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GENERAL TERMS AND CONDITIONS FOR YOUR FEEDBACK SOLUTIONS

 

Dear customer, by accepting these terms and conditions you declare that:

  • are aware that completing the form ("Form") for the free trial and signing it electronically (via the corresponding button) is tantamount to contractual acceptance of this document and the annexes;
  • to be aware that the subscription to the Service will only become effective upon receipt of the notification of successful activation sent by email ("Welcome Email") from YOUR FEEDBACK SOLUTIONS ;
  • to have read and unconditionally accept all the provisions and clauses contained in this document, which are reproduced in full below;
  • to have read, understood and accepted the economic conditions contained in this document;
  • to have read, understood and expressly accepted the economic conditions contained in this document;
  • in accordance with sections 305c and 307 of the German Civil Code, I have read and expressly accept the following provisions of the General Terms and Conditions: "OPERATION OF THE SERVICE"; "WARRANTIES"; "UNAUTHORIZED USE"; "INTELLECTUAL PROPERTY AND COPYRIGHT"; "LIMITATIONS OF LIABILITY AND OVERRIDING IMPOSSIBILITY"; "MODIFICATIONS TO THESE TERMS"; "CONFIDENTIALITY AND PRIVACY"; "EXPRESS TERMINATION OF CONTRACT"; "ASSIGNMENT OF CONTRACT"; "NULLITY"; "APPLICABLE LAW AND JURISDICTION"; "PERSONAL DATA"; "GENERAL CLAUSE".

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DEFINITIONS

For the purposes of these Conditions and the Annexes, the definitions set out in this Article shall apply.

Subscription: is the period during which the customer uses the services of the platform after completing the registration phase and paying the monthly fee. The cost of the subscription is closely related to the number of activities that the customer enters in their account.

Customer account: is the main account that is created directly by the customer and through which you can manage your subscription.

User or user account: are the licenses to use the service with limited functionality that are activated by the customer account.

Attachment(s): are the legally binding documents that can be viewed on the Website, including but not limited to: the Privacy Policy and the Cookie Policy.

Activity: refers to one or more of the business activities managed by the customer that are linked to the customer account.

Carousel: is the mode with horizontal interface to use the widget function. This function allows the customer to display the 15 best and latest reviews (with text message).

Chat: is the support service included in the platform through which the customer can communicate directly with a member of the company team to receive the desired support.

Customer(s): is the natural person and/or legal entity that uses the service offered by the Company in the course of its business activities.

YOUR FEEDBACK SOLUTIONS or company: is the company YourFeedback Solutions, Hajo Rappe, Moselstr. 26, 40219 Düsseldorf. 

Feed: is the mode with a vertical interface for using the widget function. This function allows the customer to publish the top 15 latest reviews (with text message).

Functions: are the functions of the platform that the customer can access when surfing the website.

Integrations: is the feature of the platform that allows the customer to import the public reviews on third party websites such as Facebook, Google, TripAdvisor, etc.

Interested parties: are the customers and/or users of the customer who are invited to evaluate the activity. They must be informed in advance by the customer about the purpose of the processing of personal data and the use of the service offered by YOUR FEEDBACK SOLUTIONS .

Free package: is the free package offered by YOUR FEEDBACK SOLUTIONS , which starts with the receipt of the welcome email.

Public rating(s): are the ratings that are published on third-party websites and integrated into the platform.

Private reviews: are the reviews that the customer receives on the platform and that they wish to keep confidential.

 

Registration: is the subscription registration phase, as described in the "Service features" section of this document.

Sectors: are the areas of activity.

Service: is the innovative system developed by YOUR FEEDBACK SOLUTIONS that enables customers to integrate, manage, monitor and share public reviews and send review requests to interested parties.

Website: the domain yourfeedback.solutions is owned by Hajo Rappe

Software and/or Platform: means the platform conceived, designed, built and maintained by YOUR FEEDBACK SOLUTIONS .

is designed, developed, built and marketed by YOUR FEEDBACK SOLUTIONS , which can be accessed at the domain app.yourfeedback.solutions.

General Terms and Conditions: is the present document that governs the general terms and conditions between IHR FEEDBACK SOLUTIONS, its customers and the user accounts associated with it.

Widget: is a computer function that allows you to display the best and latest reviews on the page of your activity via a link provided by the platform.

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SUBJECT

These General Terms and Conditions and the appendices on the website govern the contractual relationship between YOUR FEEDBACK SOLUTIONS , the owner and proprietor of the platform, and the customers. Acceptance of the General Terms and Conditions and the appendices by the customer is a prerequisite for the start of the free subscription and the activation of the subscription.

The customer declares that he has carefully read these General Terms and Conditions and the appendices before submitting the form and starting to use the service.

The customer can sign these general terms and conditions and the annexes in the sense of full acceptance without having to sign a paper form after entering the required data in the form and finally selecting the corresponding button.

The selection of the aforementioned button shall be deemed as acceptance of all effects of the General Terms and Conditions and the annexes as well as the regulations contained therein. It is understood that the validity of the acceptance of this document also extends to the registration phase.

By completing the form, the customer also accepts the sending of information by e-mail and/or SMS by YOUR FEEDBACK SOLUTIONS in order to facilitate the use of the service.

 

DESCRIPTION OF THE FUNCTIONING OF THE SERVICE

YOUR FEEDBACK SOLUTIONS is active in the IT industry and offers the customer the service that enables the customer account to start activities in its own industry and to use the functionalities described later.

The customer account can manage and summarize public reviews via the integrations. The best public reviews can be placed on the website of the corresponding activity via widgets.

In addition, by entering the data of the interested parties, the customer account can send them emails, SMS and/or Whatsapp messages to ask them to rate the activity they are using, thanks to the "Send link" function.

The customer account can also decide to automatically send the request for verification to the interested party via the "Automate" section.

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FUNCTIONALITY

▪ The Feedback Manager is the area that allows the customer account to monitor and analyze the flow of public reviews received.

▪ My activities: In this area, the customer can add, remove, update and/or manage activities (divided by sector) and integrations.

▪ Send links: This feature allows the Customer to send requests to interested parties to post reviews via email, SMS and/or Whatsapp messages through a link automatically generated by the Platform (the "Link"). Interested parties who click on the "Positive Experience" button can decide on which third-party website (Facebook, Google, TripAdvisor, etc.) they wish to publish their review. If, on the other hand, interested parties click on the "Negative experience" button, they will be asked to fill in a form, the answers to which will be imported into the "Negative reviews" section. 

▪ Edit template: Thanks to this function, the customer account can edit the text to be included in the email, SMS and/or Whatsapp message sent via the "Send requests" function. In addition, the customer account can customize the templates for posts to be shared on social channels via the "Post for Social" function.

▪ Site Widget: Through this section, the customer account can use the link to publish the latest best public reviews on the website of the corresponding activity via the carousel, feed, pop-up, badge and video modes.

▪ Sharing on Social: is the functionality of the platform that enables a link to the social profiles of the customer account to share public reviews on social platforms (Facebook and Instagram) via the editing template.

▪ Analytics: Functionality for monitoring the growth and distribution of reviews.

 

RESPONSIBILITY OF THE CUSTOMER FOR COMPLIANCE WITH GUIDELINES

Your Feedback Solutions merely provides a platform for managing customer reviews. The customer is responsible for complying with any guidelines of the individual review platforms (e.g. Google, TripAdvisor, etc.). This applies in particular if the customer explicitly asks for reviews on certain platforms or uses methods to filter reviews.

The Your Feedback Solutions platform offers customization options to enable compliance with various guidelines. It is the customer's responsibility to make these adjustments according to the requirements of their location and the rating platforms they use.

Your Feedback Solutions cannot be held responsible for any damages incurred by the customer due to non-compliance with the guidelines of the respective review platforms when using the Your Feedback Solutions platform. The customer indemnifies Your Feedback Solutions from all claims that could result from non-compliance with such guidelines.

 

ACCESS TO THE SERVICE

The customer who wishes to access the service has two different options to choose from, namely:

  1. book the demo and then start the Free Plan;
  2. start the free plan directly.

Demo

The potential customer can book a 30-minute video conference with a member of the company's team to receive a free demonstration of the service and its features. The booking is made via the third-party website www.calendly.com, to which the potential customer is redirected. It should be noted that the Company cannot be held liable for any malfunction of this website. The data required from the potential customer to book the demo are:

  • First and last name;
  • E-mail address;
  • Website of the company.

The company reserves the right to send a message to remind the customer of the date and time of the scheduled demo.

Trial period

By entering the data requested by the company and clicking on the "14-day free trial" button, the potential customer is given the opportunity (after receiving the welcome email) to test the services offered by YOUR FEEDBACK SOLUTIONS free of charge for 7 (seven) days. At the end of this period, the customer must initiate the registration procedure if he wishes to continue using the services.

It should be noted that during this period the company reserves the right to send e-mail messages using the functions described above.

The data required by the customer for the start of the trial period are:

  • E-mail and new password (the "login data");
  • First and last name;
  • Company name;
  • Company logo (optional);
  • Telephone number (optional).

After completing the data entry at the beginning of the test period, the customer can carry out the integrations.

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REGISTRATION, VERIFICATION, CANCELLATION

Registration and verification

The registration process only begins after the trial period has expired and ends after entering the payment method via "Add card" and completing the registration form (the "Form"). Upon completion of the registration process, the customer will receive an email confirmation of successful registration (the "Confirmation Notification") and the subscription will be activated. The Customer can access his/her profile by entering the login details he/she has chosen and can use the Services for the entire duration of the Subscription.

The following data must be entered in the form:

 - if the customer is a natural person:

  • First and last name;
  • Tax number;
  • Billing address;
  • Payment details;
  • Cell phone number (optional).

  

- If the customer is a legal entity:

  • registered office;
  • Company name;
  • Sales tax number;
  • Master data of the legal representative and tax number;
  • Invoice data;
  • Payment data;
  • Cell phone number (optional).

 

The customer is obliged to inform the company immediately of any change to the data entered in the form. It should be noted that this data will be stored in the customer's personal profile and processed in accordance with the privacy policy of YOUR FEEDBACK SOLUTIONS , which can be found in the "Privacy Policy" section of the website, available in full at the following link https://yourfeedback.solutions.

Should the customer complain about irregularities in the handling of his personal data transmitted during registration or simply request their deletion, he can contact the company at the e-mail address mail [at] yourfeedback.solutions with the subject "REQUEST FOR DELETION OF PERSONAL DATA".

 

Cancellation

The customer has the option of canceling the subscription at any time by clicking on the corresponding button labeled "Cancel subscription". In this case, the Company reserves the right to ask the Customer certain questions about the reasons for canceling the subscription. It is understood that failure to answer these questions will not prevent the customer from canceling the subscription. After the request for termination, the Company will send a confirmation e-mail.

 

RULES OF CONDUCT AND OBLIGATIONS OF THE PARTIES

Upon receipt of the welcome email, the customer is obliged to the company to:

  • to use the platform in accordance with the conditions defined in this document and to take all necessary security measures to avoid the disclosure of data to unauthorized third parties;
  • not to reproduce, extract, reconstruct or reuse any element of the platform in any form or medium;
  • to use the Software and the Services in accordance with the applicable legislation, in particular with regard to Legislative Decree No. 206 of 2005, the so-called "Consumer Code", in particular with regard to the prohibition of misleading, unfair or aggressive commercial practices, and the data protection rules laid down in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data, as well as the legislation on intellectual property, image rights and electronic commerce.

Both the company and the customer undertake, in each case within the scope of their responsibilities, to:

  • take all security measures required by law to ensure the protection and security, both physical and logical, of its documents, data and/or information and, more generally, its computer system;
  • to act in compliance with the legal provisions on the protection of safety in the workplace (Legislative Decree 81/08 and subsequent amendments and additions), on the protection of personal data (Legislative Decree 196/03 and subsequent amendments and additions and EU Regulation 2016/679 - hereinafter "GDPR"), on the civil and criminal protection of programs, data, computer systems, electronic communications and databases and to monitor the work of its agents;
  • make all disclosures to the competent tax and administrative authorities that may be required in view of the digital storage of the specified documents related or connected to the services and this document.

The Service and all rights thereto are and shall remain the property of the Company, which does not intend to transfer any rights to the Services to the Customer by entering into these Terms and Conditions.

The customer undertakes to fulfill the obligations arising from the use of the services in good faith and with the diligence of a good family man.

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FEE

In consideration for the preparation, administration and provision of the Services, the Client agrees to pay the Company a monthly fee for each activity related to the Client Account (the "Fee").

The Company may use vouchers, discount coupons and/or functional promotions to verify and/or differentiate the amount of the fee.

It is specified that the invoicing of the fee by the Company will take place within 12 (twelve) days of the activation of the subscription, which will also verify the accuracy of the data entered by the Customer (the "Verification"), and if an error is found, it will be communicated to the Customer for appropriate correction.

 

Terms of payment, default and termination

The customer is obliged to pay the fee on a monthly or annual basis using the payment method specified during registration.

The customer has the option of withdrawing from the service and canceling the subscription by activating the cancellation process as explained above.

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TERM OF THE CONTRACT

The contract has a monthly term and is automatically extended by the agreed term (1 month) unless the customer decides to go through the termination process described above. The customer's right to terminate the contract for good cause remains unaffected by this.

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SERVICE MANAGEMENT

The Company provides its services with the organization of resources and management at its own risk, in a professional manner, in accordance with the quality standards and technical characteristics suggested by normal business practice in relation to activities such as the object of the service itself. The Company undertakes to carry out all necessary, expedient, useful or functional activities for the preparation, organization and management of the Services for the benefit of the Client in accordance with the principles of fairness and good contractual faith.

 

vicarious agents

The Company and the Client may use their own trusted partners, employees or collaborators to carry out all activities that are necessary, appropriate, useful or expedient for the preparation, management and provision of the Services. In this respect, the parties are each responsible for the work of their own auxiliaries. All economic and legal relationships exist directly and exclusively between each party and its auxiliaries.

 

WARRANTIES

The warranty rights of customers are governed by the applicable provisions, including those relating to the temporary and revocable licensing of the software and the provision of services in connection with its operation.

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SOFTWARE SECURITY AND WARRANTY

To ensure the proper functioning of the service and in particular the security of the data loaded and stored on the software, YOUR FEEDBACK SOLUTIONS uses anti-intrusion software and protocols.

If the customer encounters problems in connection with the operation of the software, he can request support via the chat or he must send a corresponding message by e-mail to mail [at] yourfeedback.solutions, giving details describing the problem.

YOUR FEEDBACK SOLUTIONS reserves the right to solve the problem presented by the customer directly or via third parties appointed for this purpose.

YOUR FEEDBACK SOLUTIONS guarantees the customer the necessary support for the software for the duration of the contractual relationship.

It is agreed that ZEITSCHRIFTEN is not liable for damages incurred directly or indirectly by the customer if these damages are due to intent or gross negligence on the part of the customer.

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WARRANTY LIMITATIONS

It is understood that, except in cases of willful misconduct on the part of YOUR FEEDBACK SOLUTIONS , the warranty does not expressly cover compensation for damage and/or malfunctions that are directly or indirectly attributable to the following:

  • accidental events or force majeure (such as flooding, collapse of buildings, natural or biological events, etc.);
  • Misuse of the Software (such as, but not limited to: manipulation of the same or use for purposes other than the use of the services);
  • willful misconduct, negligence, inexperience, recklessness on the part of the customer;
  • temporary interruption of the operation of the software due to maintenance work, periodic or necessary maintenance.

The customer releases YOUR FEEDBACK SOLUTIONS for itself and its legal successors from any liability for "consequential damages" or "lost profits", such as loss or lost income, resulting from the unavailability or downtime for the time required to repair, maintain and/or update the software.

 

UNAUTHORIZED USE

The customer is not permitted to do so:

  • reverse engineer, disassemble and/or modify the Software, create derivative works based on the code of the Software or any part thereof;
  • circumvent computer systems used by YOUR FEEDBACK SOLUTIONS and/or its licensors to protect the content of the software and customer documents;
  • copy, save, modify, alter or change the content of the software in any way;
  • the use of robots, spiders, website search/retrieval applications or other automated devices, processes or means to access or retrieve technical specifications of the Software;
  • resell, rent, license or sublicense the Services without the Company's prior consent;
  • distribute or publish illegal, obscene, unlawful, defamatory or inappropriate content and/or otherwise place it alongside the YOUR FEEDBACK SOLUTIONS brand;
  • to publish and advertise other services with the same or similar specifications as those offered by YOUR FEEDBACK SOLUTIONS
  • disclose any false or defamatory information about YOUR FEEDBACK SOLUTIONS and its services to third parties;
  • to use the services offered by YOUR FEEDBACK SOLUTIONS in any other unauthorized manner that violates these Terms of Use and the content of the additional documents on the website;
  • respond to public and/or private reviews with content that is inappropriate, defamatory, illegal, obscene, unlawful and/or offensive
  • use language that is defamatory or misleading and/or may lead to violence when processing the request for approval of the review in the relevant section
  • violate applicable laws in the above-mentioned matters.

Should the customer's conduct violate the above requirements in form and content or cause economic, reputational or legal risks for YOUR FEEDBACK SOLUTIONS in complying with these requirements, YOUR FEEDBACK SOLUTIONS reserves the right to immediately discontinue the provision of services to the customer. In such a case, YOUR FEEDBACK SOLUTIONS will inform the customer by e-mail about the reasons and modalities of the discontinuation of the services.

Additional responsibility of the customer:

The customer is obliged to comply with the legal provisions for sending emails, SMS and WhatsApp messages. The customer is liable for all damages incurred by "Your Feedback Solutions" if he does not comply with these legal provisions and "Your Feedback Solutions" suffers damage as a result (e.g. when sending SPAM via the domain yourfeedback.solutions and/or with the sender "Your Feedback Solutions").

 

INTELLECTUAL PROPERTY AND COPYRIGHT

The Customer acknowledges that the Company is the sole owner of the intellectual property rights relating to the Software (including trademark rights, copyrights on the Company's texts and graphic interfaces and, more generally, on all materials and processes used in the performance of the Company's business) and that these rights are protected by the laws applicable in this context (including industrial property, copyright and competition laws).

It is therefore understood that any use not in accordance with this Agreement or any use after the expiration, termination or other termination of the contractual relationship constitutes a violation of the Company's rights.

All trademarks, whether in figurative or word form, and all other marks, trade names, service marks, word marks, trade names, illustrations, images, logos that may be registered in the name of YOUR FEEDBACK SOLUTIONS and that relate to the Services or the Software are and shall remain the exclusive property of the Company or its licensors in accordance with applicable national and international intellectual property laws.

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LIMITATIONS OF LIABILITY AND PREDOMINANT IMPOSSIBILITY

YOUR FEEDBACK SOLUTIONS shall be liable within the framework of the applicable provisions for damages of a contractual and non-contractual nature incurred by the customer or third parties only if these are a direct and immediate consequence of intent or gross negligence. The customer expressly indemnifies YOUR FEEDBACK SOLUTIONS against any liability, to the extent permitted by law, in respect of its own damages or claims of third parties, of whatever nature, including direct or indirect damages to persons or property, damages resulting from loss of profit, damage to reputation, loss of data, replacement costs, resulting from the customer's failure to comply with or breach of these GTC.

If the company is unable to guarantee the use of the services due to a predominant impossibility, it will inform the customer immediately in writing, stating whether it is a complete or partial impossibility.

In the first case, the contractual relationship is considered terminated by operation of law in accordance with Section 275 of the German Civil Code (BGB), although service is guaranteed for the contracts agreed and regularly paid for up to this point.

In the second case, the Company shall, at the Customer's request, continue to provide the part of the service that is still feasible, whereby the User shall be entitled to a corresponding reduction in the fee in proportion to the duration of the impediment and the remaining usability of the services during the period of partial fulfillment.

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CHANGES TO THESE TERMS AND CONDITIONS

YOUR FEEDBACK SOLUTIONS reserves the right to amend the provisions of this document and the annexes at any time and for any reason it deems appropriate.

All changes shall be notified to the Customer by e-mail and/or by publication on the Website. The changes shall enter into force on the first day of the first month following the month in which the Company has notified the Customer of them in writing, unless statutory provisions or administrative measures prescribe or result in an earlier or later entry into force.

In the event of non-conformity, the Customer may terminate this document and the Service free of charge by sending an e-mail notification to the Company no later than fifteen calendar days after receipt of the notification of the change in conditions.

In this case, the withdrawal shall take effect at midnight of the day preceding the day on which the amendments would otherwise have entered into force.

In the event of withdrawal, the company shall only charge the customer for the services that were offered to the customer up to the date of withdrawal.

If the customer decides to continue using or having used the service after the amendment of one or more parts of the aforementioned documents by YOUR FEEDBACK SOLUTIONS , he automatically accepts the new conditions.

 

CONFIDENTIALITY AND DATA PROTECTION

Each party undertakes to maintain absolute confidentiality and secrecy and to ensure that its vicarious agents maintain absolute confidentiality and secrecy with regard to all aspects, news and information relating to the other party's business of which it becomes aware during the term of the contractual relationship, including but not limited to news or information relating to the organization, know-how, customer base, services, products and the contractual terms applied.

 

EXPRESS TERMINATION OF THE CONTRACTUAL RELATIONSHIP

YOUR FEEDBACK SOLUTIONS has the right to terminate the contractual relationship in accordance with Section 314 BGB if the following events occur which qualify as a serious breach:

(a) Using false identification, false documents or otherwise not traceable to the customer, including providing promotional codes/conventions without being authorized to do so;

(b) non-payment or late payment of amounts due within the time frame set forth herein;

  1. c) if the customer does not remedy a serious breach of these terms and conditions despite a written warning or does not immediately remedy the consequences already incurred in connection with such breaches;
  2. d) in the event of misuse by the client of the benefits resulting from the allocation of certain conventions or agreements between IHR FEEDBACK SOLUTIONS and third parties.

Termination shall be effected by written notification to the contact details provided by the customer during registration or subsequently updated. In any case, the right of YOUR FEEDBACK SOLUTIONS to claim further damages remains unaffected.

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TRANSFER OF THE CONTRACT

ZEITUNGSVERKEHR reserves the right to transfer, assign, novate or subcontract any or all of its rights or obligations under these terms and conditions, provided that the customer's rights are not affected.

The customer is not entitled to assign or transfer his rights or obligations under these General Terms and Conditions without the written consent of YOUR FEEDBACK SOLUTIONS .

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COMMUNICATIONS

All communications regarding the Services should be sent using the following contact information:

E-mail: mail [at] yourfeedback.solutions

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IMPORTANCE

Should any provision of these General Terms and Conditions be declared void, voidable or generally ineffective, this shall not affect the invalidity, voidability or ineffectiveness of the remaining provisions of these General Terms and Conditions, which shall continue to be fully valid and effective.

The invalidated provision of these conditions shall be amended in good faith so that it meets the requirements of renewed validity or the balanced criteria for legality and shall be deemed valid from the beginning after its amendment.

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APPLICABLE LAW AND JURISDICTION

All disputes regarding the fulfillment, compliance, interpretation and validity of these Terms and Conditions and the Appendices shall be governed by European law. YOUR FEEDBACK SOLUTIONS and the Customer undertake to make a prior attempt at mediation by means of a notice to be sent to the other address, setting out the details of the matter in dispute. If the attempt at mediation is unsuccessful within 60 days of the aforementioned request, the aforementioned parties undertake to submit the dispute to the jurisdiction of the German courts with exclusive jurisdiction in Düsseldorf within the framework of the applicable legislation.

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PERSONAL DATA.

Both the Company and the Customer, in their capacity as independent data controllers, undertake to process the personal data of which they become aware in the context of this contractual relationship in full compliance with the purposes of the service and, in any case, in the manner and under the conditions required by law (primarily by Article 13 of the GDPR). The Company, as data controller of the Customer's data, undertakes to process the personal data acquired in the context of the provision of the Services in the manner and for the purposes set out in the Privacy Policy, which can be consulted in full on our website https://yourfeedback.solutions.

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GENERAL CLAUSE

Use of the service requires full acceptance of these General Terms and Conditions.

By accepting these terms and conditions, the customer declares that he has read and understood the content of the terms and conditions. He also declares that he will comply with the prescribed restrictions on use.

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SUPPORT - CUSTOMER SERVICE

If the customer encounters problems when using the service or wishes to make use of one of the associated guarantees, they can report these via the support chat or alternatively send a corresponding message with the details of the problem to the following addresses:

E-mail: mail [at] yourfeedback.solutions

Thank you for your attention!