Terms and Conditions
These General Terms and Conditions regulate the legal relationship between the provider of the service "letsfeedback", Mr Deniz Demirsoy, Rothmundstr. 5, 80337 München (hereinafter referred to as "LFB"). and the users of the service.
1. SUBJECT MATTER OF THE CONTRACT
1.1. With letsfeedback, LFB provides a service which enables a new form of interaction between lecturer and the audience. Even with the free version of letsfeedback, the lecturer is enabled e.g. to ask the audience questions which the audience may reply to using smartphones, tablets or notebooks or to do surveys among the audience the results of which can be shown to the lecturer e.g. by means of a projector.
1.2. Both a free version of letsfeedback and a pay-for premium version with extended functionality are available.
1.3. LFB reserves the right to continuously revise letsfeedback, in particular to add, change or remove functions. The user shall be entitled to terminate the contract with LFB without notice for an important reason if during an agreed usage period the use of letsfeedback is permanently restricted or discontinued to a considerable extent due to such a change.
2. CONCLUSION OF CONTRACT
2.1. Upon registration, you will be asked to enter certain data, namely your e-mail address and a password. After that, you will be able to use the free-of-charge functions and, for one month, also part of the premium functions for testing purposes. If you do not purchase the premium access within the first month, then the functions of the premium version provided for testing purposes cannot be used after that period. Following your registration, you may at any time subscribe to premium access to letsfeedback and choose between monthly and annual payment. In the process, you can at any time correct your entries by clicking on "Zurück" (Back).
2.2. The contract between LFB and the user shall be concluded upon registration of the user at letsfeedback and confirmation of successful registration by LFB. If a participant of an event receives an access link or an event code from the lecturer and the participant then registers for the event, the contract shall be concluded upon confirmation of successful registration.
2.3. We shall not store the text of the contract. Forthwith upon completion of registration, we shall send the user a confirmation by e-mail which contains these present General Terms and Conditions.
3. PAYMENT AND PAYMENT TERMS
3.1. The prices valid at the time of registration shall apply to the pay-for premium version of letsfeedback. The prices are shown on the letsfeedback website under "Prices" and displayed during the registration process. The prices include the value-added tax.
3.2. For a registration for one year, payment can be made in one of the following ways:
Payment after receipt of an invoice
Payment using a credit card (Visa, MasterCard)
Payment using Paypal
For a registration for one month, payment can be made exclusively by credit card (Visa, MasterCard).
3.3. Payment shall be received by LFB within a maximum of 15 days. If payment is not received in time, LFB shall be entitled to cancel the user's registration and to close the user's account.
3.4. LFB shall be entitled to adjust the prices if LFB believes this is necessary for economic reasons (e.g. cost increases). In such a case, LFB shall inform the user in due time before the price adjustment becomes effective. Should the price be raised and the user not agree to this, the user shall have a special right of termination.
3.5. The user shall be entitled to retention or set-off of any payment on the basis of or with any counterclaim only if such counterclaim is undisputed or has been determined without further legal recourse or is based on a warranty claim to which the user is entitled.
4. USER'S OBLIGATIONS
4.1. The user shall be obligated to use letsfeedback only in compliance with the law, in particular to not use any contents on letsfeedback which are illegal or breach any law.
4.2. The user shall not damage or impair the functionality of letsfeedback. In particular, the user shall ensure that no file he uses in the context of letsfeedback contains malicious software (e.g. viruses, Trojans etc.).
5. NO INFRINGEMENT OF THIRD-PARTY RIGHTS
5.1. Where the user uses any media of whatever kind (e.g. photos, videos, files etc.) in the context of letsfeedback, exclusively the user shall be responsible for ensuring that his use of such media is legal and, in particular, does not infringe a right of a third party or any regulation regarding the protection of minors.
5.2. Should any content which the user publishes on letsfeedback infringe a right of a third party, the user shall indemnify LFB against all claims asserted by third parties. This shall include the necessary expenses for legal defence.
6.1. LFB has developed letsfeedback to the best of its knowledge and belief and offers the service to the user as is. LFB does not warrant a certain quality or possibility of use of letsfeedback.
6.2. LFB shall warrant the user availability of letsfeedback subject to technical feasibility. LFB shall be entitled to temporarily make letsfeedback unavailable for necessary maintenance, security or updating work. LFB cannot be held responsible for any unavailability caused by circumstances outside its sphere of influence.
7.1. Apart from that, LFB shall only be liable, irrespective of the legal basis, in cases of wilful intent or gross negligence. However, LFB shall be liable also in any case of ordinary negligence if it breaches a material contractual obligation. A material contractual obligation is any contractual obligation breach of which jeopardises achievement of the purpose of the contract or discharge of which enables proper performance of the contract in the first place and discharge of which a party to the contract may typically rely on.
7.2. Where LFB is liable based on a breach of a material contractual obligation and unless LFB is culpable of wilful intent or gross negligence, liability shall be limited to the typical, foreseeable damage which usually will not exceed the amount of the remuneration agreed for the use of letsfeedback for one year.
7.3. The liability for injury to life, body or health and the liability under the German product liability act (ProdHaftG) shall not be affected.
7.4. Where LFB's liability is excluded or limited in accordance with the above provisions, this shall likewise apply to the personal liability of any employee, representative and vicarious agent of LFB.
7.5. Assignment to a third party of any claim of whatever kind against LFB shall be ruled out. Section 354 a HGB [German Commercial Code] shall not be affected.
8. TERM AND TERMINATION
8.1. The agreement regarding the use of letsfeedback shall be concluded for an indefinite period of time.
8.2. Where the pay-for premium version of letsfeedback is used, the minimum term shall be one month or one year as opted for by the user upon registration. These terms shall be prolonged each time by the same period (i.e. by one month or one year) depending on the minimum term chosen, unless the agreement is terminated prior to the end of the agreed term.
8.3. Where the free version of letsfeedback is used, either party shall be entitled to terminate the agreement at any time without notice with immediate effect.
8.4. The remuneration for the prolongation period after expiry of the agreed period of use shall be due and payable upon the start of the prolonged period of use. The prices in effect at the time shall apply to the prolongation period. LFB shall be entitled to restrict or disable the use of letsfeedback upon expiry of the period of use paid for if the remuneration for the prolongation period is not received by LFB in due time.
8.5. LFB's and the user's right of termination for an important reason shall not be affected. An important reason shall in particular be a serious violation of the provisions of these General Terms and Conditions and also any long-lasting substantial restriction or the discontinuation of the service (Section 1.3) or any price increase (Section 3.4).
8.6. Any notice of termination in accordance with the above provisions shall be given in writing to the address of LFB or by e-mail to firstname.lastname@example.org. In addition to this, the subscription to the pay-for premium version of letsfeedback may be cancelled and downgraded to the free version in accordance with the conditions specified above by clicking on the "Downgrade" button in the profile settings of letsfeedback.
9.1. Transfer of the right to use letsfeedback to any person other than the registered user shall be ruled out.
9.2. Letsfeedback and all its component parts are protected by law (in particular by copyright). The user shall in particular not be entitled to edit, copy, disseminate or make letsfeedback or any component part of letsfeedback publically accessible.
10. NOTIFICATIONS AND DATA PROTECTION
10.1. LFB shall be entitled to send the user e-mails in connection with the provision of letsfeedback (e.g. changes to the range of functions, system messages regarding planned maintenance downtimes etc.).
10.2. Any data of the user shall be used only in connection with the performance of the contract and beyond this only with the user's consent. Our data privacy statement is available at the data privacy statement →.
If you are a consumer as defined in Section 13 BGB [German Civil Code], i.e. if you are a natural person concluding this agreement for a purpose which cannot be attributed to your commercial or self-employed professional activity, you have a right of revocation as set out in the information about your right of revocation provided below.
Information about your right of revocation
You may revoke your declaration of contract in writing (e.g. letter, fax, e-mail) within 14 days without stating a reason. The 14-day period starts upon receipt of this written instruction, however, not before the contract is concluded and also not before we have fulfilled our duties to inform in accordance with Article 246 Section 2 in conjunction with Section 1 Paragraphs 1 and 2 EGBGB [Introductory Act to the German Civil Code] and our obligations in accordance with Section 312g Paragraph 1 Sentence 1 in conjunction with Article 246 Section 3 EGBGB. To meet the revocation deadline, it will be sufficient to dispatch the revocation notice in time. Your revocation has to be sent to:
letsfeedback, Inh. Deniz Demirsoy
Consequences of revocation
In the event of a valid revocation, the mutually received services/goods and any benefit received (e.g. interest) have to be returned. If you cannot or not completely return the services/goods or any benefit received (e.g. use and enjoyment) or can return them only in a deteriorated condition, you will have to pay us compensation for lost value. This may result in you having to meet the contractual payment obligations nevertheless for the period until revocation. Obligations to refund payments have to be fulfilled within 30 days. For you, the 30-day period commences upon dispatch of your declaration of revocation, for us upon receipt.
Your right of revocation will expire prematurely if the contract has been performed completely by both parties at your express wish before you have exercised your right of revocation.
End of the information about your right of revocation
12. BREACH OF CONTRACT
12.1. Should the user breach the obligations of these General Terms and Conditions, LFB shall be entitled to temporarily lock the user out and/or to terminate the agreement for an important reason in accordance with Section 8.5.
12.2. Further claims shall not be affected.
13. FINAL PROVISIONS
13.1. Exclusively these General Terms and Conditions shall apply. Any contractual provision deviating from them shall apply only if this is agreed in writing.
13.2. These General Terms and Conditions represent the entire contractual agreement made between LFB and the user. Any prior understandings shall become void upon conclusion of this agreement. Verbal agreements shall be confirmed in writing forthwith.
13.3. LFB reserves the right to amend these General Terms and Conditions. LFB shall inform the user in writing of any amendment. In such a case, the user shall be entitled to object in writing to the amendment of the General Terms and Conditions within a period of four weeks. Upon expiry of the period, the amendment shall be deemed to have been approved by the user. LFB will point this consequence out to the user in the written notification.
13.4. Should any of the provisions of the agreement be invalid in whole or in part, this shall not affect the validity of the remaining provisions and remaining parts of provisions.
13.5. The agreement shall be governed by the law of the Federal Republic of Germany excluding application of the reference norms of private international law. This shall not affect the mandatory consumer protection regulations of the country where the user has his habitual abode.
13.6. The exclusive place of jurisdiction for any disputes arising from or in connection with this agreement and the use of letsfeedback shall be Munich, provided the user is a merchant, a corporate body under public law or a special fund under public law.