Preamble
Reactionlink SE Technologies GmbH (hereinafter referred to as "Reactionlink") provides customers with an internet-based online service "reaction.link" (hereinafter referred to as "Service") via its website, on the basis of which customers can create online sessions and conduct web-based online surveys, contribute reactions to live events or participate in hybrid events in other applications such as word clouds. The following terms and conditions govern the use of the service by the end customer (hereinafter referred to as "Customer").
§1 Scope of the Terms and Conditions
(1) The General Terms and Conditions apply to all services provided by Reactionlink (whether for a fee or free of charge and regardless of their scope) in relation to the use of Reactionlink's service.
(2) The General Terms and Conditions as amended from time to time apply. If the customer is not a consumer according to § 13 BGB (German Civil Code), then these GTC also apply to all contracts concluded between Reactionlink and the customer regarding the provision of services. They also apply to all future business relations, even if they are not expressly agreed upon again. The customer is required to inform himself about the current GTC before each order or contract extension. The GTC can be viewed at any time on the Internet at 'https://www.reaction.link/legal/terms'.
(3) Deviating agreements between Reactionlink and the customer as well as mandatory legal regulations have priority.
(4) The general terms and conditions apply exclusively. Deviating terms and conditions of the customer are not valid.
(5) General terms and conditions of the customer do not become part of the contract unless Reactionlink agrees to them in individual cases. Counter-confirmations of the customer with reference to their general terms and conditions are hereby contradicted.
(6) All changes and additions to contractual agreements must be put down in writing for proof purposes. Notifications that have to be made in writing can also be made by e-mail.
(7) Reactionlink reserves the right to unilaterally amend the GTC for the future. The amended GTC will become part of the contract if Reactionlink cumulatively notifies the customer of the amendment, whereby an e-mail message to the last known e-mail address according to the customer's information or the e-mail address saved by the customer in the customer profile is sufficient, - the customer can take note of the new GTC in a reasonable manner, whereby a retrievability on the Internet pages of Reactionlink is sufficient and - the customer does not object to the inclusion of the new GTC within 14 days of receipt of the amendment notification, whereby the legal consequences of the failure to object must be pointed out in the announcement.
§2 scope of services
(1) The scope of services results from the tariff selected by the customer with the conditions valid at the time of registration.
(2) Reactionlink is entitled to change the scope of the offered functionality of the service at any time at its own discretion, in particular to expand and redesign it. These changes do not constitute a reason for termination. The customer will be informed about significant changes by e-mail.
(3) Reactionlink reserves the right to provide the standard layout templates provided to the customer within the service with its own advertising or with other attributes from the service and/or from Reactionlink. The customer is entitled to remove these advertisements or attributes at any time independently and without coordination with Reactionlink or to replace them with its own advertisements or with the advertisements of third parties, as far as these are legally permissible and in particular not misleading, as well as to create its own layout template without advertisements and attributes of the service and/or Reactionlink.
§3 Offer, conclusion and term of the contract
(1) Reactionlink's offers, especially those presented on the internet, are always subject to change and non-binding, unless Reactionlink explicitly designates them as binding. Contract conclusions only become binding through a written confirmation by Reactionlink.
(2) By registering completely and truthfully on the website of the service or sending the registration form to Reactionlink, the customer submits his offer. The customer then receives an electronic confirmation from Reactionlink. Upon receipt of this confirmation, the contract for the use of the service is concluded in accordance with these terms and conditions.
(3) After receipt of the confirmation, the customer can use the service immediately. However, the evaluation possibilities of the service remain limited to 50 participants until the time of receipt of payment. With the receipt of payment, the customer gets full access to all collected data. If the customer has registered for a free tariff, the evaluation possibilities remain limited to 50 participants until the expiration of this tariff.
(4) Reactionlink can make the conclusion of the contract dependent on the presentation of a written power of attorney, an advance payment, a guarantee declaration from a bank or other information or confirmations. Reactionlink reserves the right to refuse the conclusion of a contract without justification in individual cases.
(5) The contract is concluded for the period specified in the tariff selected by the customer. If the customer does not terminate the contract before the expiration of the contract period, the contract is automatically extended by the previous contract period. In this case, the customer shall pay the usage fee for the new usage period.
(6) If the customer terminates the contract before the expiration of the contract period, the contract ends with the expiration of the contract period.
(7) From point (6), the contracts for which no usage fee is provided are excluded.(6) If Reactionlink uses third parties to provide the offered service or offered services, they do not become contractual partners of the customer.
§4 Prices, Price Changes, Terms of Payment
(1) The customer must pay a usage fee for the use of the service.
(2) The amount of the usage fee is determined by the tariff selected by the customer and by the service and price lists separately determined by Reactionlink. The amount of the usage fee also depends on how many online sessions the customer conducts in total within the framework of his selected tariff, and how many participants the customer integrates per one online session or in total. The usage fee is not to be understood exclusively as a flat rate for the time-limited use of a tariff, but is also based on the quantities of those addressed therein.
(3) After the customer has registered or logged in to the service, Reactionlink will issue an invoice to the customer and send it electronically. The invoices are due for payment immediately and without deduction upon receipt, unless a different payment period has been agreed upon.
(4) All bank charges are the responsibility of the customer.
(5) If the customer defaults on payment despite a reminder, Reactionlink is entitled to charge interest on arrears at its discretion. These amount to 5% p.a. above the base interest rate (§247 BGB) for contracts with consumers (in the sense of §13 BGB), and 8% p.a. above the base interest rate for contracts with entrepreneurs (in the sense of §14 BGB) to block the user account at the customer's expense, whereby the customer is nevertheless obligated in this case to terminate the contract to be paid for the user fee without notice.
Reactionlink reserves the right to assert further claims due to default of payment.
(6) The price at which the contract is concluded remains valid for the duration of a usage period and does not change for the customer during this period. Reactionlink reserves the right to change the tariff prices at any time at its own discretion. In the event of a contract extension, the previously agreed price loses its validity. The contract will then be extended at the price that is valid for the respective tariff at the time of the extension.
(7) All agreed prices are fixed prices. A refund to the Customer shall be excluded even in the event of a significant shortfall in the quantity provided for in the selected tariff.
(8) Excluded from points (1) to (7) are the contracts for which no usage fee is provided.
§5 Obligations of the customer
(1) The Customer is obliged to use the Service only in accordance with these Terms and Conditions.
(2) The Customer must constantly update and disclose the contract-relevant information (e.g. address) created in the user account. For this purpose, the customer has access to the corresponding configuration menu in his user account. The customer is obliged to act exclusively on his own account.
(3) The customer is solely responsible for the contents of the contents or parts thereof published by him on the Internet or handed over to Reactionlink for publication. The customer undertakes to observe the laws applicable in Germany and worldwide for the protection of children and young people as well as authors and for protection against terrorism and violence. The customer is responsible for compliance with the regulations for electronic business transactions applicable in Germany (e.g. Teleservices Act).
(4) The customer undertakes in particular to observe the data protection provisions and regulations of the DSGVO and to ensure that the respondents are informed in sufficient detail about the purpose of the surveythe completion of questionnaires is solely at the discretion of the respondents and is not associated with disadvantages for thempersonal data of the respondents is not disclosed to third parties or exposed to access by third partiespersonal data of the respondents is not stored longer than necessary and is only used for the purpose pursued by the surveyother rights to protect the personality of the respondents are observed.
(5) The customer indemnifies Reactionlink from all claims of third parties due to the infringement of rights based on the content published by the customer on the Internet or handed over to Reactionlink for publication or parts thereof. This includes in particular the obligation to indemnify or hold Reactionlink harmless from claims for damages or reimbursement of expenses by third parties as well as from all costs of legal prosecution (e.g. court and lawyer costs).
(6) The customer must ensure that the passwords transmitted to him are not accessible to unauthorized third parties. The loss or discovery of passwords must be reported to Reactionlink immediately so that misuse can be prevented. The customer must reimburse Reactionlink for any expenses incurred as a result.
(7) If there is sufficient suspicion that the customer's access is being used by a third party without authorization, Reactionlink can block the customer's access to the service until the suspicion is rebutted. In this case, the customer will be informed immediately about the blocking and will receive new access data from Reactionlink as soon as the incident has been clarified.
(8) In the case of authorized use of the service by third parties, the customer ensures that they use the service responsibly in accordance with these conditions. The customer is liable for all damages caused by authorized or unauthorized use by third parties within the scope of the access and usage options provided to him by Reactionlink.
(9) The customer is obligated to immediately notify Reactionlink of recognizable significant defects or damages in connection with the service (errors) and to take all measures that enable the determination of the errors and their causes or facilitate or accelerate the elimination of the errors. Reactionlink is obligated to replace the errors caused by checking its technical equipment and/or the program code of the service, if and to the extent that it becomes apparent after checking a reported error that its cause was in the area of responsibility of the customer.
(10) If the customer plans an online event where the service is to be used excessively or notices during the online session that the service is being used excessively, the customer must inform Reactionlink immediately. If the notification of planned excessive use is not made before 14 days to the start of the event, the customer's claim to a defect-free functioning of the service is forfeited. As a rule, an excessive demand is considered to exist if more than 500 online sessions are called up per day. In case of excessive use, Reactionlink reserves the right to charge additional fees.
(11) If the customer violates his obligations, Reactionlink has the right to block the customer's user account at the customer's expense as well as the right to terminate the contract without notice. In case of false information during registration or misuse of the service, Reactionlink reserves the right to immediately delete the customer including his data.
§6 Secrecy, data protection, storage
(1) In accordance with GDPR, Reactionlink points out that personal data is stored. This data may be passed on to third parties, if necessary and if the customer does not expressly object, exclusively for the purpose of contract processing. The customer can inform himself about the type, scope and purpose of the collection and use of personal data by Reactionlink at any time at www.reaction.link./legal/privacy.
(2) Reactionlink commits itself not to use the data collected during the online sessions as well as the customer's survey results in any way or to make them available to third parties.
(3) Points (1) and (2) do not apply only insofar as Reactionlink is legally obligated to disclose such data to third parties, in particular government agencies, for example for criminal prosecution.
(4) The customer agrees that he or the company may be named as a reference customer by Reactionlink in written and electronic form two weeks after conclusion of the contract. In the reference list Reactionlink is allowed to use - in case of private persons - the first name and the last name of the customer - and in case of legal persons - the company logo, the company name and the link to the internet presence of the customer. Other personal information of the client may be used as a reference only with his explicit permission.
§7 Warranty and availability of the service
(1) Reactionlink guarantees an availability of its service of 98% on an annual average. Excluded from this are times when the web server cannot be reached via the internet due to technical or other problems beyond Reactionlink's control, such as force majeure, fault of third parties etc.. - In case of attacks (e.g. DDOS) Reactionlink is allowed to stop the service for the period of the attack.
(2) The "Presenter Mode" of the service - i.e. the part of the software in which the creation and administration of surveys and online sessions takes place - is optimized for all modern browsers (Google Chrome from version 64, Firefox from version 64, Microsoft Edge (Chromium-based), Safari from version 12) with approved JavaScript. Microsoft Internet Explorer and related browsers (e.g. Maxthon, Microsoft Edge Legacy) are not supported in "Presenter Mode". The same applies to Viewer Mode. The customer has no claim that the service will work in other operating systems and browsers. Reactionlink reserves the right to change the system requirements at any time. These changes do not lead to the customer's right of termination.
(3) The customer is aware that according to the state of the art it is not possible to create software that is completely free of errors for all areas of application. If a reproducible error occurs during the use of the service, the customer will inform Reactionlink immediately and describe the error and its manifestation in a written error report or notice of defect in such detail that a verification of the error (e.g. submission of error messages) is feasible and the exclusion of an operating error (e.g. specification of the work steps) is possible. Reactionlink will correct this error within a reasonable time after receipt of the written error report by Reactionlink.
(4) If Reactionlink is not in a position to rectify the error or rectify the defect or is entitled to refuse to rectify the defect in accordance with § 439 para (3) BGB (German Civil Code) or if a delay in rectification occurs beyond a reasonable period for which Reactionlink is responsible or if the rectification of the error or rectification of the defect fails twice, the customer is entitled to choose between withdrawing from the contract or demanding a corresponding reduction in the purchase price.
(5) Reactionlink's obligation to correct errors does not apply if the error is not reproducible or cannot be shown using machine-generated output. The warranty also does not apply if the error or its cause lies outside Reactionlink's area of responsibility. Minor defects that do not or only insignificantly affect the contractual use of the service do not entitle the customer to a reduction of the payment or to withdraw from the contract, likewise such defects do not lead to Reactionlink's obligation to rectify the error or to make improvements.
(6) In the event of a claim against Reactionlink under warranty or liability, contributory negligence on the part of the user is to be taken into account appropriately, especially in the case of insufficient error messages or insufficient data backup.
(7) If Reactionlink is hindered in its services to be provided continuously for a continuous period of at least 2 weeks, Reactionlink warrants that the customer is entitled to use the service free of charge for a corresponding period beyond the contractual duration. Reactionlink is not liable for damages, including lost profits or other financial losses of the customer.
§8 Customer support
(1) Reactionlink's support services are not the subject of this contract. However, Reactionlink provides customer support for its customers free of charge. Reactionlink is entitled to terminate the support provided at any time, unless the customer has concluded a separate written support contract with Reactionlink for the service.
(2) Reactionlink does not provide support with regard to third-party software used in connection with the service. To obtain support for such software, please contact the respective software vendor.
§9 Data backup, deletion of online sessions, user accounts
(1) Data backups are performed by Reactionlink every 24 hours and are always considered up to date within the next 24 hours. A failure of the data backup due to viruses or hacker attacks cannot be replaced.
(2) The customer has to backup or print the data collected from his online sessions or the results of his surveys with regular intervals by data export function. The customer must take the necessary protective measures himself.
(3) Reactionlink expressly points out that when deleting an online session as well as a user subordinate to the customer, the associated data is permanently deleted from the system. A recovery from the deleted data is not possible.
(4) If the customer has not requested a contract renewal within 30 days after the expiration of his paid subscription and has not logged into his user account, Reactionlink is entitled to permanently and irrevocably delete all of the customer's data including all existing users, online sessions and survey results in his user account. The same applies if the customer of a free tariff has not logged into his user account within 30 days.
§10 Property rights of third parties
(1) Reactionlink guarantees that the service is free of third party property rights in the area of the Federal Republic of Germany, which exclude or restrict its use by the customer.
(2) If it is legally determined that the use of the service by the customer is inadmissible due to the infringement of third party property rights, Reactionlink can, at its own discretion and at its own expense, - procure the right to use the service for the customer, - design the service to be free of property rights, or - replace the service with a comparable one. The customer is not entitled to any further claims in case of infringement of third party property rights.
§11 Liability and Limitation of Liability
(1) Reactionlink is only liable for damages if Reactionlink has violated an essential contractual obligation (cardinal obligation) in a way that endangers the purpose of the contract or if the damage is due to gross negligence or intent on the part of Reactionlink. If the culpable breach of an essential contractual obligation (cardinal obligation) is not due to gross negligence or intent, liability is limited to the damage that was reasonably foreseeable for Reactionlink upon conclusion of the contract. The same limitation of liability applies in case of intentional or grossly negligent breach of duties by employees, staff or agents who are not organs or executives of Reactionlink.
(2) Compensation for the foreseeable, typically occurring damage according to paragraph (1) usually consists of the customer's renewed use of the respective services free of charge. This shall apply in particular in the following cases: Creation of technically faulty examination results due to malfunctionsFaulty transmission or storage of data by ReactionlinkOmission of a required transmission or storage of data by Reactionlink.
(3) The liability due to warranted characteristics, in case of personal injury as well as due to mandatory legal regulations remains unaffected.
(4) Reactionlink is not liable for the customer's ability to achieve the purpose intended by the customer with the use of the service, especially not for the fact that an online session delivers too few results or results that are unusable for the customer because it is not answered by the users in the manner intended. Furthermore, Reactionlink is not liable for the use of possible survey results by the customer.
(5) Reactionlink is not liable for indirect damages, consequential damages or loss of profit.
(6) If a case of force majeure occurs, Reactionlink is not responsible for the delay or impossibility of services caused by this. Force majeure is defined as all unforeseeable events or events that - even if they were foreseeable - are beyond the control of Reactionlink and whose effects on the fulfillment of the contract cannot be prevented by reasonable efforts of both contracting parties.(7) Reactionlink is not liable for damages resulting from the use of the free tariffs and/or beta versions. However, Reactionlink endeavors to publish them without significant or known defects.(8) The customer indemnifies Reactionlink from all claims asserted against Reactionlink by third parties due to the infringement of their rights or due to legal violations caused by the illegal or abusive use of the service. In this regard, the customer also assumes the costs of legal defense, in particular all attorney's fees and court costs.(9) Unless otherwise stated, further claims by the customer - regardless of the legal grounds - are excluded.
§12 Organizational matters
(1) All business transactions shall be conducted via the following address:
Reactionlink SE Technologies GmbH
Schlüterstr. 42
10707 Berlin
team@reactionlink.de
www.reactionlink.de
(2) If jurisdiction permits electronic form for certain types of correspondence, this may also be used.
§14. final provisions and invalidity
(1) For these terms and conditions as well as the contracts based on them, German law applies for both partners. Place of fulfillment and jurisdiction is the headquarters of Reactionlink.
(2) In case of invalidity of one of the provisions of these GTC, the validity of the remaining provisions remains unaffected. The invalid provision will be replaced in such a way that the new provision comes closest economically and legally to the meaning pursued by the invalid one.
Berlin, 24 March 2021
