Terms of Use

Draft – version for review by management and legal counsel.

Version: September 2026

1. Scope

These Terms of Use apply to all contracts between Felloworks GmbH, Kurzbauer Str. 10, 81479 München, Germany (hereinafter the “Provider”), and its customers regarding the use of the software products FellowDesk, FullTime and white-label installations of these products (hereinafter jointly the “Services”).

The Services are offered exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. No contracts are concluded with consumers (§ 13 BGB).

Deviating or supplementary terms and conditions of the customer do not become part of the contract unless the Provider expressly agrees to them in writing.

2. Conclusion of contract and description of services

The contract is concluded by acceptance of an individual offer of the Provider or by a separate written agreement. The scope, configuration and term of the Services result from the respective offer.

FellowDesk is a platform for AI-assisted customer support. The customer connects its own mailboxes; incoming e-mails from its end customers are read and reply drafts are prepared with the help of AI models. Replies are sent only after review and approval by an employee of the customer; there is no automatic sending.

FullTime is a team messenger for the customer's internal communication.

White-label installations are deployments of the aforementioned products under the customer's own brand; details are agreed individually.

The Services are currently in a test or pilot phase (“beta”). The range of functions and the user interface may change during this phase. The Provider will inform the customer of material changes in an appropriate manner.

3. Rights of use

For the term of the contract, the customer receives the non-exclusive, non-transferable and non-sublicensable right to use the Services for its own business purposes to the extent agreed in the contract. Use on behalf of third parties, sharing of access credentials, and reverse engineering, copying or modifying the software are not permitted unless mandatory law provides otherwise.

Content that the customer brings into the Services (in particular e-mails, contact data, documents) remains the property of the customer. The customer grants the Provider the right to process this content to the extent necessary to provide the Services.

4. Obligations of the customer

• The customer uses the Services only within the framework of applicable law and does not introduce any unlawful content.
• The customer protects its access credentials against unauthorised access and informs the Provider immediately of any suspected misuse.
• The customer is responsible towards its own end customers and employees for compliance with data protection law, in particular for the existence of a legal basis for processing the data it introduces and for fulfilling information obligations.
• The customer ensures that it is authorised to connect the mailboxes and third-party services it links to the Services.

5. AI-generated content

Reply drafts, summaries and analyses produced by the Services are generated automatically with the help of AI models. They may be incomplete, inaccurate or erroneous. The Provider gives no warranty as to the accuracy, completeness or fitness of AI-generated content for a particular purpose.

The customer is obliged to review AI-generated content before using it – in particular before sending it to end customers. Responsibility for content that is sent lies with the customer.

6. Third-party services

To generate AI content, the Provider uses language models from third-party providers. The content required for the respective task is transmitted to these providers. The customer remains responsible for the content it brings into the Services.

The customer may optionally connect its own Google accounts to FellowDesk (Google Search Console, Google Analytics 4, Google Tag Manager, Google Merchant Center). These connections are made via Google OAuth on a read-only basis and serve the SEO and e-commerce analysis of the customer's own web properties. The customer can revoke the authorisation at any time in its Google account. The terms of the respective provider additionally apply to third-party services.

7. Availability and maintenance

The Provider endeavours to keep the Services available with as few interruptions as possible. No specific level of availability is guaranteed unless expressly agreed otherwise in the offer. Maintenance work, updates and disruptions of third-party services (in particular AI providers, e-mail providers and Google) may lead to temporary restrictions. Planned maintenance windows will be announced in advance where possible.

8. Remuneration

Remuneration is based on the respective offer or individual agreement. All prices are exclusive of statutory value added tax.

9. Term and termination

Term, renewal and notice periods result from the respective offer. The right of both parties to terminate for good cause without notice remains unaffected.

After the end of the contract, the customer's access is blocked. Customer data is deleted after a reasonable period unless statutory retention obligations prevent this. Before the end of the contract, the customer may request the return of its data in a common format.

10. Liability

The Provider is liable without limitation in cases of intent and gross negligence, for culpable injury to life, body or health, under the German Product Liability Act and to the extent of a guarantee it has assumed.

In the event of a slightly negligent breach of a material contractual obligation (cardinal obligation) – i.e. an obligation whose fulfilment is essential for the proper performance of the contract and on whose observance the customer may regularly rely – liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.

The above limitations also apply in favour of the Provider's legal representatives and vicarious agents.

11. Data protection

Information on the processing of personal data can be found in our Privacy Policy. Where the Provider processes personal data on behalf of the customer, the parties conclude a data processing agreement pursuant to Art. 28 GDPR; it is available on request.

12. Changes to these terms

The Provider may amend these Terms of Use with effect for the future where this is necessary for objective reasons (such as changes in the legal situation, the technical basis or the scope of services) and does not unreasonably disadvantage the customer. Changes will be communicated to the customer in text form at least four weeks before they take effect. If the customer does not object within this period, the changes are deemed accepted; the notification will specifically point out this consequence.

13. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from or in connection with this contract is Munich, provided the customer is a merchant, a legal entity under public law or a special fund under public law.

Should individual provisions of these Terms of Use be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provision applies in place of the invalid provision. In case of doubt, the German version of these terms prevails.