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Plain-English summary
This review identifies several potential risks for users of Tutao's services. Notably, any disputes will be governed by German law and the German version of the terms will prevail (risk_flags-1). Additionally, the company can terminate a contract without notice if a customer falls behind on payments (risk_flags-2). Customers are also prohibited from claiming compensation for lost profits (risk_flags-3) and liability for data loss is limited to recovery costs (risk_flags-4). Business users must provide their full name and a non-anonymous address (data_use-1), and private customers using paid versions must provide their country of domicile. The company also uses third-party services for service provision (data_use-4). For business customers, fixed-term contracts automatically renew for the same period if not terminated in time (cancellation_renewal-1). Free accounts can be terminated without notice if unused for six months (cancellation_renewal-2). Finally, users are liable for banking fees if they cause a chargeback (gotchas-1), and the service can be blocked due to culpable conduct or payment default (gotchas-2).
85% confidence
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Risk Flags
4 findings
Critical issues that could lead to significant user harm, such as financial loss, major privacy violations, or legal disadvantages.
high95% confidence
Disputes governed by German law; German version prevails.
In case of a dispute or discrepancy between the German Terms and Conditions and the English translation, the German version shall prevail.
Why it matters: The German version of the Terms and Conditions will be the authoritative document in case of any dispute or discrepancy, which may put users at a disadvantage if they rely on the English translation.
Please note that in case of a dispute or discrepancy between the German Terms and Conditions and the English translation, the German version shall prevail.
Terms and Conditions of Tutao GmbH, paragraph 3 · Citation strength: strong
high95% confidence
Termination of contract without notice for payment default
Tutao is entitled to terminate the contract without notice if the customer falls behind payment for two consecutive months, or if the customer falls behind payment of an amount that reaches the basic fee for two months over a period of more than two months.
Why it matters: Users risk immediate termination of their contract and associated services if they fall behind on payments, potentially leading to service disruption.
If the customer falls behind payment for two consecutive months, Tutao is entitled to terminate the contract without notice. The same applies if the customer falls behind payment of an amount that reaches the basic fee for two months over a period of more than two months.
Why it matters: Users cannot claim compensation for any lost profits resulting from issues with the service, which could be a significant financial risk for business users.
Liability for data loss is limited to recovery costs
For data loss caused by Tutao, Tutao is only liable for the costs that result from recovering of the data that would have also been lost despite performing appropriate data backup measurements. A liability is limited to the liability regulations of these Terms and Conditions.
Why it matters: In case of data loss due to Tutao's fault, the company's liability is limited to the costs of data recovery, and only for data that would have been lost even with user-performed backups. This means users may not be fully compensated for all damages from data loss.
For data loss caused by Tutao, Tutao is only liable for the costs that result from recovering of the data that would have also been lost despite performing appropriate data backup measurements. A liability is limited to the liability regulations of these Terms and Conditions.
How the company collects, uses, shares, and protects user data, including privacy and security practices.
medium95% confidence
Business customers must provide full name and non-anonymous address
Business customers are obliged to state their full name and a complete address required for a summons (not a post box or another anonymous address).
Why it matters: Business customers cannot use anonymous addresses and must provide their full name and a complete address, which increases their identifiability.
Business customers are obliged to state their full name and a complete address required for a summons (not a post box or another anonymous address).
End of Notice of cancellation, paragraph 38 · Citation strength: strong
medium95% confidence
No obligation for Tutao to provide services after contract termination, data storage is customer's responsibility
After termination of the contract, Tutao is no longer obligated to provide the contractual services. The timely storage and backup of the data, is the customer’s responsibility.
Why it matters: Upon contract termination, users are responsible for backing up their own data as Tutao is no longer obligated to provide services or data storage, which could lead to data loss if not managed proactively by the user.
After termination of the contract, Tutao is no longer obligated to provide the contractual services. The timely storage and backup of the data, is the customer’s responsibility.
End of Notice of cancellation, paragraph 35 · Citation strength: strong
low90% confidence
Tutao uses third-party services for service provision
Tutao has the right to use services of third parties for the service provision at any time and in any amount.
Why it matters: Tutao may use external third-party services to deliver its services, which might involve user data being processed by these third parties.
Tutao has the right to use services of third parties for the service provision at any time and in any amount.
End of Notice of cancellation, paragraph 22 · Citation strength: strong
Cancellation & Renewal
2 findings
Terms related to contract duration, automatic renewals, and the process and conditions for terminating services.
medium95% confidence
Automatic renewal for business customers with fixed-term contracts
If a fixed-term contract with a company is not terminated, it is automatically renewed for the same agreed-upon term, e.g., a 12-month contract is renewed for another 12 months. This automatic renewal also applies to already renewed contracts if not terminated in time.
Why it matters: Business customers with fixed-term contracts face automatic renewal for the same duration if they do not terminate the contract with one month's notice before the term ends, potentially locking them into extended periods.
If the contract is not terminated, the contract is automatically renewed for the term agreed-upon in the contract, i.e. in case of a 12-month contract period, the contract is automatically renewed for another 12 months. The automatically renewed contract may be terminated by either party with a notice period of one month prior to the end of the agreed-upon term. In the absence of timely notice of termination, the automatic renewal shall also apply to contracts that have already been automatically renewed.
End of Notice of cancellation, paragraph 31 · Citation strength: strong
medium95% confidence
Tutao can terminate free accounts without notice if unused for six months
Tutao is entitled to terminate the contract without notice in case of a free of charge tariff if the account was not used for at least six months.
Why it matters: Users of free accounts risk having their service terminated without notice if they do not use their account for six months, which could lead to loss of access and data if not proactively managed.
Tutao is entitled to terminate the contract without notice in case of a free of charge tariff if the account was not used for at least six months.
End of Notice of cancellation, paragraph 36 · Citation strength: strong
Gotchas
2 findings
Potentially overlooked clauses that could disadvantage users, including unexpected fees, restrictive clauses, or limitations on rights.
high95% confidence
Customer liable for banking fees due to chargeback
If there is a chargeback caused by the customer, the customer is obligated to reimburse Tutao the occurring banking fees.
Why it matters: Users are responsible for reimbursing Tutao for any banking fees incurred due to a chargeback initiated by the user, which could result in unexpected costs.
If there is a chargeback caused by the customer, the customer is obligated to reimburse Tutao the occurring banking fees.
Blocking of service for culpable conduct or payment default
Tutao can block the complete service or parts of it if there is culpable conduct by the customer or a third party attributable to the customer, violating German law (e.g., Criminal Code, youth protection provisions), or these Terms and Conditions. Blocking is also permitted for payment default as an alternative to termination without notice.
Why it matters: Users may have their service completely or partially blocked if they, or a third party they are responsible for, violate German law or the terms and conditions, or if they default on payments. This can lead to service interruptions.
If there is a culpable conduct of the customer or of a third party attributable to this customer which is violating any German law, in particular provisions of the Criminal Code or for the protection of the youth, or these Terms and Conditions, Tutao can block the complete service or parts of it. The right to terminate the contract without notice in accordance to Clause 5.2 of these Terms and Conditions remains unaffected. Complete or partial blocking is also permitted to Tutao in the event of default of payment by the customer within the meaning of clause 8.4, as an alternative to termination without notice at the discretion of Tutao.
Commitments and features designed to protect users, including clear cancellation rights, data control, and transparent practices.
Protection95% confidence
Right to cancel contract within fourteen days for private customers in distance selling
If the customer is a private customer and the contract was concluded exclusively by means of distance communication (distance selling contract), the private customer has the statutory right of withdrawal to cancel the contract within fourteen days without giving any reason.
Why it helps: Private customers entering into distance selling contracts have a statutory right to cancel within fourteen days without providing a reason, allowing a period for reconsideration.
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of contract.
Notice of cancellation, paragraph 2 · Citation strength: strong
Protection95% confidence
Refunds for payments received after withdrawal from contract
If you withdraw from this contract, we have to return all payments that we have received from you including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a more expensive type of delivery other than the standard delivery offered by us) which must be repaid immediately at the latest within fourteen days from the date on which we have received your notice of cancellation of this contract.
Why it helps: Upon withdrawal from the contract, users are entitled to a refund of all payments received, including standard delivery costs, within fourteen days, providing financial protection.
If you withdraw from this contract, we have to return all payments that we have received from you including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a more expensive type of delivery other than the standard delivery offered by us) which must be repaid immediately at the latest within fourteen days from the date on which we have received your notice of cancellation of this contract.
Notice of cancellation, paragraph 12 · Citation strength: strong
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