Terms and Conditions (AGB)

This English version is a translation for convenience only. The German version of this page is legally binding.

§ 1 Provider, Scope

  1. Feedbapp (feed-bapp.de) is offered by Dynamic Frameworks UG (haftungsbeschränkt), Bad Nauheimer Straße 3, 64289 Darmstadt, registered with the Amtsgericht Darmstadt under HRB 109499, represented by managing director Christian Castro Büch ("Provider"). Contact and registration details can be found in the Imprint (Impressum).
  2. These General Terms and Conditions ("Terms") apply to all contracts concerning the use of Feedbapp between the Provider and the Customer. The offering is directed exclusively at businesses within the meaning of § 14 BGB (German Civil Code), legal entities under public law, and special funds under public law. By registering, the Customer confirms that they are acting as a business.
  3. Should a consumer exceptionally enter into a contract, mandatory consumer protection provisions remain unaffected.
  4. Deviating or supplementary terms of the Customer do not become part of the contract, even if the Provider does not expressly object to them.
  5. These Terms are concluded in the German language. Translations are provided for information purposes only; in case of doubt, the German version shall prevail.

§ 2 Subject Matter of the Service

  1. Feedbapp is a Software-as-a-Service offering for collecting, AI-assisted classification, and managing user feedback. It includes in particular: a feedback widget that can be embedded in the Customer's websites, a dashboard for reviewing and processing feedback, automated classification and thematic grouping of incoming reports, and a programming interface (API) and an MCP server for read access by the Customer.
  2. The specific scope of functions and services of the individual plans (number of projects, members, monthly AI evaluations, additional features) results from the service description published at feed-bapp.de/preise and in the documentation at feed-bapp.de/docs ("Service Description"). It forms part of the contract in the version valid at the time the contract is concluded or, as applicable, at the start of the respective renewal period.
  3. The Provider is entitled to change the scope, functions, or design of the Service, or to offer different services, insofar as this is reasonable for the Customer as an existing customer, in particular where the change serves technical progress, security, or the further development of the Service and does not materially impair the core functions under paragraph 1. The Provider announces material changes in text form with four weeks' notice.
  4. The Provider may designate individual features as a preview version ("Beta"). Beta features are provided without warranty as to scope of functionality or availability, may be changed or discontinued at any time, and are not part of the owed service.
  5. The AI-assisted classification (classification, grouping, summarization) is an automated suggestion. The Provider owes the provision of the feature, not the substantive accuracy of individual classifications. The Customer reviews AI output before basing decisions on it.
  6. The Provider provides the Service with an availability of 99% on a yearly average at the handover point (exit of the hosting provider's data center). Excluded are announced maintenance windows, disruptions outside the Provider's sphere of influence (force majeure, failure of upstream providers, attacks by third parties), and periods during which the Service is unreachable due to a circumstance attributable to the Customer.

§ 3 Registration, Account, Workspace

  1. Use requires registering a user account. Sign-in is by email link, one-time code, or via a third-party login offered by the Provider. Passwords are not used.
  2. The contract is concluded when the Customer completes registration and the Provider activates the account (free plan), or when the Customer books a paid plan and the Provider confirms the booking (§ 5).
  3. The person who registers the account or books a plan acts on behalf of the company they name and warrants that they are authorized to do so. The company is the Customer; it is liable for the conduct of all persons it invites into its workspace as if for its own conduct.
  4. The Customer may invite further users as members to its workspace, within the scope of the Service Description. It is responsible for removing members who no longer work for it.
  5. Access credentials, sign-in links, one-time codes, and API keys must be kept confidential and protected from access by unauthorized parties. The Customer notifies the Provider without undue delay if it suspects that unauthorized parties have gained access; the Customer may revoke API keys itself at any time.
  6. The Customer keeps the details stored in its account (in particular company name, billing address, contact email) up to date.

§ 4 Free Plan

  1. The Provider offers a free plan ("Free") with the limited scope of functions stated in the Service Description. There is no entitlement to the conclusion or continuation of the free plan.
  2. The Provider is entitled to change the free plan at any time, in particular to adjust its limits (projects, members, AI evaluations, storage), remove features from it, or discontinue it entirely. The Provider notifies existing customers of the free plan in text form at least four weeks before the change takes effect; in the event of discontinuation, the Customer is given the opportunity to export its data pursuant to § 10(5) or switch to a paid plan.
  3. If the Customer exceeds the limits of the Service Description under the free plan, the Provider may suspend the affected feature until the start of the next billing month (for example, accepting further feedback without AI evaluation, or temporarily halting acceptance). The Provider displays this in the dashboard.
  4. A free workspace in which no sign-in and no incoming feedback occurs for a period of twelve months may be deleted by the Provider. The Provider gives at least 30 days' notice of the deletion to the email address stored in the account.
  5. The liability rules of § 13(6) apply to the free plan.

§ 5 Paid Plans, Term, Termination

  1. The Customer books paid plans in the customer area for a billing period of one month or one year ("billing period"). The contract for the paid plan begins upon confirmation of the booking by the Provider or, as applicable, the payment service provider, and runs for the chosen billing period.
  2. The contract automatically renews for a further billing period of the same duration unless terminated before the end of the current billing period.
  3. The Customer may terminate the paid plan at any time with effect at the end of the current billing period, via the payment service provider's customer portal (accessible from the workspace settings) or in text form (§ 126b BGB) to the Provider. The Provider may terminate the paid plan by ordinary notice with four weeks' notice to the end of the current billing period. Compensation already paid for the current billing period is not refunded upon ordinary termination.
  4. The Customer may switch to a higher plan or from monthly to annual billing at any time; the switch takes effect immediately, and the difference is charged pro rata for the remainder of the billing period. A switch to a lower plan takes effect at the end of the current billing period.
  5. When the paid plan ends, the workspace is moved to the free plan. From that point, the limits under the Service Description apply; data exceeding those limits (for example, further projects) remains stored but is no longer editable until the Customer again books a suitable plan or deletes the data.
  6. The right of either party to extraordinary termination for cause remains unaffected (§ 12).

§ 6 Prices, Payment, Taxes

  1. The fee depends on the booked plan and billing period in accordance with the price list valid at the time of booking at feed-bapp.de/preise.
  2. All prices are stated exclusive of statutory value-added tax. The Provider calculates value-added tax based on the place of supply; customers from other EU member states with a valid VAT identification number are billed under the reverse-charge procedure.
  3. The fee for the respective billing period is due in advance and is collected upon booking, and at the start of each renewal period, via the payment method stored by the Customer.
  4. Payment processing is carried out by the payment service provider Stripe Payments Europe, Ltd., Dublin, Ireland ("Stripe"). Payment data (in particular card data) is collected and stored exclusively by Stripe; the Provider does not receive complete card data. Invoices are provided electronically.
  5. If the Customer defaults on a payment, the Provider is entitled to demand default interest at the statutory rate (§ 288 BGB) and the default lump sum under § 288(5) BGB; the assertion of further default damages remains unaffected. If the collection fails, the payment service provider repeats the attempt; if payment remains outstanding after a reminder in text form with a 14-day deadline, the Provider may downgrade the workspace to the free plan and, in the event of continued default, terminate the contract pursuant to § 12.
  6. The Customer may only set off against claims of the Provider with undisputed or legally established counterclaims, and may only exercise a right of retention insofar as it is based on the same contractual relationship.

§ 7 Price Changes

  1. The Provider is entitled to change the fee for paid plans with effect from the next renewal period of the contract, in particular to reflect increased costs (upstream providers, hosting, AI services, personnel), changes in the scope of services, or a changed market situation. A change during a current billing period does not take place.
  2. The Provider notifies the Customer of the planned price change in text form at least six weeks before it takes effect, expressly pointing out the change, the right of objection, the deadline, and the legal consequences of an objection not declared in time.
  3. If the Customer does not object to the new price in text form by the time it takes effect, or does not terminate by then, the new price is deemed agreed from the next renewal period. If the Customer objects in time, the previous price continues to apply until the end of the current billing period; in this case, the Provider is entitled to terminate the contract by ordinary notice at the end of that billing period.
  4. Price reductions and changes to the price list for new customers do not require prior notice.

§ 8 Promotions, discounts, Founding Offer

  1. The Provider may offer promotions limited in time or quantity, in particular discounts for early customers (the "Founding Offer", participants "Founding Members"). The conditions of the respective promotion (amount, duration, number of spots, eligibility requirements, redemption deadline) result from the promotion text communicated to the Customer when invited to the promotion, and take precedence over these Terms.
  2. The following applies to the current Founding Offer: the first ten workspaces receive the Pro plan on monthly billing for six billing months at a 100 % discount and thereafter for a further six billing months at a 50 % discount. The next thirty workspaces receive twelve billing months at a 50 % discount. Forty spots are available in total, allocated in the order of booking. The offer is redeemable until 31 October 2026; after that the regular fee applies. The promotion applies exclusively to the Pro plan on monthly billing. The details are governed by the promotion text published on the landing page.
  3. Promotional discounts are granted as a price reduction on the regular fee for a number of billing periods stated in the promotion text. After expiry, the regular fee of the booked plan applies without any further declaration being required. There is no entitlement to the permanent continuation of a discount.
  4. A discount is bound to the workspace for which it was redeemed, is not transferable, not payable out, and cannot be combined with other promotions. It applies only to the plan and billing period named in the promotion text.
  5. The Provider may end a promotion for new customers at any time. Discounts already redeemed remain in place for the promised duration.
  6. If it turns out that a customer does not meet the eligibility requirements or has created multiple accounts in order to use a promotion more than once, the Provider may withdraw the discount for the future.

§ 9 Customer Obligations

  1. The Customer uses Feedbapp only within the scope of applicable law and these Terms and respects the rights of third parties.
  2. The Customer embeds the widget only in websites and applications that it operates itself or is authorized to use for this purpose. It informs the visitors of these websites, on its own responsibility, about the collection of feedback and the use of Feedbapp, in particular in its privacy policy, and obtains any required consents.
  3. The Customer ensures that no special categories of personal data (Art. 9 GDPR), no payment or access credentials, and no content are transmitted via the widget, the API, or the dashboard whose processing is not reasonable for the Provider (in particular unlawful, defamatory, or infringing content). The Customer is aware that screenshots and diagnostic data may contain content from the Customer's own site; it configures the widget accordingly (for example, disabling diagnostic data collection) and instructs its staff accordingly.
  4. In particular, the following are prohibited: circumventing plan limits (for example, through multiple free accounts for the same purpose), automated mass requests outside the documented API, probing or disrupting the Service, reverse engineering the Service insofar as not legally permitted, and passing on API keys to third parties outside the Customer's own company.
  5. The Customer backs up its data at reasonable intervals via the export function, insofar as it needs the data outside of Feedbapp.
  6. The Customer indemnifies the Provider against all claims by third parties asserted against the Provider due to a violation of applicable law or these Terms attributable to the Customer, and bears the reasonable costs of legal defense. Further claims by the Provider remain unaffected. Where the Customer is not responsible for the legal violation, the preceding obligations do not apply.

§ 10 Customer Content, Usage Rights, AI Processing

  1. All content that the Customer or the visitors of its websites submit via Feedbapp (feedback text, screenshots, diagnostic data, project descriptions, summaries) ("Customer Content") remains the property, or within the disposal, of the Customer.
  2. The Customer grants the Provider the simple, non-exclusive right, limited to the term of the contract, to store, reproduce, process, and display the Customer Content insofar as necessary to provide the Service, including the automated evaluation under paragraph 3.
  3. For classification, grouping, and summarization, the Provider transmits feedback text and project descriptions to an AI service provider as a subprocessor (currently OpenAI). Screenshots, page URLs, browser data, as well as the name and email address of persons giving feedback, are not transmitted. The Provider ensures contractually that the AI service provider does not use the Customer Content to train its models. The Provider itself also does not use Customer Content to train AI models.
  4. The Provider grants the Customer, for the term of the contract, the simple, non-transferable right to use Feedbapp, the widget script, the API, and the MCP server as intended. All further rights to the software, the trademarks, and the documentation remain with the Provider.
  5. The Customer may access its Customer Content at any time during the term of the contract via the export function (CSV) and the API. After the end of the contract or deletion of the workspace, the Provider keeps the Customer Content available for export for a further 30 days and then deletes it, unless statutory retention obligations prevent this. If the Customer deletes individual feedback items, projects, or the workspace itself, deletion takes place immediately; backup copies are overwritten in the regular cycle.
  6. The Provider may name the Customer as a reference or use its logo for promotional purposes only with the Customer's prior consent in text form. The consent may be revoked at any time with effect for the future.
  7. The Provider may use suggestions and improvement proposals from the Customer regarding Feedbapp without compensation.

§ 11 Data Protection, Data Processing Agreement

  1. Insofar as the Provider processes personal data on behalf of the Customer in the course of providing the Service (in particular data of visitors to the Customer's websites who use the widget), the parties enter into a data processing agreement pursuant to Art. 28 GDPR. The Provider's data processing agreement, in its respective current version, is Appendix 1 to these Terms and becomes part of the contract upon its conclusion.
  2. The Customer is the controller for the processing of data collected via its widget and ensures that a legal basis exists for the collection, the transmission to the Provider, and the subprocessors named in Appendix 1.
  3. The Provider's subprocessors and their locations are listed in Appendix 1. The Provider communicates changes with 14 days' notice; the Customer may object for an important data-protection reason.
  4. Information about the processing of personal data of Feedbapp's own users (account data, usage data, payment data) is contained in the privacy policy at feed-bapp.de/datenschutz.

§ 12 Suspension, Termination for Cause

  1. The Provider may temporarily suspend the access of the Customer or individual members if there are concrete indications that the Customer is violating § 9, that the Service is endangered by the Customer's use, or that access has been compromised. The Provider notifies the Customer of the suspension and its reason without undue delay in text form and lifts it as soon as the reason no longer applies.
  2. The Provider may block or remove Customer Content whose storage or publication violates applicable law, third-party rights, or these Terms. It informs the Customer accordingly; in the event of imminent danger, the information may be provided afterward.
  3. Either party may terminate the contract for cause without notice. An important reason exists for the Provider in particular if the Customer, despite a warning, persistently violates § 9, is in default of payment for two consecutive billing periods, or insolvency proceedings are opened over its assets or rejected for lack of assets.
  4. If the Provider terminates for an important reason attributable to the Customer, or if the Customer terminates by ordinary notice, a refund of compensation already paid in advance is excluded. If the Customer terminates for an important reason arising from the Provider's area of responsibility, it receives a pro rata refund of the compensation paid in advance for the period no longer used.

§ 13 Warranty, Liability

  1. The Provider is not liable for property damage or financial loss incurred by the Customer through the use or non-use of information or AI output collected via the Service. In particular, the Provider is not liable for the completeness, timeliness, and correctness of content submitted by visitors to the Customer's websites via the widget.
  2. Otherwise, the Provider is liable only in cases of intent or gross negligence; in cases of ordinary (slight) negligence, only for breach of material contractual obligations, with liability limited to foreseeable, typically occurring damage. The foregoing limitations of liability do not apply to claims under the Product Liability Act (Produkthaftungsgesetz), for defects fraudulently concealed, or for claims arising from the assumption of a guarantee.
  3. The limitations of liability do not apply to injury to life, body, or health.
  4. In cases of ordinary negligence, the Provider's liability per contract year is limited to the compensation the Customer paid to the Provider in the twelve months preceding the event giving rise to the damage.
  5. For the loss of data, the Provider is liable within the scope of the foregoing paragraphs only up to the amount that would have been incurred to restore the data had the Customer performed proper and regular backups (§ 9(5)).
  6. For services provided free of charge (free plan, beta features, promotional periods with a full price discount), the Provider is liable only for intent, fraud, and gross negligence; paragraph 2, sentence 2 and paragraph 3 remain unaffected.
  7. Neither contracting party is liable to the other for failure to comply with contractual obligations insofar as the failure is due to circumstances beyond that party's control (for example, in cases of force majeure).
  8. The Provider's strict liability for defects already present at the conclusion of the contract (§ 536a(1) BGB) is excluded.

§ 14 Amendment of these Terms

  1. The Provider is entitled to amend these Terms with effect for the future, insofar as this is necessary to adapt to changed case law, changed legislation, the technical further development of the offering, or a change in the scope of services under § 2(3), and the amendment is reasonable for the Customer as an existing customer. In the event of an amendment, the Customer receives the amended version by email, with an express reference to the changes, the objection period, and the legal consequences of an objection not declared in time, and is entitled to object within one month of receiving the amended version. Otherwise, the amended version is deemed accepted. If the Customer objects in time, the contract continues under the previous terms; in this case, the Provider is entitled to terminate the contract with six weeks' notice to the end of the current billing period. Changes to the fee are governed exclusively by § 7.

§ 15 Final Provisions

  1. The place of jurisdiction for all disputes arising from the contractual relationship is the Provider's registered seat, provided the Customer is a merchant, a legal entity under public law, a special fund under public law, or has no general place of jurisdiction in Germany. Any exclusive place of jurisdiction remains unaffected by this.
  2. Should one or more of the foregoing provisions be held invalid, the remaining provisions remain valid. In place of the invalid provision, the valid provision that comes closest to the economic purpose of the invalid provision shall be deemed agreed.
  3. German law applies to all legal relationships arising from the use of the Provider's services, insofar as legally permissible, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
  4. The Provider is entitled to transfer rights and obligations under this contract, in whole or in part, to third parties and to engage subcontractors; it remains responsible for the fulfillment of the obligations assumed. The Customer may transfer rights under the contract only with the Provider's prior consent in text form.
  5. In the event of conflicts, the following order applies: an individually agreed promotion text (§ 8), the Service Description, these Terms, the data processing agreement (Appendix 1) with regard to data-protection obligations.
  6. The Provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

Version: September 21, 2026 · version id agb-2026-10

Appendix 1: The Data Processing Agreement (DPA) is part of these Terms and is provided to the Customer upon conclusion of the contract.