Reputech
Terms of Service
If there is any doubt, the German-language company terms are not incorporated by reference into these Terms of Service.
§ 1 Subject matter of the contract
(1) These Terms and Conditions apply, in the version in effect when the contract is concluded, to all business relationships between BewertungsHeld LLC, [email protected] (the “Provider”), and the customer (the “Customer”).
(2) The Provider’s service is intended for Customers who are natural persons, legal entities, or partnerships with legal capacity and who enter into the contract with the Provider in the course of their commercial or self-employed professional activity.
(3) The Customer’s terms and conditions that differ from, conflict with, or supplement these Terms do not become part of the contract unless the Provider expressly agrees to them in writing.
§ 2 Description of services
(1) The Provider offers services to assist with the deactivation of reviews on the internet. The Provider does not guarantee the successful deactivation and subsequent deletion of reviews, because the operators of online review platforms make that decision.
§ 3 Conclusion of the contract
(1) The Customer agrees to provide all information required to perform the service truthfully, promptly, and in full. The Customer must also promptly notify the Provider of changes to contact details or other relevant information. Information submitted through a form is encrypted and cannot be viewed by third parties. The Customer may also provide information and service requirements by phone, after which the Provider may make an offer to the Customer.
(2) The contract is concluded when the Customer accepts an offer from the Provider. The offer may be made in writing, by email, or through the Provider’s website and may be accepted by the Customer.
§ 4 Contract data, storage, and contract language
(1) The scope of the contract, including which reviews are to be deactivated and deleted, is recorded in the Provider’s system and is available to the Customer on request. Any data is stored for the period required under applicable statutory provisions.
(2) The contract language is German.
§ 5 Fees and payment terms
(1) The fee for the Provider’s services is based on the price list in effect when the contract is concluded or the price stated in the offer.
(2) The right to payment arises as soon as the operator of the online review platform deactivates the Customer’s reported reviews after the contract with the Provider has been concluded. The right to payment does not depend on a causal connection between the Provider’s service and the platform operator’s deactivation of the review.
§ 6 Representation before platform operators; subcontracting; costs
(1) Power of attorney and representation. For the term of the contract, the Customer grants BewertungsHeld LLC a revocable power of attorney to represent the Customer before platform operators to the extent required to perform the service, submit and substantiate requests to remove content, make statements, receive notices, and answer platform inquiries. The power of attorney includes disclosing the engagement to the platform and transmitting the information required for that purpose, such as the Customer’s name or company name, profile URL, disputed content, and order reference. It does not include representation before courts or government authorities.
(2) Subcontracting and agents. BewertungsHeld LLC may use suitable subcontractors as agents to perform the contract under Section 278 BGB, including attorneys where legal review is required. They will act only to the extent required to submit and substantiate a request. No direct attorney-client relationship between the Customer and an attorney engaged by the Provider arises unless separately and expressly agreed.
(3) Fees and additional services. The agreed fee, in particular the per-item price for each successfully deleted review, covers the use of subcontractors and attorneys solely to submit and substantiate a request. Further services, such as out-of-court or court representation outside the platform process, will be provided only if the Customer expressly orders them and agrees to a separate fee.
(4) Revocation and consequences. The Customer may revoke the power of attorney and/or the involvement of third parties at any time with effect for the future. BewertungsHeld LLC notes that all or part of the service may then become impossible if platform operators require proof of representation or a qualified explanation that cannot be provided without a power of attorney or the involvement of third parties.
(5) Data protection. BewertungsHeld LLC will provide platform operators and engaged third parties only with the information required to process the requests. The privacy notices of BewertungsHeld LLC also apply.
§ 7 Liability
(1) The Provider is liable only for damage caused by intentional or grossly negligent breaches of duty by the Provider, its legal representatives, or its agents.
(2) Any further liability of the Provider, in particular for loss of profit or other financial losses suffered by the Customer, is excluded.
§ 8 Data protection
(1) The Provider collects, processes, and uses the Customer’s personal data only to the extent required to perform the contractual services and permitted by law.
(2) To process payment and issue invoices, the Provider may disclose the Customer’s personal data to external service providers. Those providers are required to use the data only for the agreed services and to comply with data protection requirements.
(3) Further information about data protection is set out in the Provider’s privacy policy, which is available on the Provider’s website.
§ 9 Final provisions
(1) Amendments and additions to this contract must be made in writing. This also applies to any amendment of this written-form requirement.
(2) If any provision of these Terms is or becomes invalid, the validity of the remaining provisions is unaffected. The invalid provision will be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
(3) The exclusive place of jurisdiction for all disputes arising from the contractual relationship is the Provider’s registered office as stated in the imprint on the domain reputech.io.