General Terms and Conditions - ReachOut

1.0 Preface

By clicking "I accept the TOS" or by downloading, installing, otherwise accessing or using the Service, you agree that you have read and understand the following TOS and, as a condition of your use of the Service, you agree to be bound by the following TOS, including the Visit4me Privacy Policy. If you are not authorized or do not agree to the Terms, then you do not have our permission to use the Service.

1.1 Scope of the General Terms and Conditions of Business

The following terms and conditions apply to all services and products of Visit4me UG (haftungsbeschränkt), especially to the offers regarding social selling services, profile makeover (LinkedIn profile optimization) and the use of ReachOut. Please refer to the respective offers for a detailed description of services.

1.2 Offer and conclusion of contract

All offers you receive from Visit4me UG (haftungsbeschränkt) are subject to change and non-binding. A contract between you as a customer and Visit4me UG (haftungsbeschränkt) is only concluded by your order and its acceptance by Visit4me UG (haftungsbeschränkt). Visit4me UG (haftungsbeschränkt) accepts your order by sending a confirmation by e-mail or implicitly by providing the service ordered by you.

1.3 Warranty

Applicable are the legal warranty regulations of the service contract, §§ 611 ff. BGB (GERMAN CIVIL CODE).

1.4 Termination

The term of the contractual cooperation depends on the respective offer. If there is no regulation on the term, the contractual relationship between you and Visit4me UG (haftungsbeschränkt) is concluded for a term of one year. An ordinary termination is possible for the first time with a notice period of three months to the end of the year. If no notice of termination is given, the contractual relationship will be extended for another year. The aforementioned notice period shall apply accordingly.

The contract may otherwise be terminated for cause by either party, if

  • it is unreasonable for one party to the contract to adhere to the contract until the date of ordinary termination due to serious breaches of contract by the other party,
  • the relevant breaches of contract have been warned in writing at least once, setting a deadline, and
  • no more than two months have elapsed from the date of unsuccessful warning.

1.5 Naming reference

You as a customer grant Visit4me UG (haftungsbeschränkt) the right to use your company name and logo as a reference in the context of advertising.

1.6 Limitation of Liability / Indemnification

Visit4me UG (haftungsbeschränkt) is liable in case of intent and gross negligence according to the legal regulations. In case of slight negligence Visit4me UG (haftungsbeschränkt) shall only be liable if an essential contractual obligation (cardinal obligation) is violated or in case of delay or impossibility. In case of liability due to slight negligence, this liability is limited to such damages that are foreseeable or typical.

1.7 Exclusivity / Reporting

For security reasons, the cooperation in the area of LinkedIn services is exclusive, i.e. unless expressly agreed otherwise, you may not commission an agency with the same services or use a similar IT solution. Reporting will be provided in the aforementioned areas in accordance with the conditions in the offer.

1.8 Payment term / Default

Unless otherwise agreed in the offer, the term of payment for all services shall be 14 days from the date of invoice. In case of default of payment on your part, the claims of Visit4me UG (haftungsbeschränkt) shall be governed by the statutory default provisions. Visit4me UG (haftungsbeschränkt) has the right to charge you in case of a proven higher damage caused by delay.

1.9 Confidentiality Agreement

The contracting parties mutually undertake to keep secret all data, information and documents received within the scope of this contract. This obligation shall continue to apply for 2 years from the time of the first initiation of the contract and beyond the termination of this contract.

1.10 Changes

Visit4me UG (haftungsbeschränkt) reserves the right to change these general terms and conditions at any time. Visit4me UG (haftungsbeschränkt) will notify you of any changes at least four weeks before the change becomes effective. If you do not object to the change of the terms and conditions within four weeks after receipt of the change notification by writing to the business address of Visit4me UG (haftungsbeschränkt), the changed terms and conditions shall be deemed accepted by you. In case you do not agree to the changes, Visit4me UG (haftungsbeschränkt) reserves the right to terminate the contract.

1.11 Jurisdiction agreement

If you are a merchant, the place of jurisdiction is the registered office of Visit4me UG (haftungsbeschränkt) in Berlin. Otherwise, the statutory provisions shall apply. German law shall apply.

2. agency services:

2.0 Services Overview

Visit4me UG (haftungsbeschränkt) supports in addition to the SaaS offer by consulting and coordinating campaigns in form of the Success Manager.

2.1 Services Costs

Insofar as costs are charged for the technical implementation of the campaigns as part of the service provision, Visit4me UG (haftungsbeschränkt) is entitled to charge you for these costs. This applies in particular to the costs of technical interfaces for campaign control (e.g. LinkedIn Premium Account, Sales Navigator license or comparable interfaces of other providers), the costs of which will be charged to you monthly in the amount actually incurred.

2.2 Participation of the customer / search filter / accessibility

2.2.1 As a customer, you are obliged to provide the necessary cooperation services to enable Visit4me UG (haftungsbeschränkt) to perform the contractual services. Individual search filters can be freely selected by Visit4me UG (haftungsbeschränkt) within the campaign booked by you. However, you are free to object to the use of individual search filters.

2.2.2 In order to ensure the performance of the contractually determined services, you as the customer undertake to run the software to be installed on your end device (computer) in the background as agreed.

2.2.3 If you fail to provide cooperation services in due time, Visit4me UG (haftungsbeschränkt) may, at its own discretion, provide them or hold you liable for the resulting damage or limit the booked services.

2.2.4 In order to ensure Visit4me UG (haftungsbeschränkt)'s performance in accordance with the contract, you undertake, without any special compensation, to create all technical conditions to enable Visit4me UG (haftungsbeschränkt) to perform its services in accordance with the contract. As a customer, you must also ensure that Visit4me UG (haftungsbeschränkt) is provided in a timely manner, i.e. with sufficient advance notice, with the fully requested information and content for the performance of the service. Insofar as drafts, programs, test versions or similar documents are submitted to you before or during the provision of the service, you must carefully check these with regard to compatibility with respect to your own systems and point out any problems or system conflicts that may exist. If you fail to comply with the aforementioned notification obligations, the agreed completion dates shall be extended accordingly or the service rendered in the service period shall be reduced.

2.3 Copyright / Trademark Use

2.3.1 Insofar as Visit4me UG (haftungsbeschränkt) develops services for you within the scope of its services that are capable of being protected by trademark rights, Visit4me UG (haftungsbeschränkt) shall be entitled to all copyrights and exploitation rights thereto. Any reproduction, use or disclosure not expressly authorized is prohibited.

2.3.2 Visit4me UG (haftungsbeschränkt) is granted the right to use your company name, logos and trademarks for the campaigns commissioned by you. This applies in particular to the use in the ad text, source code and the URL associated with it. If, due to multiple bookings and/or a violation of the exclusivity of these GTCs through fault or no fault of your own, proof of exclusivity is required vis-à-vis Google or another provider for the customer relationship, or for the use of the brand, you agree to provide all documents and records required for this purpose. This applies in particular to an extract from the trademark register, or all documents and declarations required for ownership of the trademark.

2.4 Protection of know-how

Copyrights and protectable know-how for technologies and processes used for LinkedIn Social Selling campaigns are held by Visit4me UG (haftungsbeschränkt). You are aware that these copyrights and protectable know-how represent a significant entrepreneurial value of Visit4me UG (haftungsbeschränkt). In order to protect this value, you agree to keep confidential all documents, data and other information received from us in connection with the contractual relationship, as well as basic information, information about inventions, developments and processes, regardless of the manner and form in which you receive them.

2.5 Exemption / No legal advice

2.5.1 Visit4me UG (haftungsbeschränkt) does not check used keywords or texts with regard to trademark law or copyright. The legal responsibility in this respect lies with you. If Visit4me UG (haftungsbeschränkt) is held liable by third parties due to trademark or copyright infringements, you shall indemnify Visit4me UG (haftungsbeschränkt) upon first request from all legal claims and costs. This includes in particular the costs of legal prosecution. This obligation on your part shall apply regardless of which services and/or products are commissioned.

2.5.2 Visit4me UG (haftungsbeschränkt) expressly points out that the automation and outsourcing of LinkedIn activities can lead to the fact that your LinkedIn profile in exceptional cases can be negatively evaluated and indexed by the Linkedin search engine.

and indexed by the Linkedin search engine. In rare cases, the LinkedIn profile may also be blocked for disregarding the User License and Community Guidelines.

Claims on your part due to such an evaluation or restriction on LinkedIn, which cannot be influenced by Visit4me UG (haftungsbeschränkt), are excluded.

2.6 Disclaimer:

Neither ReachOut nor Visit4me UG (haftungsbeschränkt) is endorsed by or affiliated with Linkedin Corporation, which is registered in the United States and other countries. Linkedin is a trademark of Linkedin Corporation.

Your use of ReachOut may not be in compliance with Linkedin's User Agreement and may result in the restriction, up to and including permanent suspension, of your account. You understand that you use ReachOut at your own discretion and risk.

3 ReachOut Software Usage

3.1 Service Overview

ReachOut provides web and desktop based tools to capture, manage and automate contacting of business contacts across multiple platforms and services.

3.2 Login

To access most features of the service, you must register for an account. When you register for an account, you will be required to provide us with some information about yourself, which may include your name, email address, or other contact information. You agree that the information provided to us are accurate and that you will keep them accurate and up to date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account, your password, your information contained in the account, and you assume responsibility for all activities that occur under your account. If you believe that your account is no longer secure, you must notify us immediately at moritz.tittler@reach-out.app.

3.3 Third Party Services and Linked Sites.

ReachOut may make tools available through the Service that allow you to interact with and export information to third party services, including features that allow you to link your account at ReachOut to an account at the third party service. You are solely responsible for maintaining your accounts on those Third Party Services in good standing and for complying with applicable Third Party Terms of Use and laws. By using any of these tools, you authorize ReachOut to act as your agent and to act on your behalf on or

through the Third Party Services, and you agree that ReachOut may transmit information to or from the applicable Third Party Services on your behalf and execute commands on or through such services at your direction. Third party services are not under the control of ReachOut. The Service may also contain links to third party websites. Linked websites are not under the control of ReachOut and ReachOut is not responsible for their content.

3.4 Third Party Software

The Service may contain or incorporate third party software components that are generally available free of charge under licenses that grant recipients broad rights to reproduce, modify and distribute those components ("Third Party Components"). Although the Service is provided to you under these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable Third-Party Licenses or to restrict your use of Third-Party Components under such Third-Party Licenses.

3.5 Price

ReachOut reserves the right to set prices for the Service. ReachOut will use reasonable efforts to keep pricing information posted on the Website up to date. We encourage you to check our website periodically for current pricing information. ReachOut may change the fees for any feature of the Service, including additional fees or charges, if ReachOut notifies you of the changes prior to their application. ReachOut may, in its sole discretion, offer promotional offers with different features and different pricing to any ReachOut customer. These promotional offers, unless directed to you, do not apply to your offer or these Terms. The prices communicated are net in each case.

3.6 Refunds.

Except for the refunds described in this section, all fees are non-refundable. In connection with your Account registration, ReachOut may, in its sole discretion, offer you a one-time right to a refund of fees paid for an initial period of time specified at the time of the offer (a "Refund"). Refunds are subject to the terms and conditions set forth at the time of registration. You are entitled to a refund only once; registering and requesting refunds for multiple accounts is strictly prohibited. Refunds will be refunded to the payment method used for the original purchase and may take up to 30 days to process.

3.7 Delinquent Accounts.

ReachOut may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which an amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be subject to fees or

charges incurred in a chargeback or collection of the unpaid amount, including collection fees.

3.8 Prohibited Conduct

By using the Service, you agree not to:

1. use the Service for illegal purposes or in violation of local, state, national or international laws, including but not limited to laws regarding spam or unsolicited communications;

2. harass, threaten, humiliate, embarrass or otherwise harm other users of the Service;

3. infringe or encourage others to infringe the rights of others, including by infringing or misappropriating the intellectual property rights of others;

4. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or restrict the use or copying of Content; or (ii) reverse engineering or otherwise attempting to discover the source code of any part of the Service, except to the extent the activity is expressly permitted by applicable law;

5. interfere with the operation of the Service or a User's use of the Service, including by: (i) uploading or otherwise distributing viruses, adware, spyware, worms or other malicious code; (ii) making an unsolicited offer or solicitation to another user of the Service or a third party service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment or server connected to or used to provide the Service;

6. engage in fraudulent activities, including impersonating a person or entity, claiming a false affiliation, accessing another Service account without permission;

7. access or materials granted under these Terms or the right or ability to view, access or use, sell or otherwise transfer any materials;

3.9 Governing Law

These Terms shall be governed by the laws of the Federal Republic of Germany without regard to its conflict of law principles. We operate the Service from our offices in Germany, and we give no assurances that the materials contained in the Service are appropriate or available for use in other locations.

3.10 Privacy Policy

Please read the Privacy Policy carefully for information about our collection, use, storage and disclosure of your personal information.

The ReachOut Privacy Policy is incorporated into and made a part of these Terms by this reference.

3.11 Notice Regarding LinkedIn.

You understand that LinkedIn Corporation, like any other third-party software or tool, does not endorse the use of ReachOut nor is it affiliated with ReachOut in any way.




Contact

How to reach us

Visit4me UG (limited liability)

Gasteiner Straße 13 10717 Berlin Germany

+49 163 25 98 238

info@visit4.me

Small curve

Kostenlose LinkedIn Analyse

Wir analysieren gemeinsam deine Strategie und dein Auftreten auf LinkedIn.