Terms

1. Who we are and who these Terms are for

1.1 Project Kant is offered by Florian Findeis, a sole trader operating under the Project Kant brand, Adalbertstraße 56, 80799 München, Germany (“Project Kant”, “we”). Contact: florian@projectkant.com.

1.2 These Terms apply to the Project Kant app and every order placed through it. They apply only to businesses within the meaning of § 14 BGB. By signing up you confirm that you act for a business, not as a consumer.

1.3 Terms of the customer that differ from these do not apply, even if we do not object to them.

1.4 These Terms can be viewed, saved and printed at any time at projectkant.com/terms. The app links them at sign-up and before payment and keeps which version the customer’s company accepted.

2. What Project Kant does

2.1 Project Kant writes letters from the text and recipient list the customer provides, and posts them through a postal service provider (currently Deutsche Post) to the addresses the app accepts (currently in Germany).

2.2 Every letter is written with a real pen in ink, never printed: either by a person or by a writing machine that guides a real pen. Project Kant chooses which for each order.

2.3 Written letters vary slightly from one to the next, in the shape of letters, line spacing and ink; this is part of the service and not a defect. The app’s preview shows the text and layout, not the actual writing.

2.4 We may involve helpers and subcontractors to provide the service and remain responsible for them. We may develop the service, the app, paper and envelopes further; a paid order keeps what was shown when it was placed.

3. Account and waitlist

3.1 Signing up creates an account for the customer’s company. We may let accounts in one by one (waitlist); there is no right to be let in. An account that has not been let in after 12 months is deleted.

3.2 The customer keeps login details confidential and tells us without delay if they may have been misused. The company’s owner manages its company details.

3.3 We may suspend or close an account that breaches these Terms; paid orders are then completed or refunded.

4. Orders

4.1 In “Review & order” the app shows every letter, its recipient, the price and the posting date. Placing the order (currently the “Pay” button) is a binding offer to order exactly these letters at that price and posting date. The contract is concluded when the payment is confirmed; the app then shows an order confirmation.

4.2 After payment the letters can no longer be changed in the app.

4.3 We may limit how many letters a company can order or have in progress at once, for example while our capacity grows. The app shows the current limit before an order is placed.

4.4 Until the order is placed, the customer can check every letter and recipient in “Review & order” and correct them by going back to the earlier steps.

4.5 The approved letters, price and dates of each order stay viewable in the app until they are erased as described in the data processing agreement. The contract can be concluded in English or German.

4.6 Between businesses, § 312i(1) sentence 1 Nos. 1 to 3 BGB do not apply; the customer’s right to save these Terms (No. 4) is unaffected.

5. Prices and payment

5.1 The price is the one shown in “Review & order” before payment. Unless shown otherwise, it includes writing, envelope, stamp and postage within Germany. Prices may depend on the number of letters and may change for future orders; a paid order keeps its price.

5.2 Under the small-business rule (§ 19 UStG) no VAT is charged at present; if that changes, the price shown includes VAT.

5.3 Payment is made in advance with the payment methods offered in the app (currently Stripe’s payment page), unless agreed otherwise. We issue an invoice for each paid order and send it or make it available electronically; the customer agrees to receive invoices electronically, including as PDF.

6. Posting

6.1 We post each order by the posting date shown in “Review & order” before payment. After posting, the app shows the status of each letter.

6.2 Arrival depends on the postal service provider; the arrival date shown is an estimate and not guaranteed. We owe posting, not arrival.

6.3 If events we are not responsible for delay posting, such as illness, a failure of the writing machine, postal strikes or force majeure, the posting date moves by the length of the delay; we tell the customer without delay and post as soon as we can. If the delay exceeds 14 days, the customer may cancel the letters not yet written and receives a full refund for them. Our liability for delays we are responsible for (clause 13) and the customer’s statutory rights remain unaffected.

7. Cancelling an order

7.1 Until we start writing an order, the customer can cancel it by email to florian@projectkant.com and receives a full refund.

7.2 Once writing has started, the customer can still cancel the letters not yet written, by email to the same address. Letters already written are paid in full. Letters not yet written are refunded in full, minus only costs we have already incurred for them, such as stamps bought for them.

7.3 If we cannot fulfil an order, for example because a letter breaks clause 9, we cancel it, or the affected letters, and refund the price in full.

8. Mistakes, returned and undelivered letters

8.1 A letter returned because the address was wrong, incomplete or outdated is not refunded. The app marks it as returned so the customer can correct the address.

8.2 We are not responsible for letters lost or delayed by the postal service provider once posted. We may write such a letter again as a goodwill gesture.

8.3 If a letter differs from the approved text or address through our fault, we write and post it again free of charge. The customer tells us within 14 days of learning of the mistake, naming the letter concerned. Other rights under clause 13 remain unaffected.

9. The customer’s content and recipients

9.1 The customer is responsible for the letter text and the recipient list, and is the sender of every letter; its return address appears on the envelope.

9.2 The customer ensures that it may use the recipients’ data for this purpose and may send them these letters, in particular under data protection law and the Act against Unfair Competition (UWG), and that it respects any objection a recipient has made.

9.3 Letters must not contain unlawful, discriminatory, threatening, misleading or offensive content, nor content that infringes the rights of others. We may refuse to write such letters (clause 7.3).

9.4 If a third party makes a claim against us because the customer’s content or recipient data breaches clause 9.2 or 9.3, the customer indemnifies us against that claim and the reasonable costs of defending it, including reasonable legal fees, to the extent the customer is responsible for the breach. We tell the customer of the claim without delay, do not acknowledge it without the customer’s consent, and give the customer the opportunity to take part in the defence.

10. Confidentiality

10.1 We treat letter texts, recipient lists and order details as confidential and use them only to provide the service. We disclose them only to people and providers who help us provide it and are bound to confidentiality (see the data processing agreement), or where the law requires.

10.2 We do not name the customer as a reference, or show its letters, without its consent.

11. Data protection

11.1 We process recipients’ data on the customer’s behalf. The data processing agreement (AVV) at projectkant.com/avv forms part of these Terms and is accepted together with them.

11.2 How we handle the data of the customer’s own staff is described in our privacy notice (projectkant.com/privacy).

12. Availability

We aim to keep the app available but do not guarantee uninterrupted availability. Maintenance is announced where possible.

13. Liability

13.1 We are liable without limitation for intent and gross negligence, for injury to life, body or health, under a guarantee we have given, for defects we fraudulently concealed, and under the Product Liability Act.

13.2 For slight negligence we are liable only for breach of an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on which the customer may regularly rely (essential obligation), and limited to the damage typical and foreseeable when the contract was concluded.

13.3 Otherwise our liability is excluded. These limits also apply to the personal liability of our employees and agents.

13.4 Liability for data protection breaches under Article 82 GDPR remains unaffected, to the extent it cannot be limited.

14. Changes to these Terms

We may change these Terms for future orders. We announce changes in the app; the company’s owner accepts the new version before the next recipients are added or the next order is paid. Orders already paid continue under the version that applied to them.

15. Term and closing an account

15.1 The customer can close its account at any time by email to florian@projectkant.com.

15.2 We may close an account with 30 days’ notice by email, for example if we stop offering the service, or without notice under clause 3.3.

15.3 Paid orders are completed or refunded; data is then deleted as described in the privacy notice and the data processing agreement, except records we must keep by law.

16. Final provisions

16.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

16.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Munich. We may also bring proceedings at the customer’s registered office.

16.3 These Terms, including the data processing agreement, are available in English and German. Both versions have the same content and are equally binding.

16.4 If a provision is invalid, the rest of these Terms remains valid.