Terms and Conditions
Last updated: September 2026
These terms are available in German and English. The German version is the legally binding one; the English version is provided for convenience.
§ 1 Scope and contracting parties
These terms apply to all contracts for the use of the software-as-a-service platform "Feedblick Swarm" between Dr. Sergio Vargas - biodatum.io ("Provider") and businesses that use Feedblick Swarm for their team ("Customer"). Customers open and run sessions; the people a Customer invites to a session ("participants") do not need an account and are not parties to this contract. These terms apply exclusively to businesses within the meaning of § 14 BGB — persons or entities acting in the exercise of a commercial or independent professional activity when entering into the contract. By requesting access, the Customer confirms that they are acting in that capacity. Deviating, conflicting, or supplementary terms proposed by the Customer only become part of the contract if the Provider has expressly agreed to them in writing.
§ 2 Description of services
Feedblick Swarm is a shared team timer and task board. A Customer opens a session, shares a join code or QR code, and the team works from one shared list in synchronized focus rounds: participants can claim tasks and signal that they are done, stuck, or need two more minutes, while the host controls the timer, the list, and the number and length of the rounds. Participants join by typing a name; what they enter (name, group, signal) is transmitted live and is not stored in the Provider's database. The features available depend on the plan ("Free" or "Pro"); the current description of each plan is published on the website. Feedblick Swarm is not a project-management system and does not promise any particular result for the Customer's work.
§ 3 Registration and formation of contract
Access to Feedblick Swarm is currently invite-only, following a request submitted through the access form and an invitation from the Provider. Submitting an access request is an offer to enter into a usage contract for the Free plan; the contract is formed once the Provider activates the account. The Provider is not obliged to accept any given access request. The Pro plan is a separate, paid subscription: the Customer starts it in the account settings and completes the payment through the payment provider (Stripe); the subscription contract is formed once the subscription is active.
§ 4 Pricing and payment terms
The Free plan is free of charge. The Pro plan costs €4.99 per month plus statutory VAT per host account. The price covers all sessions of that host account; participants never pay. It is billed monthly in advance through Stripe using the payment methods Stripe offers, and invoices are provided electronically. If a payment fails or a subscription is no longer active, the Pro features end and the Free plan's limits apply to creating new content; content that already exists remains accessible. Price changes: The Provider announces a price change for existing Pro subscriptions in text form and points out the following right in that notice. The Customer may cancel the Pro subscription within two weeks after receiving the announcement, with effect before the new price applies. The new price applies from the first billing period that begins after this two-week period, unless the Customer has cancelled.
§ 5 Customer obligations
The Customer must keep their account credentials confidential and protect them from access by third parties. The Customer is responsible for their use of the service, including the people they invite to sessions and what they enter (for example session names and task texts). The Customer must not use the service unlawfully, must not enter unlawful content, must not circumvent the limits of their plan, and must not disrupt or overload the platform (for example through automated access or by flooding a session). Where the Customer uses the service with minors or in a school context, the Customer is responsible for meeting the legal requirements that apply to them. A breach of these obligations entitles the Provider to block the account or to terminate the contract for cause without notice.
§ 6 Content and data
Content the Customer creates (sessions, task lists, settings) remains the Customer's. The Customer grants the Provider the right to store and process it to the extent necessary to provide the service. What participants type (name, group, signal) exists only in a temporary live connection and is discarded when the session ends or the participants disconnect; the Provider does not store it. The Customer can delete individual sessions and their whole account at any time in the app; deleting the account also deletes its sessions and task lists. Data the Provider must keep by law (for example billing records) is kept for the statutory period.
§ 7 Availability
The Provider strives for high availability of the platform but does not guarantee any specific availability or response time (no service-level agreement unless separately agreed in writing). Maintenance is performed outside normal working hours where possible and announced in advance. The timer's automatic phase changes are triggered from the host's open browser: if the host's device goes to sleep or the page is closed, the timer may not advance until the host returns (participants' screens keep to the schedule in the meantime).
§ 8 Term and termination
The Free plan has no fixed term. The Customer can end it at any time by deleting their account; the Provider may terminate it in text form with reasonable notice. The Pro plan is a monthly subscription that renews automatically for another month unless it is cancelled. The Customer can cancel at any time in the account settings ("Manage billing"); the cancellation takes effect at the end of the billing period already paid, and the Pro features remain available until then. Amounts paid for a billing period are not refunded pro rata unless the law requires it. The Provider may terminate the Pro plan in text form with effect at the end of the current billing period. Either party's right to terminate for cause without notice remains unaffected. After a Pro subscription ends, the account continues on the Free plan.
§ 9 Liability
The Provider is liable without limitation for damages arising from injury to life, body, or health, and for damages caused by intent or gross negligence of the Provider, its legal representatives, or vicarious agents, as well as under any guarantee given or under mandatory statutory provisions (e.g. product liability law). For damages caused by ordinary negligence in the breach of a material contractual obligation (cardinal obligation) — one whose fulfillment makes proper performance of the contract possible in the first place, and on whose observance the Customer may regularly rely — the Provider's liability is limited to the foreseeable, contract-typical damage at the time of contract formation. Beyond that, the Provider's liability for ordinary negligence is excluded. The above limitations also apply for the benefit of the Provider's legal representatives and vicarious agents.
§ 10 Data protection
Processing of personal data is governed by the separate privacy policy. On request, the Provider will make a data processing agreement (DPA) under Art. 28 GDPR available to interested Customers [PLACEHOLDER: DPA template not yet finalized].
§ 11 No right of withdrawal for businesses
Because these terms apply exclusively to businesses within the meaning of § 14 BGB (see § 1), no statutory right of withdrawal under § 312g BGB applies.
§ 12 Changes to these terms
The Provider may amend these terms with effect for the future where necessary to adapt to changed legal or technical circumstances, or for other objective reasons. The Customer will be informed of changes in text form and may object or cancel within two weeks after receiving the notice. Unless the Customer objects within that period, the amended terms are deemed accepted. The Customer will be specifically notified of this right and of the significance of remaining silent when the change is announced.
§ 13 Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is, to the extent legally permissible, the Provider's place of business. Should individual provisions of these terms be or become invalid, the validity of the remaining provisions is unaffected. In case of discrepancies between the German and the English version, the German version prevails.
Contact
For questions about these terms, please contact: info@biodatum.io