This agreement was written in German.
To the extent any translated version of this agreement conflicts with the German version, the German version controls.
General Terms and Conditions of InSite Webservices GmbH
Last updated on 27 July 2015.
Please read through these General Terms and Conditions (hereinafter referred to as ‘Terms and Conditions’) carefully.
By using InSite or registering an InSite Account, you declare your consent to these Terms and Conditions.
This is a legally binding agreement.
We, InSite Webservices GmbH, Westendstrasse 19, 60325 Frankfurt am Main, Germany (hereinafter ‘we’ and ‘us’), have developed the InSite Feedback application (hereinafter referred to as ‘InSite’ or ‘Service’) that can be accessed and used online at www.insite-feedback.com and other domains (hereinafter referred to as the ‘Website’).
Our company comprises employees, independent contractors and representatives (hereinafter referred to as the ‘Team’). InSite is a software as a service offering (SaaS) for the registration, management, editing and discussion of feedback, bugs and change requests for web projects.
As a user or customer of InSite, or as a representative of a company or an organisation that is a user or customer of InSite, you are a ‘Member’ (or ‘you’) according to these Terms and Conditions.
InSite basically differentiates between personal Accounts, which contain the Member information such as first name and surname, password and email (hereinafter referred to as ‘Account’), and work groups, which make it possible for you to create projects, invite other Members and create and process reports (hereinafter referred to as ‘Work Group’).
These Terms and Conditions, including the Imprint, the Data Privacy Statement, the information about the Right to Reimbursement and Data Security, define the conditions and terms according to which you are permitted to use InSite.
You can contact us any time if you have any questions or comments regarding these Terms and Conditions.
1. Area of validity
1.1 General area of validity
These Terms and Conditions apply for your use of InSite with all contents, functions, services and regulations for the contractual relationship between you and us.
InSite is a business application (b2b) that improves the feedback communication within Teams or between companies and customers. Therefore, our Service is primarily intended for companies and organisations.
These Terms and Conditions apply for companies and organisations, as well as consumers.
Companies and organisations are natural persons or legal entities or partnerships that exercise their commercial or freelance activity when concluding a business transaction.
Consumers are natural persons who conclude a legal transaction for purposes that are not attributable to their commercial or freelance activity.
The general terms and conditions of you, your company or your organisation only become a contractual component if we have expressly agreed to this in writing.
1.2 Extended Terms and Conditions
We can agree to additional Terms and Conditions with you for certain applications within InSite.
We shall notify you of such additional Terms and Conditions on a timely basis.
1.3 Additional services
We reserve the right to offer additional services with InSite.
2. Scope of the offering
2.1 Subject of the contract
The subject of the contract is the paid and unpaid use of our Service, which can be accessed via www.insite-feedback.com and other domains in the form of a web application.
The InSite software, application, widgets, integrations, tools, examples, templates, help, user interfaces, contents, information, data, graphics and other materials, whether in print, electronic or any other form are provided to you by us for a certain time exclusively for non-exclusive use (without the right to grant sub-user rights) – not sold – according to the conditions of these Terms and Conditions.
We retain proprietary rights to InSite and reserve all rights that are not expressly granted to you.
The Terms and Conditions also regulate all Service upgrades that replace or supplement existing functions, unless the upgrade is already regulated by a separate agreement.
We grant you a limited, simple, non-exclusive right of use for a specific time exclusively for the use of InSite in accordance with the conditions of these Terms and Conditions.
In order to be able to use InSite, you must
- be authorised to conclude legally binding contracts.
- have the necessary authorisation to permit InSite to collect, store and process data on your behalf.
- be a person who represents themselves or a company and/or an organisation. Accounts registered by so-called bots are not entitled to usage rights.
- consent to these Terms and Conditions.
- specify a correct email address by which we can reach you at all times.
By using InSite, you declare and guarantee that you fulfil all of the aforementioned conditions and authorisation for use and that you will not use InSite in any manner that violates legal regulations, public morals or the rights of third parties. Should you breach these conditions, we shall be entitled to temporary block of completely delete your Account and Work Groups created by you or parts thereof.
We are entitled to change this authorisation for use at any time.
2.3 Conclusion of contract
By using InSite or registering an InSite Account, you conclude a legally binding contract.
In order to be able to use InSite, you can register an InSite Account by specifying your first name and email address and choosing a password or you are authorised in the Website widget with your email address and your name.
If you register an Account on behalf of a company or an organisation, you and the company and/or organisation declare your consent and are jointly responsible for compliance with these Terms and Conditions.
You are not permitted to share your InSite access data with other persons.
2.4 Claim to conclusion of contract
There is no claim to conclusion of contract. We can reject your registration and/or request for use at any time without specifying reasons. Of course, in this case we will delete all your data.
InSite is available for you to use 24 hours per day, 365 days per year with an average annual availability of approximately 97 % (also referred to as the Service Level Agreement or abbreviated as ‘SLA’).
If maintenance work is necessary and InSite is not available to you as a result of this, we will notify you of this ahead of time, insofar as possible. Downtimes of InSite for maintenance purposes do not apply towards the SLA.
We are not responsible for internet or network-related downtimes and especially not for downtimes during which InSite cannot be reached due to technical or other problems that are outside of our area of influence (e.g. force majeure, fault of third parties).
2.6 Test phase (trial)
After registration of your InSite Account, you can create and use projects free of charge for a certain period within your Work Group provided by us (‘Trial’).
The duration and scope of this Trial is based on the current offering on our Website at the time of your registration. However, a claim to a Trial does not exist.
After the lapse of the Trial, your Account will continue to remain usable free of charge. You can be invited to Work Groups or create your own Work Groups free of charge in which you purchase a subscription.
The exact scope of service is specified in the description you can view online at www.insite-feedback.com/en.
2.7 Processing of data
You grant us the right to process, store and display all information, data and media – such as screen shots, descriptions, times and actions – provided by you directly or indirectly within the Service and to provide said information, data and media to other Members for further processing and use.
For further information about data processing, refer to the Data Privacy Statement.
2.8 Ownership disputes
Since we are not familiar with the internal processes of your company or your organisation and the nature of your personal relationships, we cannot determine who actually owns an Account and/or a Work Group.
You confirm that you will not request access to or information about an Account and/or a Work Group that you do not own. You resolve matters of dispute regarding ownership of an Account and/or a Work Group directly with the other party. We determine who owns an Account and/or Work Group based on the contact information specified within the Account and/or Work Group.
We will announce changes to these Terms and Conditions with the publication of a revised version on our Website and via email to your specified email address.
If you do not object to the validity of the new Terms and Conditions within fourteen (14) days, the new Terms and Conditions shall apply as accepted and take effect for continued and new use of InSite.
We will notify you separately of the meaning of the period and the right to object, as well as the legal consequences of remaining silent in a suitable form.
We are entitled to change or even discontinue the Website, Service or any function of InSite at any time and without specifying reasons.
You can view the current version of the Terms and Conditions online at any time: https://www.insite-feedback.com/en/terms.html.
3.1 Purchase of Work Groups
Every Member can create Work Groups. In the process, a Member is always the owner of the Work Group. This is initially the creator who is responsible for the Work Group.
While Accounts are used free of charge, creating Work Groups is subject to a fee after the lapse of the Trial.
We offer different subscriptions for the use of Work Groups. Current prices and service descriptions can be found online at www.insite-feedback.com/en/pricing.html.
With the purchase of a subscription, you confirm that you will pay the listed price of the subscription that you have chosen plus the applicable taxes and less any redeemed discounts.
Furthermore, you declare your agreement that documents such as invoices and purchase confirmations will be sent digitally via email to the address specified by you.
3.2 Payment and prices
Payment takes place according to the payment method selected by you at the beginning of the term of contract. The amount of the payment is determined according to the current price list at the time of purchase and the discounts described there.
Since InSite is primarily oriented towards companies and organisations, all indicated prices are net prices without the additional applicable statutorily prescribed value-added tax.
The value-added tax is shown as a separate item in the invoice.
If you upgrade your current subscription, we only adapt the payment conditions and rights; you do not begin a new subscription and you retain your current term.
The new price is billed to you less your payment already made for this term and the invoice is sent immediately after the upgrade is concluded.
If you downgrade your current subscription, we only adapt the payment conditions and rights; you do not begin a new subscription.
Consequences of a downgrade may entail a loss of content, functions can no longer be used and a reduced scope of service of your Work Group. We assume no liability for any such losses.
The regulations for reimbursements are specified in our document Information about the right to reimbursement, which is part of the Terms and Conditions.
3.6 Payment by credit card
As long as you are the owner of a Work Group and have selected credit card as a payment method, you will provide us with valid credit card information and this credit card will be charged for the amount of the authorised monthly and/or annual fees.
If you credit card expires, you will provide us with new, valid credit card information.
When you use a credit card, you are responsible and guarantee that you are authorised to use the credit card and that all accruing fees will be debited to the credit card and not rejected.
If we are not able to charge this credit card for any reason, we will attempt to contact you via email and we reserve the right to temporarily block your Work Group until the payment has been made.
3.7 Payment with PayPal
As long as you are the owner of a Work Group and have selected PayPal as a payment method, you will provide us with valid PayPal information and this PayPal Account will be charged for the amount of the authorised monthly and/or annual fees.
If you should delete or change your PayPal Account, you must provide us with the new, valid payment information.
When you use PayPal, you are responsible and guarantee that you are authorised to use the PayPal Account and that all accruing fees will be debited to this Account and not rejected.
If we are not able to charge this PayPal Account for any reason, we will attempt to contact you via email and we reserve the right to temporarily block your Work Group until the payment has been made.
3.8 Payments with SEPA direct debit
As a Member residing in Germany, you have the option of selecting the SEPA direct debit scheme as a payment method.
As long as you are the owner of a Work Group and have selected SEPA direct debit scheme as a payment method, you will provide us with valid bank Account information and this bank Account will be charged for the amount of the authorised monthly and/or annual fees.
When you use a bank Account, you are responsible and guarantee that you are authorised to use the bank Account and that all accruing fees will be debited to this Account and not rejected.
If we are not able to charge this bank Account for any reason, we will attempt to contact you via email and we reserve the right to temporarily block your Work Group until the payment has been made.
3.9 Payment by bank transfer: Payment on Account
As a Member residing in Europe and with selection of a subscription with an annual term, you have the option of choosing bank transfer as a payment method.
In this case, we will send you a new invoice after purchase or the start of a new term, which you can then pay promptly after receipt via bank transfer, indicating the specified purpose of use. In the meantime you already have full access to the purchased Work Group.
If, for any reason, the specified invoice amount has not reached our Account under the specified purpose of use within seven (7) days after receipt of the invoice, we will attempt to contact you via email and we reserve the right to temporarily block your Work Group until the payment has been made.
3.10 Default: missing payments
If you should enter in default of your payment obligations (already takes effect following the first non-payment), we shall be entitled to temporarily block your Work Group until the payment has been made.
We will contact you via email and attempt to process the payment again depending on the payment method.
If a payment has still not been made after seven (7) days, we have the right to terminate your contract without observing a cancellation period and to delete your Account and your Work Group(s).
In this case, you are still obligated to make payment.
The amount of damage shall be increased if we can prove that greater damages were incurred. We reserve the right to assert further claims based on default of payment.
3.11 Changes to the payment conditions
We are entitled to adjust the prices of our subscription at any time with the publication of a new price list on our Website. We are also entitled to change the prices of existing subscriptions with a lead time of fourteen (14) days until the next renewal of the term by sending a new price list to the email address specified by the owner of the Work Group.
4. Term of contract and cancellation
4.1 Use of Accounts free of charge
The contract over the use of Accounts free of charge is concluded for an indefinite period.
You can terminate the contract at any time by choosing the ‘Delete Account’ option in your Account settings, by means of which you delete your Account and terminate the contract.
Data that has not been saved is lost with the deletion of the Account, because we completely remove your Account. We will notify you of this again prior to the deletion.
As long as you are the owner of a Work Group, you cannot delete your Account. However, if you still want to delete your Account, you must either transfer the ownership rights to the Work Group to another Member or delete the Work Group.
We reserve the right to terminate the contract at any time and to delete your Account without specifying reasons.
4.2 Use of Work Groups for a fee
The purchase of a subscription for the use of Work Groups for a fee is concluded for a specific, fixed minimum term. Each subscription is based on an annual or monthly term and is automatically extended by the equal length of time if it is not cancelled before the end of the current term.
You are solely responsible for deletion of your Work Group as described below and thus cancelling your subscription. An email, telephone enquiry or similar action is not sufficient.
You can cancel your subscription at any time by choosing the ‘Delete Work Group’ option in your Work Group settings, by means of which you delete your Work Group and cancel the subscription. The subscription then continues until the end of the agreed term and is no longer renewed.
Data that has not been saved is lost with the deletion of the Work Group, because we completely remove your Work Group. We will notify you of this again prior to the deletion.
If you upgrade or downgrade your subscription, it is not equivalent to a cancellation. We only adapt the payment conditions and rights of your Work Group to the changed subscription.
We can cancel the subscription at any time, effective at the end of the term, without specifying reasons.
4.4 Termination on important grounds
The contract can also be terminated on important grounds.
Important grounds that entitle use to terminate the contract are provided if you breach contractual duties, particularly the conditions of use or enter into default of your payment obligations.
We are only liable for defects of InSite according to the measure of Article 5 of these Terms and Conditions insofar as the impairments are not based on limitations in availability (SLA).
It is always a defect if the suitability for use as specified in the contract is no longer provided or has been diminished to an extent that is not insignificant.
If the suitability for use as specified in the contract has been suspended completely, you shall be released from your payment obligation until the defect has been rectified.
In the case of partial unsuitability, the payment shall be reduced to a reasonable extent for the time until the defect has been rectified.
You are obligated to immediately notify us of defects that have occurred.
5.2 Compensation for damages
You do not have any claim to compensation for damages based on a defect of InSite existing at the time of the conclusion of contract or at a later time, or based on circumstances for which we are not responsible.
You assume fully responsibility for any losses that are incurred due to your use of our Website, the InSite application, widget, integrations and Service. This also pertains to losses arising from downloads from the Website and within the application.
Under no circumstances are we liable for indirect damages, consequential damages, special or additional damages or compensation for damages, even if they are based on negligence or we were notified of the possibility of damages.
Our maximum liability is limited to the amount that you have paid us for the period of the month for use of the Service for all claims asserted against the Service.
5.3 Limitation of liability
Claims and rights beyond and in addition to the claims and rights expressly mentioned in Article 5 of these Terms and Conditions based on defects of InSite are barred insofar as we are not liable on the basis of mandatory statutory regulations.
We shall strive to provide the best possible Service. Nevertheless, InSite is only provided ‘as is’, which means without an express or concluded warranty or guarantee of characteristics with regard to the Services or its functions – and this is a joint understanding of the contractual parties.
In particular, we do not guarantee the suitability of the Service for a specific purpose or for a purpose that can be expected in general and from a similar service according to prudent judgement.
Insofar as nothing expressly different has been agreed upon, we do not provide any warranty or guarantee; the generally applicable warranty regulations shall apply.
You use InSite at your own risk.
5.4 Liability for unpaid use
Liability and all claims to compensation for damages are excluded for use of the areas of InSite that are free of charge.
5.5 Liability for paid use
We are liable as follows for the Work Groups provided for a fee: All claims to compensation for damages are excluded.
Exceptions to this are claims to compensation for damages based on injury to the life, limb or health or the breach of a significant contractual duty (cardinal duty) as well as liability for other damages that are based on intent or a grossly negligent breach of duty on our part or by our legal representatives or vicarious agents.
Cardinal duties in the sense of these Terms and Conditions are such duties that are only possible with the proper execution of the contract and the achievement of its purpose and to which you must normally be able to expect adherence.
With a breach of significant contractual duties, we shall only be liable for the foreseeable damages typical for this type of contract, if this was due to simple negligence, unless it should involve damage claims based on injury to the life, limb or health.
The limitations also apply for the benefit of our legal representatives and vicarious agents, if claims are asserted against them.
5.6 Liability exemption
You indemnify us from all claims, including claims to compensation for damages that other employees, your customers or third parties, including public officials, assert towards us based on a violation of their rights by the contents that you have placed on InSite.
You also indemnify us from all claims, including claims to compensation for damages that other employees, your customers or third parties, including public officials, assert towards us based on a violation of their rights resulting from your use of InSite.
You assume all reasonable expenses, including the reasonable expenses incurred by us for the legal defence, which we have incurred based on a violation of third-party rights by you.
All further rights and damage claims by us shall remain unaffected. You have the right to prove that the expenses that we actually incurred are lower.
5.7 Legal fees
If we must file suit against you because you have violated these Terms and Conditions and we are proved correct, we shall be entitled to demand reimbursement for reasonable legal fees, compensation for damages and other recognised costs for legal protection from you.
5.8 Subpoena expenses
If we must prepare information in order to respond to a summons in connection with your Account or your Work Group(s), we shall bill you for the expenses.
These expenses can consist of the time of solicitors and employees to receive the documentation, prepare documents and to draft the deposition.
6. Cancellation policy
6.1 Right of cancellation
You have the right to cancel this contract within fourteen (14) days without specifying reasons.
The cancellation period is fourteen days from the day of the conclusion of contract.
In order to exercise your right of cancellation, you must inform us,
InSite Webservices GmbH,
60325 Frankfurt am Main,
of your decision to cancel this contract by means of a clear declaration. ￼￼ For adherence to the cancellation period, it is sufficient that you send the notification that you are exercising the right of cancellation before the lapse of the cancellation period.
6.2 Consequences of cancellation
If you cancel this contract, we must reimburse all payments that we have received from you promptly, no later than fourteen (14) days from the day on which we receive notification of your cancellation of this contract.
We normally use the same payment method for the repayment that you have used for the original transaction, unless we have expressly agreed upon something different with you; we will not charge fees on the basis of this repayment in any case.
6.3 Sample cancellation form
If you wish to cancel the contract, please fill in the square brackets in the following form with your information and send it from your email address used in InSite to firstname.lastname@example.org.
My name is [first name and surname].
I hereby cancel the contract of [day, month, year] concluded by me for the purchase of the following service:
[chosen subscription][purchase confirmation no.]
7. Data privacy
We only use information in accordance with our Data Privacy Statement, which is part of these Terms and Conditions.
8.1 No unlawful content
You may not upload or provide access to any files with contents or representations of violence, contents that are discriminating, offensive, racialist or defamatory, or other unlawful content or representations. Images or photos with persons other than you may only be used on InSite if these persons have given their consent.
In particular, you may not use or distribute any data or contents, such as texts, images, graphics and links that violate legal regulations or violate third-party copyrights, property rights or other rights of third parties.
We assume no responsibility whatsoever for the texts provided by you or other Members, contents, images, data or other information that you have prepared or for content on linked external websites.
We do not provide any guarantee, in particular, that this content is true, fulfils a specific purpose or can serve a purpose.
You are responsible for the data and contents provided by you. We do not check the content for its correctness, freedom from viruses or processability with respect to viruses.
8.2 Deletion of data
You and we can delete or replace images and files that are used at any time.
We are entitled, in particular, to remove images or files, even without prior notification, if and to the extent that there is concrete evidence that a violation of statutory regulations, public morals or the rights of third parties would occur with the publication on InSite.
8.3 Violation against a copyright holder
Contents and texts used on InSite may not be copied without the approval of the copyright holders, disseminated or made publicly accessible in another manner – unless this is permitted by law or necessary.
You have the possibility of uploading a profile image in your profile and other content, if applicable. Before uploading any photos, you are obligated to ensure that you are entitled to exclusive usage rights to the photo and to making the image publicly accessible and that other content does not violate statutory regulations, public morals or the rights of third parties.
8.4 Refraining from harassment
Harassing actions such as the sending of chain letters, marketing or insinuating and/or sexually characterised communication are prohibited.
8.5 Prohibition on attacks
Making attacks on the functionality of InSite, such as sending mass emails (SPAM), carrying out DoS (Denial of Service) attacks of any type, hacking attempts, brute force attacks, the use or sending of espionage software, viruses and worms are prohibited.
8.6 Fair use policy
InSite is a service for everyone and everywhere. In the process, our Members form an exclusive community that shares specific resources based on physical limitations.
In order to guarantee that all Members fairly enjoy the best possible experience in a well-balanced manner and enjoy the best possible Service quality, we have developed tools in order to identify excessive, disproportionate use by individual Members.
In order to offer all Members fair access to InSite, we work with the so-called Fair Use Policy.
If we recognise continuously excessive behaviour of a Member that goes well beyond the average values of other Members, we will contact this Member and request that they agree to a larger subscription commensurate to their behaviour.
If the Member should not be prepared to agree to a larger subscription, we consider ourselves obligated to terminate the contract and to exclude the Member from InSite for the protection of other Members.
8.7 Reporting misuse
If you notice or suspect illegal use of InSite or use in violation of contract, you can notify us of this at any time via the email address email@example.com.
9. Miscellaneous: Final provisions
9.1 Applicable law
The law of the Federal Republic of Germany shall apply.
The exclusive jurisdiction for all disputes arising from this contract is Frankfurt am Main in Germany.
You may only assign claims from this contract to third parties with our written consent.
9.4 Partial nullity clause
If individual provisions of these Terms and Conditions should be or become invalid or violate statutory regulations, the validity of the remaining Terms and Conditions shall remain unaffected.
The contractual parties shall amicably agree to replace the invalid provision with a provision that comes as close as possible to the economic purpose of the invalid provision in a legally valid manner. The preceding regulation shall apply accordingly for loopholes.
9.6 Backup of data
You will take the appropriate precautions to regularly save the data and content that you have entered, uploaded and saved commensurate to the risk and to create your own backup copies in order to ensure the reconstruction of data and information in the event of loss.
9.7 Identity of Members
It is not technically possible for us to ensure with certainty whether a Member registered on InSite actually has the identity that they have provided. Therefore, we cannot provide any guarantee for the correct identity of Members.
9.8 Force Majeure
You will not hold us responsible for delays, errors or failures of the Service that are outside of our area of influence and thus take place beyond our control.
This includes, but is not limited to force majeure, statutory changes, embargoes, war, terror attacks, unrest, fires, earthquakes, nuclear accidents, zombie apocalypses, floods, strikes, power failures, volcanic activities, unusually severe weather conditions and attacks of hackers or third-party internet service providers.
9.9 Precision and completeness
We do not guarantee that the information, text, graphics, links or other elements within InSite, the Website or other materials are precise and complete.
We provide translations of the German version of these General Terms and Conditions and other content in the appropriate places to provide a better understanding.
These translations are only provided as a convenience and we do not guarantee that they are precise and complete. You confirm that the German version of these General Terms and Conditions is definitive for the relationship between you and us.
If there is any contradiction between the German version of the General Terms and Conditions or other contents and a translation, the German-language version always has priority.
9.11 Defects and errata
Service descriptions may contain construction-based defects and errors, so-called errata, which may mean that the Service deviates from the specifications.
9.12 References (use for advertisement)
You permit us to make public declarations about your use of InSite.
Furthermore, you permit us to list your company or organisation name in a list of InSite customers. For this purpose, we may use the trade name, brands, logos and domain names of your company or your organisation for the purpose of marketing and publication of InSite.
You confirm that we may occasionally use your email, insofar as you are a Member, in order to send you helpful information about our Service, technical problems, upgrades or offers. You can unsubscribe from the newsletter at any time using the appropriate link within the emails.
If you have support enquiries, receive assistance or communicate with our Team, you will not entrust us with any information that is confidential towards third parties.
We are not obligated to provide you with assistance or answer your support enquiries.
9.15 Independent contractual partners
You and we are neither legal partners nor agents; we are contractual partners acting independently of each other.
Any message to you becomes effective if we sent it to your current email or physical address that you have specified.
9.17 No reconstruction
You are not entitled to and you agree to refrain from the following activities and enabling others to carry out the following activities:
copying, decompiling, reverse engineering, disassembling, decrypting or modifying the InSite source code or parts thereof.
Furthermore, you are not permitted to derive the InSite source code or your own services from the Service.
With InSite, we offer you a Service that enables independent networking of Members. For this purpose, we provide you with the technical conditions in the form of the Application.
You can be invited to projects and Work Groups that have been created by other Members. However, a claim to this does not exist.
It is at the discretion of Members to decide who they invite to their projects and/or Work Groups.
9.19 Your password
You are responsible for ensuring the secrecy and security of your password.
This means that you initially choose the safest possible password and keep it secret, refrain from disclosing it, do not permit or enable its communication to third parties and take the appropriate measures to ensure confidentiality.
In the event of misuse or a loss of your password or suspicion thereof, you are obligated to notify us of this via email to firstname.lastname@example.org without delay.
We are not responsible for any losses resulting due to stolen or hacked passwords.
For security reasons, we do not have access to your password and can only reset it.