mail. The full scope of services remains available until the end of the billing month; thereafter, B 3.4 sentence 2 applies accordingly.

B 4.3 The Contractor may terminate the subscription with a notice period of four weeks to the end of a billing month. The right of both parties to extraordinary termination for good cause remains unaffected.

B 5. Rules of Use

B 5.1 The Client may not record or distribute via Speeeak any content that violates applicable law or the rights of third parties, in particular no insulting, threatening, discriminatory content or content harmful to minors, no advertising without the consent of the recipients and no recordings of third parties without their consent.

B 5.2 The Client is solely responsible for the content of its messages and for passing on its listening and deletion links. Access data and access keys must be treated confidentially.

B 5.3 In the event of breaches of B 5.1 or of abusive use (for example automated mass recordings), the Contractor may delete individual messages, block access keys or block the account. The Client will be informed of this by e-mail insofar as this is legally permissible.

B 6. Storage, Export and Deletion

B 6.1 Voice messages are stored for the storage period displayed at the time of creation and are thereafter deleted automatically and permanently. The Client may delete any message beforehand via the deletion link or in the customer account.

B 6.2 The Client may export the messages, texts and account data stored in its customer account as a ZIP file at any time and may delete its customer account itself at any time. Upon deletion of the account, all messages and account data are deleted; the Contractor retains invoice data for the duration of the statutory retention periods.

B 6.3 Speeeak is not an archive. The Client itself backs up messages it wishes to keep permanently, for example via the export.

B 7. Availability and Changes

B 7.1 The Contractor aims for an availability of Speeeak of 99 % on a monthly average. Excluded are announced maintenance windows and disruptions for which the Contractor is not responsible.

B 7.2 The Contractor continues to develop Speeeak and may change or add functions insofar as the contractually agreed scope of services is not materially restricted thereby. Material restrictions are announced by e-mail at least four weeks in advance; in this case the Client may terminate as of the date on which they take effect.

B 8. Landing Pages, Widgets, Embedding and Interface

B 8.1 Landing pages, embeddings and recorder widgets are intended solely for the Client and the websites operated by it. The Client may specify for each widget on which websites it may be displayed. Access keys to the interface (Business) are confidential; the volume limits displayed in the customer account apply to each access key.

B 8.2 The Client is responsible for the content of its landing pages (texts, logos, photos, links) and ensures that it holds the rights required for this. It further ensures that visitors to its websites and recipients of its messages are informed about the processing of their data by Speeeak, and complies with the data protection requirements incumbent upon it as controller, in particular for entries made via the sign-up form and for messages left by visitors via the recorder widget.

B 8.3 Entries and messages received via widgets are available to the Client in its customer account. For messages from widgets, the recording duration and storage period of the Client's plan apply; after expiry, they are deleted automatically and permanently.

B 8.4 The Contractor provides a WordPress plugin and sample code for other systems for embedding. These are provided without warranty as to their functionality in the Client's respective environment; the Client tests the embedding on its own website itself.

B 9. Right of Withdrawal for Consumers

Consumers are entitled to a statutory right of withdrawal. Details are set out in the Withdrawal Policy. If the consumer expressly requests at the time of ordering that the service begin before the expiry of the withdrawal period, the consumer owes, in the event of withdrawal, a reasonable amount for the service provided up to the time of withdrawal.

Last updated: October 2026