Spokest Spokest

Terms of Service

Effective: 25 March 2026

The legally binding version of these terms is the German original (Allgemeine Geschäftsbedingungen). This English translation is provided for convenience only.

1. Scope and Formation of Contract

These Terms of Service ("Terms") govern the use of services provided by Spokest UG (haftungsbeschränkt), Heubaumweg 21, 91056 Erlangen, registered at the District Court of Fürth under HRB 22016, Managing Director: Phu Le ("Spokest", "we", "us").

By creating an account or using our services, you agree to these Terms. If you do not agree, please do not use our services.

2. Description of the Service

Spokest is a personal AI companion ("AI Brain") that remembers everything you share and grows smarter over time. The service includes:

  • Personal AI conversations via Telegram and other messaging platforms as they become available
  • Persistent memory storage with 6-layer consolidation
  • Cognitive profiling and personality analysis
  • Real-time encrypted backup to your Google Drive
  • Morning digests and proactive insights

AI Notice: Spokest is an AI system. All responses and analyses are generated by artificial intelligence. Spokest is not a human and is not a substitute for professional advice (medical, psychological, legal, or financial).

3. Account Creation

Minimum age: You must be at least 16 years old to use Spokest.

Accurate information: You agree to provide truthful and complete information during registration and to keep it up to date.

Account security: You are responsible for keeping your password confidential and your account secure. Notify us immediately at privacy@spokest.com if you become aware of unauthorized use of your account.

One account per person: Each individual may only create one account.

4. Free Trial

New users receive a 21-day free trial with full access to all features (Genius tier). No credit card required.

After the trial ends, your brain enters read-only mode. Your memories are never deleted. You can subscribe at any time to reactivate your brain.

5. Subscription and Pricing

5.1 Tiers

SparkGeniusMastermind
Monthly€9.95/month€19.95/month€199.95/month
Annual€8.29/month (€99.50/year)€16.63/month (€199.50/year)€166.63/month (€1,999.50/year)

All prices include applicable statutory value-added tax. All tiers include all brain features. Higher tiers offer higher message limits and additional features like voice interaction.

5.2 Payment

Payment is processed via Stripe or PayPal. Subscriptions auto-renew unless canceled before the billing period ends.

5.3 Cancellation

You may cancel your subscription at any time. Cancellation can be done via the cancellation function provided in the app or on our website, or by email to privacy@spokest.com. You will receive prompt confirmation of your cancellation.

After cancellation, you keep full access until the end of the paid period. After that, your brain enters read-only mode. Your memories are never deleted.

5.4 Refunds

Amounts already paid for the current billing period are non-refundable. For annual subscriptions, you may exercise your right of withdrawal within 14 days of purchase under Section 355 BGB (German Civil Code).

5.5 Right of Withdrawal (Widerrufsrecht)

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Spokest UG (haftungsbeschränkt), Heubaumweg 21, 91056 Erlangen, Email: privacy@spokest.com) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email). You may use the model withdrawal form below, which is however not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and no later than fourteen days from the day on which we received notification of your withdrawal of this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.

If you requested that the service begin during the withdrawal period, you shall pay us a proportionate amount corresponding to the services already provided up to the point at which you informed us of the exercise of the right of withdrawal with respect to this contract, compared to the total scope of the service provided for in the contract.

Model withdrawal form

(If you wish to withdraw from the contract, please complete and return this form.)

  • To: Spokest UG (haftungsbeschränkt), Heubaumweg 21, 91056 Erlangen, Email: privacy@spokest.com
  • I/We (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service (*)
  • Ordered on (*)/received on (*)
  • Name of consumer(s)
  • Address of consumer(s)
  • Signature of consumer(s) (only for communication on paper)
  • Date

(*) Delete as applicable.

6. Gift Codes

Spokest offers gift codes redeemable for subscription time. The following conditions apply:

  • Gift codes are non-refundable and cannot be exchanged for cash.
  • Each code is valid for 365 days from the date of purchase.
  • A code can only be redeemed once.
  • Unredeemed codes expire after the validity period.

7. User Content and Intellectual Property

Your memories belong to you. All content you share with Spokest (messages, memories, notes) remains your intellectual property.

You grant Spokest a limited, non-exclusive right to process your content solely to provide the service (e.g., storing memories, creating consolidations, generating cognitive profiles). We do not use your content for advertising, data sales, or AI model training.

The software, design, and technology of Spokest are owned by Spokest UG and protected by copyright.

8. Data Protection

Protecting your data is our highest priority. Details on data collection, processing, and storage can be found in our Privacy Policy.

Summary of our data protection promises:

  • Your memories are encrypted with your personal key (AES-256)
  • Even our servers cannot read your data at rest
  • Real-time encrypted backup to your Google Drive
  • No cookies, no tracking

Artificial Intelligence

Spokest uses artificial intelligence to provide its core service. Your messages are processed by AI systems to generate responses and build your personal memory. Your data is encrypted, stored securely, and associated with your account only. No other user can access your information. For full details, see Section 9 of our Privacy Policy.

9. Prohibited Use

You agree not to use Spokest for the following purposes:

  • Storage or processing of illegal content
  • Abuse of the service (spam, automated mass queries, manipulation)
  • Attempts to circumvent security mechanisms or disrupt the service
  • Reverse engineering, decompilation, or disassembly of the software
  • Sharing your account with third parties or using the account on behalf of third parties
  • Insulting, harassing, or threatening other persons through the service
  • Distribution of malware or harmful content

Violations may result in immediate suspension or termination of your account.

10. Brain Inheritance (Gehirn-Vererbung)

Spokest offers the ability to pass on your digital brain to designated heirs. The following conditions apply:

  • You can designate heirs in your settings and enable or disable the inheritance feature at any time.
  • Activation of heir access is subject to a 48-hour waiting period that can be revoked at any time.
  • Heirs must explicitly consent to receiving access (consent requirement).
  • Heirs receive read access to your memories and can interact with your brain. They cannot delete or modify memories.
  • The identity of heirs is verified before activation.

11. Data Portability and Export

Under Art. 20 GDPR, you have the right to data portability. Spokest supports this through:

  • Real-time backup: Automatic encrypted backup of your data to your Google Drive
  • GDPR export: Full export of all your data in a machine-readable format (JSON)
  • Portability: Your data belongs to you - even after you leave Spokest

11a. Provider Switching and Data Porting (EU Data Act)

Under Regulation (EU) 2023/2854 ("EU Data Act"), you have the following rights when switching to another provider:

  • Notice period: The maximum notice period for switching providers is 2 months.
  • Data porting period: After cancellation, you have 30 days to export all your data in a machine-readable format and transfer it to another provider.
  • Service continuity: During the transition period, your access to Spokest and all your data remains fully available.
  • Technical assistance: We provide technical assistance for migrating your data to another service.
  • No switching or porting fees: No additional fees are charged for switching providers or porting data.

12. Termination and Account Deletion

12.1 Termination by You

You may delete your account at any time via your settings. Upon account deletion:

  • All your memories and personal data are irreversibly deleted from our servers
  • Backups on your Google Drive remain yours and are not deleted by us
  • Account data (email, payment history) is deleted after statutory retention periods

12.2 Termination by Spokest

We may suspend or terminate your account for serious violations of these Terms. In such cases, we will notify you by email and provide reasonable time to back up your data, where legally permissible.

13. Availability and Limitation of Liability

13.1 Availability

We strive to provide Spokest without interruption. However, we cannot guarantee availability at all times. Maintenance and outages may occur.

13.2 Limitation of Liability

Spokest is fully liable for intent and gross negligence as well as for damages to life, body, and health. For slight negligence, Spokest is only liable for breaches of essential contractual obligations (cardinal obligations), and liability is limited to foreseeable, typically occurring damages.

Liability is otherwise excluded. This applies in particular to:

  • Loss or damage of user data to the extent avoidable through regular backups (Google Drive backup)
  • Accuracy of AI-generated responses and analyses
  • Decisions made based on Spokest content
  • Outages of third-party services (Telegram, Stripe, PayPal)

Spokest's total liability to any user is limited to the amount the user has paid to Spokest in the preceding 12 months.

14. Governing Law and Jurisdiction

The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for all disputes arising from or in connection with these Terms is Erlangen, to the extent permitted by law.

For consumers as defined by Section 13 BGB (German Civil Code), the statutory jurisdiction applies.

15. Changes to These Terms

We reserve the right to modify these Terms as necessary (e.g., for legal changes, new features, or changed case law). We will notify you of material changes at least 30 days in advance by email.

If you do not object to the changes within the 30-day period, the new Terms are deemed accepted. We will specifically inform you of your right to object in the notification.

16. Severability Clause (Salvatorische Klausel)

If any provision of these Terms is or becomes invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision that most closely achieves the economic purpose of the invalid provision.

17. Dispute Resolution

We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board (per Section 36 VSBG).

18. Contact

Spokest UG (haftungsbeschränkt)
Heubaumweg 21
91056 Erlangen
Germany

Email: privacy@spokest.com
General inquiries: hello@spokest.com

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