§ 1. General Information and Scope
1.1 Reviewsender.com operates an analysis software (hereinafter: "Software") for Amazon sellers. By using the software vendors receive information about newly submitted reviews about their products on the various marketplaces of Amazon. These terms and conditions (hereinafter briefly: Conditions) govern the obligations of the user of Reviewsender.com (hereinafter: "User" or "customer").
1.2 The terms and conditions apply to all our offers and agreements in connection with the Software or other transactions with our customers. These Terms and Conditions also apply to all future transactions between the parties, unless expressly agreed otherwise. The following only applies to transactions with companies within the meaning of § 310 para. 1 BGB.
1.3 These terms and conditions apply exclusively. Conditions of the customer do not bind us even if we have not expressly stated reservation on these terms and conditions. Verbal side agreements are to be documented by a durable medium (eg e-mail).
3.1. Reviewsender.com offers merchants who sell products on Amazon, the use of software for the analysis and evaluation of new on Amazon for products delivered from merchant reviews. Access to analyzes and evaluations is carried out via a web interface, which can be reached via app.new.reviewsender.com. Each user creates user- specific credentials, with which he can gain access to this web interface on its own account.
3.2. Reviewsender.com grants the customer after conclusion of the contract period the use and access to Reviewsender.com software.
3.3 Reviewsender.com automatically sends e-mail notifications in the case of new reviews. The user can set in the web interface, to which products they wish to receive e- mail notifications and how often they want to receive these notifications. The maximum number of products analyzed and search terms is determined by the chosen plan.
3.4 Reviewsender.com seeks to update all relevant data points at least once a day. Due to the technical approach neither completeness, accuracy not timeliness can be assured of data. Deleting reviews may lead to discrepancies between the reports and the actual reviews on Amazon.
3.5 Reviewsender.com is committed to keep all data and information of the client secret and not make use for their own purposes, nor divulge to third parties. All data will remain in the possession of the customer. Details on data protection please refer to the privacy statement.
4.1 The customer provides Reviewsender.com the necessary information available in order to set up the account and to comply with the obligations under the chosen plan. 4.2 For an adequate response to a new review the user himself is responsible. Reviewsender.com indicates to the seller that a new review has been submitted.
4.3 The Customer shall ensure that the use of Reviewsender.com does not violate existing agreements with Amazon. Moreover, it omits the customer to take advantage of using Reviewsender.com generated knowledge for fraudulent influences on the rankings on Amazon.
4.4 The customer is responsible for the use of the software himself.
6.1 Prices and billing method are listed in the web page under "Pricing".
6.2 Unless otherwise agreed, the fee will be payable according to the contract period and term selected in advance to the beginning of the month.
6.3. Upon conclusion of the contract, the customer authorizes Reviewsender.com revocable recover from the credit card.
6.4. Reviewsender.com invoices are due immediately upon receipt. The customer is obliged to pay the bills latest 7 days after the due date.
6.5 In case of default Reviewsender.com is entitled to charge interest at the rate of six percent above the applicable base rate of the ECB.
6.6 Reviewsender.com reserves the right to refuse access to the software, if the customer is in default of payment of due fees.
6.7 The invoice is created at the beginning of the accounting period and delivered to the user in digital form and placed in the user account available for download.
7.1 Reviewsender.com is entitled to send newsletters to the customer within the framework of the provision of § 7 para. 3 of the UWG, on the e-mail address provided by the customer as part of the contractual relationship. The customer can object by simple e-mail, call, fax or postal communication which at any time.
7.2 A right of withdrawal is not possible.
8.1 Claims for damages by the user, regardless of the legal base, as well as claims for reimbursement of expenses are excluded, unless the damage was caused by a grossly negligent or intentional breach of duty or at least on a negligent breach of material contractual obligations (cardinal obligations); in this case the liability is limited to typically foreseeable damages.
8.2 The above limitation of liability does not apply to damages resulting from injury to life, limb or health, in case of liability under the product liability law or if Reviewsender.com has assumed a guarantee.
8.3 Damage claims by the customer, based on a simple negligent breach of duty by Reviewsender.com, may be invoked after the expiry of one year after the damage has occurred not more.
8.4 Reviewsender.com does not warrant that the software is always available, accessible and free of errors. Due to technical circumstances on the Reviewsender.com has no influence, there may be access and transmission delays or failures.
8.5 If Reviewsender.com provides technical information or acts as a consultant and this information or advice is not part of the owed contractually agreed scope of services, this is done free of charge and without any liability.
8.6 Reviewsender.com cannot be blamed for the decline or stagnation of the position of the products in relevant keywords on Amazon, the loss of possession of the Shopping Cart box, negative Merchant or product review or other developments and the associated impact on visitor numbers.
8.7 Reviewsender.com accepts no guarantee that the website is consistently available.
9.1 The mutual legal relationship shall be governed exclusively by German law. If the customer has its registered office outside Germany, this applies including the United Nations Convention on Contracts for the International Sale of Goods (CISG).
9.2 Place of performance and jurisdiction is, unless otherwise agreed, the place of business of Reviewsender.com. Reviewsender.com is however entitled to sue the customer at its registered office.
9.3 Amendments to these General Terms and Conditions and the prices will be communicated to the customer in writing (§ 126b BGB). The amendments are considered approved if the customer does not contradict them in writing. Reviewsender.com will point out this consequence in the notice particularly. The objection must be received within two weeks after receipt of the notification. 9.4 Contractual declarations and denunciations are only valid if they are received in written form.
9.5 If any provision of these Terms is invalid, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by one which comes as the meaning and purpose of the ineffective provision in a legally effective manner. The same applies to possible regulation gaps.