Terms and Conditions

Allgemeine Geschäftsbedingungen (AGB)

Last updated: April 29th, 2022

Popsure ("us", "we", or "our") operates the www.getpopsure.com website (the "Service").

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CREATING AN ACCOUNT OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.

0. Preamble

Feather will provide you with insurance coverage (hereinafter: "Feather Insurance Products" or "Feather Insurance Coverage") for various insurance companies (hereinafter: "Risk Carriers").

1. Scope of validity

These Terms of Service apply and are applicable between you and the company Popsure Germany GmbH (in the following "Feather" or "we") for the use of the offer of Feather as well as for the use of the Feather App.

2. Feather Insurance Coverage

2.1 Establishment of the insurance contract

(1) (Feather is a licensed insurance intermediary according to § 34d Abs. 1 GewO. You can find more information about this in the Introductory Information document. Together with our insurance partners and risk carriers, we provide you with insurance coverage offered by Feather on Feather's websites (hereinafter: "Website") and in the Feather App (hereinafter: "App").

(2) The insurance coverage you have requested shall only come into effect when an insurance contract is signed between you and Feather. The insurance products presented on the website, in the app or in other channels do not constitute a legally binding offer. More details on the start of your insurance coverage are governed by the insurance conditions for the respective Feather insurance products.

(3) In order to be able to apply for insurance coverage, you must provide all the information and statements requested from you truthfully, insofar as no reference is made to this information or these statements being of voluntary nature or have the possibility of being revoked. You must inform us immediately of any changes to your information and statements (e.g. change of residence, mobile phone number, e-mail address) after you have entered it.

(4) You are not authorized to apply for insurance coverage on behalf of a third party without disclosing the circumstances of your authority to represent the third party.

(5) By clicking the button "Buy now" or "Pay and start cover" in the last step of the request, you submit a legally binding offer to purchase the selected insurance coverage. Until this moment, you can correct your information or cancel the contract. After submitting the request, you will receive confirmation of purchase for this insurance contract with the respective risk carrier via email or notification in the app. You can download the corresponding insurance documents at any time via the Feather app or website. Should we have to reject your request in exceptional cases, you will also receive immediate notification from us. After sending your request, you undertake to regularly check your email inbox, including the spam folder, and the app for the receipt of the contract confirmation.

2.2 Processing the contract

(1) Feather is your contact person for processing the insurance coverage purchased via the website or the app. This includes, in particular, support in all matters relating to your insurance contract, including the extension, amendment or termination of your insurance contract, the reporting and settlement of claims, billing issues, as well as the receipt of complaints. If the risk carriers or other service providers are involved in these tasks, we will take care of passing on your concerns and handling them. In doing so, we act on behalf of the respective risk carriers or as their representatives.

(2) Feather insurance products are purely digital insurance products. By entering into an insurance contract or registering for the app, you acknowledge that your insurance contract will be processed electronically via the app, by email, video call or, if required, by telephone. This includes in particular the electronic transmission of all information, notifications, or other legally relevant declarations relating to the signing and processing of your insurance contract and health-related data. Electronic communication takes place via an encryption system known as TLS (cf. Section 5). The only exceptions are declarations that must be made in writing as required by law and whose form cannot be deviated from. Insofar as we require a declaration from you in statutory written form for legal reasons, we will inform you of this. If costs are incurred by you for the submission of such declarations (e.g. postage costs), you shall bear these costs. There is no right to reimbursement for these costs. We store, archive and keep all documents relating to the conclusion and processing of your insurance contract exclusively in digital form, unless otherwise required by law.

(3) You have no claim to the possibility of managing your contract via the app. If the app is discontinued in whole or in part, or if access is blocked (see Section 3.1 (7)), we will make the documents and records stored by or for you in the app available to you electronically in another reasonable manner (e.g., via our website or by email), insofar as these have not already been made available to you by other means (e.g., e-mail). The same applies if you decide to stop using the app.

(4) After making a claim, in order to receive a payout for this claim, you must provide us with an EU bank account (IBAN and Name of account holder). Claim payouts to NON-EU bank accounts can be arranged on a case-by-case basis at our discretion upon request. Any additional fees associated with payments made to NON-EU bank accounts will be deducted from the claims amount. We will let you know about the additional fees beforehand.

2.3 Liability

(1) In the event of a slightly negligent breach of contractual obligations towards you, our liability is limited to an amount of 1.4 million euros per case of liability. We maintain a financial loss liability insurance up to this amount. If the risk of a higher claim exists in an individual case, you have the option to increase our liability insurance coverage at your own expense to a sum insured that covers the assumed risk. We will give you a recommendation on request.

(2) We shall not be liable for financial losses incurred by you as a result of a slightly negligent breach of accessory obligations. Accessory obligations are obligations that are not primary obligations. Primary obligations are, among other things, the main obligations in the mutual relationship between you and Feather, such as the arrangement of insurance coverage as an insurance agent or the ongoing support of the concluded contract (e.g. support in the event of a claim).

(3) The limitation of liability set forth in Section 2.3 (1) and the exclusion of liability set forth in Section 2.3 (2) shall not apply to damages resulting from injury to life, body, or health caused by a negligent breach of duty. Furthermore, liability for other damages due to grossly negligent or intentional breach of duty shall remain unaffected.

(4) Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and auxiliary personnel.

3. Use of the Feather App

3.1 Conditions for the use of the Feather App

(1) Use of the Feather App is permitted exclusively on the basis of these Terms of Service. These Terms of Service may be supplemented, modified, or replaced by additional terms and conditions in individual cases. Separately agreed license terms, e.g. when downloading software, take precedence over these Terms of Service.

(2) In order for you to use the services offered with the app, we grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable right to use the information, software and documentation provided with and in the app to the extent agreed or, in the absence of any agreement, to the extent consistent with the purpose intended by Feather in providing and making such information, software and documentation available. Except for the express right granted to you, no license or right is granted to you by implication or otherwise.

(3) You may not distribute, rent or otherwise transfer any information, software or documentation to third parties at any time.

(4) The information, software and documentation are protected by both copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You undertake to observe these rights. Sections 69a et seq. of the German Copyright Act remain unaffected.

(5) You agree not to use the app in a manner that offends common decency; violate any intellectual property rights, copyrights, personal rights, property rights, or other rights of third parties; transmit content containing viruses, so-called Trojan horses or other programming that may damage software; enter hyperlinks or content to which you are not entitled. Trojan horses or other programming that can damage software; enter, save, or send hyperlinks or content to which you are not authorized, in particular if these hyperlinks or content violate confidentiality obligations or are illegal; distribute advertising or unsolicited emails (so-called "spam") or inaccurate warnings of viruses, malfunctions and the like or request participation in competitions, snowball systems, chain letters, pyramid schemes and similar promotions.

(6) You agree to provide us with all information required for registration and use of the app truthfully and only to the extent you are authorized to do so. You must inform us immediately of any changes (including your address, mobile phone number or e-mail address).

(7) We are entitled to discontinue the operation of the app in whole or in part at any time. Due to the nature of the internet and computer systems, we do not guarantee the uninterrupted availability of the app. We reserve the right to change content and information of the app at any time and to remove it from the app. Furthermore, we are entitled to block access to the app at any time, especially if the user violates their obligations under these Terms of Service. See also Section 2.2 Paragraph 3.

(8) We will provide software updates for the App at irregular intervals. The installation is a prerequisite that you can use the latest version of the software and make use of the latest functionalities. We would like to point out that the functionalities may not be usable or only to a limited extent if the installation is not carried out. This will happen, for example, if you refuse an installation or do not carry out an installation. See also Section 2.2 Paragraph 3.

3.2 Liability

(1) Insofar as information, software or documentation is provided free of charge, any liability for deficiencies in quality or title of the information, software and documentation, in particular for their correctness, freedom from defects, freedom from third-party intellectual property rights and copyrights, completeness and/or usability - except in case of willful misconduct or fraudulent intent - shall be excluded. Liability for material deficiencies or deficiencies in title shall also be excluded if we can prove that the deficiency would not have occurred if the most up-to-date software had been installed.

(2) In all other respects, we shall be liable in accordance with Section 2.3.

4. Data protection

You can find all information about Feather as the responsible party in terms of data protection law (German: Datenschutzrecht), our principles for processing your personal data, as well as information about your data subject rights in our privacy policy and health data processing agreement.

5. Permission for electronic communication with TLS encryption

We will communicate with you primarily in electronic form, especially if no other form is mandatory. This applies, for example, to correspondence with you regarding your contract, your inquiries or queries, via the chat function in the app and by email. In the process, health-related data may also be transmitted by you. For our electronic correspondence, we use the technique known as TLS encryption (transport encryption). TLS encryption means that emails are encoded during their journey from the sender server to the recipient server and are therefore unreadable and unencrypted at the sender and recipient, as well as on the respective servers. TLS encryption is the usual standard procedure for encrypting emails. End-to-end encryption does not take place. In end-to-end encryption, the sender uses a cryptosystem to encrypt the emails before they are sent to the provider, who forwards the encoded emails to the recipient's server. This variant is associated with a high level of effort, since the secure exchange of the encryption keys must first take place. Both sender and recipient must participate in the encryption process. In order for us to be able to communicate with you quickly and easily, by using Feather's services, you agree that your personal data, including health data, will be transmitted by Feather to you or third parties using TLS encryption. You expressly waive end-to-end encryption when sending your data.

You can revoke this permission at any time by contacting Feather. If the aforementioned permission is revoked, we will cease to be able to offer you our services.

6. Amendment of the Terms of Service

(1) We are entitled to change these Terms of Service in the future if there is a compelling reason to do so, provided that the changes are reasonable for you. A material reason exists if, due to the continuous further development of our products, these Terms of Service no longer describe the product and the associated rights and obligations for you and us correctly or completely. Another important reason is if the legal situation changes (e.g. due to new legal regulations or jurisdiction) in such a way that these Terms of Service do not or cannot completely reflect the legal relationship between you and us. You will be informed of any changes by notification in the app, by email, in writing or in any other suitable manner. You will also be informed of the important reason for the change. The changes will be considered approved and binding for the existing contractual relationship when they come into effect, unless you object to them via the communication channels available to you. We will specifically point out this consequence to you when announcing changes. Your objection must be sent to us within six weeks after notification of the changes.

(2) You can have these Terms of Service sent to you by email at any time.

7. Final provisions and place of jurisdiction

(1) Should any provision of these terms and conditions be invalid or become invalid due to case law or legal regulations, this shall not result in the invalidity of the entire terms and conditions of use. The invalid provision shall be replaced by a provision that comes closest in economic terms to the intended purpose in a legally effective manner. The same applies to loopholes.

(2) The business relationship between you and us as well as the use of the app are subject to the laws of the Federal Republic of Germany, excluding international private law.

(3) For current or future claims arising from the business relationship between you and us and the use of the app, the exclusive place of jurisdiction is Berlin, insofar as you are a merchant and it is not a matter of claims by us against you from an insurance contract or an insurance brokerage. If you have moved your residence or usual place of residency outside of the Federal Republic of Germany after conclusion of the contract or if your residence or usual place of residency is not known at the time the action is filed, the exclusive place of jurisdiction for all claims arising from this business relationship shall also be Berlin.