Terms of Service

1. Parties and agreement

1.1 These Terms of Service (“Terms”) form a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Yassine Rajallah, a sole proprietor under German law, Berlin, Germany, operating as ContractMaker (“ContractMaker,” “Company,” “we,” “us,” or “our”). They govern your access to and use of the ContractMaker document generation tool and website at contractmaker.app, including the contract and clause generators and the guides, FAQs, and statistics pages published on it (together, the “Service”).

1.2 These Terms are General Terms and Conditions (Allgemeine Geschäftsbedingungen, “AGB”) within the meaning of §§ 305 et seq. of the German Civil Code (Bürgerliches Gesetzbuch, “BGB”).

1.3 The Service is available to consumers (Verbraucher, § 13 BGB) and to businesses (Unternehmer, § 14 BGB). Where a provision applies only to one of these groups, it says so.

1.4 By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service. If you use the Service on behalf of a company or other entity, you confirm that you are authorised to bind it to these Terms, and “you” then means that entity.

1.5 If you are a business, your own general terms and conditions do not apply, even if we do not expressly object to them. If mandatory law grants you rights as a consumer, those rights remain unaffected by these Terms.

2. Amendments to these Terms

2.1 We may amend these Terms for valid reasons, in particular changes in law or case law, changes in the technical environment, changes by third-party providers on which the Service depends, or the addition of new features. Amendments do not change the main performance obligations or any agreed prices.

2.2 Free use without an account. The Service is currently used without registration. Amended Terms are published on this page with a new effective date and apply to your use of the Service from that date. Please check this page from time to time.

2.3 Accounts and paid plans. If we introduce accounts or paid plans, we will send you the amended Terms by email at least thirty (30) days before they take effect. If you do not object in text form before that date, the amended Terms are deemed accepted. If you object, either party may terminate the contract with effect from the date the amendment would have taken effect. We will point out this right to object and the consequence of silence in the amendment notice. Price changes for paid plans are announced at least thirty (30) days in advance and take effect at the next renewal.

2.4 Amendments that are exclusively beneficial to you or that are required by law may take effect immediately.

3. Eligibility

3.1 You must be at least 18 years old and have the legal capacity to accept these Terms.

3.2 You confirm that your use of the Service will comply with all applicable laws and regulations.

4. The Service and what we owe

4.1 ContractMaker is a document tool. It provides templates and software that merge the details you enter into a contract or clause, which you can then copy, download, or print. The website also publishes general informational content such as guides, FAQs, and statistics articles.

4.2 We provide the Service as it is technically and functionally possible at the time of use. We do not owe any particular result, and we do not guarantee that the Service will be available without interruption or free of errors. We will remedy material defects within a reasonable time after you notify us of them.

4.3 We may change, extend, or reduce features of the Service, or discontinue free features, at any time, taking your reasonable interests into account. If a change materially impairs a paid plan, we will give at least thirty (30) days’ notice by email and you may terminate with effect from the date of the change.

4.4 Statistics, figures, and other information on the website come from the third-party sources cited next to them or are estimates. They are published for general information, may become outdated, and we do not guarantee that they are accurate or complete.

4.5 We may use third-party providers (for example for hosting, analytics, and customer chat) to provide the Service. We are not responsible for the availability or actions of third-party services or of websites we link to.

5. Not legal advice — important

5.1 ContractMaker is a document tool, not a law firm. It provides templates and software that merge your inputs into a document. We do not provide legal advice, legal opinions, or legal representation, and using the Service does not create an attorney-client or any other lawyer-client relationship.

5.2 Generated contracts and clauses are templates. The base templates are assembled from openly-licensed and public-domain sources and are provided for general informational purposes only. They are not tailored to you. They may not be suitable for your specific situation, may not reflect the law of your jurisdiction (including mandatory rules, formal requirements, and rules on standard terms and consumer protection), and may not be current.

5.3 You are solely responsible for reviewing every document you generate, for its accuracy and legal sufficiency, and for deciding whether it fits your needs. For anything important, high-value, or unusual, you should have a qualified attorney licensed in your jurisdiction review the document before you rely on or sign it.

5.4 We do not guarantee that any generated document is valid, enforceable, complete, or fit for any particular purpose, or that it will achieve any legal or commercial outcome.

5.5 The Service does not check whether the details you enter are correct, lawful, or consistent with each other. The same applies to the guides, FAQs, and other informational content on the website: they are not legal advice either.

6. Intellectual property rights

6.1 Our rights. The Service and its contents, features, and functionality (including the website design, software, trademarks, and the selection and arrangement of materials) are owned by the Company or its licensors and are protected by German and international intellectual property laws. You receive a simple (non-exclusive), non-transferable, non-sublicensable right to use the Service for your own purposes. You may not copy, modify, distribute, sell, sublicense, decompile, or reverse engineer the Service, except where mandatory law permits it.

6.2 The base templates are provided under their respective open licenses (for example Creative Commons BY 4.0) or are in the public domain.

6.3 You own the documents you generate. The specific content you enter and the resulting filled-in document are yours to use, subject to any attribution requirements of the underlying open license, which appear on the generated document where applicable. We claim no ownership of the documents you generate and we do not receive them.

6.4 Your inputs. You confirm that you hold all rights required to enter the information you enter and to use it in the documents you generate, and that it does not infringe the rights of any third party.

7. Acceptable use

You agree not to:

• 7.1 access the Service through automated or non-human means except via permitted interfaces;
• 7.2 systematically retrieve content to build a competing collection, compilation, or database;
• 7.3 circumvent, disable, or interfere with security-related features of the Service, or attempt to gain unauthorised access to the Service or our infrastructure;
• 7.4 interfere with, disrupt, or place an undue burden on the Service or its infrastructure;
• 7.5 use the Service to generate documents for unlawful, fraudulent, or deceptive purposes, or present a generated document as legal advice or as the work of a law firm;
• 7.6 decompile, disassemble, or reverse engineer any software comprising the Service, except as permitted by law;
• 7.7 use the Service in any other way that violates applicable law or the rights of third parties.

If you breach this section, we may restrict or block your access under Section 13.

8. Privacy and data

The content you enter into the generator is processed in your browser and is not transmitted to or stored by us. Our handling of any other personal data, including cookies and analytics, is described in our Privacy Policy, which is incorporated into these Terms by reference.

9. Fees and payment

9.1 The Service is currently provided free of charge.

9.2 If we introduce paid plans, they may be offered on a recurring subscription basis billed in advance, and the applicable prices and renewal terms will be shown at checkout. VAT will be added where required by law.

9.3 Refunds: where paid plans apply, consumers in the European Union are entitled to a full refund within fourteen (14) days of initial purchase in accordance with EU consumer protection law, after which no refunds are available except where required by law or stated at checkout. For businesses, fees are non-refundable once a billing period has started, except where we have materially failed to deliver the Service or as required by law.

10. Disclaimer of warranties

10.1 The Service, the templates, and the generated documents are provided free of charge, in the state that is technically and functionally possible at the time of use. To the extent permitted by law, we do not warrant that the Service will be error-free or uninterrupted, or that any template or generated document is accurate, current, complete, legally valid, enforceable, or suitable for any particular purpose.

10.2 Document disclaimer: the Service generates documents by merging your inputs into fixed templates. It does not assess your circumstances, does not provide legal advice, and does not guarantee that a document is appropriate, complete, or enforceable in any jurisdiction. You are responsible for reviewing and verifying all output (see Section 5).

10.3 Statutory rights of consumers are not affected by this section.

11. Limitation of liability

11.1 Unlimited liability. We are liable without limitation (a) for intent and gross negligence of us, our legal representatives, or executive staff; (b) for injury to life, body, or health; (c) for defects we have fraudulently concealed; (d) under a guarantee expressly designated by us in writing as a guarantee; and (e) where liability is mandatory by law, in particular under the German Product Liability Act (Produkthaftungsgesetz).

11.2 Free Service. Because the Service is provided free of charge, we are otherwise liable only in the cases of Section 11.1. In all other cases, including slight negligence, our liability for the Service and for documents generated with it is excluded, to the extent permitted by law.

11.3 Paid plans. If we introduce paid plans, then for those plans and for slight negligence (and for gross negligence of simple vicarious agents) we are liable only for breach of a material contractual obligation (Kardinalpflicht), meaning an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely. In that case, our liability is limited to the damage that is typical for this type of contract and was foreseeable when the contract was concluded, and does not exceed, per contract year, the greater of the fees you paid to us in the twelve (12) months before the event giving rise to the claim and EUR 300. In all other cases of slight negligence, our liability is excluded.

11.4 Reliance on generated documents. Subject to Sections 11.1 to 11.3, we are not liable for losses arising from your reliance on a generated document, including because it is invalid, unenforceable, incomplete, or unsuitable for your situation or jurisdiction, or because you did not have it reviewed by a qualified lawyer. If damage is also caused by your failure to review a document (Section 5) or to follow our reasonable instructions, § 254 BGB applies.

11.5 Because we do not receive or store the content you enter into the generator, we are not responsible for its loss.

11.6 The limitations in this section also apply to the personal liability of our employees, representatives, vicarious agents, and subcontractors. Nothing in these Terms limits your statutory rights as a consumer or excludes liability that cannot be excluded under applicable law.

12. Indemnification (business users only)

12.1 If you are a business (Unternehmer), you will indemnify and hold harmless Yassine Rajallah and ContractMaker from claims by third parties, including authorities, counterparties, and rights holders, that arise from (a) the content you enter into or add to a generated document; (b) your use, distribution, or signing of a generated document; (c) your breach of Sections 5, 6.4, or 7; or (d) your breach of applicable law. The indemnity covers reasonable costs of legal defence, including lawyers’ fees at statutory rates, and fines or penalties to the extent legally permissible. It does not apply if you are not responsible for the underlying breach.

12.2 We will inform you without delay of any such claim, not acknowledge it without your consent, and give you the opportunity to take part in the defence.

12.3 This section does not apply to consumers.

13. Term, termination, and suspension

13.1 By you. You may stop using the Service at any time. If you have a paid plan, you may cancel it as described at checkout, with effect from the end of the current billing period, without prejudice to Section 9.3.

13.2 By us. We may discontinue the free Service or any of its features at any time (see Section 4.3). We may terminate a paid plan with thirty (30) days’ notice by email, in which case we refund prepaid fees for the unused portion of the billing period on a pro rata basis.

13.3 Suspension and blocking. We may immediately restrict or block access to the Service, in whole or in part, if there are specific indications that you are breaching these Terms (in particular Section 7), if necessary to protect the Service, other users, or third parties, or if required by law. For a paid plan, we will inform you of the reason and lift the suspension once it no longer applies.

13.4 Either party’s right to terminate for good cause (aus wichtigem Grund) remains unaffected. When your right to use the Service ends, documents you have already generated remain yours. Sections 5, 6, 10, 11, 12, 15, and 16 survive termination.

14. Consumer rights notice

14.1 If you are a consumer, you retain statutory rights that cannot be waived by these Terms, including the mandatory consumer protection rules of the country in which you live.

14.2 Right of withdrawal: where a paid contract applies, consumers may withdraw within 14 days of conclusion of the contract without giving a reason.

15. Governing law, jurisdiction, and dispute resolution

15.1 Informal resolution: before starting formal proceedings, please contact us at contact@contractmaker.app. We will respond within fourteen (14) days.

15.2 Governing law: these Terms and any contract concluded under them are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this does not remove the mandatory consumer protections of the country in which they live.

15.3 Jurisdiction, businesses: if you are a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, or if you have no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Berlin, Germany. We may also bring proceedings at your general place of jurisdiction.

15.4 Jurisdiction, consumers: for disputes with consumers, the statutory rules on jurisdiction apply. Consumers may bring proceedings in the courts of their place of domicile, and we may only bring proceedings against consumers in the courts of their place of domicile.

15.5 Consumer dispute resolution: we are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

16. Miscellaneous

16.1 Severability: if a provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain in full effect, and the statutory provisions apply in place of the invalid provision (§ 306(2) BGB).

16.2 Entire agreement: these Terms and the Privacy Policy constitute the entire agreement between you and the Company regarding the Service. There are no verbal side agreements.

16.3 No waiver: if we do not enforce a provision on one occasion, this does not waive our right to enforce it later.

16.4 Force majeure: neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, war, pandemics, government measures, failures of telecommunications networks, and outages of third-party providers.

16.5 Assignment: we may transfer these Terms to a successor who continues the ContractMaker business and will notify you in advance; you may not assign your rights without our prior written consent.

16.6 Notices: notices to the Company must be given in text form (for example by email) to contact@contractmaker.app.

16.7 Language: these Terms are provided in English. If a translation exists, the English version prevails.

17. Contact information

Yassine Rajallah
Berlin, Germany
Email: contact@contractmaker.app

This document constitutes the General Terms and Conditions (AGB) of ContractMaker and is subject to German law.

By using the Service, you acknowledge that you have read these Terms of Service and agree to be bound by them.