TERMS OF SERVICE — CONVYY

2.1 Age and Capacity. You must be at least 18 years of age and have full legal capacity to enter into a binding contract under applicable law. By creating an Account, you represent and warrant that you meet these requirements.

2.2 Business Use. The Service is intended for professional, commercial, and research use. If you are registering on behalf of a legal entity, you represent and warrant that you are authorized to bind that entity to these Terms.

2.3 Account Accuracy. You agree to provide accurate, current, and complete information during registration and to keep this information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your Account.

2.4 Account Security. You must notify us immediately at legal@convyy.com if you become aware of any unauthorized use of your Account. Convyy is not liable for any loss or damage arising from your failure to safeguard your credentials.

2.5 Account Limits. Each individual user or entity may maintain a maximum of three (3) Accounts, unless expressly authorized otherwise by Convyy.

3.1 Core Functionality. Convyy provides an AI-native platform that replaces traditional static forms with intelligent, conversational surveys. The Service enables Customers to design, deploy, and analyze AI-driven survey conversations adapted to their specific domain (e.g., customer experience, workforce engagement, civic research, market studies). The platform also provides collaborative Workspaces, allowing multiple users to work together in groups on survey projects.

3.2 AI Nature of the Service. The conversational features of the Platform are powered by AI and natural language processing technologies. You acknowledge and agree that:

• AI-generated responses, suggested survey structures, and conversational outputs may not always be accurate, complete, or suitable for every purpose;
• Convyy is at an early stage of development and its AI capabilities are continuously evolving;
• Respondents interacting with AI-powered survey conversations will be clearly notified that they are engaging with an AI system, in compliance with Article 50 of the EU AI Act;
• You bear full responsibility for reviewing, validating, and acting upon any data, insights, or outputs generated by the Platform.

3.3 Service Evolution. As a startup, Convyy actively develops new features and may modify, add, or retire functionalities over time. Material changes will be communicated in accordance with Section 14 of these Terms.

4.1 Permitted Use. You may use the Service only for lawful purposes and in accordance with these Terms.

4.2 Prohibited Conduct. You agree not to use the Service to:

• collect, process, or store data in violation of any applicable law, including the GDPR or BDSG;
• create, deploy, or distribute surveys intended to deceive, manipulate, harass, defame, or harm any individual or group;
• collect sensitive personal data (as defined under Art. 9 GDPR — including health, religious beliefs, racial or ethnic origin, sexual orientation, or biometric data) without explicit, informed consent and appropriate technical safeguards;
• send unsolicited surveys or communications in violation of applicable anti-spam laws;
• attempt to reverse engineer, decompile, disassemble, or otherwise access the source code, algorithms, or underlying technology of the Platform;
• circumvent, disable, or interfere with security or access control features of the Platform;
• scrape, harvest, or otherwise extract data from the Platform by automated means without our express written permission;
• upload or transmit viruses, malware, or any other harmful code;
• use the Service to build a competing product or service, or to benchmark the Platform against a competing product without our prior written consent;
• misrepresent your identity, affiliation, or the purpose of any survey to Respondents.

4.3 Respondent Rights. You are solely responsible for ensuring that your surveys comply with all applicable laws regarding data collection from Respondents, including obtaining any necessary consents, providing required privacy notices, and honoring opt-out requests.

5.1 Scope of AI Learning. To improve the quality, accuracy, and domain-relevance of our conversational AI models, Convyy uses Interaction Patterns derived from activity on the Platform. This is a core and explicitly disclosed function of the Service.

5.2 What We Use. Interaction Patterns are strictly limited to anonymized, aggregated statistical signals about:

• Conversational flow structures that lead to complete and successful survey engagements;
• Phrasing and question-ordering patterns that improve response quality;
• Domain-specific language models and terminology norms (e.g., CX, HR, civic research);
• NLP benchmarking and clustering algorithm performance metrics.

5.3 What We Explicitly Do Not Use. Convyy will never use the following for AI model training or any other purpose beyond service delivery:

• Your organization's proprietary strategies, product plans, competitive intelligence, or business methods;
• Personally identifiable respondent data;
• Survey content that could identify your organization's specific internal data, operations, or positioning;
• Any Customer Data for training, testing, or benchmarking purposes.

5.4 Data Isolation Commitment. The Interaction Pattern extraction process is architecturally isolated from Customer Data. Customer Data is processed exclusively to deliver the contracted Service and is never fed into model training pipelines.

5.5 License Grant. By using the Service, you grant Convyy a non-exclusive, royalty-free, worldwide, perpetual license to extract and use Interaction Patterns as defined in this Section solely for the purpose of improving the Platform.

6.1 Your Ownership. You retain full ownership of all Customer Data. Nothing in these Terms transfers any Intellectual Property Rights in your Customer Data to Convyy.

6.2 License to Operate. You grant Convyy a limited, non-exclusive, revocable license to access, process, store, and display Customer Data solely to the extent necessary to provide and maintain the Service.

6.3 Convyy's Intellectual Property. All rights in the Platform — including its software, design, user interface, trademarks, trade names, AI models, and underlying technology — are and remain the exclusive property of Convyy. These Terms do not grant you any rights in Convyy's intellectual property except the limited right to use the Service as described herein.

6.4 Feedback. If you submit suggestions, ideas, or feedback regarding the Service ("Feedback"), you grant Convyy a non-exclusive, royalty-free, perpetual, irrevocable license to use and incorporate such Feedback into the Platform without restriction or compensation.

7.1 Subscription Plans. The Service is offered under various Subscription Plans, which may include free tiers and paid tiers. Details of current plans, pricing, and included features are published on our website and may be updated from time to time.

7.2 Payment Terms. Paid plans are billed in advance on the applicable billing cycle (monthly or annual). All prices are stated exclusive of applicable taxes (including VAT) unless otherwise indicated.

7.3 Taxes. You are responsible for all applicable taxes, duties, and levies in your jurisdiction. If Convyy is required by law to collect VAT or other taxes, these will be added to your invoice.

7.4 Auto-Renewal. Subscriptions auto-renew at the end of each billing period unless cancelled prior to the renewal date.

7.5 Refund Policy. Except as required by applicable law (including statutory consumer rights under German law), subscription fees are non-refundable. If you are a consumer under the BGB, your statutory right of withdrawal (Widerrufsrecht) applies where legally required; details are provided at the time of purchase.

7.6 Suspension for Non-Payment. Convyy reserves the right to suspend or terminate access to paid features if payment is not received within 14 days of the due date.

8.1 Mutual Confidentiality. Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Service that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information").

8.2 Exclusions. Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; or (c) is required to be disclosed by law or court order.

8.3 Convyy's Obligation. Convyy will treat all Customer Data as Confidential Information and will not disclose it to third parties except as necessary to provide the Service or as required by law.

9.1 Roles. With respect to Customer Data, you act as the Data Controller and Convyy acts as a Data Processor within the meaning of Art. 4 GDPR. Convyy processes Customer Data only on your documented instructions.

9.2 Data Processing Agreement. Where required by applicable data protection law (including Art. 28 GDPR), the parties will enter into a Data Processing Agreement (DPA), which is incorporated into and forms part of these Terms. The DPA is available upon request at legal@convyy.com.

9.3 Respondent Data. You are solely responsible for ensuring that your collection and processing of Respondent data complies with applicable law, including obtaining lawful bases and providing required privacy notices to Respondents before survey participation.

10.1 As-Is Basis. The Service is provided "AS IS" and "AS AVAILABLE" without warranty of any kind, express or implied, to the fullest extent permitted by applicable law.

10.2 No Implied Warranties. Convyy expressly disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

10.3 AI Disclaimer. Given the inherent nature of AI technology, Convyy does not warrant that: (a) AI-generated content will be accurate, complete, or error-free; (b) the Service will always meet your specific requirements; or (c) the results obtained from using the Service will be reliable for any specific use case.

10.4 Uptime. Convyy will use commercially reasonable efforts to maintain Service availability but does not guarantee uninterrupted, secure, or error-free operation.

11.1 Indirect Damages. To the maximum extent permitted by applicable law, Convyy shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages — including loss of profits, loss of data, loss of business opportunity, or reputational harm — arising from your use of or inability to use the Service, even if Convyy has been advised of the possibility of such damages.

11.2 Cap on Liability. Convyy's total aggregate liability to you for any claims arising under or in connection with these Terms — whether in contract, tort, or otherwise — shall not exceed the greater of: (a) the total fees paid by you to Convyy in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) €5 EUR, if you are on a free plan.

11.3 Mandatory Exceptions. Nothing in these Terms excludes or limits Convyy's liability for: (a) death or personal injury caused by Convyy's negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited under applicable German or EU law, including consumer protection rights under the BGB.

13.1 Term. These Terms take effect upon your acceptance and remain in force until terminated.

13.2 Termination by You. You may terminate your Account at any time by contacting us at legal@convyy.com or using the account deletion feature in your dashboard.

13.3 Termination by Convyy. Convyy may suspend or terminate your Account with immediate effect if: (a) you materially breach these Terms and fail to cure the breach within 14 days of written notice; (b) you breach Section 4 (Acceptable Use); (c) continued provision of the Service would violate applicable law; or (d) Convyy reasonably suspects fraudulent or abusive activity.

13.4 Effect of Termination. Upon termination, your right to access the Service ceases immediately. You may request an export of your Customer Data within 30 days of termination, after which Convyy may delete your Customer Data in accordance with our data retention policies. Sections that by their nature should survive termination (including Sections 6, 8, 10, 11, 12, and 15) shall survive.

14.1 Right to Modify. Convyy reserves the right to update these Terms at any time, including to reflect new features, legal requirements, or changes in business practices.

14.2 Notice. For material changes, Convyy will provide at least 14 days' advance notice via email to the address associated with your Account and/or a prominent notice on the Platform.

14.3 Acceptance. Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of the changes. If you do not agree, you must stop using the Service and may terminate your Account before the effective date.

15.1 Governing Law. These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

15.2 Jurisdiction. The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms shall be the courts of Germany, subject to any mandatory legal provisions granting exclusive jurisdiction to another court.

15.3 Consumer Rights. If you are a consumer residing in the EU, you retain the benefit of any mandatory protective provisions of the law of your country of residence.

15.4 Informal Resolution. Before initiating any formal dispute, both parties agree to attempt in good faith to resolve the matter informally by contacting legal@convyy.com.

18.1 Entire Agreement. These Terms, together with the Privacy Policy and any applicable DPA or Subscription Order, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements on this subject.

18.2 Severability. If any provision is found unenforceable, the remaining provisions shall remain in full force.

18.3 Waiver. Failure by either party to enforce any right under these Terms shall not constitute a waiver of that right.

18.4 Assignment. You may not assign your rights or obligations under these Terms without Convyy's prior written consent. Convyy may assign these Terms in connection with a merger, acquisition, or sale of assets.

18.5 Language. These Terms are written in English. Where a translated version conflicts with the English version, the English version shall prevail.