1. Overview of Our Services
1.1 Provider Information
Legalpaca GmbH, Bernhard-Lichtenberg-Str 13, 10407 Berlin (hereinafter referred to as “AbfindungsHero” or “Provider”) is the provider and operator of the website “abfindungshero.de.” The provider offers, through this website, the following services:
– Editorial Information: General information on topics such as employment law, severance pay, etc. This includes but is not limited to, editorial articles on specific legal areas, case law collections, sample documents, whitepapers, calculators, general legal tips, and blog articles. This information is not case-specific and does not constitute individual legal advice.
– (Preliminary) Online Assessments: Automated online tools (calculators, surveys) that provide preliminary assessments, e.g. of potential severance claims or similar matters. These tools are based on algorithms and serve as an initial assessment, not as a substitute for legal consultation from a licensed attorney.
– Mediation of Legal Services: AbfindungsHero facilitates the connection between consumers needing employment law advice (e.g., following termination) and law firms specializing in employment law. In some cases, AbfindungsHero arranges a free initial consultation with a partner attorney, who is not affiliated with the provider. AbfindungsHero does not itself provide any legal advice, ever.
– Service Modifications: The provider reserves the right to expand, modify, or discontinue individual or all services without notice.
1.2 Applicability
These mediation conditions govern only the mediation of services as described in Section 1.1 and outline the contractual relationship between the user and AbfindungsHero. Attorneys and law firms may establish separate agreements with their clients and/or AbfindungsHero. Any financing of legal fees or court costs related to employment law disputes is subject to separate agreements and is not governed by these mediation conditions.
2. Formation of the Usage Agreement and Transmission of Information
2.1 Contract Formation
Certain services offered by AbfindungsHero require a request from the user, which is free of charge. The data required for the request is collected through surveys. The user must provide their name, email address, postal code, phone number, and other relevant information.
2.2 Consent to Conditions
To submit a request, the user must agree to these mediation conditions and the provider’s privacy policy by checking the relevant boxes and clicking the “Submit Request” button (or similar). The user must be a natural person of legal age (over 18 years) with full legal capacity. The transmission of user information is governed by the privacy policy.
2.3 Usage Agreement
By submitting a request, a contractual usage relationship (“Usage Agreement”) is established between the user and AbfindungsHero, governed by these mediation conditions.
2.4 Disclaimer
The editorial content on the website does not constitute legal advice or case-specific advice and does not replace qualified legal consultation by an attorney.
3. Mediation of an Attorney by AbfindungsHero, Including Free Initial Assessment
3.1 Service Description
AbfindungsHero provides users, subject to availability, with the opportunity to submit their information for a free initial assessment by a qualified attorney. The platform’s services, including the transmission of information to an attorney and the initial assessment, are free of charge for the user. AbfindungsHero is funded through commissions from partner law firms for referring clients.
3.2 Authorization to Transmit Data
By submitting a request, the user authorizes AbfindungsHero to forward their request and information to a suitable partner attorney. The attorney is selected based on their expertise and suitability for the user’s case. There is no obligation for either the user or the referred attorney to enter into a contractual relationship based on the referral.
3.3 No Attorney Found
If no suitable attorney is available, AbfindungsHero is not obligated to arrange a referral. Additionally, AbfindungsHero reserves the right not to forward requests with false information.
3.4 Contract Formation with Attorneys
If a contract is established between the user and a referred attorney, its terms are governed solely by the agreements between those parties. AbfindungsHero is not a party to this contract and assumes no liability for any breach of obligations by the attorney or user.
4. Duration and Termination of the Usage Agreement
4.1 Termination
The Usage Agreement is concluded for an indefinite period. AbfindungsHero may terminate the agreement with four weeks’ notice, while the user may terminate at any time without notice.
4.2 Account Deletion
Upon termination, AbfindungsHero will delete the user’s account. The responsibility for the deletion of any personal data shared with attorneys lies with the respective attorney.
4.3 Immediate Termination
AbfindungsHero reserves the right to immediately terminate the Usage Agreement and block the user account in cases of serious breach of these mediation conditions or misuse of the platform.
5. Liability of AbfindungsHero
5.1 No Liability for Legal Assessments
AbfindungsHero assumes no liability for the legal assessments made by referred attorneys. The responsibility for legal advice lies solely with the referred attorney.
5.2 Liability Limitations
AbfindungsHero is liable for damages caused by intentional or gross negligence, personal injury, and product liability claims as provided by law. For slight negligence, liability is limited to foreseeable, typical damages.
5.3 Editorial Content
AbfindungsHero does not guarantee the accuracy of editorial content on the platform, which does not replace legal advice.
6. Service Interruptions
AbfindungsHero strives to ensure uninterrupted service but reserves the right to limit or suspend services due to technical reasons, capacity issues, or maintenance.
7. Prohibition of Illegal Content and Indemnification
Users are prohibited from uploading illegal content or introducing viruses or malicious software. Users must indemnify AbfindungsHero against third-party claims arising from their actions.
8. Dispute Resolution
AbfindungsHero is not obligated and not willing to participate in dispute resolution procedures before a consumer arbitration board.
9. Final Provisions
Changes to these mediation conditions require user consent, except in cases where the changes are mandated by law or do not adversely affect the user.
10. Right of Withdrawal
Users have the right to withdraw from this contract within 14 days without stating any reason. The withdrawal period begins on the date of contract formation.