Data Processing Agreement (DPA) under Art. 28 GDPR – annex to these Terms.
Download DPA (PDF)1. Scope, Contracting Party, Target Audience
1.1 These Terms govern the use of the software-as-a-service platform “Kovetto” (the “Platform”) operated by Coperte GmbH, Kopernikusstraße 14, 30167 Hannover, Germany (the “Provider”).
1.2 The Provider’s sole contracting party is the registered account holder (the “Customer”). Persons who submit feedback via public feedback links without registering (“Feedback Contributors”) do not become contracting parties of the Provider.
1.3 The Platform is directed exclusively at entrepreneurs within the meaning of § 14 German Civil Code (BGB), legal entities under public law and special funds under public law. By registering, the Customer confirms that it acts in the exercise of its commercial or independent professional activity. No offer is made to consumers (§ 13 BGB).
1.4 Only these Terms apply. Conflicting, deviating or supplementary terms of the Customer become part of the contract only if the Provider has expressly agreed to their application in text form. This also applies where the Provider renders performance without reservation despite being aware of such terms.
2. Subject Matter and Service Description
2.1 The Provider makes available to the Customer, via the internet, a platform for capturing and evaluating visual feedback. The Customer may upload assets (e.g. screenshots), create public feedback sessions, and collect and internally manage feedback in the form of markers, text and audio.
2.2 The Platform includes AI-assisted functions (including transcription of audio and summarisation of feedback). These functions are support features; they may produce erroneous or incomplete results and do not replace the Customer’s own review.
2.3 The scope of services is determined by the service description applicable to the booked plan at the time of conclusion of the contract. The Provider owes the provision of the Platform in its respective current version, not the creation of individual customisations.
3. Conclusion of Contract, Registration, Account
3.1 The contract is concluded upon completion of registration or upon booking a paid plan. These Terms are made available to the Customer prior to conclusion of the contract and confirmed by it.
3.2 The Customer provides truthful and complete information upon registration and keeps it up to date. Login credentials must be kept confidential and protected against third-party access. The Customer is responsible for all activities carried out via its account until misuse is reported to the Provider.
4. Customer Obligations and Responsibility
4.1 The Customer is solely responsible for the content uploaded by it or its Feedback Contributors (in particular screenshots, assets, texts, audio recordings). It warrants that such content does not infringe third-party rights (e.g. copyright, trademark, personality rights) and does not unlawfully disclose personal data.
4.2 The Customer ensures that it is entitled to make shared content accessible via public feedback links and that the Feedback Contributors it addresses are informed about the processing of their input.
4.3 It is prohibited, in particular, to use the Platform to distribute unlawful content, send spam, overload the infrastructure or exploit security vulnerabilities.
4.4 The Customer indemnifies the Provider against third-party claims arising from an unlawful use of the Platform for which the Customer is responsible or from a breach of Section 4.1, including reasonable costs of legal defence. The indemnification does not apply to the extent the Customer is not responsible for the breach.
5. Data Protection and Processing on Behalf
5.1 Where the Provider processes personal data for which the Customer is the controller within the meaning of the GDPR (in particular data of Feedback Contributors), this is done on behalf of the Customer. For this purpose, the parties conclude a data processing agreement pursuant to Art. 28 GDPR (DPA), which is attached to these Terms as an annex or provided separately and which takes precedence.
5.2 Processing takes place on servers within the EU. The sub-processors engaged (including hosting, payment processing, AI services) are named in the DPA or the Privacy Policy.
5.3 In all other respects, our Privacy Policy applies. Data is not sold to third parties.
6. Availability, Maintenance, Changes to Services
6.1 The Provider endeavours to ensure high availability of the Platform. This excludes periods of scheduled maintenance and disruptions outside the Provider’s sphere of responsibility (e.g. force majeure, failures of upstream suppliers, the internet). Scheduled maintenance windows are announced in advance where reasonable.
6.2 The Provider may further develop the Platform and modify features, provided this is reasonable for the Customer taking into account the Provider’s interests and the contractually owed core benefit is preserved (§ 308 No. 4 BGB). Material restrictions to the scope of services are announced with reasonable notice in text form; in this case the Customer has a special right of termination.
7. Prices and Payment
7.1 The prices displayed at the time of booking apply, plus statutory VAT. Billing for paid plans takes place monthly or annually in advance.
7.2 Payment is processed via the payment service provider Stripe. The Customer provides a valid payment method.
7.3 In the event of payment default, the Provider is entitled, after prior notice, to suspend access to the Platform until the outstanding amounts are settled. Statutory provisions on default remain unaffected.
8. Term and Termination
8.1 Monthly plans may be cancelled at any time with effect from the end of the current billing month. Annual plans have a term of twelve months and may be cancelled up until the expiry of the respective term; there is no notice period. If no cancellation is received by the end of the term, the contract renews for a further twelve months.
8.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists for the Provider in particular in the event of a material breach of Section 4.
8.3 Terminations require text form. After the end of the contract, the Customer may export its data within 30 days; thereafter the Provider is entitled to delete the data unless statutory retention obligations apply.
9. Rights of Use
9.1 The Customer’s content remains its property. The Customer grants the Provider the simple right, limited to the term of the contract and the purpose of rendering the services, to store, process and technically prepare such content – for example for AI functions.
9.2 Customer content is used to train the Provider’s own or third-party AI models only with the Customer’s separate consent.
9.3 All rights to the Platform itself (software, design, trademarks) remain with the Provider. For the term of the contract, the Customer receives a non-exclusive, non-transferable right of use.
10. Warranty
10.1 The Provider warrants the provision of the Platform substantially in conformity with the contract. Reference is additionally made to tenancy law (§§ 535 et seq. BGB); strict liability for initial defects pursuant to § 536a para. 1 alt. 1 BGB is excluded.
10.2 The Customer reports defects without undue delay in text form and reasonably supports the Provider in narrowing them down.
11. Liability
11.1 The Provider is liable without limitation
- for intent and gross negligence,
- for damages arising from injury to life, body or health,
- under the German Product Liability Act, and
- to the extent of a guarantee assumed by it.
11.2 In the event of slightly negligent breach of a material contractual obligation (cardinal obligation), the Provider’s liability is limited in amount to the foreseeable damage typical for the contract. Material contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely.
11.3 In all other respects, liability for slight negligence is excluded.
11.4 For the loss of data, the Provider is liable within the framework of Sections 11.1–11.3 only up to the amount that would have been incurred for restoration in the case of proper and regular data backup by the Customer. The Customer remains responsible for backing up its data itself.
11.5 The above limitations also apply to the personal liability of the Provider’s bodies, employees and vicarious agents.
12. Confidentiality
The parties treat confidential information of the respective other party that becomes known to them in the course of the cooperation as confidential and use it only for the purposes of this contract. This does not apply to information that is obvious or that must be disclosed by law or official order.
13. Force Majeure
If a party is prevented from rendering performance by force majeure (e.g. natural disasters, strikes, official measures, large-scale internet or power outages), it is released from the obligation to perform for the duration thereof. If the event lasts longer than 30 days, either party may terminate the affected part of the contract.
14. Changes to These Terms
14.1 The Provider may amend these Terms with effect for the future where there is a valid reason to do so (e.g. a change in the legal situation, supreme court case law, technical or economic conditions, or the introduction of new features) and the amendment does not unreasonably disadvantage the Customer.
14.2 Planned amendments are communicated to the Customer in text form at least 30 days before they take effect. If the Customer does not object within 30 days of receipt of the notice, the amendment is deemed accepted; the notice expressly draws attention to this consequence and to the right of objection. If the Customer objects in good time, the contract is continued on the existing terms; in this case the Provider may ordinarily terminate the contract at the next permissible date.
15. Final Provisions
15.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
15.2 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the Provider’s registered office in Hannover, provided the Customer is a merchant, a legal entity under public law or a special fund under public law.
15.3 Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. Invalid provisions are replaced by the statutory rule (§ 306 BGB).
15.4 Amendments and supplements to the contract require text form; this also applies to the waiver of this text form requirement.
Last updated: June 2026 · Coperte GmbH · Kopernikusstraße 14 · 30167 Hannover · [email protected]