Terms of Use

v1.0.0—last updated 2019-12-09

FelloWage is a website and related services that provide for the sharing of the wage and salary information (the “Wage”, or collectively, the “Wages”, “Wages Data”) between individuals with the goal of increased wage transparency. These Terms of Use (the “Terms”) set out the terms and conditions by which Fedorov & Demidenko GbR (“Foundsiders,” “FelloWage,” “We,” “Us,” “Our”) offers you access to use fellowage.io (the “Site”), and other services provided by Us (collectively, the “Services” or “FelloWage”).

FelloWage is owned and operated in Germany and all countries by Fedorov & Demidenko GbR. These terms are an agreement between You and Fedorov & Demidenko GbR.

The term “Account” refers to basic FelloWage account maintained by an individual User or a single entity (“You”, “User”, or collectively, “Users”). The terms “Subscription”, “Subscription Membership”, and “Membership” apply to any paid subscription that allows Account holders to access the Wages Data outside their company without monthly limits, and any other premium and exclusive features of the Site.

The following Terms of Use is a legal contract between You, either an individual User or a single entity, and FelloWage regarding Your use of the Site. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “You” and “Your” will refer to the entity.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, POSTING, SUBSCRIBING TO, OR USING FELLOWAGE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF FELLOWAGE IN THE MANNER DESCRIBED IN SECTION “TERMINATION” BELOW.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND FELLOWAGE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Eligibility

FelloWage is not available to persons under the age of majority in their place of residence or to any Users whose access to FelloWage was administratively suspended or revoked. If You are using or opening an Account on behalf of a company, legal entity, or organization (collectively “Entity”), then You represent and warrant that You are an authorized representative of that Entity with authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of the Entity. BY USING FELLOWAGE, YOU REPRESENT THAT You meet the eligibility requirements in this Section. In any case, You affirm that You are at least sixteen (16) years old, as FelloWage is not intended for children under sixteen (16) years old.

Privacy Policy

Your privacy is important to us. Our Privacy Policy is hereby incorporated into these Terms by reference. Please read our Privacy Policy carefully for information on how we collect, use, and disclose Your personal information. You acknowledge and agree that your use of the Site and the Services is subject to our Privacy Policy.

Modification of these Terms of Use

FelloWage reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time.

For any non-material changes (e.g., fixing the typo or wording), that doesn’t affect you as a User, we’re going to make the changes and publish them on the Site, and increase the minor or patch version number (second and third number in the version string respectively). By using the Site or the Services, you accept this change automatically.

For any material changes, we commit to notify you via email and seek the acceptance of the new version of this privacy policy from you. If you attempt to use our website without accepting the new version, we’re going to seek your acceptance as the first thing when you log in. Such changes increase a major version number (the first number in the version string).

FelloWage respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content posted on the Site infringes the copyright or other intellectual property rights (“Infringement”) of any person. FelloWage will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property laws and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

To notify FelloWage of a possible Infringement, you must submit your notice in writing to the attention of “Copyright Infringement” care of alex@fellowage.io and include in your notice a detailed description of the alleged Infringement sufficient to enable FelloWage to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

Prohibited Use

By using FelloWage, You AGREE NOT TO:

  • use FelloWage for any purpose other than to share Your Wage with other Users, and View other User’s Wages;
  • rent, lease, loan, sell, resell, sublicense, distribute, display or otherwise transfer the licenses granted herein or any Materials or any Data;
  • use FelloWage for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
  • use FelloWage if you are under sixteen (16) years old;
  • reverse engineer, decompile, disassemble or otherwise attempt to discover FelloWage’s source code or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  • modify, adapt, translate or create derivative works based upon FelloWage Site, Services, Data, or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  • intentionally interfere with or damage the operation of FelloWage or any User’s enjoyment of any part thereof, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
  • use any robot, spider, scraper, or other automated means to access FelloWage for any purpose (with the exception of accessing RSS feeds) or bypass any measures FelloWage may use to prevent or restrict access;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through FelloWage;
  • interfere with or disrupt servers or networks related to the operation of FelloWage, or disobey any requirements, procedures, policies or regulations of networks connected to FelloWage; or
  • any activity mentioned in the section “Abuse Prevention”.

Crowdsourced data

Wages Data on FelloWage is crowdsourced from lots of people’s inputs. By the nature of the data, it’s not possible to get it completely accurate. Therefore, we accept no responsibility for any loss, injury, or inconvenience resulting from using the Site or the Services. You should verify critical information and do your own research before making employment-, wage-, negotiation-related decisions.

The information provided on the Site and by the Services DOES NOT constitute legal, financial, or other advice.

FelloWage accepts no liability or responsibility to any person or organization as a consequence of any reliance upon the information contained in the Site, provided by the Services, and any other of its sites and properties.

Proprietary Rights

Features, functionality, visual interfaces, graphics, designs, compilation, information, computer code (including source code, compiled code and linked code), products, Services, and all other elements of the Site provided by FelloWage (the “Materials”), are owned by FelloWage and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights, and applicable laws.

FelloWage acknowledges that You retain ownership of any Descriptive Information You may post on FelloWage (such as but not limited to, the Wages Data), subject however to Your grant to FelloWage of a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, store, distribute, publicly display, and adapt them for use in conjunction with the operation of FelloWage.

All Materials contained on FelloWage are the property of FelloWage or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to FelloWage or its affiliates and/or third-party licensors.

Except as expressly authorized by FelloWage, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or Services. FelloWage reserves all rights not expressly granted in these Terms.

Abuse prevention

Harmful language and spamming other users will not be tolerated (via public, private messages, chat, comments, and any other means). The content in question will be removed, and the User’s account terminated. By way of example, and not as a limitation, you agree not to use the Site and the Services:

  • To abuse, harass, threaten, impersonate or intimidate any person;
  • To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other rights of any person;
  • To communicate with FelloWage representatives or other Users in an abusive or offensive manner;
  • For any purpose (including posting any Communication or viewing any Content or Data) that is not permitted under the laws of the jurisdiction where you use the Site or the Services;
  • To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any FelloWage User;
  • To create or transmit unwanted “spam” to any person or any URL;
  • With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (c) bypass any measures we may use to prevent or restrict access to the Site.

To report a suspected abuse of the Site or a breach of the Terms, please send written notice to FelloWage at email: alex@fellowage.io.

You are solely responsible for your interactions with other Users of the Site, including any communications that you exchange through FelloWage’s commenting and chat system. FelloWage reserves the right, but has no obligation, to review disputes between You and other Users.

If the Services or Site are used in a manner that violates the Terms in any way, FelloWage may at its sole discretion, but is not required to, suspend or terminate your account, disable your access to the Site and/or take any steps that it deems appropriate to address the situation.

Termination

FelloWage

You agree that FelloWage, at its sole discretion, for any or no reason, and without penalty, may terminate Your access (or any part thereof) to the Site or the Services, without cause or notice, and at any time, which may result in the forfeiture and destruction of all information associated with Your Account (or any part thereof).

One reason we may terminate Your Account is if You do not log into Your Account for an extensive period of time; however, we will not terminate Your Account for inactivity if You continue to pay the fees associated with a Subscription.

Foundsiders may also in its sole discretion and at any time discontinue providing access to FelloWage, or any part thereof, with or without notice.

You agree that any termination of Your access to FelloWage or any Account You may have or portion thereof may be effected without prior notice, and You agree that FelloWage will not be liable to You or any third party for any such termination.

You

Your only remedy with respect to any dissatisfaction with FelloWage, any term of these Terms, any policy or practice of FelloWage, or any content or information transmitted through the Site or the Services, is to cancel Your Account and to stop using FelloWage.

You may cancel Your Account at any time by sending an email to alex@fellowage.io requesting a cancellation of your Account. You may terminate these Terms at any time by canceling Your Account and discontinuing Your use of FelloWage.

Effect of Cancellation or Termination

Upon any cancellation or termination, FelloWage will not refund any of the prepaid Fees.

Upon any cancellation or termination, the rights and licenses granted to You under these Terms and any additional terms and conditions will automatically terminate.

All provisions of these Terms that, by their nature, should survive termination shall survive termination, including, but not limited to: “Effect of Cancellation or Termination”, “Proprietary Rights”, “Indemnification”, “Disclaimers; No Warranties”, “Limitation of Liability and Damages”, “Dispute Resolution”, and “Miscellaneous”.

Account

It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account.

You agree that you will not disclose your Account password to anyone and that you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.

If You have reason to believe that Your Account is no longer accurate or secure, then You agree to immediately notify Us by emailing alex@fellowage.io.

Wage information

It is important that you provide us with accurate, complete, and up-to-date information about Your Wage, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account.

You agree that we’re going to send you a reminder by email every six (6) months after your last modification of the Wage information.

If You have reason to believe that Your Wage is no longer accurate, and you are unable to update it, then You agree to immediately notify Us by emailing alex@fellowage.io.

Modifications to the Site and the Services

FelloWage reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part of thereof), the Services (or any part thereof) with or without notice. FelloWage shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services.

Fees

FelloWage reserves the right to charge fees for your use of the Site or the Services, as described when making changes to your Account Plan (the “Fees”). You agree to pay such Fees in accordance with the terms set forth in such a change to the Account Plan.

Upon account registration, there are no Fees because the account’s initial plan is “Starter” and is free. You agree that the Starter plan limits the capabilities of Your Account, such as but not limited to, restricting how much Wages Data you can view on a monthly basis. The “Pro” plans (both monthly and yearly) lift such limitations.

All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties associated with your use of the Site or the Services, other than FelloWage’s income tax, FelloWage’s trade tax, and FelloWage’s VAT tax. You agree to pay for any such taxes that might be applicable to your use of the Site or the Services and payments made by you herein.

FelloWage reserves the right, in FelloWage’s sole discretion, to change published prices without notice. Furthermore, FelloWage reserves the right to change the Fees for the Site and the Services tied to your account upon thirty (30) days advance notice of the applicability of such change to the Fees and shall not apply to Fees already charged to your account.

Delayed Transactions

In the event Your Payment Method was declined, FelloWage may attempt to process the transaction again under the same conditions as the transaction was initiated by the User within few days of the User's first attempt to purchase their Plan. Where the Payment Method is approved in such a circumstance, You will receive an email confirming the successful completion of their transaction, and your Plan will become active.

In the event Your Payment Method was declined or expired on a subsequent recurring payment at the beginning of the new billing cycle, FelloWage will notify You about this with the request to update Your billing information in the Billing area of the Site, and FelloWage may attempt to process the transaction again under the same conditions as the aforementioned recurring payment with Your billing details (updated billing details in the event You have updated them). Where the Payment Method is approved in such a circumstance, You will receive an email confirming the successful completion of their transaction, and your Plan will become active.

Where the Payment Method is not approved in any of the circumstances described in this section “Delayed Transactions”, your Plan will not become active and will deactivate if it was active previously. In such an event, your Account will be returned to the “Starter” Plan, and you will have appropriate limitations to the use of the Site and the Services.

VAT

FelloWage doesn’t charge VAT as it is registered as “Kleinunternehmer” (gem. § 19 UStG.)

Merchant Domicile

The Country of Merchant Domicile is Germany; the State of Merchant Domicile is Berlin.

Customer Feedback & Participation in publicity materials

When You change your Plan to “Pro” (or any other that has Fees), you agree that FelloWage may contact you by email or via the Live Chat function of the Site to ask you to provide Your Feedback about the Site and the Services that You receive from Us. You agree that We may ask for Your Permission to use Your provided Feedback in Our publicity and marketing materials and to list your name as a customer on the Site.

We will never use Your provided Feedback or your personal information in our publicity or marketing materials unless You have given Us Your explicit Consent and Permission.

You agree that FelloWage will make such Feedback and Permission requests no more often once per communication channel (Email and Live Chat) per every six (6) months after the date of Your Plan change.

Return, refund and cancellation policy

FelloWage is not obligated to provide refunds or credits for partial months or years of the Services, upgrades or downgrades, or unused time during your subscription.

If FelloWage materially breaches these Terms and fails to cure this breach within thirty (30) days of receiving written notice from you of such breach, FelloWage will refund the proportion of the pre-paid fees attributable to the period after the breach.

You can cancel your “Pro” Plan (or any other Plan that has Fees) in the Billing section of Your Account on the Site. Such Plan will remain active until the end of your current Billing Cycle (Monthly or Yearly). On the first day of Your next Billing Cycle, Your Account’s Plan will change to the “Starter” Plan (that has no Fees).

Subscriptions

Any Fees that are on a subscription basis will be subject to the following:

  • “Monthly” subscriptions will be charged each month on the same day as the day of the month when the subscription was first activated.
  • “Annual” subscriptions will be charged each year on the same day and month as the day and month as when the subscription was first activated.
  • If the charge is scheduled for a day that does not exist in the month being charged (for example, the 31st June), then the charge will instead occur on the last day of that month or the first day of the next month.

Miscellaneous terms

FelloWage reserves all other rights. Prohibited where illegal. You are responsible for any local sales taxes other than EU VAT.

FelloWage may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Unless otherwise expressly stated by FelloWage, FelloWage does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of advertisers found on or through FelloWage are solely between You and such advertisers. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.

Rights to the Feedback

When providing feedback (e.g., by identifying any errors or problems in the operations of the Site and the Services) through any medium (e.g., the Contact Us form, Live Chat function, email or any other medium), you acknowledge and agree that all feedback will be the sole and exclusive property of FelloWage. You hereby assign to FelloWage and agree to assign to FelloWage all of your rights and interest in and to all feedback, including all intellectual property rights therein.

Data Transmission Security

No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information (with an industry-standard up-to-date HTTPS/TLS connection), we do not warrant and cannot ensure the security of information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

Non-solicitation

You may not use the Site or the Services to solicit, interfere with, or endeavor to entice away from FelloWage any FelloWage customer, user, or subscriber.

The Site and the Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Site or the Services, or by written permission of FelloWage or by acting as an agent contracted by a third party to act on FelloWage’s behalf.

If you are interested in becoming a FelloWage partner, reseller, or affiliate, we are happy to talk with you. In that case, please email alex@fellowage.io or talk to Us on the Live Chat.

Force Majeure

FelloWage shall not be responsible for any failure to perform due to unforeseen, non-commercial circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, crime, terrorist attacks, embargoes, acts of civil or military authorities, widespread Internet outages, fire, floods, earthquakes, accidents, strikes, fuel or energy. In the event of any such delay, any applicable period of time for action by FelloWage may be deferred for a period equal to the time of such delay.

Indemnification

You agree to defend, indemnify and hold harmless FelloWage, its business partners, shareholders, officers, directors, employees, contractors, and agents, and its third-party suppliers, licensors, and partners harmless for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your connection to or use of the Site or the Services, including but not limited to any breach by you of these Terms, any claims arising from the content you submit, post, transmit or make available through the Site or the Services, and any misuse of the Site or the Services or claims against FelloWage by Your Employer, resulting from your use or misuse of the Site or the Services. FelloWage reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify FelloWage, and You agree to cooperate with FelloWage’s defense of these claims. FelloWage will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

Warranty Disclaimers

THE SITE, THE DATA, AND THE SERVICES ARE PROVIDED “AS IS”, AND “AS AVAILABLE”, AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FELLOWAGE, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FELLOWAGE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION “WARRANTY DISCLAIMERS”, THE TERM FELLOWAGE INCLUDES FELLOWAGE’S BUSINESS PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, SUBCONTRACTORS AND 3RD-PARTY PARTNERS.

Limitations of Liability and Damages

Limitations of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL FELLOWAGE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS, SERVICES, DATA OR CONTENT ON FELLOWAGE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH FELLOWAGE, EVEN IF FELLOWAGE OR A FELLOWAGE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION “LIMITATIONS OF LIABILITY”, THE TERM FELLOWAGE INCLUDES FELLOWAGE’S BUSINESS PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, SUBCONTRACTORS AND 3RD-PARTY PARTNERS.

Limitations of Damages

IN NO EVENT WILL THE TOTAL LIABILITY OF FELLOWAGE OR ITS BUSINESS PARTNERS, SHAREHOLDERS, AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF FELLOWAGE OR YOUR INTERACTION WITH OTHER FELLOWAGE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING FELLOWAGE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR TWENTY-FIVE (25) EURO, WHICHEVER IS GREATER. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION “LIMITATIONS OF DAMAGES”, THE TERM FELLOWAGE INCLUDES FELLOWAGE’S BUSINESS PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, SUBCONTRACTORS AND 3RD-PARTY PARTNERS.

Reference Sites

THESE LIMITATIONS OF LIABILITY AND LIMITATIONS OF DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN FELLOWAGE AND RECEIVED THROUGH OR ADVERTISED ON FELLOWAGE OR RECEIVED THROUGH ANY REFERENCE SITES.

Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT FELLOWAGE HAS OFFERED ITS SITE, PRODUCTS AND SERVICES, SET ITS PRICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FELLOWAGE, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FELLOWAGE. FELLOWAGE WOULD NOT BE ABLE TO PROVIDE THE SITE, PRODUCTS OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

Limitations by Applicable Law

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

Dispute Resolution

Governing Law

These terms and conditions are governed by the laws of Germany and the laws of the State of Berlin, as applicable without regard to conflicts of laws principles. The United Nations Convention on the International Sale of Goods does not apply and is expressly excluded.

Agreement to Arbitrate

You and FelloWage agree that any dispute, claim or controversy arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of FelloWage or content available on FelloWage (collectively, “Disputes”) shall be finally settled in accordance with the Arbitration Rules of the German Arbitration Institute (DIS) without recourse to the ordinary courts of law. You can find the rules of the arbitration here.

The arbitral tribunal shall be comprised of a sole arbitrator. The seat of the arbitration shall be Berlin, Germany. The language of the arbitration shall be English. The law applicable to the merits shall be as specified in the “Governing Law” section of these Terms.

Miscellaneous

Assignment of Terms

FelloWage may assign or transfer the Terms, in its sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Notice

FelloWage may provide You with notices, including those regarding changes to FelloWage’s terms and conditions, by email, regular mail, or postings on a FelloWage-affiliated website. Notice will be deemed given twenty-four hours after email is sent unless FelloWage is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You. In such case, notice will be deemed given three days after the date of mailing. Notice posted on FelloWage is deemed given ten days following the initial posting.

Waiver

The failure of FelloWage to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by FelloWage.

Integration and Severability

These Terms (including the Privacy Policy) are the entire agreement between you and FelloWage with respect to the Site and the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between You and FelloWage with respect to the Site or the Services. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Survival

Upon termination of these Terms, all provisions that, by their nature, should survive termination shall survive termination, including, but not limited to: “Effect of Cancellation or Termination”, “Proprietary Rights”, “Indemnification”, “Warranty Disclaimers”, “Limitation of Liability and Damages”, “Dispute Resolution”, and “Miscellaneous”.

Claims

YOU AND FELLOWAGE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO FELLOWAGE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Headings for Convenience Only

Headings are for convenience only and have no legal or contractual effect and will not be deemed to limit or affect any of the provisions hereof.

Disclosure & Contact

The Site and the Services are offered to you by Fedorov & Demidenko GbR, Friedrichstr. 123, 10117 Berlin. If you have any questions about these Terms, please contact us at alex@fellowage.io.