Terms and Conditions

(1) These Terms and Conditions (hereinafter "Terms") apply to all contracts between Pascal Lindenau, Forddamm 7, 12107 Berlin (hereinafter "Provider") and the users of the iOS application "FrankKi" as well as the associated services (hereinafter "Service").

(2) The Service is directed at consumers within the meaning of section 13 of the German Civil Code (BGB). Commercial use is permitted, provided that these Terms are complied with.

(3) Deviating or supplementary terms of the user shall not become part of the contract unless the Provider expressly agrees to their validity in writing.

(4) The contract language is German.

(1) FrankKi is an iOS application that allows users to write and format letters and have them delivered as physical mail.

(2) The Service comprises in particular:

1. the creation of letters with optional AI-assisted text generation (using OpenAI),
2. automatic formatting in accordance with DIN 5008,
3. the generation of a print-ready PDF file,
4. the physical printing, enveloping, and postal handover via the fulfillment partner Pingen AG (Switzerland),
5. shipment tracking with status updates via push notification.

(3) The available shipping methods are standard letter, registered letter (drop-in delivery), and registered letter with handover. The letter formats (compact letter, standard letter, large letter) are determined automatically based on the page count. Dispatch is possible within Germany as well as to all destination countries supported by Pingen.

(4) The Provider supplies the technical platform. The physical letter processing (printing, enveloping, postal handover) is carried out by the fulfillment partner Pingen AG (Switzerland). Postal delivery is carried out by Deutsche Post AG or the respective delivery service of the destination country.

(5) Registration and authentication take place via "Sign in with Apple" (Apple Sign-In).

(1) A usage contract for the Service is concluded through registration via Apple Sign-In and acceptance of these Terms.

(2) An individual contract for the dispatch of a letter is concluded when the user commissions the letter dispatch by confirming it during the payment process and the payment is successfully completed via the payment service provider Stripe (receipt of the "payment_intent.succeeded" confirmation from Stripe).

(3) The Provider reserves the right to refuse the conclusion of a contract for good cause, in particular in the event of violations of § 6 of these Terms.

(1) Each letter is paid for individually and directly. There is no subscription, no balance, and no token system.

(2) The price of a letter is calculated dynamically on the basis of the following parameters and displayed in the app before payment:

• the page count of the letter and the letter format derived from it,
• printing in color or black-and-white,
• the selected shipping method (standard, registered drop-in delivery, registered with handover),
• optional express dispatch,
• the destination country of the shipment.

(3) The final price displayed includes all components (printing, postage, service) and is the amount that is charged at dispatch. All prices are final prices in euros. Pursuant to section 19 of the German VAT Act (UStG) (small business regulation), no value-added tax is shown.

(4) Payment processing is handled by Stripe Payments Europe, Ltd. Credit and debit cards as well as Apple Pay are available as means of payment. The amount due is collected immediately upon confirmation of payment (automatic capture).

(5) After successful payment, an invoice is automatically created as a PDF file. The invoice contains a sequential invoice number in the format FK-YYYY-NNNN (e. g. FK-2026-0001) and the note pursuant to section 19 UStG that no value-added tax is charged. The invoice is available in the app.

(6) The Provider reserves the right to adjust prices at any time. Individual contracts for the dispatch of a letter that have already been concluded remain unaffected by price changes.

(1) Consumers generally have a right of withdrawal of 14 days pursuant to section 355 BGB.

(2) Expiry of the right of withdrawal: The right of withdrawal expires prematurely pursuant to section 356 (4) BGB as soon as the Provider has fully rendered the service and has begun performing the service only after the user has expressly consented and confirmed their knowledge that, by giving their consent, they lose their right of withdrawal upon full performance of the contract. This consent is expressly requested during the payment process in the app before payment.

(3) In concrete terms, this means: As soon as a letter has been transmitted to the fulfillment partner Pingen AG for printing and dispatch after receipt of payment, the service is fully rendered and withdrawal is excluded. This also corresponds to the exception under section 356 (4) no. 1 BGB for goods produced according to customer specifications.

(4) Refund in the event of failed dispatch: If a letter cannot be printed or dispatched after receipt of payment for reasons that are not within the customer's area of responsibility (in particular technical errors on the Provider's side or a rejection by Pingen AG before printing and dispatch), the Provider will refund the amount paid in full via Stripe to the means of payment originally used. If, however, a letter has been properly transmitted to Pingen AG, printed, and dispatched, but delivery fails due to an incorrect, incomplete, or undeliverable recipient address provided by the customer, there is no claim to a refund or renewed delivery. The customer is responsible for the correctness and completeness of the recipient data (cf. section 326 (2) BGB).

(5) You can find the detailed withdrawal instructions, including the model withdrawal form, on our withdrawal instructions page.

(1) The user bears sole responsibility for the content of their letters.

(2) It is prohibited to send letters with the following content:

• unlawful, insulting, or defamatory content,
• threats, coercion, or harassment,
• fraudulent statements or identity deception,
• unsolicited bulk mailings (spam),
• content that infringes the rights of third parties (in particular copyrights, trademark rights, personality rights).

(3) The user is obliged to provide correct sender and recipient addresses and to check their currency themselves, even if address suggestions from the app are used.

(4) The AI-assisted text generation may not be misused to produce unlawful, harmful, or misleading content.

(5) The Provider reserves the right to refuse the processing of letter orders that violate these obligations. In such a case, amounts already paid will be refunded in full.

(1) By commissioning a letter dispatch, you assure that you yourself are the sender named in the letter or that you are expressly authorized by that sender to send it on their behalf. Pseudonyms or stage names are permitted insofar as they do not feign another person's identity.

(2) Prohibited in particular are the sending of letters under a false identity, the use of other people's names without authorization, as well as the unauthorized use of titles, professional designations, or official designations. Such acts may constitute criminal offenses under section 269 of the German Criminal Code (StGB) (forgery of data of evidential value), section 267 StGB (forgery of documents), and section 132a StGB (misuse of titles, professional designations, and insignia).

(3) This obligation also arises from the Provider's contractual relationship with the fulfillment partner Pingen AG, whose terms and conditions expressly prohibit sending under a false identity.

(4) You indemnify the Provider against all claims of third parties asserted against the Provider on account of a violation of paragraph 1 or 2 of this clause or of section 6 of these Terms, including reasonable costs of legal defense. This indemnification does not apply insofar as you are not responsible for the violation.

(5) The Provider is entitled to withhold a specific letter order, terminate it prematurely, or refuse its further processing if there is a justified suspicion of a violation of paragraph 1 or 2. In such a case, amounts already paid will be refunded in full, provided that the letter has not yet been handed over to Deutsche Post AG.

(1) The Provider maintains a notice-and-action procedure pursuant to Article 16 of Regulation (EU) 2022/2065 (Digital Services Act, DSA). Notices of allegedly unlawful or contractually non-compliant letter content can be submitted electronically at any time.

(2) Reports should, where possible, contain the following information:

• name and email address of the reporting person,
• a description of the objected content that is as specific as possible (e. g. a photo of the letter received or clear details about the sender),
• a statement of reasons why the content is alleged to be unlawful or in breach of contract,
• a declaration that the information provided is, to the best of one's knowledge, complete and correct.

(3) Notices can be sent by email to missbrauch@frankki.app or submitted via the online form at frankki.app/missbrauch.

(4) The Provider confirms receipt of a report without undue delay and decides promptly on the necessary measures. In the event of justified notices of identity deception or a criminal offense, the Provider reserves the right in particular to stop the processing of the affected letter, to block the user's account, and to involve the competent authorities.

(1) The app offers optional AI-assisted text generation based on language models from OpenAI.

(2) AI-generated texts are to be understood solely as a suggestion. The user bears full responsibility for reviewing, editing, and approving all letter content before dispatch.

(3) The Provider assumes no guarantee for the correctness, completeness, legal accuracy, or suitability of the AI-generated texts for a particular purpose.

(4) AI-generated texts may contain errors. The Provider is not liable for damages arising from the unchecked use of AI-generated content, unless a mandatory liability under § 9 of these Terms applies.

(5) For processing, descriptions of the matter are transmitted to OpenAI, LLC (USA). Details on data processing can be found in the Privacy Policy.

(6) The AI function is identified as such. AI-generated content is technically marked as machine-generated.

(7) FrankKi provides an AI-assisted tool for creating letters in the user's own matter. FrankKi does not provide any legal service within the meaning of the German Legal Services Act (RDG) and no legal advice. The Provider is not a law firm. For legal assessments, validity checks, and recommendations for action in individual cases, we recommend consulting a lawyer or relevant advisory bodies (e.g. a tenants' association, a consumer advice center).

(8) FrankKi dispatches the letter approved by the user in the user's name via Deutsche Post or the logistics partner Pingen. Responsibility for the content of the letter lies with the user.

(9) Upon entering AI mode, the user is informed that they are interacting with an AI system (Art. 50 of the AI Act). AI-generated letter drafts are marked as such in the app.

(1) The app may display address suggestions based on publicly available information.

(2) These suggestions serve solely as an aid. The Provider assumes no guarantee for the currency, correctness, or completeness of the suggested addresses.

(3) The user is solely responsible for reviewing and confirming all recipient addresses before dispatch. In particular for time-critical or legally relevant shipments (e. g. terminations, objections), it is strongly recommended to verify the current address directly with the recipient.

(4) Addresses can change at any time. An address displayed in the system is a snapshot and not a guarantee of deliverability.

(5) The Provider is not liable for damages arising from the use of unverified or outdated address suggestions.

(1) For the provision of services, the Provider makes use of the following third-party providers:

• Pingen AG (Switzerland): printing, enveloping, and postal handover of the letters.
• Deutsche Post AG and international delivery services. Physical delivery of the letters. The respective terms and conditions of these delivery services apply.
• Stripe Payments Europe, Ltd.: payment processing (credit card, Apple Pay).
• Apple Inc.: authentication via Apple Sign-In as well as push notifications.
• OpenAI, LLC: AI-assisted text generation.

(2) The Provider is not liable for disruptions, delays, or outages caused by third-party providers, unless the Provider is at fault in the selection or instruction of these service providers.

(1) Information on delivery time is a non-binding estimate based on the transit time information of Deutsche Post AG. The Provider cannot guarantee delivery on a specific day. For time-bound shipments, you select the shipping method on your own responsibility with a sufficient buffer.

(2) For the handling of dispatch, the Provider uses Pingen AG (printing, franking, handover to Deutsche Post AG) as well as Deutsche Post AG (delivery). Both are vicarious agents within the meaning of section 278 BGB.

(3) Delays or outages due to force majeure, in particular strikes, natural events, measures ordered by authorities, or outages at Deutsche Post AG, release the Provider from compliance with delivery time information for the duration of the event.

(1) The Provider is liable without limitation for damages arising from injury to life, body, or health that are based on an intentional or negligent breach of duty by the Provider or one of its legal representatives or vicarious agents.

(2) The Provider is liable without limitation for damages based on intent or gross negligence on the part of the Provider or one of its legal representatives or vicarious agents.

(3) In the event of a negligent breach of material contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for the contract. Material contractual obligations are those whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the user may regularly rely. These include in particular: the proper processing and transmission of letter orders, the correct handling of payment via Stripe, the provision of the platform to a reasonable extent, as well as the proper refunding of failed shipments.

(4) In the event of a negligent breach of non-material contractual obligations, liability is excluded.

(5) The above limitations of liability do not apply to claims under the German Product Liability Act or other mandatory statutory provisions.

(6) The Provider is not liable for the content of the letters written by users or generated by AI.

(7) In the event of simple negligence, the Provider is liable for delays in delivery time only for foreseeable damage typical for the contract. Liability for injury to life, body, or health, for gross negligence, intent, and for the breach of material contractual obligations (cardinal obligations) remains unaffected.

(1) The Provider warrants that submitted letters are transmitted to the fulfillment partner Pingen AG in the content and format confirmed by the user.

(2) The Provider assumes no guarantee for delivery times, as these are subject to the service conditions of Deutsche Post AG or the respective delivery service.

(3) The fulfillment partner Pingen AG is responsible for the print quality and the physical handling.

(4) Defects (e. g. letter not transmitted, incorrect content transmitted) must be reported without undue delay after becoming aware of them. In the case of a justified defect, the Provider refunds the amount paid in accordance with § 5 paragraph 4 of these Terms.

(5) For the app as a digital product, sections 327 et seq. BGB (contracts for digital products) apply.

Information on the collection and processing of personal data can be found in the Privacy Policy, which forms part of this contractual relationship.

(1) The user can delete their account at any time via the app. Letter orders that have already been concluded and transmitted to the fulfillment partner remain unaffected by the account deletion and continue to be carried out.

(2) The Provider may terminate the contract for good cause or temporarily block access. Good cause exists in particular in the event of repeated violations of § 6 of these Terms, attempted fraud, or abusive use of the Service.

(3) Letter orders that, at the time of termination, have already been fully paid for and transmitted to the fulfillment partner are completed notwithstanding the termination.

(1) The Provider may amend these Terms with a notice period of at least 30 days. The amendment is announced via the app.

(2) If the user does not object to the amendment within 30 days of receipt of the amendment notification, the amended Terms shall be deemed accepted. The amendment notification will separately point out the significance of the period and the legal consequences of silence.

(3) If the user objects to the amendment, the Provider may terminate the usage contract by ordinary termination. Individual contracts for the dispatch of a letter that have already been concluded remain unaffected by this.

(4) Material changes to the main performance obligations or to the pricing that significantly disadvantage the user require express consent.

(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The choice of law under paragraph 1 does not result in the consumer being deprived of the protection granted to them by mandatory provisions of the law of the state in which they have their habitual residence (Art. 6 (2) of Regulation (EC) No. 593/2008).

(3) The place of jurisdiction for merchants is the Provider's registered office. For consumers, the statutory place of jurisdiction applies.

(4) Should a provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by one that comes closest to the economic purpose of the invalid provision.

(5) The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr.

(6) The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.