Terms of Service

Date of issue: September 12th 2025

Tucan Terms of Use

These Terms of Use (“GTC”) apply to every use of and access to the Tucan platform, the website of Tucan (https://tucan.ai) and all associated sub-pages, widgets, tools, features, applications, data, software, APIs (which may also be subject to separate API Terms of Use) and all other services provided by Tucan Systeme GmbH & Co. KG (hereinafter “Tucan” or “we/us”) (hereinafter jointly “Platform”).

We have compiled these GTC to inform you about the rules for using Tucan and about our contractual relationship with you.

 

In order to use Tucan you must agree to these Terms of Use and to our Privacy Policy. They will be presented to you (i) at first registration, (ii) on our website at www.tucan.ai/agb and https://www.tucan.ai/privacy/ and (iii) whenever these GTC or the Privacy Policy change. If you do not agree, please delete your account and do not use our Platform, because continuing use constitutes acceptance of this agreement.

1. Tucan Offering

1.1 Our offered services

We have developed the Tucan Platform in order to

• provide you with a quick and efficient way to convert audio to text via our speech-recognition algorithm,
• create automatic summaries and evaluations of your conversations and texts, and
• analyse, evaluate and categorise texts (the results of this processing are hereinafter “Result” or “processed content”). 

We offer the following Products on our Platform:

1. “Transcription Offering” (i) Upload audio files in various formats, (ii) automated transcription of uploaded audio files, (iii) an editor to review and correct the transcriptions, and (iv) export/share transcripts in multiple formats.
2. “Meeting Offering” (i) Recording tool for meetings (“Tucan Bot”), (ii) scheduling/organisation of meetings, (iii) upload audio files, (iv) generation of summaries and analyses (“Meeting Summaries”), (v) editor to review/correct transcriptions and Meeting Summaries (together “Meeting Recording”), (vi) overview of all Meeting Recordings, (vii) option to combine/analyse several Meeting Recordings, and (viii) export/share Meeting Recordings in various formats.
3. “Text Summaries” (i) Upload text files (or feed them via API), (ii) generate summaries/analyses and questionnaire-based evaluations, (iii) display matching sources for verification.

(Items 1.1 a–c are each a “Product” or “the Products”.)

1.2 Further services

Further services (consulting, support, bespoke development, implementation or training) are due only after express written agreement. If we render such services, all rights remain with Tucan and these GTC also apply.

1.3 API

1. With an individual agreement we provide you with API credentials. b. The API lets you use Tucan’s infrastructure to automate processing of your content. We process the content in accordance with our agreement, these GTC, any service description and the API documentation. c. We cannot guarantee completeness, correctness or accuracy of API responses or processed content. The results are assistance only and do not replace your own review. d. At our discretion we may supply free “Code Samples”. They are not part of paid services, not suited for production use and may be withdrawn at any time. e. We may introduce new API versions and deprecate old ones if reasonable. We will notify you at least four (4) weeks in advance by email and on the API-docs site.

1.5 On-Premise installation

1. On-premise installation must be agreed in writing. 
2. It grants no additional rights beyond the agreed purposes/duration. 
3. If agreed, you must grant Tucan free server access (at least every 3 months) to install updates, provide technical support free of charge, email a monthly usage report generated by the software, allow confidential remote access for contract monitoring, and upon termination remove all Tucan software without copies and allow inspection.

2. Who may use our Platform

Our offering targets businesses only (“Customers”). If you use Tucan for your business you confirm you are authorised to accept these GTC for yourself and for your company and that all results and services benefit solely the Customer contracting with Tucan.

3. Registration and Accounts

3.1 General

1. Unless otherwise agreed, you may grant any number of employees, affiliates, freelancers or service providers (“Users”) access, provided 

• all technical limits are respected,
• each User confirms confidentiality and usage limits and that the Customer is responsible for compliance, and
• you have sufficient licences.

3. You are fully responsible for all Users’ activities. Report suspected misuse immediately and cooperate with us. c. Registration requires accurate, up-to-date information. You are liable for all activities under your account. Notify team@tucan.ai immediately if your account is compromised. d. Alternative login/identity solutions may be agreed; 3.1 a–b apply analogously.

3.2 Authorised Users

1. You are responsible for

• identifying Authorised Users,
• granting access and setting controls,
• preventing unauthorised access,
• defining permissions, and
• all activities under Users’ accounts.

1. If access is via your organisation or a licensee, it is subject to the agreement between Tucan and that party; access can be revoked at any time. Tucan bears no liability. c. You warrant you have all consents from Users and indemnify Tucan against any claims (incl. privacy). d. Tucan may identify, transfer, restrict or terminate any User account.

4. Fees and Payment Terms

4.1 General

• Tucan may charge flat fees, recurring monthly licence fees or per-user/document fees.
• Flat fees are due in advance at the start of a licence period.
• Recurring monthly licence fees are due at the start of each month.
• Usage beyond agreed maxima is impermissible and chargeable; lower usage gives no refund.
• Manager/technician time beyond included support is billed in 15-minute increments at € 350/h (manager) or € 280/h (technician).

4.2 Price

190. We may offer paid or free trials (“POC/Trial Period”). b. Continued use after a trial without written agreement is billed at double the agreed monthly price. c. For trials over one month the monthly price equals the prorated lump sum. d. All prices are in euro plus applicable taxes and are non-refundable. e. Pay in full without set-off; you bear bank/FX fees. f. Special promotional offers to others do not affect your contract. g. Recurring fees are due monthly in advance; lump-sum fees entirely in advance unless agreed otherwise. h. Late payments incur 9 % p.a. above 3-month EURIBOR and may lead to account blocking. i. Exceeding agreed user/document numbers incurs, per month and per excess unit, the higher of (i) 1 % of the monthly fee or (ii) € 190.

4.3 Price & service changes

1. We may change, add or discontinue the offering or Platform at any time. b. We try to inform you in advance but accept no liability. c. Price/service adjustments for valid reasons take effect the next calendar month. Increases > 12 % (or material impairment) give you a one-time extraordinary right of termination. d. Minor or security-only changes are notified inside the Platform; other changes are emailed two (2) months in advance (“Change Notification”). e. Use after contract expiry is billed at double price and remains unlawful. f. These provisions apply likewise to changed Products.

4.4 Payment processing, invoicing, rights

1. You authorise Tucan/our processors to charge all amounts via your chosen payment method; you bear all taxes. b. Direct-debit mandates are irrevocable for the term. Credit-card pre-authorisations may be taken. c./d. Invoices are provided digitally (PDF/email or in-account). e. Access may be blocked if payment is 14 days overdue (or 5 days after reminder). f. Collection/chargeback costs are chargeable to you. g. Access may be restricted if a third-party licensee fails to pay.

4.5 Your licences

1. Licences renew automatically; One-Time Licences do not. You authorise recurring billing until cancellation. b. “Billing Date” = calendar day of first purchase (monthly/annual). Licences auto-renew for the same period unless cancelled. c. Added Licences are charged pro-rata; cancel before renewal to avoid next fee. d. One-Time Licence charges occur on booking day; no auto-renewal.

5. Your Rights

5.1 Scope of licence

Upon purchase and compliance you receive a personal, worldwide, non-transferable, non-sublicensable, non-exclusive, revocable right to use the Platform and your generated results in the agreed scope.

5.2 Licence restrictions

7. You must not • reproduce, distribute, publicly perform/display the Platform or its tech, • modify the Platform, • interfere with/circumvent functions or security, • exceed usage limits, • breach the conduct rules in § 7. b. We may restrict access for maintenance; we strive to fix issues promptly but cannot guarantee error-free processing.

5.4 Rights to the Platform

The Platform and all elements are the sole property of Tucan or its licensors. All rights not expressly granted remain with Tucan. You irrevocably agree not to compete with Tucan’s services or aid third parties in doing so.

6. Your Content

6.1 Rights & grant

You retain ownership of all content uploaded (“Data”). You grant Tucan a worldwide, non-exclusive, royalty-free licence (incl. sub-licensing) to host, store, transmit, display, perform, reproduce, modify, export, process, transcribe, transform and duplicate the Data solely to perform the contract, operate the Platform and improve services. You may delete content at any time; we delete it permanently after statutory retention. You are solely responsible for legality of your content. Processing is automated; Tucan has no duty to verify.

Tucan will access Data/processed Data only

• to fix technical issues endangering availability, or
• on your written request (e-mail suffices). Access is logged, limited to selected confidential employees and approved by management. Access logs (time, size, etc.) may be kept for billing/security/statistics.

6.2 Sharing function

If you share content (“Share Function”) you alone are responsible; Tucan accepts no liability. You warrant you hold all rights and indemnify us against third-party claims.

6.3 Rights to Authorised Users

Sharing via the Platform grants those users a non-exclusive right to access/use/modify/ reproduce the content as the Platform and these GTC allow.

6.4 Feedback

Feedback you provide may be used by Tucan unrestrictedly free of charge; no claims arise unless agreed otherwise in writing.

6.5 Recordings of third parties

You are solely responsible for notifying and obtaining consent from recorded persons according to local law and must indemnify Tucan for related claims.

6.6 Disclaimer for your content

You warrant

• you own or hold all rights/permissions,
• no content violates rights or laws, defames or forces Tucan to infringe rules, and
• no unlawful/offensive/racist/etc. content is uploaded. Tucan may refuse or delete content if risk exists.

6.7 Review duty

Tucan is not obliged to monitor content but may remove or block it at any time without notice if it violates these GTC.

6.8 Marketing

Unless you object in writing, Tucan may list you as a reference customer in marketing material without disclosing contract details or contact data.

7. Code of Conduct

It is forbidden on Tucan to: a. upload illegal content; b. infringe third-party rights; c. upload content without author’s permission; d. upload offensive/defamatory/racist/pornographic/violent/etc. content; e. distribute viruses/malware; f. impair Platform performance or user experience; g. endanger/bypass security or test it without permission; h. develop/use programs that interact with Tucan without consent; i. access another’s account without consent; j. use the Platform commercially without written approval; k. engage in fraud or false representation; l. transfer/sell granted access/material without Tucan’s prior written consent (except as agreed).

8. Copyright

8.1 Contact

Tucan complies with applicable copyright law. Copyright complaints: team@tucan.ai Tucan Systeme GmbH & Co. KG, Boxhagener Str. 22, 10245 Berlin, Germany

8.2 Procedure

Accounts connected to proven infringements will be deleted and barred.

9. Contract Term, Termination & Changes

9.1 Term

1. Contract starts when you accept these GTC and our offer/individual agreement. b. Unless fixed-term, it runs indefinitely. c. Tucan may declare automatic conversion into an indefinite contract if you continue to use Products after a fixed term ends.

9.2 Termination

1. If indefinite, either party may terminate with 30 days’ notice to month-end. Fixed-term or trial contracts cannot be terminated early unless agreed. b. Statutory extraordinary termination rights remain. c. Termination notice must be emailed to team@tucan.ai stating the termination date (and full reason if for cause). Improper notice is ineffective. d. Tucan may terminate immediately for cause or otherwise to the end of the current licence period. Breach of GTC ends access instantly.

9.3 Effects

Upon termination:

• licence ends, stop using the Platform,
• no further account access,
• pay all amounts due,
• clauses 4, 5, 6, 10, 11, 12, 15 survive.

9.4 Amendments to these GTC

Tucan may amend/supplement these GTC in accordance with applicable law.

10. Warranty

1. Platform is provided “as available”. b. No warranty that it is virus-free, error-free, secure, device-compatible or fit for a particular purpose. c. Machine-generated results may be inaccurate; you must verify them. d. You are responsible for your own security measures. e. No warranty for data loss.

11. Limitation of Liability

1. Liability only for intent or gross negligence or breach of cardinal duties, limited to foreseeable, typical damages. b. No liability for pure economic loss, lack of success, lost profit, consequential damage or third-party damage. c. Aggregate liability limited to the lower of (i) 10 × fees paid or (ii) € 500,000. d. Same limits apply to Tucan staff and agents.

12. Indemnification

12.1 You indemnify Tucan (incl. partners/employees) from all claims, losses, costs (incl. legal fees) arising from (i) your use of Tucan, or (ii) your breach of these GTC. 12.2 You hold Tucan harmless against copyright or other third-party right violations caused by your use. 12.3 Indemnity obligations survive termination indefinitely.

13. Data Protection

Please see our Privacy Policy at www.tucan.ai/datenschutz.

14. Assignment & Sub-contracting

• Tucan may transfer rights/offerings to third parties without consent (you will usually be informed; you may object for good cause).
• Tucan may engage sub-processors; information or consent (email sufficient) is provided as required and relevant data-processing agreements apply.

15. Miscellaneous

1. Your own T&Cs apply only if Tucan accepts them in writing. 
2. Set-off/retention permitted only with undisputed or finally adjudicated counter-claims that are reciprocal. 
3. Invalid provisions are replaced by valid ones closest to original intent; the contract otherwise remains valid. 
4. No oral side agreements; amendments require written form signed by both parties (including any waiver of this form clause). 
5. Exclusive venue is the competent commercial court in Berlin; German law applies, excluding conflict-of-law rules and the UN CISG.
6. If there is a discrepancy between the German and the English version of these terms, the German version shall prevail. 

16. Contact

Email us at team@tucan.ai – we welcome comments or questions. Notices to you go to the administrator email you provided; notices to us to team@tucan.ai and are deemed delivered the day sent.

 

Berlin, 01 September 2025