DRAFT – NEEDS LAWYER REVIEW BEFORE USE

Withdrawal Information, Model Withdrawal Form and Consent Texts

Last updated: [DATE]

Draft note: All boxes marked "TODO" and the "Preliminary note" section are internal working notes and must be removed before publication.

TODO(owner) + TODO(lawyer): This English version is a translation of the German "Widerrufsbelehrung". The model texts below follow the English model in Annex I of Directive 2011/83/EU. Decide whether the German version prevails in the event of any discrepancy.

Preliminary note for the seller (do not publish)

1. Which withdrawal information fits?

The Jarvis subscription (Pro/Max) essentially consists of an ongoing online service: licence checks, forwarding and processing of requests by AI and speech recognition services, usage allowances, ongoing updates. In our understanding, this is generally a digital service (Section 327(2) sentence 2 BGB) and therefore a service for the purposes of the right of withdrawal. The downloadable App is digital content, but mainly serves as access to this service.
This draft recommends Variant A (service). Use Variant B (digital content) only if a one-off purchase (e.g. a perpetual licence without an ongoing online service) is also offered.
TODO(lawyer): Confirm this classification (in particular whether there is a bundle contract with digital content and a digital service and whether both sets of rules on expiry/compensation must then be combined).

2. Consequences

Service (Variant A): The right of withdrawal only expires once the service has been fully provided (Section 356(4) BGB). For a monthly subscription this is practically never the case within 14 days. The customer can therefore withdraw within the 14 days; they then owe proportionate compensation for the service provided until the withdrawal – but only if they expressly requested that we begin before the end of the withdrawal period and were properly informed (Section 357a(2) BGB). The checkbox in Section 4 A is needed for this.
Digital content (Variant B): The right of withdrawal expires as soon as we have begun performance, provided the customer (a) expressly consented to us beginning before the end of the withdrawal period, (b) acknowledged that they thereby lose their right of withdrawal, and (c) we provided a confirmation under Section 312f BGB (Section 356(5) BGB). No compensation is owed.

3. Further points

Trial: Under Variant B of the Terms (Section 4 – trial followed by a subscription), the contract is concluded at the start of the trial; the withdrawal period runs from then. TODO(lawyer): review.
Free plan: Contracts without payment where the consumer provides personal data may also be subject to distance selling law (Section 312(1a) BGB). TODO(lawyer): check whether and how withdrawal information must be given for the Free plan.
Business customers have no statutory right of withdrawal. TODO(owner): If you also sell to businesses, limit the information expressly to consumers (already worded this way: "Consumers have …").
Withdrawal button / withdrawal function: Since 19 June 2026, traders must provide an electronic withdrawal function for distance contracts concluded online (Art. 11a of Consumer Rights Directive 2011/83/EU, inserted by Directive (EU) 2023/2673). TODO(lawyer): check the German implementation (exact label, placement, acknowledgement of receipt) and whether the model withdrawal information has changed as a result. See Section 6.
Model text: The German version follows the statutory model (Annex 1 to Art. 246a Section 1(2) sentence 2 EGBGB). The statutory presumption of correctness only applies if it is used unchanged and correctly completed. TODO(lawyer): compare wording with the current version; in particular whether the half-sentence on delivery costs should remain for purely digital services.
Expiry notice: Information on the circumstances under which the right of withdrawal is lost must be given separately (Art. 246a Section 1(3) EGBGB). It is therefore placed outside the model text ("Special notes" in Sections 1 and 2).

1. Variant A – Withdrawal information for subscriptions (digital service) – recommended

Consumers have a right of withdrawal as follows:

Withdrawal information

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us ([NAME], [ADDRESS], [PHONE], [EMAIL]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory. [You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website [WEBSITE URL]/withdraw. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by email) without delay.]

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

– End of withdrawal information –

Special notes

Your right of withdrawal expires once we have fully provided the service, if before the start of performance you expressly consented to us beginning to provide the service before the end of the withdrawal period and acknowledged that your right of withdrawal expires once we have fully performed the contract.

TODO(lawyer): Review the optional sentence on online withdrawal (square brackets in "Right of withdrawal") in connection with the new withdrawal function and adjust if necessary.

2. Variant B – Withdrawal information for digital content (only for a one-off purchase without an ongoing online service)

Consumers have a right of withdrawal as follows:

Withdrawal information

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

– End of withdrawal information –

Special notes

For a contract for the supply of digital content not supplied on a tangible medium, your right of withdrawal expires once we have begun performance, after you expressly consented to us beginning performance before the end of the withdrawal period, you acknowledged that by giving this consent you lose your right of withdrawal once performance has begun, and we provided you with a confirmation of the contract (including your consent and acknowledgement) on a durable medium.

3. Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

– To [NAME], [ADDRESS], email: [EMAIL]:

– I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*),

– Ordered on ()/received on (),

– Name of consumer(s),

– Address of consumer(s),

– Signature of consumer(s) (only if this form is notified on paper),

– Date

(*) Delete as appropriate.

TODO(lawyer): Compare the model text with the currently applicable version. Check whether an addition for digital content/services (e.g. "for the supply of the following digital content (*)") is advisable without jeopardising the model's statutory presumption.

4. Consent texts for the checkout

These checkboxes must appear before the order button, must not be pre-ticked, and must be logged with time and wording. The same wording is in ../checkout-consent.md.

A – Subscription (digital service) – matching Variant A:

☐ I expressly request that [NAME] begin providing the service before the end of the withdrawal period. I understand that if I withdraw, I must pay a reasonable amount for the services provided until my withdrawal, and that my right of withdrawal expires once the contract has been fully performed.

B – Digital content – matching Variant B:

☐ I expressly agree that [NAME] begin performance of the contract (provision of Jarvis and the licence key) before the end of the withdrawal period. I acknowledge that by giving this consent I lose my right of withdrawal once performance of the contract has begun.

TODO(lawyer): Check whether the checkbox may be mandatory (order only possible when ticked) or whether customers must be able to choose that performance only begins after the withdrawal period. For Variant A, the tick is required for the compensation claim.

5. Text block for the contract confirmation (Section 312f BGB)

The contract confirmation must be provided on a durable medium (e.g. email) at the latest when performance begins and must include the contract content, the Terms, the withdrawal information and the model withdrawal form (e.g. as a PDF attachment).

For Variant A:

You expressly requested that we begin providing the service before the end of the withdrawal period. You confirmed that you understand that if you withdraw, you must pay a reasonable amount for the services provided until your withdrawal, and that your right of withdrawal expires once the contract has been fully performed.

For Variant B:

You expressly agreed that we begin performance of the contract before the end of the withdrawal period and acknowledged that by giving this consent you lose your right of withdrawal once performance of the contract has begun.

6. Withdrawal function (withdrawal button) on the website

TODO(lawyer) + TODO(owner): Since 19 June 2026, an electronic withdrawal function must be provided for contracts concluded online (Art. 11a Directive 2011/83/EU as amended by Directive (EU) 2023/2673). Check the exact requirements under German implementing law. Working draft, to be confirmed:

Permanently available, clearly legible button during the withdrawal period, e.g. "Withdraw from contract here" (German: "Vertrag hier widerrufen"; check the exact statutory label).

Then entry or confirmation of name, contract identifier (e.g. order number/email) and contact details for the acknowledgement of receipt.

Confirmation button, e.g. "Confirm withdrawal" (German: "Widerruf bestätigen"; check the exact label).

Acknowledgement of receipt on a durable medium (email) without undue delay, stating the content, date and time of the withdrawal.

Do not confuse with the cancellation button under Section 312k BGB ("Verträge hier kündigen" / "Cancel contracts here") – both are required.