Thank you for using Rev1ew.
Terms of contract and general conditions for Rev1ew.com
Please read these Terms and Conditions carefully of use. By using the Service (as defined below) or registering for an account, you agree to these Terms, which form a legal agreement between you and Rev1ew UG Germany.
1. Parts
On one side: Rev1ew UG Germany, Huiskampstraße 141, 47533 Kleve, (hereinafter, "REV1EW") develops, sells and manages software for business communication and generation of customer reviews. ace online.
From another party: You, (in hereinafter, «the client»)
2. Scope of application
2.1 These General Terms and Conditions They regulate the commercial relationship between REV1EW and REV1EW's clients, whether paid or not (for example, during testing phases). REV1EW provides services based exclusively on these General Terms and Conditions. Any use of REV1EW services by the client will be subject to cancellation. The effect is that these General Terms and Conditions will constitute the basis of said commercial relationship.
2.2 In addition to these Tea terms and General Conditions, the current price lists of REV1EW (see www.REV1EW.com) will apply, as well as as any other terms of the contract to the extent individually agreed in writing.
2.3 If the customer has their own teas Terms and Conditions, by using any REV1EW service, the customer accepts and confirms that only the REV1EW General Terms and Conditions will apply to the contractual relationship between REV1EW and the customer, excluding any the client's terms and conditions. Customer terms and conditions will only apply if expressly confirmed in writing by REV1EW.
2.4 Individual agreements must be made in writing (and must be signed by the parties). Informal statements and statements made by REV1EW (including those made by email) are not binding.
2.5 REV1EW has the right to unilaterally change these General Terms and Conditions at any time. The client will be You will be notified of such changes by email at least two months before they come into effect. The client will have You will have the right to object to such change(s) in writing within four weeks of receipt of the email. The change will be considered accepted and binding, if the customer has consented to the change or if the user has not objected to this change within the period of four weeks. REV1EW will notify These legal consequences and the option to object will be discussed separately in the notification email. In the event of an objection, REV1EW is entitled to terminate the contracts concluded with the client under the old General Terms and Conditions for good cause, subject to a notice period of one month. Yes R.EV1EW does not terminate one or more such contracts in the event of an objection, the old General Terms and Conditions will continue to apply to said contract or contracts.
3. REV1EW Services
3.1 REV1EW provides the customer with a system that consists of several modules for generating reviews and generating newsletter lists as a software service ("SaaS") in the current version corresponding to use via the Internet , an application as client software, as well as such as the possibility of storing data (hereinafter, «Software»).
3.2 Additional services, such as adaptation n of the software to individual customer requirements, require a separate agreement.
3.3 REV1EW reserves the right to continue developing and changing the Software and all specifications of the Software at any time (for example, through the use of newer or different technologies, systems, processes or standards). Customer benefits from such continued development of the Software and accordingly acknowledges in return that there may be occasions when temporary maintenance is performed in connection with updates and upgrades. REV1EW will notify We will inform the customer in due time if there is any significant change in service performance. If the customer experiences unacceptable inconveniences as a result of the changes in the service, the customer will be held liable. You have the right to extraordinarily terminate the contract within 14 days after receiving the notification of the changes in the service and such termination will take effect. in effect on the date on which the changes are introduced.
3.4 REV1EW is only responsible for the services provided by the REV1EW software itself. The customer cannot make any claim against REV1EW for any malfunction of the Software caused by the customer or the intervention of a third party.
3.5 The place of provision REV1EW's service is the output of the router to the Internet located in the data center in Germany used by REV1EW. Customer end devices and Internet connection are not part of the REV1EW service.
4. Customer duties
4.1 The client agrees to use the Software only in accordance with these General Terms and Conditions, as well as as with individual agreements. The client must ensure that all its users (employees or other third parties attributable to the client) also comply with the relevant terms. The client is responsible to REV1EW for all damages resulting from the violation of the obligations of the client or its users, in particular in the case of any illegal use of the Software.
4.2 The client will only use The software will not be used for its intended purpose and will not misuse of it, in particular you will not use it to store or distribute illegal content. Customer further agrees not to use any technical equipment, software systems or other data that may damage the Software or REV1EW systems.
4.3 The client is not supported. authorized to make changes to the Software or have third parties carry them out.
4.4 The client must maintain the infrastructure of YoT necessary to use the Software at your own risk.
4.5 Customer must take appropriate measurements ;techniques to protect your system and you should make regular backup copies of your data.
4.6 The customer must protect their data from login to the Software and not make them accessible to third parties.
4.7 REV1EW may block client access to the Software in case of breach of these General Terms and Conditions or of any individual agreement, especially if the customer does not pay. This does not affect the customer's obligation to continue paying the contractual fee for use. Additionally, the customer must reimburse REV1EW for any costs incurred in connection with blocking the customer's access.
4.8 The client agrees that REV1EW may mention it publicly as an example of a client. REV1EW will agree with the client the use of client logos, project data, etc. before publication.
5. Rights of use
5.1 All rights to the Software belong to REV1EW. The customer is only granted the non-exclusive, non-transferable and non-sublicensable right to use the software to the agreed extent during the contract period. In particular, the customer may only duplicate the Software to the extent necessary for the intended use of the Software (for example, loading it into the main memory of the various terminals). The client is not available. You are not authorized to reproduce, sell, rent or lend the Software or parts thereof in any other way, nor transfer it to or sublicense third parties. Customer may temporarily assign subcontractor access in accordance with the Software product description.
5.2 Unless otherwise agreed , no further rights to the Software are granted to the customer. In particular, the client will not acquire any rights in the Software; no copyright, trademark, patent or other intellectual property rights.
5.3 For third-party software products provided to the customer by REV1EW, the respective license terms of the manufacturer of these software products shall prevail over the provisions of this section 5. With respect to the license terms of the third-party software products used In the scope of the software, we expressly refer to point 13.
5.4 Points 5.1 and 5.2 apply mutatis mutandis to all documents provided by REV1EW to the customer, in particular the Software documentation.
6. Warranty, liability and breakdowns
6.1 REV1EW provides the Software to the customer of in accordance with the principles of “best reasonable efforts.” Therefore, REV1EW will do the same. will use economically reasonable efforts to ensure that use of the Software is as uninterrupted as possible and will correct any software errors that restrict the use of the software.
6.2 REV1EW assumes no warranty nor liability for the continued availability of the Software or that the Software will be Error free. The customer expressly acknowledges that it is not possible to completely exclude all errors in the Software. Connection errors or maintenance work required byREV1EW may also cause temporary malfunctions. To the extent that liability cannot be effectively excluded for individual cases, the improvement will have priority over price reduction or contract cancellation.
6.3 REV1EW will not be is responsible for any direct or indirect damage to the client or third parties caused by malfunction or damage to the client's end devices. Including compensation for consequential damages, such as a decrease in profits or profits (lost profits). Likewise, REV1EW is not responsible for any loss of savings or damages resulting from third-party claims.
6.4 REV1EW is only responsible for case of intent and gross negligence. Furthermore, REV1EW's liability for each event that causes damage, even if multiple parties are injured, is limited to a total of 10,000 euros. If the total damage is greater, the damage claims of the individual injured parties will be reduced proportionately.
6.5 REV1EW cannot exclude the possibility of data loss or other alterations, especially due to alterations in the client's Internet connections in the course of synchronization processes. REV1EW does not take any responsibility for this either.
6.6 REV1EW is not responsible for the damages and defects that are due to incorrect operation, changes in components, interfaces and parameters of the operating system, changes in the necessary configuration of the system, use of inappropriate organizational means or simple application errors. Likewise, REV1EW is not responsible for interruptions in public communication networks or inadequate system requirements for the customer.
6.7 The client will inform You will inform REV1EW immediately of any malfunction and, if possible, with an easy-to-understand description of the error so that it can be corrected as soon as possible. The client will help REV1EW will be contacted free of charge to resolve any fault. Any rectification of faults by REV1EW requires in any case that the client has fully complied with its payment obligations.
6.8 In the measure and extension in which the obligations related to the Software are affected due to force majeure, including war, terrorism, natural disasters, fire, strike, lockout, embargo, government intervention, epidemic or pandemic, power failure, failure transportation, telecommunications. network or data lines, or legislative changes made after the conclusion of the contract or other unavailability of the Software cannot be rectified in a timely or inadequate manner, this does not constitute a breach of contract and does not gives the client the right to claim against REV1EW.
7. Data Protection
7.1 As a user of the software, the customer is the person responsible for data protection, REV1EW is simply a processor.
7.2 As responsible, the client is in charge of compliance with the provisions of the General Data Protection Regulation – GDPR and the Austrian Data Protection Act – DSG. To the extent that the customer processes personal data when using the software (for example, enters, processes, stores or transmits personal data to REV1EW), he warrants that he has the right to do so in accordance with applicable data protection regulations.
8. Confidentiality
8.1 The client and REV1EW are mutually committed to treat as confidential all business and commercial secrets of the other party obtained in connection with this contract and not to make them accessible to third parties, unless they are generally known or were already known by the recipient in advance without obligation. n secret, or are communicated or provided to the recipient by a third party without obligation of secrecy, or have been demonstrably developed independently by the recipient, or must be disclosed due to a legally binding official or court decision . This obligation will apply every time. for an unlimited period of time after the termination of the contractual relationship.
8.2 The subcontractors hired by REV1EW for the Contract performance are not considered third parties if they are subject to an obligation of confidentiality corresponding to this point.
9. Duration and termination
9.1 The duration of the contract is specified in the individual agreement with the client; If there is no such stipulation, the contracts are stipulated for an indefinite period.
9.2 Both REV1EW and Customer may terminate unlimited contracts at the end of the respective accounting period (12 months, unless expressly agreed otherwise) upon one month's notice. Likewise, the deletion of the account by the client will be considered negative. as termination at the end of the respective accounting period, and the deletion must be be carried out at least one month before the end of the respective accounting period.
9.3. Terminate fixed-term contracts by giving one month's notice before the end of the respective contract period. If they are not terminated, they are automatically extended for one more year in each case. Deletion of an account by the customer will also be considered a termination of the contract at the end of the respective contract period, and the deletion must take place at least one month before the end of the contract period.
9.4 Termination must be effected by written by an administrator designated and authorized by the client.
9.5 An extraordinary termination by of REV1EW with immediate effect is possible, particularly, under the following conditions:
9.5.1 If the client provides information ;n incomplete or incorrect or does not provide the required evidence.
9.5.2 If the client is found in arrears for payment for 30 days; The granting of a grace period will not be required.
9.5.3 If there is reasonable suspicion what is happening misusing the Software.
9.6 The customer is responsible for making a backup of your data in due time before termination of the contract. 30 days after the expiration of the contract, the customer will no longer be able to access your data.
10. Information requirements
10.1 The customer must immediately inform REV1EW of any change in your address. If the client has not done so, it will be considered The REV1EW statements have been delivered if delivery was made at the last valid address provided by the client for communication.
10.2 The customer agrees that REV1EW will also n can send legally relevant notifications to the customer by email or other electronic means (this also applies to invoices, which may be electronically signed to comply with the provisions of the sales tax law ). Notices will be deemed received as soon as the customer can access or take note of them under normal circumstances.
11. Payment terms and other financial conditions
11.1 Quantities (unless indicate otherwise) include sales tax (VAT). A cash discount is not provided or granted.
11.2 User fees are generally charged in advance for the accounting period in question.
11.3 When placing an order through s of the REV1EW website, payment claims are due in accordance with the terms of the payment provider Stripe (http://www.stripe.com/), unless otherwise stated.
11.4 The client will run with all bank charges and other costs associated with the transfer.
11.5 In case of late payments , the customer will be charged late payment interest at 10% p/a of the outstanding amount, plus reasonable reminder fees. The client must be responsible for all necessary and appropriate expenses incurred through the intervention of attorneys and collection agencies.
11.6 Payments by the client are initially compensated with late payment costs or interest. They are then offset against the oldest debt.
11.7 Invoices are considered accepted if not No written objection has been submitted within 3 months of invoice issuance.
11.8 The client cannot offset its own claims with REV1EW claims. The customer's right of retention is also excluded.
12. Other provisions
12.1 In case one or more If provisions of these General Terms and Conditions are or become ineffective or inapplicable in whole or in part, the validity of the remaining provisions will not be affected. affected. The inapplicable or ineffective provision must be be replaced by a valid regulation as close as possible to the economic purpose of the inapplicable or ineffective clause.
12.2 The right to claim a reduction of more than half (laesio enormis).
12.3 Any transfer by the customer of rights or obligations based on the contract requires the prior written consent of REV1EW. However, REV1EW has the right to transfer the contract to a third party in whole or in part without the customer's consent.
12.4 Rev1ew has the right to use third parties in whole or in part to fulfill its obligations.
12.5 Exclusively German law applies, even if the software is used outside Germany or there is any other international connection. The reference standards provided for by German law and the United Nations Convention on Contracts for the International Sale of Goods do not apply. Merchandise.
12.6 Any dispute will be resolved. It is subject to the exclusive jurisdiction of the competent court of Germany. The place of execution is also Germany.