Terms of Use

Last updated: September 14, 2025

These Terms of Use (“Terms”) govern your access to and use of https://art-of-talk.com (the “Website”) and related services operated by XOR Digital GmbH (“XOR Digital,” “we,” “us,” or “our”). By using the Website or services, you agree to these Terms. If you do not agree, do not use the Website.

1) Eligibility

You must be legally capable of entering into binding contracts. The Services are not intended for children under 16.

2) Access via PINs

We do not use persistent user accounts. Access is provided through temporary access PINs (“PINs”). PINs enable you to record conversations, generate analyses, and download session Reports. 

- You are responsible for keeping your PIN secure. 

- All activity under your PIN is your responsibility. 

- Session data (recordings, transcripts, analyses, Reports) is deleted at logout and cannot be recovered. 

- If you want to retain a Report, you must download it before logout. 

- We may suspend, recall, or terminate PINs at any time if we suspect misuse, abuse, unauthorized activity, or technical/security risks.

3) Functionality

The Services allow you to:

- Record audio conversations,

- Convert speech to text via Microsoft Azure AI Services,

- Analyze transcripts with OpenAI models,

- Generate downloadable Reports.

All processing is session-based. Data is not stored beyond your logout.

4) User Content & Responsibilities

You are solely responsible for all content you record or provide (“User Content”). You represent that you have obtained all necessary consents and complied with applicable laws (e.g., recording consent). 

You grant XOR Digital a limited license to process User Content solely for providing Services during your session. This license ends when your data is deleted at logout.

5) Acceptable Use

You agree not to misuse the Services, including by:

- Recording individuals without legal consent,

- Submitting unlawful, infringing, or harmful content,

- Interfering with the Services’ operation,

- Reverse engineering, probing, or disrupting systems.

6) No Storage Guarantee

All session data is deleted upon logout. We do not back up or recover session data. You acknowledge that failure to download Reports before logout will result in permanent loss. We are not responsible for lost data.

7) Reports & Outputs

Reports are machine-generated using third-party services. They may contain errors, omissions, or inaccuracies. XOR Digital does not provide professional advice. You are responsible for validating any outputs.

8) Third-Party Services

We rely on third parties: Microsoft Azure (Speech-to-Text, hosting), OpenAI (analysis), GoDaddy (website hosting), and Mixpanel (analytics). Your use may be subject to their terms.

9) Privacy

Use of the Services is subject to our Privacy Policy and Cookie Policy, available on https://art-of-talk.com. We process session data only to provide the Services, and delete it upon logout. Waitlist sign-ups may collect name and email. Questions: hello@xordigital.de.

10) Intellectual Property

We own all rights in the Services except your User Content. You retain rights in your User Content.

11) Feedback

You grant us a perpetual, royalty-free license to use any feedback you provide.

12) Beta Features & Changes

We may change, suspend, or remove features at any time. Continued use after updates constitutes acceptance.

13) Disclaimers

The Services and outputs are provided “AS IS.” We disclaim all warranties to the maximum extent allowed by law. We do not warrant accuracy or fitness for purpose.

14) Limitation of Liability

To the maximum extent allowed by law, XOR Digital’s total liability will not exceed EUR 100. We are not liable for indirect, incidental, or consequential damages, including lost data or Reports.

15) Indemnification

You agree to indemnify and hold harmless XOR Digital against claims, damages, and expenses arising from your User Content, misuse, or violation of these Terms.

16) Termination & Recall

You may stop using the Services at any time. We may suspend, recall, or terminate PINs or access immediately for violations, abuse, or security reasons. Upon logout or termination, session data is deleted.

17) Governing Law & Jurisdiction

These Terms are governed by German law. Exclusive jurisdiction lies with the courts in Munich, Germany, unless mandatory law grants you another venue.

18) Severability & Assignment

If part of these Terms is unenforceable, the remainder applies. You may not assign rights without our consent. We may assign these Terms in connection with a merger, acquisition, or sale.

19) Entire Agreement

These Terms, together with the Privacy Policy and Cookie Policy available on https://art-of-talk.com, form the entire agreement.

20) Contact

XOR Digital GmbH

Krähenweg 26

82140 Olching

Germany

Email: hello@xordigital.de