Last updated: 29.07.2023
1. Basic provisions
1.1 FEATR UG (haftungsbeschränkt) (hereinafter "FEATR") offers a software solution with which and contract templates and negotiations are prepared and managed in a user-friendly manner (hereinafter "App"). These General Terms and Conditions (hereinafter: "GTC") shall apply to all services provided by FEATR on or via the App, including the declarations relating thereto, unless otherwise agreed in accordance with these GTC.
1.2 The app does not include legal advice or legal services, meaning there is no legal examination of the specific individual case within the meaning of the German Legal Services Act “Rechtsdienstleistungsgesetzes” (RDG) by FEATR. The offer supports the user in the independent creation of his legal documents through a software-supported negotiation and contract creation process tested by legal experts. This process is basically designed in such a way that the application does not require any special legal knowledge. However, an automated interview process cannot cover every single circumstance with its specific peculiarities. The user is therefore required to subject the legal documents created to a plausibility check in particular with regard to the use he intends to make of them. Should a legal review become necessary in a specific individual case, we recommend seeking the advice of a lawyer or other body authorized to provide legal services under the RDG.
1.3 The conclusion of the contract between FEATR and the User takes place after the creation of a User account under inclusion of these GTC. FEATR will send the User an e-mail with an activation code after the e-mail address has been entered in the app. By entering the activation code in the app, the user account is created.
2. Scope of application, Amendments
2.1 The use of the app is only permitted to legal entities, partnerships and natural persons with unlimited legal capacity for their commercial activities. In particular, minors and consumers according to § 13 German civil law (BGB) are prohibited from using the App.
2.2 The application of general terms and conditions of the User is excluded. Deviating, conflicting or supplementary general terms and conditions of the User shall only become part of the contract if and to the extent that FEATR has expressly consented to their application in writing. This consent requirement applies in any case, for example also if FEATR accepts the payments of the contractual partner without reservation in knowledge of the general terms and conditions of the contractual partner.
2.3 FEATR reserves the right to change these GTC at any time and without giving reasons, taking into account and weighing the interests of the User. The new GTC shall be communicated to the User in advance. They shall be deemed to be agreed if the User does not object to their application within 14 days after receipt of the notification and continued use of the App. FEATR will separately inform the User about the essential changes, the possibility to object, the deadline and the consequences of inactivity. If the User objects, the GTC shall remain applicable in the previous version. The right of FEATR to terminate the license agreement with the User according to clause 7 shall remain unaffected.
2.4 The app currently offers only free basic services. It is planned to supplement the functionality of the app with additional services for which a fee is charged. The content of the services offered results primarily from the respective service descriptions and - if no service description exists - from the product descriptions on the website and in the order process. We reserve the right to add provisions regarding additional chargeable services in accordance with the provisions under section 2.3.
3. Functions of the app; Duty of care of the user
3.1 The content of the services offered results primarily from the respective service descriptions and - if no service description exists - from the product descriptions on the website and in the ordering process.
3.2 FEATR regularly develops the App further, so that the functions offered and the compatibility with third-party services may be subject to changes. The presentation of the functions in the app therefore only reflects the scope of functions at the respective time and does not represent a binding offer.
3.3 FEATR stores the data supplied by the User as far as this is necessary for the functionality of the App. The creation and storage of backup copies is the responsibility of the User. FEATR does not create backup copies of the completed contract templates or the contents of the User profile, apart from legal obligations. The User is obliged to properly back up the data. In case of loss, the User is threatened with the loss of access to his data stored in the App. Section 8 of the GTC remains unaffected.
3.4 The user receives access to the app upon conclusion of the contract in accordance with section 1.3. Each account may only be used by the user to whom the account was assigned. The User shall keep the Account data secret and protect it against access by third parties by taking reasonable precautions. In case of violation FEATR reserves the right to block the access.
3.5 The User may use services provided by third party providers to connect the App in order to interact with the third party services independently. FEATR is not responsible for corresponding integration and interaction possibilities and has no influence on them.
4. Conditions of service provision
4.1 FEATR may temporarily restrict certain functions of the App if this is necessary with regard to capacity limits, the security or integrity of the software, servers or services or to carry out technical measures, e.g. maintenance work, and this serves the proper or improved offer of the App. FEATR considers in these cases the legitimate interests of the User, e.g. by appropriate information about planned maintenance work in advance as App message. Section 8 of the GTC remains unaffected.
4.2 As far as FEATR presents contents of third-party providers, FEATR does not assume any warranty with regard to their correctness, completeness or being up to date. There is no contractual relationship between FEATR and the providers of third-party services and the providers of third-party services do not act as vicarious agents or on the instructions of FEATR. FEATR has no technical, legal or organizational possibility to influence third party services. FEATR is not liable for any damage caused to the User by incompatible, faulty or non-fulfilled services of third parties or the use of third-party services.
5. Rights of use
5.1 Insofar as property rights of FEATR or third parties exist in the App as well as in contents, materials or data, FEATR permits the User to use them within the scope of the contractual offer. In return FEATR grants a simple, non-exclusive, worldwide right to use the App within the scope of its commercial, independent or scientific activity for its own use.
5.2 The customer may only use content that he has retrieved or downloaded from the app for his own use within the scope of his commercial, self-employed or scientific activity. The customer is permitted to download/print individual passages or chapters of the content and to use them permanently beyond the term of the contract; the same applies to the legal documents created. Any use beyond this, in particular the systematic transfer and/or sale of content or legal documents to third parties, is excluded.
5.3 The User is not entitled, unless this is necessary for the contractual use and with the exception of mandatory legal regulations, to duplicate, edit, modify, decompile, reverse engineer, scrape the App and its functions, its respective underlying software or its user interface, interfaces or protocols or to perform any other actions that infringe intellectual property rights of FEATR or third parties.
5.4 Any rights of use of the User to the App and its functions shall expire upon termination of the contract.
6.1 Charges may be incurred for the use of the chargeable additional lines of the app. The fees for the use of these services are displayed in the App, including statutory tax. FEATR may change its own charges at any time. Price changes shall be communicated to the User in due time before they take effect.
6.2 The User shall only be entitled to set-off and/or assert rights of retention if its counterclaims have been finally determined by a court of law, are undisputed or acknowledged by FEATR.
7. Term and Termination
The User may terminate the User Agreement at any time without notice. FEATR may terminate the User Agreement at any time with a notice period of 30 days. The right of the parties to extraordinary termination remains unaffected. In case of termination of the user contract by FEATR, the User can no longer access the App.
8.1 FEATR shall be liable for damages - irrespective of the legal grounds - in the event of intent and gross negligence on the part of FEATR, its legal representatives, executive employees or other vicarious agents.
8.2 In case of simple negligence FEATR shall only be liable for damages resulting from injury to life, body or health and for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper performance of the contract of use in the first place and on the compliance with which the contractual partner regularly relies and may rely), whereby in the latter case of the breach of an essential contractual obligation the liability of FEATR shall be limited to the compensation of the foreseeable, typically occurring damage.
8.3 The limitations of liability according to clause 8.1 and clause 8.2 shall not apply if FEATR has assumed a guarantee or fraudulently concealed a defect of the contractual services. These limitations of liability shall also not apply to claims of the User under the Product Liability Act and applicable laws for the protection of personal data.
8.4 If the User suffers damage from the loss of data, FEATR shall not be liable therefor, provided that the damage could have been avoided by a regular and complete backup of all relevant data by the User.
8.5 FEATR shall take all possible measures to enable the User to access the App. In the event of disruptions of the technical infrastructure, the Internet connection, FEATR shall be released from the obligation to perform. This shall also apply if FEATR is prevented from performing due to force majeure or other circumstances, the elimination of which is not possible or cannot be economically expected of FEATR.
9.1 The User shall indemnify FEATR against all claims asserted by other users of the App or other third parties against FEATR due to the use of the App or other third-party services by the User for infringement of their rights.
9.2 The User shall bear the costs of the necessary legal defense of FEATR including all court and attorney fees in the statutory amount. This shall not apply if the User is not responsible for the infringement.
9.3 In the event of a claim by third parties, the User shall be obliged to provide FEATR without undue delay, truthfully and completely with all information required for the examination of the claims and a defense.
10. Data protection
FEATR informs the User about the processing of personal data by FEATR, including the transmission to third parties and the rights of the User as a data subject, in the data protection information available at privacy.
11. Final provisions
11.1 FEATR is entitled to transfer its rights and obligations under these GTC in whole or in part to third parties with a notice period of four weeks. In this case the User shall be entitled to terminate the contract without notice.
11.2 Should individual provisions of these GTC be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The void or ineffective provisions shall be replaced by the statutory provision. If there is no statutory provision (loophole) or if the statutory provision would lead to an unacceptable result, the parties shall enter into negotiations to replace the void or invalid provision with a valid provision that comes as close as possible to it in economic terms.
11.3 The contract of use including these GTC shall be governed by German law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. For consumers domiciled in the EU, the mandatory provisions of the consumer protection law of the member state in which the consumer is domiciled shall also apply, provided that these are more advantageous for the consumer than the provisions of German law.
11.4 For users who are merchants within the meaning of the German Commercial Code, a special fund under public law or a legal entity under public law, Berlin shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
11.5 In the event of a conflict between the content of the German and the English version of these GTC, the German version shall prevail.