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Terms and Conditions

TERMS AND CONDITIONS (2024-06-09)

Please read these terms and conditions carefully. All contracts that the provider enters into from time to time for the provision of the associated services are subject to these terms and conditions. The provider will ask the customer for express acceptance of these terms and conditions before providing such services.

Responsible for the website www.predictive-reviews.com is D. Ahlemeyer, Gartenstraße 4, 61267 Neu-Anspach, Germany. By accepting these terms and conditions, you declare that you: • acknowledge that filling out the online form constitutes a contractual acceptance of this document and its appendices; • acknowledge that the subscription to the service becomes effective only after receipt of the notification of successful activation by email; • have read and unreservedly accepted all provisions and clauses in this document; • have read, understood, and accepted the economic terms and conditions in this document.


Terms and Conditions

For the purposes of these terms and conditions and the appendices, the definitions set out in this article apply.


Subscription

The period during which the customer uses the platform services, typically through monthly payment.


Customer Account

The main account created by the customer through which they manage their subscription.


User or User Account

Licenses with limited functionality activated by the customer account.


Appendix/Appendices

Legally binding documents available on the website, including but not limited to the Privacy Policy and Cookie Policy.


Activity

One or more business activities managed by the customer, associated with the customer account.


Carousel

A horizontal mode for using the widget function. This function allows the customer to display the top 10 reviews (with text messages).

 

Customer(s)

The natural or legal person who uses the service offered by the company in the course of their business activity.


Functions

The features of the platform that the customer can access by browsing the website.


Integrations

A function in the platform that allows the customer to import public reviews from third-party sites like Facebook, Google, TripAdvisor, etc.


Affected Parties

The customers and/or users of the customer who are invited to review the activity. They must be informed by the customer in advance about the purpose of processing personal data and the use of the service.


Public Reviews

Reviews published on third-party sites and integrated into the platform.


Private Reviews

Reviews received by the customer within the platform and treated confidentially.


Terms and Conditions

This document that governs the general conditions and all associated user accounts.


Widget

A computer function that allows embedding the best and latest reviews on the website of an activity through a link provided by the platform.

 

SUBJECT

These terms and conditions and the appendices on the website govern the contractual relationships between www.predictive-reviews.com, the owner of the platform, and the customers. Acceptance of the terms and conditions and the appendices by the customer is a prerequisite for activating the subscription. The customer declares that they have carefully read these terms and conditions and the appendices before submitting the form and using the service.

 

 

The customer can accept these terms and conditions and the appendices without a physical signature on a paper form by entering the required data in the form and clicking the corresponding button. Clicking the mentioned button constitutes agreement to all provisions of the terms and conditions and the appendices, as well as the regulations contained therein. It is assumed that the acceptance of this document is valid.

By filling out the form, the customer also accepts receiving information from the website operator via email and/or SMS to facilitate the use of the service.


DESCRIPTION OF SERVICE OPERATION

The customer account can manage and aggregate public reviews through integrations. The best public reviews can be displayed on the relevant activity’s website via widgets. Additionally, the customer account can send emails, SMS, and/or WhatsApp messages to the affected parties by entering their data, requesting them to review the utilized activity through the "Send Link" function. The customer account can also automatically request reviews from the affected parties via the section named "Automate."


FUNCTIONS

  • Feedback Manager: This section allows the customer account to monitor and analyze the flow of received public reviews.
  • My Activity: Here, the customer can add, remove, update, and manage activities.
  • Send Links: This function enables the customer to send requests to affected parties for reviews via email, SMS, and/or WhatsApp messages through a link automatically generated by the platform (the "Link"). Affected parties who click the "Positive Experience" button can choose which third-party site (Facebook, Google, TripAdvisor, etc.) they wish to leave their review on. If affected parties click the "Negative Experience" button, they will be prompted to fill out a form, and the responses will be imported into the Negative Reviews section.
  • Edit Template: This function allows the customer account to edit the text in the emails, SMS, and/or WhatsApp messages sent through the Send Links function. Additionally, the customer account can customize the templates for posts shared on social channels via the "Social Media" function.
  • Site Widget: In 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, pop-up, badge, and video.
  • Share on Social Networks: This functionality of the platform enables connecting the link to the customer account’s social profiles to share public reviews on social platforms (Facebook and Instagram) via "Edit Template."
  • Analytics: This function allows monitoring the growth and distribution of reviews.


REGISTRATION

The registration process begins and ends after entering the payment method via "Add Card" and filling out the registration form (the "Form"). Upon completion of registration, the customer receives an email confirmation of successful registration (the "Confirmation Message"), and the subscription is activated. The customer can access their profile by entering the chosen login credentials and use the services throughout the subscription period.

 

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
    • Mobile number (optional)
  • If the customer is a legal entity:
    • Company headquarters
    • Company name
    • VAT identification number
    • Details of the legal representative and tax number
    • Billing details
    • Payment details
    • Mobile number (optional)

The customer is obliged to inform the company immediately of any changes to the data provided in the form. It is noted that these data are stored in the customer’s personal profile and processed in accordance with the privacy policy.


TERMINATION

The customer has the option to terminate the subscription at any time by clicking the corresponding "Cancel Subscription" button. The company reserves the right to ask the customer certain questions regarding the reasons for the termination. However, the failure to answer these questions does not impede the termination.


CODE OF CONDUCT AND OBLIGATIONS OF THE PARTIES

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

  • Use the platform according to the conditions set forth in this document and apply all necessary security measures to prevent the disclosure of data to unauthorized third parties.
  • Not reproduce, extract, reconstruct, or reuse any elements of the platform in any way, form, or medium.
  • Use the software and services in accordance with applicable laws, particularly regarding the prohibition of misleading, unfair, or aggressive business practices and the data protection regulations of Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data, as well as intellectual property laws, image rights, and e-commerce laws.

Both the company and the customer commit, within their respective responsibilities, to:

  • Take all legally required security measures suitable for ensuring the protection and security of their documents, data, and/or information, as well as their entire IT system.
  • Make all necessary notifications to the competent tax and administrative authorities that may be required regarding the digital storage of documents specified, related to, or associated with the services and this document.

The service and all associated rights remain the property of the company, which does not intend to transfer any rights to the customer through the conclusion of these terms and conditions. The customer commits to fulfilling the obligations resulting from the use of the services in good faith and with the diligence of a prudent businessperson.


FEES

The customer commits to paying the company a monthly fee for each activity associated with the customer account. The company may use vouchers, discount vouchers, and/or functional promotions and/or vary the fee amount. The customer is obligated to pay the fee through the payment method entered during registration. The customer can withdraw from the service and cancel the subscription at any time without needing to provide a reason.


CONTRACT DURATION

The contract typically has a monthly term and automatically renews for one month unless the customer cancels. If the customer has paid a discounted annual fee, they will have access to the platform until the next billing cycle despite the cancellation. The customer's right to terminate the contract for a significant reason remains unaffected. It is agreed that the operator of the website www.predictive-reviews.com cannot be held liable for damages incurred directly or indirectly by the customer. Any damages are limited to the respective monthly fee.


REFUND

We do not offer refunds. Paid contributions are non-refundable. The contract partner has unrestricted access within their order until the end of the contract term. Most customers use monthly subscriptions, which can also be canceled monthly.


LIMITATIONS OF WARRANTY

The warranty does not cover specific claims for damages and/or malfunctions due to or resulting from:

  • Accidents or force majeure (such as but not limited to: floods, structural collapse, natural or biological events, etc.).
  • Misuse of the software (such as but not limited to: tampering or using it for purposes other than the services).
  • Intent, negligence, inexperience, recklessness on the part of the customer.
  • Temporary interruption of software operation due to regular and necessary maintenance.

The customer releases the website operator from any liability for "consequential damages" or "lost profits," as well as loss or income reduction resulting from unavailability or downtime necessary for repair, maintenance, and/or upgrade of the software.

 

PROHIBITED USE

Customers may not:

  • Disassemble and/or modify the software or create derivative works based on the software code or any part thereof.
  • Copy, store, modify, alter, or change the contents of the software in any way.
  • Use robots, spiders, website search/retrieval applications, or other automated devices, processes, or means to retrieve technical specifications of the software.
  • Resell, rent, license, or sublicense the services without prior consent from the company.
  • Disseminate or publish illegal, obscene, illegitimate, defamatory, or inappropriate content.
  • Promote other services that have the same or similar specifications as those provided here.
  • Convey false or defamatory information about the software and its services to third parties.
  • Use the offered services in any other inappropriate manner that violates these terms and conditions and the content of additional documents on the website.
  • Respond to public and/or private reviews with inappropriate, defamatory, illegal, obscene, illegitimate, and/or offensive content.
  • Use language that is defamatory, misleading, and/or violence-promoting when processing the request to publish the review in the corresponding section.
  • Violate applicable laws on the above matters.

If the customer's actions in form and content violate the above requirements or, even if they are complied with, create economic, reputational, or legal risks for the website operator, the website operator reserves the right to immediately discontinue providing services to the customer.


INTELLECTUAL PROPERTY AND COPYRIGHT

The customer acknowledges that the company is the sole owner of the intellectual property rights to the software (including trademark rights, copyright to the company's texts and graphical interfaces, and generally all materials and processes used in the company's business operations) and that these rights are protected by applicable laws (including industrial property protection laws, copyright laws, and competition laws).

Any use not consistent with this agreement or any use after the expiration, termination, or other ending of the contractual relationship constitutes an infringement of the company's rights.

All trademarks, whether visual or normative, as well as all other signs, trade names, service marks, word marks, trade names, illustrations, images, and logos remain the exclusive property of the company or its licensors in accordance with applicable national and international intellectual property laws.

All reviews remain the property of the previous customer, even after termination. Regardless of which party terminates, all reviews received up to that point remain the property of the previous paying customer.


LIMITATIONS OF LIABILITY AND IMPOSSIBILITIES

The company is only liable within the applicable regulations for contractual and non-contractual damages caused to the customer or third parties, exclusively if these are an immediate and direct result of intent or gross negligence. The customer expressly releases the website operator from any liability, as far as permissible under applicable law, concerning any damages or claims, own and/or third-party, of any kind and nature, including direct or indirect incidental damages, personal or property damages, loss of profit, reputational damage, data loss, replacement costs arising from non-compliance or breach of these terms and conditions by the customer. Any liability is limited to the monthly fee.

 

CHANGES TO THESE TERMS

The company reserves the right to change the provisions of this document and the appendices at any time and for any reason. Changes will be communicated to the customer via email and/or by publication on the website. Changes will take effect on the first day of the first month following the month in which the company notified the customer in writing, unless legal regulations or official measures stipulate an earlier or later effective date.

In the event of disagreements, the customer may withdraw from this document and the service without fees by notifying the company via email. The customer who chooses to continue using the service or has used it automatically accepts the new terms and conditions.


CONFIDENTIALITY AND DATA PROTECTION

Each party commits to maintaining absolute confidentiality regarding all aspects, news, and information about the business of the other party that they become aware of during the contract period, including but not limited to all news or information about the organization, know-how, customers, services, products, and contractual terms.


EXPRESS TERMINATION OF THE CONTRACT

The company reserves the right to terminate the contractual relationship in the event of the following occurrences, which are considered serious breaches:

  • Use of false access data, false documents, or other information not attributable to the customer, including the use of action codes/agreements without authorization.
  • Non-payment or delayed payment of due amounts.
  • If the customer, despite written warning, does not stop a serious violation of these terms and conditions or does not immediately remedy the already incurred consequences of such violations.
  • In case of abusive use.

Termination will be effected by written notification to the contact details provided by the customer during registration or subsequently updated data. In any case, the right to claim damages in favor of the website operator remains unaffected.


COMMUNICATION

Any communication regarding the services should be sent using the following contact details:

  • Email: info@predictive-reviews.com
  • Address: Gartenstraße 4, 61267 Neu-Anspach, Germany

INVALTY

Should any provision of these terms and conditions be considered void, contestable, or generally ineffective, this shall not affect the nullity, contestability, or ineffectiveness of the remaining provisions, which will remain valid and effective to the fullest extent. The provision of these terms and conditions, which can be declared invalid, will be amended in good faith to meet the renewed validity requirements or balanced legal criteria and will be deemed valid from the outset after the amendment.


APPLICABLE LAW AND JURISDICTION

All disputes regarding the fulfillment, compliance, interpretation, and validity of these terms and conditions and the appendices are subject to European law. The website operator and the customer commit to a prior attempt at mediation by sending a notice to each other's addresses containing the details of the disputed matter. If within 60 days of the aforementioned request the mediation attempt remains unsuccessful, the above-mentioned parties commit to handling the dispute within the framework of applicable laws. To the extent permissible, the jurisdiction is the location of the website operator.


PERSONAL DATA

Both the company and the customer commit as independent data controllers to process the personal data that they become aware of 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 prescribed by law (primarily according to Article 13 of the GDPR). The company, as the owner of the processing of customer data, commits to processing the personal data acquired in the course of providing the services in the manner and for the purposes set out in the privacy policy.


SEVERABILITY CLAUSE

The use of the service constitutes full acceptance of these terms and conditions. By accepting these terms and conditions, the customer declares that they have read and understood them. They also declare that they will adhere to the prescribed usage restrictions.