for the provision of services by GM Labs, Georg Malahov, Kurt-Schumacher-Str. 32, 97422 Schweinfurt, Germany, email: georg@malahov.io (the "Provider") to its customers (the "Customer").
1. Scope
1.1 These Terms of Service ("Terms") apply to all contracts for the use of the web-based services offered on malahov.io that are concluded between the Customer and the Provider under inclusion of these Terms.
1.2 The Provider may use subcontractors (e.g. hosting, payment, and AI providers) to deliver the services; they may in turn engage subcontractors. The Provider remains the Customer's sole contractual partner. An overview of the providers used is published at Sub-processors.
1.3 Deviating terms and conditions of the Customer are not recognized by the Provider unless expressly agreed.
2. Subject matter and scope of services
2.1 The Provider offers web-based software services ("Services"), currently in particular:
- Dictation app: voice recording with AI-powered transcription, text cleanup according to configurable instructions, and optional translation; local history and optional end-to-end encrypted device sync.
- Subtitle editor: browser-based subtitle editing with AI-powered transcription, translation, and text refinement.
2.2 The Services include access to the software and the associated processing of audio and text data by external AI and infrastructure providers in the EU (see the Privacy Policy for details).
2.3 The specific feature set of the selected plan (free plan, trial period, Pro subscription) follows from the service description on the website at the time the contract is concluded, including the usage allowances stated there (fair-use limits, see Section 6).
2.4 The Provider renders the contractual services with the greatest possible care and diligence according to the current state of the art.
3. User account
3.1 A user account is required to use the Services. Registration is passwordless via email one-time code or — where offered — via a third-party login (e.g. Google).
3.2 The Customer must provide a correct email address accessible to them during registration and protect access to their email inbox. The account is not transferable.
4. Free plan and trial period
4.1 The Provider offers a free basic plan with a limited usage allowance. After registration, the Customer additionally receives a one-time free 7-day trial with the full Pro feature set. No payment details are collected for the trial; when it expires, the account switches automatically and free of charge to the free basic plan. There is no automatic conversion to a paid subscription.
4.2 There is no entitlement to the free basic plan; the Provider may adjust its scope with effect for the future.
5. Pro subscription, prices, and payment
5.1 The Pro subscription is available in two billing variants:
- monthly: €7.99 per month,
- annual: €71.88 per year (equivalent to €5.99 per month).
The prices shown on the website at the time of ordering are decisive.
5.2 As a small business within the meaning of § 19(1) of the German VAT Act (UStG), the Provider does not charge VAT; the prices shown are final prices.
5.3 Payment is processed via the payment provider Stripe (hosted checkout). The subscription fee is due in advance at the start of each billing period and is charged to the payment method stored with Stripe. The Customer receives a payment confirmation or invoice by email.
5.4 The Provider announces price changes for existing subscriptions by email at least four weeks before they take effect; they apply from the following billing period onward. In the event of a price increase, the Customer may cancel the subscription effective at the end of the current billing period.
6. Usage allowances (fair use)
6.1 The free basic plan currently includes up to 10 recordings per day, each up to 60 seconds long; translation and device sync are reserved for the Pro plan.
6.2 The Pro subscription is subject to a fair-use limit, currently 600 minutes of processed audio per calendar month. When the limit is reached, further audio processing is paused until the start of the following month; already processed content and all other features remain usable.
6.3 The Provider reserves the right to make moderate adjustments to the allowances that do not endanger the purpose of the contract; for running subscriptions, reductions only take effect from the following billing period.
7. Term, renewal, and cancellation
7.1 The subscription renews automatically for the selected billing period (month or year) until it is cancelled.
7.2 The Customer may cancel the subscription at any time, without notice period, effective at the end of the current billing period — self-service via the Stripe customer portal (reachable via "Manage subscription" in the account settings) or by email to georg@malahov.io. The Pro feature set remains available until the end of the already-paid period; after that, the account switches to the free basic plan.
7.3 Both parties' right to extraordinary termination for good cause remains unaffected.
7.4 Statutory refund claims (in particular under the right of withdrawal, Section 8) remain unaffected; beyond that, no pro-rata refund of already-paid periods is made upon cancellation.
8. Right of withdrawal and immediate commencement
8.1 Consumers have a statutory right of withdrawal within 14 days of contract conclusion. Full details, including the model withdrawal form, are provided in the Cancellation Policy.
8.2 Consent to immediate commencement: by checking the consent box during checkout, the Customer expressly requests that the Provider begin performance before the withdrawal period expires (Article 16(m) of Directive 2011/83/EU; § 356(5) of the German Civil Code, BGB). If the Customer subsequently exercises the right of withdrawal, they owe a proportionate amount for the services already provided up to the withdrawal, measured by the elapsed share of the billing period (§ 357a(2) BGB); the remainder is refunded.
9. Acceptable use
9.1 The Customer agrees to use the Services only within the bounds of applicable law. In particular, the following is prohibited:
- processing content that infringes third-party rights (e.g. copyright or personality rights) — the Customer is responsible for being entitled to record and process the audio and video content they submit, including any required consents of recorded persons;
- attempts to gain unauthorized access to the Provider's systems or to technically circumvent usage allowances;
- automated bulk use of the AI endpoints outside the intended application features;
- impairing the proper functioning of the Services (e.g. through malware or overloading).
9.2 In the event of serious or repeated violations, the Provider may suspend the account after prior notice — or without notice where delay would create risk — or terminate the contract extraordinarily.
10. Availability and further development
10.1 The Provider strives for high availability of the Services but does not owe uninterrupted availability. Maintenance, further development, and disruptions at upstream providers may lead to temporary limitations.
10.2 The Provider may further develop the Services and change features as long as the purpose of the contract is preserved for the Customer. The Customer's content (e.g. dictation history) primarily resides locally on their device and can be exported or copied at any time.
11. Intellectual property and Customer content
11.1 All rights to the Provider's software, websites, and trademarks remain with the Provider.
11.2 Content submitted by the Customer or generated with the Services (recordings, transcripts, subtitles) remains the Customer's. The Customer grants the Provider the non-exclusive usage rights required for operation, as necessary for technical processing (including processing by the engaged processors).
12. Liability / indemnification
12.1 The Provider is fully liable for any legal reason in case of intent or gross negligence, in case of intentional or negligent injury to life, body, or health, on the basis of a guarantee promise unless otherwise regulated in this regard, or on the basis of mandatory liability. If the Provider negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies according to the preceding sentence. Essential contractual obligations are obligations that the contract imposes on the Provider according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the Customer may regularly rely. Otherwise, the Provider's liability is excluded. The above liability provisions also apply with regard to the Provider's liability for its vicarious agents and legal representatives.
12.2 AI-generated results (transcripts, cleanups, translations) may contain errors. They are working aids and do not replace professional review by the Customer; within the limits of Section 12.1, the Provider assumes no liability for decisions the Customer bases on unreviewed results.
12.3 The Customer shall indemnify the Provider against third-party claims asserted against the Provider due to the Customer's violations of these Terms or applicable law.
13. Confidentiality and data protection
The Provider treats Customer content confidentially and processes personal data exclusively in accordance with the Privacy Policy and applicable data protection law (in particular the GDPR and the German Federal Data Protection Act).
14. Changes to these Terms
The Provider may amend these Terms for objectively justified reasons (e.g. changes in legislation, case law, market conditions, or the service offering) subject to a reasonable notice period. Existing customers will be notified by email no later than two weeks before the amendments take effect. If the Customer does not object within the period set in the notification, their consent is deemed granted; the notification will point this out. If the Customer objects, the amendments do not take effect towards them; in that case the Provider is entitled to terminate the contract ordinarily as of the date the amendments take effect.
15. Final provisions
15.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of their country of habitual residence.
15.2 Should any provision of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.
15.3 If the Customer 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 place of jurisdiction for all disputes arising from this contractual relationship is the Provider's registered office; exclusive places of jurisdiction remain unaffected.
16. Online dispute resolution / consumer arbitration
The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr. The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board under the German VSBG.