These Terms of Service (“Terms”) constitute a binding legal agreement between topaestheticplaces.com (“we”, “our”, or “the Platform”) and the company or organization requesting our services (“Company”). By entering into a Service Agreement with us, the Company agrees to be bound by these Terms in full.
1. Scope of Services
topaestheticplaces.com provides services related to the collection, publication, aggregation, and analysis of customer feedback, including ratings, reviews, and other forms of user-submitted content. This includes the use of proprietary software tools to facilitate the collection of Feedback, display it on Certified Review Pages, and provide the Company with access to tools for monitoring and engaging with such Feedback.
Acceptance of the Service Agreement constitutes full acceptance of these Terms and the Data Policy incorporated herein.
2. Definitions
- End Customer: A customer of the Company who is invited to submit Feedback based on a completed transaction.
- Feedback: Any content submitted by End Customers, including ratings and textual reviews.
- Feedback Request: A communication initiated by the Platform, inviting an End Customer to provide Feedback.
- Service Agreement: The legally binding contract between topaestheticplaces.com and the Company outlining the scope and conditions of service.
- Service Period: The duration of the Service Agreement, which continues until terminated per the Terms herein.
- Certified Review Page: The online page hosted by topaestheticplaces.com containing published Feedback and Company information.
- Marketing Materials: Visual or digital assets such as seals, badges, widgets, or logos representing collected Feedback or the Platform’s brand.
- Client Backend: The password-protected dashboard where the Company can access tools, view Feedback, manage communications, and download Marketing Materials.
3. Service Activation
3.1 By signing the Service Agreement, the Company confirms it is a registered legal entity and has the authority to engage in commercial contracts.
3.2 The Agreement may be concluded via online submission, email, or signed hard copy. The contract becomes effective on the date of acceptance or as otherwise specified.
4. Rights and Ownership
4.1 Marketing Materials
The Company is granted a limited, non-transferable right to use Marketing Materials during the Service Period. Any unauthorized modification or use of these materials, especially in a misleading context, is strictly prohibited. Upon termination, all rights to use such materials are revoked.
4.2 Systems and Services
Access to tools and systems provided by topaestheticplaces.com is limited to the duration of the Service Agreement. No rights of ownership, transfer, or licensing are granted to the Company beyond the agreed-upon usage.
4.3 Feedback
Feedback remains the intellectual property of topaestheticplaces.com during the Service Period. We may publish it on our platform, the Company’s Certified Review Page, or through third parties (e.g., Google). Upon termination—if the Company is not in breach of these Terms—it may request a full export and transfer of publishing rights to all collected Feedback.
5. Company Obligations
5.1 The Company must maintain accurate business and contact information and promptly notify us of any changes.
5.2 The Company must use our tools and Marketing Materials honestly and transparently. Manipulation of Feedback, unauthorized modifications, or misrepresentation of ratings is prohibited.
5.3 If Feedback is collected from a subset of End Customers, the Company must notify us in writing. If the subset is not representative, we reserve the right to publicly disclose this on the Certified Review Page.
5.4 Access credentials to the Client Backend must remain confidential and restricted to authorized personnel only. Any suspected breach must be reported immediately.
5.5 The Company is solely responsible for compliance with all relevant laws and regulations, particularly concerning privacy, data protection, and communication with End Customers.
5.6 The Company must ensure Feedback Requests are based on accurate contact data and appropriate consent. We reserve the right to suspend services if the bounce rate exceeds 1% or if Feedback Requests are flagged as spam.
5.7 The Company must ensure all business operations comply with applicable laws. Violations may result in immediate termination.
5.8 The Company must not associate our brand or Marketing Materials with any illegal, offensive, discriminatory, or otherwise inappropriate content.
6. Feedback Policy
6.1 We aim to maintain the integrity and transparency of all published Feedback. However, we reserve the right to reject, edit, or remove content that:
- Contains vulgar, defamatory, or false claims;
- Discloses personal data or references third parties;
- Contradicts its rating or is irrelevant to the service;
- Is subject to a legal order or takedown request;
- Has been retracted or corrected by the author.
6.2 These editorial standards may evolve to reflect changes in legal, ethical, or business contexts.
6.3 If we detect fraudulent Feedback or any misuse of the system, we reserve the right to delete such Feedback, restrict submission privileges, and/or terminate the Service Agreement.
7. Improper Use
7.1 In the event of a breach of these Terms, we reserve the right to:
- Revoke access to all services and tools;
- Suspend or remove the Certified Review Page.
- Remove Marketing Materials from display.
- Terminate the Service Agreement without notice;
- Seek damages or other legal remedies.
7.2 The Company shall be liable for any damages incurred by topaestheticplaces.com as a result of its misconduct or non-compliance.
8. Confidentiality
8.1 Both parties agree to maintain the confidentiality of all shared proprietary information. Confidential Information includes, but is not limited to, technical, commercial, or personal data, whether marked as confidential or not.
8.2 Exceptions include information that:
- Was already publicly known or lawfully obtained;
- Was independently developed;
- Is required by law to be disclosed, provided the disclosing party is notified in advance.
8.3 Both parties will ensure their employees or agents with access to Confidential Information are bound by equivalent confidentiality obligations.
8.4 topaestheticplaces.com adheres to European data protection laws and will process personal data solely for purposes related to service delivery, compliance, and fraud prevention.
9. Term and Termination
9.1 Unless otherwise agreed, the Service Agreement automatically renews for successive terms. The Company may terminate:
- With 7 calendar days’ notice before the end of the current term (for contracts 3 months or shorter);
- With 30 calendar days’ notice (for contracts longer than 3 months).
9.2 The Service officially commences once system access has been granted and setup is complete. If the Company fails to complete setup within 30 days without notice, topaestheticplaces.com may initiate billing regardless.
9.3 Early access to services does not affect the Company’s obligations under these Terms, even if the Service Period officially begins later.
10. Payment Terms
10.1 Base Fees are due by the last day of the calendar month in which the Service Term begins. Flex Fees are payable in the month in which they accrue. All setup and customization fees are incorporated into the Base Fees unless otherwise specified.
10.2 Failure to pay may result in immediate termination of service, deletion of collected Feedback, and revocation of access to tools and data.
11. Disclaimers and Liability
11.1 Disclaimer of Warranty
Except as expressly stated, topaestheticplaces.com provides its services “as is,” without warranties of any kind. We do not guarantee uninterrupted or error-free access and accept no responsibility for service delays or interruptions caused by external factors.
11.2 General Liability
We accept liability only in cases of gross negligence or intentional misconduct by our staff.
11.3 Exclusion of Damages
Neither party shall be liable for indirect, incidental, or consequential damages, including loss of data or revenue. We are not responsible for any negative commercial impact due to poor reviews or public Feedback.
11.4 Limitation of Liability
topaestheticplaces.com’s total liability is limited to the amount paid by the Company under the Service Agreement.
11.5 Indemnification
The Company agrees to indemnify and hold topaestheticplaces.com harmless from any third-party claims, legal actions, or liabilities arising from its breach of these Terms.
12. Final Provisions
12.1 These Terms shall be governed by the laws of the Federal Republic of Germany. The exclusive jurisdiction for any disputes lies in Berlin, Germany.
12.2 If any clause herein is deemed invalid or unenforceable, the remainder of the Terms shall remain in full force. Any invalid clause shall be replaced with one that most closely reflects its intent and effect.
12.3 Any amendments, addenda, or notices of termination must be made in writing to be considered valid.
12.4 We will notify the Company in writing of any changes to these Terms. If the Company does not object in writing within 30 days of receiving notice, the revised Terms shall be deemed accepted and effective.