Terms and Conditions
1. Scope and Provider
1.1 These General Terms and Conditions (GTC) govern the contractual relationships between us,
Feedbax
Owner: Armin Vakilpour
Holsteinstr. 10
41564 Kaarst
Germany
E-Mail: info [at] feedbax.io
and you, regarding the service packages offered by us under the domain feedbax.io for service providers.
If you wish to incorporate your own GTC that contradict our GTC, we do not agree with their validity.
1.2 The service packages on our website are exclusively aimed at customers who have reached the age of 18 and are considered entrepreneurs within the meaning of § 14 paragraph 1 BGB. Consumers are explicitly excluded. By placing your order, you confirm that you belong to the authorized group of users.
1.3 Our services and offers are made exclusively on the basis of the GTC listed here and the respective service description at https://feedbax.io/provider/dashboard?section=subscription&page=pricingoverview at the time of conclusion of the contract. The GTC also apply to all future business relationships, for example when an upgrade of a service package is booked, even if they do not have to be expressly agreed upon again.
1.4 The contract language is German or English.
1.5 You can access and print the current GTC at https://feedbax.io/terms-conditions
1.6 Customer service: You can reach our customer service for questions by email at customer-success [at] feedbax.io.
2. Definitions
2.1 Consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that can predominantly not be attributed to their commercial or self-employed professional activity (§ 13 BGB).
2.2 Entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction (§ 14 BGB).
2.3 Merchant within the meaning of these GTC is either the one who operates a commercial trade (§ 1 HGB) or the one who registers the name of his company in the commercial register (§ 2 HGB).
3. Subject of the contract
3.1 You can choose between three different memberships:
Starter Business Premium Enterprise
3.2 The specific scope of services of the respective membership is derived from the respective service description at https://feedbax.io/provider/dashboard?section=subscription&page=pricingoverview and the current technical status of the service and the service description at the time of the contract conclusion. This service description is available in the customer area for customers who have already been verified for free.
3.3 We are entitled to expand, change, or limit the services of Feedbax, provided this serves technological progress, is necessary to prevent misuse, or we are obliged to do so due to legal regulations. You only have a right to adjust fees or terminate the contract if the change in the scope of services significantly affects the contractual use of the service.
3.4 Feedbax reserves the right, by declaration in text form, to demand a reasonable price adjustment if cost increases or package changes occur after the conclusion of the contract. Such a price increase will only take effect if the customer has agreed to the increase request. If the customer does not give his consent within 14 days of receipt of the increase request also in text form, Feedbax is entitled to withdraw from the contract within a period of 14 days.
4. Conclusion of the contract
4.1 The service packages presented at https://feedbax.io/provider/dashboard?section=subscription&page=pricingoverview as well as our individual offer documents, which you receive from us by email, each represent a legally binding offer.
4.2 By clicking the "Subscribe now for a fee" button, you accept the offer for the respective membership legally binding. This concludes the contract for the services included in the respective membership between you and us.
4.3 After your subscription has been received by us, you will receive an email confirming that we have received your subscription (receipt confirmation).
4.4 You can print out the contract text before submitting the order by opening our GTC in a separate window in the last step of the order and using the print function of your browser.
4.5 With the receipt confirmation, you will also receive all order data and a copy of the GTC by email. You can also view your orders placed in your profile. We also save the contract text, but we do not make it accessible on the internet.
5. Taking over a company profile
If there is already a company profile for your company on Feedbax, which was previously managed by us and you would like to take it over, this requires a verification of your company affiliation and authorization by us. For the verification process, you must state your position in the company and send us your profile takeover request via the corresponding input mask. We will notify you by email as soon as your verification is completed.
6. Contract duration / termination
6.1 The annual membership begins with your order.
6.2 For an annual membership, the contract period is initially 12 months and is extended by another 12 months each, unless either you or we properly terminate at least 30 days before the end of the contract period.
6.3 The right of either party to terminate the contractual relationship without notice for good cause remains unaffected. However, the already paid annual fee for the membership will not be refunded.
6.4 Termination is done via the online function of our customer portal or in text form by email to customer-success [at] feedbax.io. If we terminate the contract, the termination is in text form by email to your email address that we have on file.
6.5 During a membership, you always have the option to switch to a higher membership level and to take advantage of the additional services immediately.
6.6 You are obliged to secure your data in case of termination before the end of the contract.
7. Prices / Payment
7.1 The prices stated on Feedbax are net and are plus the respective statutory VAT.
7.2 We generally accept the following payment methods: by credit card or SEPA direct debit if the registration as a paying customer is made via our online form.
7.3 For a fee-based annual membership, the annual fee must be paid in full in advance and becomes due immediately upon conclusion of the contract. For a contract extension, the following annual fees are due at the beginning of the following payment interval. We provide all invoices to you electronically as a PDF file.
7.4 If you choose payment by direct debit, you authorize us at the conclusion of the contract to debit the payments to be made by you from the account you have specified. You are obliged to ensure sufficient coverage of the account. If debiting from the account is not possible due to lack of coverage or the direct debit is reversed at your request, we are entitled to claim the costs incurred (e.g. return debit fees) additionally as minimum damage. In addition, we are entitled to charge a processing fee of €49.00 per direct debit, unless you prove that no or significantly less damage has actually occurred.
7.5 If you should fall into arrears with the payment, we have the right to refuse to perform due counter-services to you. In particular, in this case, we are entitled to temporarily block your profile including the information provided until the outstanding amounts have been paid in full. Further claims for damages due to default of payment remain reserved.
7.6 We are entitled to use payments to offset the oldest outstanding debt plus any reminder fees and interest on arrears that may be accrued on this, in the following order: interest, costs, principal claim.
7.7 We are entitled to assign our claims against you.
8. Your responsibilities
8.1 You are responsible for the content of your profile and the information you provide.
8.2 You are not allowed to transmit any content that violates legal regulations or the rights of third parties or that glorifies violence, is sexually explicit, discriminatory, racist, defamatory, or otherwise offensive or illegal. You will comply with the statutory provisions, in particular those of competition, copyright, trademark, and data protection law.
8.3 You may only use Feedbax to advertise your own business.
8.4 If you violate your obligations under 8.1 to 8.3, we have the right to temporarily or permanently block your profile and / or to terminate the contract without notice. Any costs incurred by us as a result of the breach will be borne by you.
9. Warranty
9.1 You acknowledge that it is technically impossible to achieve 100% availability of Feedbax. However, we strive to keep Feedbax as constantly available as possible.
9.2 Feedbax can temporarily be limited or interrupted due to maintenance work, further developments, or technical malfunctions. In such a case, we strive to remedy the problem as quickly as possible.
9.3 We do not guarantee the accuracy, completeness, reliability, or timeliness of the information that can be accessed via Feedbax.
10. Liability
10.1 We are liable for intent and gross negligence without limitation. In the event of slight negligence, we are only liable if an obligation is violated, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which you can regularly rely (cardinal obligation). In the event of a breach of a cardinal obligation, our liability in cases of slight negligence is limited to the damage that is foreseeable and typical for this type of contract.
10.2 The limitation of liability in 10.1 does not apply in the event of injury to life, body or health and claims under the Product Liability Act.
10.3 We are not liable for the legality, accuracy, or completeness of the content that is accessible on Feedbax or to which a link leads.
11. Privacy
Our privacy policy, which you can view at https://feedbax.io/privacy-policy, applies.
12. Change of the GTC
We reserve the right to change these GTC at any time without giving reasons. We will inform you of the change in text form at least 6 weeks before it takes effect. If you do not object to the change within this period and continue to use the services after the expiry of the objection period, the changes will be deemed to have been effectively agreed from this point in time. If you object, the contract will continue under the previous conditions.
13. Place of jurisdiction, applicable law, contract language
13.1 The place of jurisdiction for merchants, legal entities under public law, or special funds under public law is the place of our company headquarters. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or your place of residence or usual place of abode is unknown at the time the lawsuit is filed. The authority to also call the court in another legal place of jurisdiction remains unaffected.
13.2 These terms and conditions and the entire legal relationship between you and us are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Law (CISG).
13.3 The contract language is German or English.