Terms of service

1. Who we are and what these terms cover

These terms apply when you use Fiveover on fiveover.app and in the app. Your contract is with Glockner Holding UG (haftungsbeschränkt), Julius-Hatry-Straße 1, 68163 Mannheim, Germany, email hello@fiveover.app. You are a consumer if you use Fiveover mainly for purposes outside your trade, business or profession. If you use it for your business, the section "Business customers and data processing" also applies.

2. What Fiveover does and doesn't do

Fiveover is a tool for writing reports: you talk, type and take photos, and the AI writes the report's sections and fills in its fields. You read it, sign it electronically and receive a sealed PDF. Whether the other side signs too depends on the form and on you (see below).

Sealing means: we create a PDF from the report as it was signed, add a checksum and a timestamp, and make it available to the people who signed it. Once it's available, that service is complete. Keeping it for 3 years and the online verification are free extras.

What we don't promise: Fiveover is not a party to the report and does not give legal advice. We don't check whether texts, facts and photos are correct, complete or match your agreement; "What's missing" is a help, not such a check. We don't promise a legal result: not that a record meets a form the law requires, not that it's accepted as evidence in a dispute, and not that it leads to any particular outcome. What a record proves is for a court or tribunal to decide.

The other side's signature: each form says whether the other side is offered a signature, and you can change that for each report. They can sign:

• on your phone, with their name and a signature on the screen. Their email address is optional; if they give one, they confirm it with a one-time code. Next to their signature, the PDF says whether their email address was confirmed, only given, or not given. A signature without a confirmed email address only shows that someone signed on your phone under the name given; it carries less weight as evidence than one confirmed with a code. Let the other side read the report before they sign.
• on their own phone, through a QR code or link: they can read the report but not change it, and they sign after confirming their email address with a code.
• later, by email: we seal the report with your signature and send them the PDF and a link to confirm it within 30 days; if they confirm, we seal it again with their signature, under the same verification code and at no extra cost. You're responsible for the name and email address you enter for them.

When they sign, the other side may add one remark of up to 1,000 characters. It's printed with their signature as they wrote it and sealed with the report; nobody can change it afterwards. If the other side doesn't sign, or the form doesn't offer it, you sign alone, and the PDF lists who signed. A report only one side signed carries less weight as evidence than one both sides signed.

Electronic signatures: a signature in Fiveover is a simple electronic signature within the meaning of the eIDAS Regulation. It replaces neither a written form the law requires nor a qualified electronic signature. You check yourself whether a statement needs a particular form, for example giving notice on a tenancy.

3. AI in Fiveover

Fiveover uses AI models from OpenAI. The AI picks or builds a form from your description, writes the text of the sections from what you say and type, fills in fields (such as meter readings, dates, number plates and hours worked), reads photos and puts them in the right section, writes titles and, before you finish, lists what seems to be missing. It turns your own form (a PDF, a Word file or photos) into one for Fiveover.

• Text and facts, not decisions: The AI writes into the report directly. Once you've changed a section's text yourself, it doesn't change your words without asking: its change waits until you use it or keep your version. Where it's clear from what was said, it writes who said something into the text ("According to the tenant, …"); that's your account of what was said, not that person's own statement. The AI can mishear, be wrong or leave things out: read the report before you sign, since signing confirms what it says. "What's missing" lists gaps against the form; it doesn't make the report complete or correct. The AI makes no decisions about people, doesn't judge who is at fault and gives no legal advice.
• Marking: the PDF's metadata says in machine-readable form what came from AI, including whether the title or form did. The app and the PDF's text don't mark it.
• Purpose: Fiveover is for writing reports about things, places, work and events, such as the condition of a flat, a defect, work done or an accident. It isn't made for assessing people, such as employees, tenants or others involved in an accident, and must not be used for that: the hours in a work report record the job, not anyone's performance.
• No training: OpenAI doesn't use your data for training (see the privacy policy).

4. Business customers and data processing

If you use Fiveover for your business and write reports about or with other people, such as tenants, customers or employees, you are responsible for their data and we process it on your behalf. Our data processing agreement applies to this. It becomes part of this contract once you switch on "Business use" in the app and accept it, or indicate at checkout that you're buying as a business. How we learn from the reports of business accounts is set out in section 13 of the data processing agreement; you can switch it off in the app under "Let Fiveover learn from my reports". If you upload a logo, you must have the right to use it, and you let us print it on your own reports, nowhere else. For your account, your purchases and the security of Fiveover, we're responsible ourselves (privacy policy).

5. Your account, invitations and age

An account is created when you confirm your email address with a code. Keep access to that email address secure. You sign your own report with a confirmed email address; a confirmation counts for 30 days on your account. If someone shows you the QR code for their report or sends you a link, you can read the report through it before you confirm an email address, but not change it; to sign on your own phone, you need a confirmed email address. Fiveover is meant for adults; if you're under 18, only use it with your parents' or guardian's permission.

6. Your content

You are responsible for your reports and photos; read what the AI wrote before you sign. Only upload content you have the right to use, and avoid photographing people who aren't involved. Tell the people with you that you're talking to Fiveover and that what they say may be written into the report. If you upload your own form, it must be yours or you must have the right to use it this way. You're responsible for your own form and its fixed text, such as confirmations or notes: check what the AI made of it. Fiveover prints fixed text word for word, and only once you've confirmed your form says exactly that; we don't check whether it is legally effective. While "Let Fiveover learn from my reports" is on, we may use your reports and photos, without what identifies people, to improve Fiveover and train AI models; we may keep using models trained this way. Illegal content isn't allowed. If we learn of clearly illegal content, we may block it and tell you why. You can report illegal content to us through the reporting form or by email to hello@fiveover.app. We review every report carefully and promptly and tell the person who reported it and the person affected what we decided and why (Art. 16 and 17 EU Digital Services Act). You can ask us to reconsider a decision, and your right to go to court is unaffected.

7. How you buy

Our presentation of Fiveover and its prices is not a binding offer. You choose what to buy under "Seal this record" or on the Pro page, confirm as a consumer that we should start right away and go to the checkout page of our payment provider Stripe. There you enter your payment details and see the service, total price and, for Pro, term and cancellation again. Clicking the order button is your binding offer; we accept it by accepting the payment and confirming the contract by email. Until you click the order button you can correct your details on the checkout page or go back to the app. We store your contract and email it to you with these terms and the withdrawal notice; the current terms are always on this page. You can conclude the contract in English or German. We haven't signed up to any code of conduct. You pay in advance through Stripe, with the payment methods Stripe shows you.

8. Prices and payment

Filling in is free. We seal the first 3 reports of every account free of charge; a free report is used once everyone has signed. After that, sealing costs the price shown for the form before you buy, or uses your Pro allowance. The prices shown are final prices, including any VAT or GST we must charge. A free form stays free when you finish on your own and give the other side's email address; without it, sealing costs the single price shown before you buy. The other party never pays. If a paid report is never sealed, we refund the price on request.

9. Pro: renewal and cancelling

• Pro monthly continues until you cancel. You pay monthly in advance and can cancel at any time, effective at the end of the current billing month.
• Pro yearly runs for one year, paid upfront. If you don't cancel by the end of that year, it continues until you cancel, billed monthly at €18.25, and you can cancel at any time, effective at the end of the billing month. We'll remind you by email before your first year ends.
• Pro yearly for businesses: if your account is a business account when you buy (you use Fiveover for your business and set that in the app), Pro yearly instead renews for another year at €219 until you cancel; you can cancel at any time, effective at the end of the current year. We'll remind you by email before each renewal.
• Pro includes 30 sealed reports per billing month; each further one costs €1.99. Unused reports expire at the end of the billing month.
• With Pro, we print your logo on the reports you seal while "Business use" is switched on. Reports sealed with your logo keep it after Pro ends.
• You can cancel online at Cancel your subscription, or by email to hello@fiveover.app. Cancelling stops all future charges. We confirm your cancellation by email. If you cancel online, the page shows you when we received your cancellation as soon as you send it.
• We only change the price of a running subscription with your agreement.

10. Right of withdrawal

If you are a consumer, you have a statutory right to withdraw within 14 days. Details and the model withdrawal form are in the withdrawal notice; you can also withdraw online through Withdraw from contract. When you buy, you expressly ask us to start right away. For a single record, your right of withdrawal therefore ends once we have fully sealed it. For Pro, you can withdraw within 14 days and then pay pro rata for the time until you withdraw.

11. Data export and switching

You can ask us at any time to give you your data, including to switch to another provider (Art. 23 to 31 EU Data Act). Write to privacy@fiveover.app.

• What you get: your account's reports with their texts, facts, photos and remarks, what was said for as long as we keep it, the sealed PDFs, the signature details (who signed, when and how they confirmed), and your account and purchase data.
• Format: a JSON file (UTF-8) with one object per report, the photos as JPEG and the records as PDF/A. A description of the fields comes with it.
• What isn't included: internal data about running our service, such as security and sign-in logs, counters against abuse and for AI costs, usage statistics, and forms we created ourselves.
• Timing: we provide the export within 30 days of your request, and you can then download it for at least 30 days. Monthly Pro can be cancelled at the end of any billing month. If you switch from yearly Pro, you can end it with 2 months' notice and get back the share of the yearly price for the time after that.
• Afterwards we delete the data unless a law requires us to keep it; the shared record stays available to the other side for as long as the privacy policy says.
• Cost: export and switching are free.

12. Availability

We keep Fiveover available as well as we can, but we can't promise uninterrupted access, for example during maintenance or outages at our service providers. Download your sealed PDF; the link in the email is valid for 7 days.

13. Our responsibility to you

1. We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, where we have given a guarantee, and where we fraudulently concealed a defect.
2. Otherwise, for slight negligence we are only liable if we breach an essential contractual duty. These are duties whose performance makes the proper performance of the contract possible in the first place and on which you may regularly rely, for example that we seal the record unchanged, as it was signed, and make it available to those who signed it. Our liability is then limited to the damage that was foreseeable and typical for this kind of contract when it was concluded.
3. We are not liable for the content of a record or for what it proves in a dispute, because we promise neither (section 2).
4. These rules also apply to our employees and agents.
5. Your statutory rights if our digital services are defective remain unaffected.

14. Rights for defects

The statutory rights for defects apply to our digital services.

15. Complaints

If something goes wrong, write to us through the contact form or at hello@fiveover.app; we usually reply within five working days. We are not obliged and not willing to take part in dispute resolution proceedings before a consumer arbitration board.

16. Law and courts

German law applies. If you are a consumer and your habitual residence is in another country, you also keep the protection of the mandatory provisions of that country. If you use Fiveover for your business, the courts of Mannheim, Germany, decide disputes.

17. Changes to these terms

New versions of these terms only apply to an existing contract if you agree to them.