GENERAL TERMS AND CONDITIONS FOR YOUR FEEDBACK SOLUTIONS

 

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


  • are aware that the full completion of the free trial form ("Form") and its electronic signature (via the appropriate button) constitutes 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 YOUR FEEDBACK SOLUTIONS by email ("Welcome Email");
  • to have read and unconditionally accept all the terms and conditions 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;
  • Pursuant to Sections 305c and 307 of the German Civil Code (BGB), I have read and expressly accepted the following provisions of the General Terms and Conditions: "OPERATION OF THE SERVICE"; "GUARANTEES"; "UNAUTHORIZED USE"; "INTELLECTUAL PROPERTY AND COPYRIGHT"; "LIMITATIONS OF LIABILITY AND PREVIOUS IMPOSSIBILITY"; "CHANGES TO THESE TERMS"; "CONFIDENTIALITY AND DATA PROTECTION"; "EXPRESS TERMINATION OF THE CONTRACT"; "ASSIGNMENT OF THE CONTRACT"; "INVALIDITY"; "APPLICABLE LAW AND JURISDICTION"; "PERSONAL DATA"; "GENERAL CLAUSE".


THE DEFINITION

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


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


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


User or User Account: means the licenses to use the Service with limited functionality, activated through the Customer Account.


Annex(es): are the legally binding documents available 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 associated with the Customer Account.


Carousel: This is the horizontal interface mode for using the widget function. This feature allows customers to display the 15 best and most recent 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 assistance.


Customer(s): means the natural and/or legal person who, in the course of his/her business activity, uses the service offered by the Company.


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


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


Features: are the features of the platform that the customer can access when browsing the website.


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


Interested parties: are the Client's customers and/or users who are invited to evaluate the activity. They must be informed in advance by the Client about the purpose of processing 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 begins with the receipt of the welcome email.


Public Review(s): are the reviews published on third-party websites and integrated into the Platform.


Private reviews: are the reviews that the customer receives on the platform and which he wishes to keep confidential.

 

Registration: is the phase of registering for the subscription, as described in the "Features of the Service" section of this document.


Sectors: are the areas of activities.


Service: is the innovative system developed by YOUR FEEDBACK SOLUTIONS that allows 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: is the platform conceived, designed, built and

is designed, developed, built and marketed by YOUR FEEDBACK SOLUTIONS, accessible under the domain app.yourfeedback.solutions.

General Terms and Conditions: means this document that regulates the general terms and conditions between YOUR FEEDBACK SOLUTIONS, its customers and the user accounts associated with it.


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

OBJECT

These General Terms and Conditions and the appendices on the website govern the contractual relationship between YOUR FEEDBACK SOLUTIONS, the owner and holder 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 annexes before submitting the form and starting to use the Service.


The Customer may sign these General Terms and Conditions and the Annexes in full acceptance without having to sign a paper form, after entering the required data in the form and finally selecting the appropriate button.


Selecting this button constitutes acceptance of all the General Terms and Conditions and the appendices, as well as the provisions contained therein. Acceptance of this document is deemed to extend to the registration phase.


By completing the form, the customer also accepts the sending of information by email and/or SMS from YOUR FEEDBACK SOLUTIONS to facilitate the use of the service.

 

DESCRIPTION OF HOW THE SERVICE WORKS

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


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


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

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 sectors) and integrations.


▪ Send Links: This feature allows the Customer to send requests to interested parties to publish reviews via email, SMS, and/or WhatsApp messages using a link automatically generated by the Platform (the "Link"). Interested parties who click the "Positive Experience" button can choose which third-party website (Facebook, Google, TripAdvisor, etc.) they want to publish their review on. Conversely, if interested parties click the "Negative Experience" button, they will be asked to fill out a form, whose responses will be imported into the "Negative Reviews" section. 


▪ Edit template: This feature allows the customer account to edit the text to be included in the email, SMS, and/or WhatsApp message sent using the "Send Requests" feature. Furthermore, the customer account can customize the templates for posts to be shared on social media using the "Post for Social" feature.


▪ 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 through the modes of carousel, feed, pop-up, badge and video.


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


▪ Analytics: Functionality to monitor the growth and distribution of reviews.

 


CUSTOMER RESPONSIBILITY FOR COMPLIANCE WITH GUIDELINES


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


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


Your Feedback Solutions cannot be held liable 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 against all claims that may arise from non-compliance with such guidelines.

 

ACCESS TO THE SERVICE


The customer who wishes to access the service has two different options that he can use, namely:


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


Demo


The prospective customer can book a 30-minute video conference with a member of the company's team for a free demonstration of the service and its features. Bookings are made through the third-party website www.calendly.com, to which the prospective customer will be redirected. Please note that the company is not liable for any malfunction of this website. The data required from the prospective customer to book the demo are:


First and Last Name;


E-Mail Address;


Company website.


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

probationary period


By entering the data requested by the company and clicking 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. After this period, the customer must initiate the registration process if they wish to continue using the services.

Please note that during this period, the Company reserves the right to send email communications using the features described above.


The data required from the customer to start the trial period are:


  • Email and new password (the "Login Details");
  • First and Last Name;
  • Company name;
  • Company logo (optional);
  • Telephone number (optional).


After completing the data entry at the beginning of the trial period, the customer can perform the integrations.

REGISTRATION, VERIFICATION, CANCELLATION

Registration and verification


The registration process begins only 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 their profile by entering their chosen login credentials and can use the Services for the entire duration of the Subscription.


The following data must be entered into the form:

 - if the customer is a natural person:


  • First and Last Name;
  • tax number;
  • Billing address;
  • Payment details;
  • Mobile phone number (optional).


  

- If the customer is a legal entity:


  • registered office;
  • Company name;
  • VAT number;
  • Master data of the legal representative and tax number;
  • Billing data;
  • Payment data;
  • Mobile phone number (optional).


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


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

 

cancellation


The customer has the option to cancel 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 regarding the reasons for canceling the subscription. Failure to answer these questions will not prevent the customer from canceling the subscription. Following the cancellation request, the Company will send a confirmation email.

 

RULES OF CONDUCT AND OBLIGATIONS OF THE PARTIES

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


  • 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 Services in compliance with applicable legislation, in particular with regard to Legislative Decree no. 206 of 2005, the so-called "Consumer Code", especially with regard to the prohibition of misleading, unfair or aggressive commercial practices, and the data protection rules established by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data, as well as legislation on intellectual property, image rights and electronic commerce.


Both the Company and the Customer undertake, within their respective responsibilities, to:


  • to take all legally required security measures necessary 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 at work (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 supervise the work of its agents;
  • to make any disclosures to the competent tax and administrative authorities that may be necessary in view of the digital storage of the specified documents related to or connected with the Services and this document.


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


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.

FEE

In consideration for the preparation, administration and provision of the Services, the Customer agrees to pay the Company a monthly fee for each activity related to the Customer 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 stipulated that the Company will invoice the Fee 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.

 

Payment terms, default and termination

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

The Customer has the option to withdraw from the Service and cancel the Subscription by activating the cancellation process as explained above.

TERM OF THE CONTRACT

The contract has a monthly term and automatically renews for the agreed term (1 month) unless the customer chooses to complete the cancellation process described above. The customer's right to terminate the contract for good cause remains unaffected.

SERVICE MANAGEMENT

The Company provides its services, organizing the resources and managing them at its own risk, in a professional manner, and in accordance with the quality standards and technical characteristics suggested by normal business practice in relation to activities such as the subject matter 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

For the performance of all activities necessary, expedient, useful, or appropriate for the preparation, administration, and provision of the Services, the Company and the Client may engage their own trusted partners, employees, or collaborators. In this regard, 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 their auxiliaries.

 

THE GUARANTEE

Customers' warranty rights are governed by applicable law, including those relating to the temporary and revocable licensing of the software and the provision of services related to its operation.

SOFTWARE SECURITY AND WARRANTY

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


If the customer encounters any problems related to the operation of the software, he can request support via chat or he must send a corresponding message by email to mail [at] yourfeedback.solutions, providing the details describing the problem.


YOUR FEEDBACK SOLUTIONS reserves the right to resolve the problem presented by the customer directly or through third parties designated for this purpose.


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


It is agreed that ZEITSCHRIFTEN shall not be liable for damages incurred by the customer, whether direct or indirect, if such damages are based on intent or gross negligence on the part of the customer.

WARRANTY LIMITATIONS

It is understood that, except in cases of intentional misconduct on the part of YOUR FEEDBACK SOLUTIONS , the warranty does not expressly cover the replacement of damages and/or malfunctions resulting directly or indirectly from:


  • fortuitous events or force majeure (such as floods, collapse of buildings, natural or biological events, etc.);
  • Misuse of the Software (such as, but not limited to, tampering with it or using it for purposes other than using the Services);
  • intentional 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:


  • reverse engineer, disassemble and/or modify the Software, create derivative works based on the code of the Software or any part thereof;
  • Circumvent any computer systems used by YOUR FEEDBACK SOLUTIONS and/or its licensors to protect the contents of the Software and Customer Documents;
  • copy, store, modify, alter or change in any way the contents of the Software;
  • use any robot, spider, website search/retrieval application, or other automated device, process, 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 any 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
  • provide 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 improper manner that violates these Terms of Use and the content of the additional documents on the Website;
  • to respond to public and/or private reviews with content that is inappropriate, defamatory, illegal, obscene, unlawful and/or offensive
  • to use language that is defamatory or misleading and/or may lead to violence when processing the request for review approval in the relevant section
  • violate applicable laws in the above-mentioned matters.


Should the customer's conduct, in form and content, violate the above requirements, or if compliance with these requirements creates economic, reputational, or legal risks for YOUR FEEDBACK SOLUTIONS, 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 email of the reasons and modalities for discontinuing the services.


Additional customer responsibility:

The customer is obligated to comply with the legal regulations regarding the sending of emails, SMS, and WhatsApp messages. The customer is liable for all damages incurred by "Your Feedback Solutions" if they fail to comply with these legal regulations and "Your Feedback Solutions" suffers damage as a result (e.g., if spam is sent via the domain yourfeedback.solutions and/or from "Your Feedback Solutions").

 

INTELLECTUAL PROPERTY AND COPYRIGHT

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


Any use not in accordance with this Agreement or any use after expiration, termination or other termination of the contractual relationship will be deemed to constitute a violation of the Company's rights.


All trademarks, whether pictorial or verbal, and all other signs, 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 remain the exclusive property of the Company or its licensors in accordance with applicable national and international intellectual property laws.

LIMITATIONS OF LIABILITY AND OVERWHELMING IMPOSSIBILITY

YOUR FEEDBACK SOLUTIONS is liable, within the framework of applicable provisions, for contractual and non-contractual damages incurred by the customer or third parties, only if these are the immediate and direct result of intent or gross negligence. The customer expressly indemnifies YOUR FEEDBACK SOLUTIONS, to the extent permitted by law, from any liability with regard to its own damages or claims by third parties, regardless of their nature, including direct or indirect damage to persons or property, damages for lost profits, damage to reputation, loss of data, and replacement costs resulting from the customer's non-compliance with or violation of these Terms and Conditions.


If the Company cannot guarantee the use of the Services due to a predominant impossibility, it will notify the Customers immediately in writing, stating whether the impossibility is total or partial.


In the first case, the contractual relationship is deemed to be terminated by law in accordance with Section 275 of the German Civil Code (BGB), although the service is guaranteed according to the contracts agreed upon and regularly paid up to that point.


In the second case, at the Customer's request, the Company will 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 disruption and the remaining usability of the services during the period of partial performance.

CHANGES TO THESE TERMS AND CONDITIONS

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


All changes will be communicated to the Customer by email and/or by posting on the Website. Changes will take effect on the first day of the first month following the month in which the Company notifies the Customer in writing, unless legal regulations or administrative measures require or result in an earlier or later entry into force.


In the event of a disagreement, the Customer may terminate this document and the Service free of charge by sending a notice by email to the Company no later than fifteen calendar days after receiving notification of the change in the Conditions.


In this case, the withdrawal will take effect at midnight on the day before the day on which the changes would otherwise have taken effect.


In case of withdrawal, the Company will only invoice the Customer for the services offered to the Customer up to the date of withdrawal.


If the Customer decides to continue using or has used the Service after YOUR FEEDBACK SOLUTIONS has changed one or more parts of the aforementioned documents, he or she automatically accepts the new terms and 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 and conditions applied.

 

EXPRESS TERMINATION OF THE CONTRACTUAL RELATIONSHIP

YOUR FEEDBACK SOLUTIONS has the right to terminate the contractual relationship in accordance with Section 314 of the German Civil Code (BGB) if the following events occur that qualify as a serious breach:


(a) Use of false credentials, 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 any amounts due within the timeframe specified herein;


  1. c) if the Customer, despite a written warning, fails to remedy a serious breach of these Terms and Conditions or fails to immediately remedy the consequences already incurred in connection with such breaches;
  2. d) in the event of improper use by the Customer of the benefits resulting from the allocation of certain conventions or agreements between YOUR 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, YOUR FEEDBACK SOLUTIONS' right to assert further damages remains unaffected.

TRANSFER OF THE CONTRACT

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


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

NOTICES

Any communication regarding the Services should be sent using the following contact information:


Email: mail [at] yourfeedback.solutions

NULLITY

Should any provision of these General Terms and Conditions be declared void, contestable or generally ineffective, this shall not affect the voidness, contestability or ineffectiveness of the remaining provisions of these General Terms and Conditions, which shall remain fully valid and effective.


The provision of these Terms and Conditions declared invalid shall be amended in good faith so as to meet the requirements of renewed validity or the balanced criteria of legality and shall be deemed to be valid from the outset after its amendment.

APPLICABLE LAW AND JURISDICTION

All disputes regarding the fulfillment, compliance, interpretation, and validity of these Terms and Conditions and the Appendices are governed by European law. YOUR FEEDBACK SOLUTIONS and the Customer undertake to attempt prior mediation by sending a notice to each other's address, setting forth the details of the dispute. Should the mediation attempt fail within 60 days of the aforementioned request, the aforementioned parties agree to submit the dispute to the jurisdiction of the German courts, with exclusive jurisdiction of the Düsseldorf Court of Justice, in accordance with applicable law.

PERSONAL DATA

Both the Company and the Customer, in their capacity as independent data controllers, undertake to process the personal data they acquire within the framework 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 Article 13 of the GDPR). The Company, as the 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 is available in full on our website https://yourfeedback.solutions.

GENERAL CLAUSE

Use of the Service implies full acceptance of these Terms and Conditions.

By accepting these Terms and Conditions, the Customer acknowledges that he or she has read and understood the content of the Terms and Conditions. He or she also agrees to comply with the prescribed usage restrictions.

SUPPORT - CUSTOMER SERVICE

If the Customer encounters any problems while using the Service or wishes to make use of any of the associated guarantees, he or she may report them via the support chat or, alternatively, send a relevant message with the details of the problem to the following addresses:

Email: mail [at] yourfeedback.solutions

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