Allgemeine Geschäftsbedingungen

Bitte lesen sie diese Bedingungen sorgfältig durch. Wenn Sie InSite nutzen, oder einen Account registrieren, stimmen Sie diesen Bedingungen zu. Dies ist eine rechtsgültige Vereinbarung.

We’ll start with the basics, including a few definitions that should help you understand this agreement.

InSite (referred to as “InSite” or the “Service”) is a feedback tracking service offered through the URL www.insiteapp.de (hereinafter “Website”) that allows you to capture, manage, and resolve feedback (hereinafter “Feedback Reports” or short “Reports”).

InSite is owned and operated by KISS - Christian Becker & Christian Engel GbR, a German company constituted under civil law (hereinafter “KISS”, “we” or “us”). KISS has employees, independent contractors, and representatives (hereinafter “Team”).

As a user or customer of the Service or a representative of an entity that’s a user or customer of the Service, you’re a “Member” according to this agreement (or “you”).

InSite accounts generally differentiate between personal accounts, which contain all Member’s information, for example password or email (hereinafter “Account”), and workspace accounts, which allow you to create projects, invite other people and collect feedback (hereinafter “Workspace”).

All Members can create Workspaces to start a new project together with other Members. One Member is always the owner of a Workspace, normally the creator, and therefore has to pay for it. Personal Accounts are free to use, Workspaces generally run on paid plans.

These Terms of Use (“Terms” including our Privacy and Refund Policy) define the terms and conditions under which you’re allowed to use InSite and how we’ll treat your account while you’re a Member.

We may revise these Terms from time to time without notice. You should visit this page regularly to review the then-current Terms because they are binding on you. If you have any questions or concerns about our terms, feel free to contact us.

Account

1. Eligibility

In order to use InSite, you must

By using InSite, you represent and warrant that you meet all the requirements listed above, and that you won’t use InSite in a way that violates any laws or regulations. We may refuse service, close Accounts and Workspaces of any Members, and change eligibility requirements at any time.

Note:“Representing and warranting” is like making a legally enforceable promise.

2. Registration

To be able to use InSite, you will need to register an Account. After you successfully registered your Account, you will automatically be the owner of a Workspace which allows you to test everything InSite has to offer for a limited time (trial).

InSite offers various Workspace plans. After your trial ends, you can pick a plan that best fits your needs.

To register your Account you must supply the required legal data truthfully and fully if these are not designated as voluntary details. You have to provide your full name, a valid email address, password, country, and any other information requested in order to complete the signup process.

When you create an Account or Workspace on behalf of an organization, you and the organization agree and are responsible for compliance with these Terms.

One person or legal entity may not maintain more than one Account.

A valid credit card is required for Workspaces. Trial Workspaces are not required to provide credit card details.

3. Term

The Term begins when you sign up for InSite and continues as long as you use the Service. Entering your email address and clicking the button means that you’ve officially “signed” the Terms.

If you sign up for InSite on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

4. Closing Your Account

You or KISS may terminate this Agreement at any time and for any reason by giving notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment.

We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Privacy Policy. Once terminated, we may permanently delete your account and all the data associated with it.

If you don’t log in to your account for 12 or more months, we may treat your account as „inactive“ and permanently delete the account and all the data associated with it.

5. Cancellation and Deletion

You are solely responsible for properly canceling your Workspace and deleting your Account. An email or phone request to cancel your Workspace or delete your Account is not considered cancellation respectively deletion. You can cancel your Workspace respectively delete your Account at any time from inside your Account.

As long as you are the owner of a Workspace you can not delete your Account. You need to transfer ownership of the Workspace to another Member or cancel the Workspace from the settings page.

6. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us.

Unless you terminate your account within ten (14) days, the new Terms will be effective immediately and apply to any continued or new use of InSite. We may change the Website, the Service, or any features of the Service at any time.

7. Account and Password

You’re responsible for keeping your account email and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts.

We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

8. Account Disputes

We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account.

You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party.

We decide who owns an account based on the contact information listed for that account.

9. One Login per Person

Your login may only be used by one person. A single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.

Payment

10. Plans

Upon acceptance of these Terms, you will pay KISS the listed amounts for the plan selected in the buying process (current prices are listed at http://www.insiteapp.de/en/pricing).

11. Billing

InSite is charged in advance at the beginning of each billing period.

All paying plans are based on either a yearly or monthly subscription, this means they will be automatically extended until you terminate your plan. Every further payment will be due at the beginning of the new period.

Payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment (the „Pay Date“).

14. Upgrading

An upgrade from the trial plan to any paying plan will end your free trial and start your subscription. You will be billed immediately upon upgrading. If you upgrade your current paying plan, you will begin a new term and pay the higher price.

15. Downgrading

If you downgrade your current paying plan, the following will occur: You will continue at the current price on your plan until the current term expires.

You will begin a new term and you will pay the lower price from the end of your current term to the end of the new term.

Downgrading your Service may cause the loss of content, features, or capacity of your Workspace. We do not accept any liability for such loss.

16. Credit Cards

As long as you’re the owner of a Workspace or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly or yearly charges against that credit card.

You’ll replace the information for any credit card that expires with information for a different valid credit card.

Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected.

If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

17. Refunds

Our goal is to always be fair and reasonable. Therefore we invest a lot of time into our policies and decisions. Our Refund Policy will be treated as part of these Terms.

18. Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

19. Taxes

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities excluding Germany. You shall be responsible for payment of any such taxes, levies, or duties. German taxes and levies are charged and collected in accordance with German tax laws.

Rights

20. Proprietary Rights Owned by Us

You shall respect our proprietary rights in the Website and the software used to provide InSite (proprietary rights include patents, trademarks, service marks, and copyrights).

21. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material in your website. You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms and our Privacy Policy.

22. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

23. Right to Review

We may view, copy, and internally distribute content from your Projects, Workspace and Account to create algorithms and programs (“Tools”) that help us spot problem Accounts. We use these Tools to find Members who violate these Terms or laws.

We study data internally to make our Service smarter and create better experiences for Members. You agree that we may collect timestamps, IP addresses, geo-localization data and, as permitted by applicable third party distributors, unique device identifiers associated with the usage of InSite.

24. Right to Monitor

We may monitor the activities relating to your use of InSite. You will not seek to block or otherwise interfere with such monitoring, and KISS may use technical means to overcome any methods you may use to block or interfere with such monitoring.

In the event that such monitoring reveals that you have been misrepresenting facts related to the service, you shall immediately pay any amounts that such monitoring reveals are due.

Rules and Abuse

25. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately.

26. Bandwidth Abuse/Throttling

You may only use our bandwidth for your Projects. We provide image hosting only for your Project screenshots, so you may not host images on our servers for anything other than your Projects.

27. Compliance with Laws

You represent and warrant that your use of InSite will comply with all applicable laws and regulations.

You’re responsible for determining whether our Services are suitable for you to use in light of any regulations or other laws. If you’re subject to regulations and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements.

You have the necessary permission to allow InSite to receive and process data on your behalf.

Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.

Liability

28. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website.

We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.

Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

29. No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is.

That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

30. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision.

You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

Note: “Indemnity” is an agreement to compensate someone for a loss.

31. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

32. Equitable Relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

33. Subpoena Fees

If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs.

These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

34. Disclaimers

We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.

The linked websites are not under the control of KISS and we are not responsible for the content of any linked website or any link contained in a linked website. KISS reserves the right to terminate any link or linking program at any time.

KISS does not endorse companies or products to which it links and reserves the right to note as such on its websites. If you decide to access any of the third party websites linked to this Website, you do this entirely at your own risk.

Fine Print

35. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

36. Choice of Law

The German laws will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state courts in North Rhine-Westphalia, Germany and each party will be subject to the jurisdiction of those courts.

37. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control.

This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

38. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

39. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

40. Interpretation

The notes are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.

41. Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website.

That aside, additional terms may apply to certain features of the Service (the „Additional Terms“). The Additional Terms will be considered incorporated into these Terms when you activate the feature.

Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

42. No Changes in Terms at Request of Member

Because we have so many Members, we can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.

43. Accuracy and Completeness

KISS does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within InSite, the Website or materials.

44. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

45. Identity of Members

We are technically not able to determine definitively whether a Member registered on InSite actually has the identity he or she claims to have. We cannot therefore accept any guarantee of the correct identity of the Member.

46. Translations

Where KISS has provided you with a translation of the English language version of these Terms, you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with KISS.

If there is any contradiction between the English language version of the Terms and the translation, the English language version shall take precedence.

47. Downloads

Any material or software downloaded or otherwise obtained through the use of the materials is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material or software.

48. Defects and Errata

Service descriptions may contain design defects or errors known as errata which may cause the service to deviate from specifications.

49. Violations

In the case of any violation of these rules and regulations, KISS reserves the right to seek all remedies available by law and in equity for such violations.

50. Publicity

You will not make any public statement regarding these Terms, any aspect thereof, or InSite without our prior written approval, which may be withheld in our sole discretion. You permit KISS to make public statements about your use of InSite.

Further, KISS may include your company name in a list of InSite customers, in the same manner as KISS names other InSite customers generally, and may use your trade names, trademarks, service marks, logos and domain names for the purpose of advertising or publicizing your use of InSite.

51. Marketing

You agree that we may from time to time use your email address to send you helpful information about the Service, technical issues, upgrades and/or offers.

52. Support Communications

When requesting and receiving technical support (which KISS is under no obligation to give) or communications from KISS, you will not provide KISS with any information that is confidential to any third party.

53. Independent Contractors

You and KISS are not legal partners or agents, but independent contractors.

54. Idea Submission Policy

KISS or its Team do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new services or technologies, processes, materials, marketing plans or new product names.

Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when our Services or marketing strategies might seem similar to ideas submitted to KISS.

Please do not send your unsolicited ideas to KISS or anyone at KISS. If, despite our request that you not send us your ideas and materials, you still send them, please understand that we make no assurances that your ideas and materials will be treated as confidential or proprietary.

55. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website.

56. Entire Agreement

These Terms, our Privacy Policy, and Refund Policy (all of which are incorporated into these Terms by reference), and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.