Terms of Service of Mailtale
1. Subject of the Agreement
1.1. The subject of this agreement is the paid and time-limited use of the “Mailtale” software via the Internet using a browser, as well as the provision of storage space on the provider’s servers or those of a commissioned service provider. This offer is directed exclusively at business customers as defined by § 14 of the German Civil Code (BGB).
1.2. The type, content, and scope of services provided by the provider are determined by the agreement and the service/product descriptions on the provider’s website.
1.3. Key features of the software include:
• Automated support for responding to Google reviews
• Review analysis to gain valuable insights
• Optimization and automation of review responses
• Tools and reporting for improved review management
• Technical support according to the contract
• A proprietary dashboard that helps clients manage their Google Business Profiles, including metrics like the number of 5-star reviews needed to raise the average rating (e.g., from 4.1 to 4.2). This feature is not offered by Google itself and is a core part of our service.
1.4. Customers already using our Google review hardware will receive free access to the dashboard. In such cases, Mailtale will independently create user accounts and grant access.
1.5. These terms exclusively apply. Any conflicting customer terms are explicitly rejected.
2. Scope and Delivery of Services
2.1. The provider will make the software available in its latest version. Provision occurs at the transfer point of the data center where the provider’s servers are hosted. The provider is not responsible for the customer’s internet connection to this transfer point.
2.2. The provider shall maintain the software in a condition suitable for contractual use and perform necessary maintenance. Any extended downtime will be announced in advance.
2.3. The provider may implement technological or content-related updates to the software, provided these do not significantly impair functionality.
2.4. Customizations are not part of this agreement.
2.5. The provider grants the customer a simple, non-transferable right to use the software for the duration of the contract.
3. Software Availability
3.1. The provider guarantees 99.5% availability of the software during regular business hours. Maintenance periods are excluded from downtime.
3.2. Interruptions caused by force majeure or unforeseen circumstances beyond the provider’s control are excluded.
3.3. The customer is required to report any outages immediately and with sufficient detail.
4. Customer Data and Data Processing
4.1. The provider will comply with applicable data protection laws.
4.2. The customer remains the sole owner of all data stored on the provider’s servers and may request access at any time.
4.3. The customer guarantees that they have the necessary rights to all submitted data.
4.4. The provider is entitled to create backup copies of the data.
5. Compensation
5.1. Fees are based on the selected service package and the current price list. All prices are net and subject to applicable VAT.
5.2. Payments must be made according to the agreed payment method.
5.3. The provider reserves the right to adjust pricing with three months’ notice. Customers may cancel the contract extraordinarily in case of a price increase.
6. Customer Obligations
6.1. The customer is responsible for meeting the technical requirements and must keep access credentials confidential.
6.2. The customer ensures legal and lawful use of the software and will not infringe on third-party rights.
7. Liability
7.1. The provider is fully liable for intent, gross negligence, and damages covered under product liability law.
7.2. For slight negligence, liability is limited to essential contractual obligations and foreseeable damages only.
7.3. The provider is not liable for content published by the customer via the platform.
8. Contract Term and Termination
8.1. The contract is concluded for an indefinite period and may be terminated by either party with one month’s notice.
8.2. Upon contract termination, the customer’s data will be deleted unless legal retention obligations apply.
9. Data Protection
9.1. The parties have signed a separate data processing agreement (DPA), which is an integral part of this contract.
10. Final Provisions
10.1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
10.2. Jurisdiction is Stuttgart, Germany.
10.3. If individual provisions of this agreement are invalid, the remaining terms shall remain unaffected.