Terms and conditions
Contractual terms and conditions for SalesViewer®
§1 Scope, definitions
1. These contractual conditions (hereinafter referred to as "VB") of SalesViewer® GmbH (hereinafter referred to as "SalesViewer®") govern the use of the software as a service offering "SalesViewer®" (hereinafter referred to as "Software" or "SalesViewer®") and all services rendered by SalesViewer® in connection with the provision of the Software ("Contractual Services").
2. For the business relationship between SalesViewer® and the customer, the following VB shall apply as its version valid at the time of conclusion of the contract. In so far as specific regulations apply to this VB, these shall precede the General Terms and Conditions, which otherwise apply mutatis mutandis. Different terms shall not be recognized, unless SalesViewer® explicitly agrees to their validity in writing.
§2 Contractual services and scope of application
1. SalesViewer® is a web analysis system, which provides the operator of a website with analysis capabilities by means of using a tracking script on his own website.
2. The analysis capabilities of SalesViewer® are available to the customer as a software-as-a-service via a protected area of SalesViewer® (hereinafter referred to as "SaaS" or "Service"). .
1. The use of the service requires registration.
2. Registration requires the input of the domain to be analyzed, the company and contact data, as well as the choice of payment method.
3. The customer is obliged to keep the respective password secret and not to pass it on to third parties. Each registered customer is obliged to notify the provider immediately in the event of the loss or unauthorized use of his access information.
4. SalesViewer® will not make the password selected at the registration of an account available to third parties, nor will it ask for the password to be given by telephone or e-mail or via the internal communication channels.
5. Registered customers are responsible for the confidential treatment of the access information (especially the password) given to them and / or chosen by them, and are liable to SalesViewer® for damages caused by culpable breach of these due diligence obligations.
1. The service is available for at least 98% of calendar month. Non-availability shall be assumed if the service is completely unavailable due to circumstances that are within the provider's sphere of responsibility. Non - availability is not accepted if the service is due to:
• force majeure,
• misuse or if customer's use is in breach of contract or
• is not available due to planned maintenance times according to Article 4, item 2 b
2. SalesViewer® may temporarily restrict the service to perform maintenance (hereinafter referred to as "Scheduled Maintenance Period"). SalesViewer® will announce scheduled maintenance times to the customer at least 7 days in advance. Overall, the duration of scheduled maintenance periods must not exceed 24 hours a month.
§5 Support hotline, response times
1. If the service has a fault or a fault, the customer must notify the supplier immediately in writing with a detailed description of the facts, attaching all information which may be useful for troubleshooting ("Error and Fault Messages").
2. An error occurs if the service does not have the functionalities as defined in this VB, produces incorrect results, terminates uncontrollably, or otherwise behaves in a non-functioning manner.
3.SalesViewer® provides a support hotline for the receipt of malfunctions and error messages, as well as the customer's questions with regards to the use of the service (collectively "Support Requests"). The support hotline is available from Monday to Friday, except for public holidays and bank holidays from 9:00 am to 5:00 pm (hereinafter referred to as "Service Times") via the support contacts provided by the provider.
4. During service times, SalesViewer® will react within one working day (the "reaction time") to correct customer's Error and Fault Messages with a qualified feedback on the causes of the fault and the measures taken and to be taken for the correction of the fault. The response time does not apply to negligible errors and faults. .
5. The response time only applies during the service times. If a support request is received outside the service time, the response time starts from the beginning of the next service period.
6. If the error or fault removal conclusively fails and this constitutes important cause for the customer, the customer is entitled to terminate this contract without observing a notice period.
7. The customer is not entitled to reduce the agreed remuneration due to errors or faults. The right of the customer, in case of errors or faults to reclaim the remuneration in full or in part according to the principles of unjustified enrichment remains unaffected. t.
8. SalesViewer® shall only be liable for damages and compensation for futile expenses within the limits of Article 8.
1. The customer may use the evaluation and analysis results only for internal purposes and only duplicate these in the context of his own contractual use.
2. Any use beyond the intended use of the software or the service, in particular the systematic reading out of data, the transfer of software or data to third parties and the processing thereof are prohibited. Copyright notices and brand names may not be altered or deleted.
§7 Remuneration and billing
1. 1. The 14-day trial is free and is terminated automatically.
2. After this, the customer can choose between the different licensing models.
3. Monthly fees for use are due at the beginning of the billing month.
4. Payment of any remuneration shall be made by PayPal, direct debit, credit card payment or payment on account. In the case of credit card payment and payment via PayPal, the activation of SalesViewer® is effected immediately, in the case of payment via a debit note or on invoice only after complete receipt of payment.
5. The user must ensure that the bank or credit card account from which the amount is debited has the necessary cover. In the event that payment is not made due to circumstances for which the user is responsible, the operator can charge the additional costs incurred (e.g. costs of the return debit) to the user for the respective amount incurred.
6. All invoices will be provided to users in PDF format by email.
§8 Contract period, termination
1. The customer can initially test the SalesViewer® for a period of 14 days free of charge and without commitment. The test account runs out after this period and is terminated automatically.
2. After this, the contract for the fee-based edition - unless agreed otherwise - is valid for the period of one month and is extended by the selected contract period (for example, 1 month contract, automatically extends by one month) if neither party terminates the contract after the minimum contract period or the extension period with a notice period of 14 days
3. The right to exercise extraordinary termination for good cause remains unaffected. , an important reason for the service provider is if the customer is in default of payment or acts in breach of contract.
§9 Damages and reimbursement of expenses
1. SalesViewer® shall only be liable for damages and compensation for futile expenses, irrespective of the legal basis, only to the following extent:
1. Liability in the case of willful intent and under warranty is unlimited.
2. In case of gross negligence, SalesViewer® shall be liable to the extent of the typical damage foreseeable at the conclusion of the contract.
3. In the event of a negligent breach of a material obligation, without the fulfillment of which the proper implementation of the purpose of the contract is not possible and on the fulfillment of which the other party can regularly rely (cardinal obligation), SalesViewer® shall be liable to the extent of the typical damage foreseeable at the conclusion of the contract.
4. Liability is excluded in all other cases of negligent breach of duty.
5. In the case of injury to life, body and health and in the case of claims under the German Product Liability Act, the statutory provisions apply without restrictions.
2. SalesViewer® remains open to the objection of contributory negligence.
§ 10 Third party rights
1. 1. SalesViewer® warrants that the use of the contractual services by the customer does not infringe third-party rights.
2. The customer shall inform SalesViewer® immediately in writing if third parties (e.g. copyright or patent rights) wish to lay claim to rights to contractual services. The customer authorizes SalesViewer® to lead the dispute with the third party alone. The customer supports the provider in the dispute. , the customer shall provide the necessary information and relevant documents in writing and answer questions from the provider. The customer is not entitled to recognize the claims asserted by the third party without the prior written consent of the supplier.
3. SalesViewer® shall not be liable for the infringement of third-party rights which are caused by improper use of contractual services, use outside the intended scope of application or use in combination with components not explicitly recommended by SalesViewer® (e.g. hardware and software) by the customer.
§11 Data protection
1. The SalesViewer® complies with the German Federal Data Privacy Act (BDSG) and the Telemedia Act (TMG). In addition, all requirements from the "Data privacy compliance of analysis methods for measuring the reach of internet offerings" contained in the decision of the supreme supervisory authority for the non-public sector ("Düsseldorfer Kreis") dated 26/27 November 2009 in Stralsund have been implemented.
2. The data collected and stored for the customer belongs solely to the respective customer and is processed by SalesViewer® on their behalf in accordance with Article 28 GDPR. For this purpose, a corresponding contract for order data processing is made available upon contract conclusion with SalesViewer®. Among other things, this regulates:
• the item and the duration of the order
• the scope, nature and purpose of the planned data collection
• the technical and organizational measures
• the correction, blocking and deletion of data
• the justification of any subcontracting conditions
• the control rights of the customer
• the scope of the powers of attorney
3. If the customer wishes to merge the data provided via SalesViewer® with personal data or to evaluate it in any other way, he must first obtain the corresponding consent from the respective person concerned. The customer alone is responsible for the data privacy compliant use of the data.
4. The customer will notify of the corresponding data collection and the necessary possibilities of objection on the websites on which he is using SalesViewer®. The notification should be as follows: "SalesViewer® technology from SalesViewer® GmbH is used to collect and store data for marketing, market research and optimization purposes on this website. This visitor data can be used to aggregate a usage profile under a pseudonym. For that purpose, so-called tracking pixels are used to collect company-related data. The data collected using these technologies is not used to personally identify the visitor of this website without the explicit consent of the person concerned, and is not aggregated with any personal data of the bearer of the pseudonym. The data collection and storage can be revoked at any time with effect for the future."
5. The customer is obliged to grant the possibility of objection and to include a correspondingly visible indication in the immediate vicinity of the data privacy notice. The customer shall include the reference to the electronic collection of data as well as to the possibility of objection in a prominent place or in the immediate vicinity of the data privacy notice.
6. If the customer uses SalesViewer® to collect personal data, he / she must clearly point this out to visitors of the website and, in so far as required by data privacy law, must obtain the consent of the persons concerned before implementing data collection.
§12 Amendments to contractual terms
SalesViewer® retains the right to change the terms of this contract and remuneration. SalesViewer® will announce the changes in writing to the customer. The changes shall be deemed to be agreed if the customer does not object in writing within three months after receipt of the announcement of the change. SalesViewer® will notify customer separately regarding the announcement of this notice period and the legal consequences of their omission. If the customer rejects a corresponding change, SalesViewer® has the right to terminate the contract with a notice period of one month within 14 days from receipt of the objection.
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