Terms & Conditions
1. SUBJECT OF THESE TERMS AND CONDITIONS
1.1. These terms and conditions apply to the use of the “Conversario” online service (hereinafter: the “Software”) provided by us, ferret go GmbH, Brauerstraße 14, 16321 Bernau, Germany (hereinafter: “ferret go GmbH”, “we” or “us”). The Software simplifies community management on online platforms such as Facebook or 3rd party commenting tools. Users of our Software can manage incoming and outgoing comments within a team.
1.2. By using the Software, the user accepts these terms and conditions of use.
1.3. Every user is responsible for his or her own actions performed using our portal. We do not review comments reviewed or published via our software in detail and such content does not reflect our opinions.
2. USAGE AUTHORISATION AND SCOPE
2.1. Conversario will grant registered users fee-based use for a volume of comments to moderate (hereinafter “Conversario Subscription”). This will be a non-exclusive, non-transferable right, in return for payment and which may not be sub-licensed, to use the Software on ferret go GmbH’s systems. The Software will not be transferred to the user.
2.2. The entitlement to use our services only exists within the limits of current technology. Adaptations, modifications and supplements to the Software, and action taken to detect and rectify malfunctions, may result in a temporary interruption or may affect availability, where such is absolutely necessary for technical reasons. There may also be disruptions to interfaces with connected social networks such as Facebook or 3rd party commenting tools like disqus. We may not be held liable for such disruptions. In the event of a risk to network security or maintenance of network integrity, access to the services may be temporarily limited if necessary. Connection to the website is encrypted with a 256-bit SSL certificate.
2.3. We do not guarantee that the services will meet users’ requirements and expectations, that the services will be available continuously, reliably, securely and without errors, or that the results obtained from use of the services will be accurate and correct.
2.4. The user is not permitted to use our service in any way that violates legal regulations or public morality, or infringes upon the rights of third parties. Each user will be responsible for ensuring that his or her use of the services is lawful and does not violate any third-party rights
2.5. The user is prohibited from using or disseminating Conversario content and graphics without making reference to the source (”Conversario”) and linking to the content (e.g. https://conversar.io/en/products). The sale of content provided by Conversario is not permitted.
2.6. Conversario reserves the right (but is under no obligation) to review, reject or delete content within the services. The user acknowledges that he or she may be suspended as a result of using Conversario data that is offensive, indecent or otherwise objectionable.
3. CONVERSARIO SUBSCRIPTION / CONTRACT TERM / TERMINATION
3.1. The 30-day trial period is completely free of charge. After 30 days, the trial period simply expires with no obligation and no additional cost.
3.2. The user must subscribe as testing or contracting partner to use Conversario in a three step process.
3.2.1 In a first step the user must confirm the authorization by personal contact with ferret go GmbH via phone call, email, fax or written letter. He or she shall ensure that all information provided during the registration process is true and complete. The user warrants that he or she is either of legal age at the time of application or has the legal authority to act in the name of a contracting organisation.
3.2.2 In a second step Conversario will create a account with user login for the software.
3.2.3. In a third step the user explicitely enables Conversario with the permissions on his page with facebooks Connect (OAuth) flow.
3.3. Prices and contract periods will be determined with each contracting partner individually. Our Sales team will be happy to provide more information about this on +49 (0)3338 358 00 69
3.5. The contractual notice period will be 3 months. Notice must sent in writing to email@example.com or the following address:
ferret go GmbH Brauerstraße 14 16321 Bernau Germany
3.6. The right of both parties to terminate the contractual relationship for good cause remains unaffected. In particular, Conversario will deem there to be good cause where continuation of the contractual relationship until expiry of the notice period is not reasonable for Conversario taking into account all of the circumstances in the individual case in question and giving due consideration to the interests of both parties.
4. FACEBOOK INFORMATION AND TERMS AND CONDITIONS
4.2. Users may not assert any claims against Facebook in connection with participation in and use of our Software. Users acknowledge that our Software is in no way sponsored, supported or organised by Facebook and is in no way connected to Facebook.
4.3. All data and information communicated or collected by users is only disclosed to us and to Facebook. All questions and concerns regarding the Software should be addressed to us and not to Facebook
We accept liability for personal injury to the user incurred as a direct result of wilful acts, gross negligence or simply negligent breaches of material contractual obligations. In the case of simple negligence, liability will be limited to foreseeable damage. In the case of other damage, we will only accept liability in the event of grossly negligent or wilful conduct by us or by our vicarious agents. Such liability will be limited to the total fees payable according to the contracted invoicing period. This liability limitation will not apply to personal injury or in the case of grossly negligent or wilful conduct by us or by our vicarious agents.
7. FINAL PROVISIONS
7.1. In the event of individual provisions of these terms and conditions of use being, or becoming, invalid, or if an important matter is not covered therein, this will not affect the validity of the remaining provisions. In place of the invalid clause, the parties undertake to agree upon a provision which most closely reflects the original intended purpose or the purpose the parties would have agreed upon had they been aware of the invalidity.
7.2. Amendments and supplements to these terms and conditions of use must be in written form, make reference to these terms and conditions, and must be signed by both parties.
7.3. The place of fulfilment and place of jurisdiction for all disputes arising under this agreement will be the registered office of ferret go GmbH if the user is a businessperson or a legal entity under public law.
Last updated: January 2017