Terms and Privacy Policy

Terms and Conditions of Userlike

1. Subject Matter and Scope

  1. Subject matter of these General Terms and Conditions (hereinafter "terms and conditions") is the provision of services (hereinafter "Services") of Userlike UG (limited liability), Aachener Strasse 55, 50674 Cologne, Germany, (hereinafter "Userlike") regarding the application "Userlike" (all editions) to customers (hereinafter "Customers"), who are not consumers as defined in Section 13 of the German Civil Code (Bürgerliches Gesetzbuch – BGB).
  2. These terms and conditions and any regulations in individual agreements between the Parties shall apply exclusively. Conflicting or deviating terms of Customer shall not apply, even if Userlike despite the knowledge thereof provides its Services without objecting to those conflicting or deviating terms.
  3. Userlike shall have the right to change these terms and conditions within a suitable notice period. Changes shall enter into effect only if Customer has not objected to the changes within one month from the written notification of the intended change (objection period) and if in such notification Userlike informs Customer (a) on his right to object and (b) the objection period. This clause does not apply to obligations of Userlike which are prerequisite for the proper implementation of the agreement, by the breach of which attainment of the purpose of the agreement is jeopardized and on which Customer may duly rely (cardinal obligation).

2. Agreements and Offers

  1. A completed web-based order form or any other kind of order request of the Customer constitutes a binding contractual offer regarding the requested Services of Userlike. An agreement shall be deemed concluded upon acceptance of such offer by Userlike, at the latest upon provision of the Service by Userlike.
  2. Any offers by Userlike shall be deemed non-binding, unless expressly otherwise agreed. Performance dates or times mentioned in a Customer’s request are binding only if designated as binding by Userlike in writing.

3. Services

  1. Customer shall inform Userlike without undue delay in case of malfunction or disruption of the Service.
  2. Customer shall be obligated to keep personal access data (username and password) confidential against access by unauthorized third parties. Customer shall change his password immediately and shall be obligated to inform Userlike without undue delay if there is reason to suspect that unauthorized third parties have access to Customer’s password.
  3. Customer shall be obligated to use the Services in accordance with the legal provisions of the territory of intended use. In particular Customer shall observe the applicable copyrights, trademark rights, patent rights and any other intellectual property or personal rights of third parties. Customer may neither use nor make available to the public any data or any information with illegal content.
  4. Customer may not use the Services, to conduct attacks on Userlike or third parties, such as spamming, hacking, brute force attacks, the use of spy software, virus or worms attacks.
  5. In case of an infringement of section 4 (2) to (4) of these terms and conditions Userlike may delete illegal content at any time and without prior notice or may – to the extent necessary –block access of Customer to the relevant content and/or Services until Customer has redressed the infringement. In case of a severe violation of Customer against the duties stipulated in section 4 (2) to (4) of these terms and conditions Userlike shall have the right to terminate the contract for good cause without prior notice (section 10 (2)). If Customer is responsible for the infringement he shall compensate Userlike for all damages resulting thereof.

4. Customer’s Obligations

  1. Details of the respective contractually agreed Services can be found on the product order pages of Userlike valid at the time of the order.
  2. Insofar as Userlike conducts its Services free of charge (Free Trial and Edition "Free") it may at its own discretion and at any time, in whole or parts, change, limit or cancel such Services. If doing so Userlike will take Customer’s legitimate interests into account and will notify Customer within a reasonable timeframe in advance, provided that such notification is technically feasible and reasonable.
  3. Userlike provides its Services 24 hours a day, 365 days a year and ensures an availability rate of at least 99,00% of the annual mean, except for maintenance downtimes. Userlike will inform Customer about necessary maintenance downtimes in good time, if possible. Userlike is not liable for any downtimes which make its Services unavailable via internet, in particular for downtimes because of technical or other problems that are outside Userlike’s sphere of influence or control such as force majeure events or acts of third parties.

5. Rights of use and Reimbursement

  1. Userlike grants to Customer the non-exclusive, non-transferable, non-sublicensable and unlimited right to use the Services within the scope and limited to the term of the agreement. Userlike shall be obligated to provide new versions, upgrades or updates of its Services only insofar as it is strictly necessary for the remedy of defects. Outside the scope of the agreement Customer is not entitled to use, copy or download Userlike’s Services or to make them available to any third parties.
  2. Customer shall be obligated to indemnify Userlike and its subcontractors against all third party claims that are based on the illegal use of the Services or any such use that happened with his consent, or that arise, in particular, from litigation procedures involving the infringement of laws on data protection, copyright or other laws in conjunction with the use of the Services. If Customer realizes or can be expected to realize that such infringement is about to occur, he shall be obligated to notify Userlike without undue delay.

6. Data Protection

  1. Userlike collects, processes and uses personal identifiable information ("personenbezogene Daten") solely pursuant to German data protection legislation. Customer may find Userlike’s current privacy notice ("Datenschutzerklärung") at Userlike’s website under the section "Privacy Notice".
  2. It is in Customer’s sole responsibility to collect, process or use personal identifiable information of third parties in accordance with German statutory provisions while using the Services. That applies, in particular, to his obligation to obtain the necessary consent of the parties involved, provided that no statutory provision legitimates the intended data collection, processing or usage.

7. Rights in Case of Defects

  1. Insofar as Userlike provides its Services free of charge (Free Trail and Edition "Free") Userlike shall be not obligated to remedy defects.
  2. Insofar as Userlike provides paid Services it shall be entitled to remedy the defect by delivering an update, upgraded or otherwise revised version of the Service or by implementing a workaround.
  3. Liability for defects shall be excluded if the defect is caused because Customer or a third party on behalf of Customer altered Services or in any other way interfered in the Services in an inadmissible manner or because Customer or said third party made use of the Services in a way that is not compliant with the scope of the agreement or Service documentation.

8. Liabilities

  1. Services provided free of charge (Free Trial and Edition "Free")
    Insofar as Userlike provides its Services free of charge, Userlike’s liability shall be liable in accordance with statutory provisions of German law for any damages based on intent, fraudulent intent, gross negligence or lack of a guaranteed feature. Any further liability shall be excluded. Liability for injury in life, limb or health and liability in accordance with the German Product Liabilty Act (Produkthaftungsgesetz – ProdHaftG) shall remain unaffected.
  2. Paid Services
    Insofar as Userlike provides paid Services Userlike shall be liable in accordance with statutory provisions of German law for any damages based on intent or gross negligence or the lack of a guaranteed feature, including intent or gross negligence of its subcontractors.
    In the event of slight negligent breach of an obligation of Userlike which is prerequisite for the proper implementation of the agreement, by the breach of which attainment of the purpose of the agreement is jeopardized and on which Customer may duly rely, liability shall be limited to the typical damage expected under the agreement. Any other liability shall be excluded. Liability for injury in life, limb or health and liability in accordance with the ProdHaftG shall remain unaffected.
  3. Liability for loss of data
    Userlike shall be liable for the loss of data in the event of slight negligence only under the conditions and within the scope of section 7 (2) and only to the extent that the damage would also have occurred if Customer had performed a duly and regular, at least daily, backup (on his local systems).

9. Payment Terms

  1. Unless otherwise agreed, Customer may find details concerning prices on the product order pages of Userlike, valid at the time of the order.
  2. All prices (including additional costs) are net prices. Userlike shall be entitled to issue electronic invoices. Billing for the respective Service will be processed in accordance with the payment method selected by Customer.
  3. The billing amount is immediately due and payable without deduction upon invoicing. A payment shall only be deemed to have been made when Userlike has disposal over the amount.
  4. Customer shall be in default if he does not make his payment within fourteen days after the due date and receipt of an invoice or equivalent statement of payment. In case of default, Userlike shall be entitled to claim default interest at the statutory rate (Section 288 para. 2 BGB). The assertion of further claims remains unaffected.
  5. In the event that Customer is in default of (a) payment or a significant part thereof, for two consecutive month or (b) in an amount that is at least equivalent to the amount due for a period of two month, Userlike shall be entitled to block access to the Services. Userlike’s right to terminate the contract for good cause without prior notice (section 10 (2)) remains unaffected.

10. Term and Termination of an Agreement

  1. Unless otherwise agreed, the agreement has a minimum term – depending on the chosen edition of the Service – of one, six or twelve month and may be terminated without notice at the end of each term. Unless terminated in due time the agreement shell be deemed extended each time for the applicable minimum term. As for Custom Customers – depending on the chosen edition of the Service – a minimum term of three, six or twelve month with a notice period of three month to the end of each term shall apply.
  2. Notice of Termination can be provided either by using Userlike’s relevant communications tools on its website or in text format (eMail).
  3. The right to terminate the agreement for good cause without notice remains unaffected. A good cause shall apply in particular if the terminating party, taking into account all circumstances of the specific case and weighing the interests of both parties, cannot reasonably be bound to the agreement until expiration of the relevant term.
  4. If Customer opts for deleting his entire account at Userlike, also Customer’s corresponding data will be automatically deleted. It is therefore Customer’s responsibility to backup his data on his local account before deleting his account.

11. Integration

  1. Userlike provides software-based technical support in the communication of its customers with third parties via independent messenger applications such as WhatsApp.
  2. The telephone numbers Userlike imparts to its customers to use with messenger applications are supplied by cloud communication providers. There is no contractual relationship established between Userlike’s customers and cloud communication providers. Userlike’s customers are not entitled to be provided with a leaving or disclosure of the telephone number, nor with benefits in respect of these cloud communication providers.
  3. Installation or maintenance of the operation of the messenger applications is not included in the scope of services of Userlike’s products. Userlike does not have any contractual relationship with the providers of these messenger applications. Alterations in the settings of the messenger applications or improper handling of these can lead to interruptions and harm its functioning. In such cases, Userlike will work to restore functionality.
  4. If the messenger application’s provider bans individual telephone numbers, Userlike will inform customers about this and impart to them a new number. If customers decide to accept this offer, all recipients will have to be recruited and verified again.
  5. Also not included in the scope of services of Userlike’s products is the equipment of third parties that is necessary for the messenger applications to be used. Userlike does not have any contractual relationship with the third parties.

12. Miscellaneous

  1. Userlike shall have the right to provide its Services with the help of subcontractors. Userlike shall be liable for any Services provided by subcontractors to the same extent that Userlike is liable for its own actions.
  2. Information specified on the product order page, in brochures and other documents serves only to describe the products and does not constitute a guarantee, particularly a guarantee of a certain quality. Guarantees must be expressly confirmed by Userlike in writing.
  3. The contractual relations between Userlike and Customer shall be governed by German law under exclusion of the UN Convention on Contracts for the International Sale of Goods.
  4. If Customer is merchant within the meaning of the German Commercial Code (Handelsgesetzbuch – HGB), a legal person governed by public law or a special fund (Sondervermögen) under public law, exclusive place of jurisdiction shall be Cologne, Germany. The same applies, if Customer has no general place of jurisdiction in Germany or if his domicile or his usual place of residence is unknown at the time an action is filed. Userlike’s right to file an action against Customer at its general place of jurisdiction remains unaffected.
  5. Should provisions of an agreement with Customer including these term and conditions are or become invalid in parts or as a whole, validity of the remaining provisions shall remain unaffected and the invalid parts shall be replaced by the relevant statutory provision.

Last revision: 10 February 2016

Privacy Policy of Userlike

1. General

Data protection and data security are of utmost importance for Userlike UG (limited liability), hereinafter "Userlike" or "we". In the following we may provide answers to your most frequent questions to what personal data we collect, process and use in connection with our website and what your possibilities are to influence this data usage.

We would like to point out that this privacy statement applies only to our website https://www.userlike.com and its subpages (hereinafter "Websites") but not to websites of third parties that are linked with our Websites. As Userlike has no measures to influence data usage of said third parties, we recommend that you also assess those third parties’ privacy statements.

"Bundesdatenschutzgesetz – BDSG") and the German Telemedia Act ("Telemediengesetz – TMG").

2. What is the subject matter of this privacy statement?

The subject matter of this privacy statement is personal data. According to Section 3 (1) BDSG, these are individual details on personal or objective circumstances of a certain person or certain persons. This includes details such as your name, your postal address, your email address, your telephone number or, where appropriate, also use-data. Use-data is data that is necessary to use the Website of Userlike and its services as for example information on the start, end and the extent of usage of our Websites and access data that is required to use our services.

3. What data is collected and how is it used?

Automated data usage

For technical reasons, when accessing our Websites your internet browser automatically transmits data to us. This applies to the following data:

  • Your date and time of access
  • Your browser type and version
  • The operating system you use
  • URL of your previously visited website
  • Quantity of data transmitted

Such data is collected and processed for technical reasons only, is at no time assigned to any identifiable person and is deleted right after the end of your visit at our Website.

Live chat

In order to use our live chat at our Websites you must register with your name and your email address. We use this data together with the information you transmit via the chat to advise you in the best possible way.

When you start our live chat we temporarily collect and process your IP address. By doing so we are able to identify where your access provider is located which we assume might be also the country where you access our live chat. The purpose of this information is to help Userlike to provide you with a live chat that serves your needs best. The temporally collection of your IP address serves solely this purpose and your IP address will not be stored.

Furthermore, Userlike stores the chat record. This shall not only spare you the inconvinience of recalling the whole chat history of past chats when you ask for our assistance via live chat but shall also ensure an continuous quality control regarding our live chat. If you do not want to have your chat record stored please contact us and we will delete it immediately. You may find our contact details at the end of this privacy statement (see question 7).

Use of Services

If you decide to make use of our services, we may ask you for further personal data. If you make use of services that are free of charge (e.g. Free Trial or Edition "Free") this is the name of your company or your website address, your first name, surname and username, your email address andyour password. If you want to use our fee-based services (e.g. Edition "Team", "Corporate", "Business", "Custom" or "Flex") you must furthermore provide us with the necessary payment details, depending on the chosen payment method (e.g. credit card details, etc.).

Depending on the individual use of the relevant service we might process further personal data insofar as it is necessary to render our services. This relates for example to the content of chats or chat records that have been conducted and stored by making use of our services and IT infrastructure.

Amazon Services

Userlike uses Amazon Cloudfront as content delivery network and Amazon Simple Email Service (Amazon SES) for sending emails.

Transfer of personal data

Userlike will transfer data to third parties only to the extent necessary to render its services. For any other purposes we will transfer personal data to third parties only with your prior and explicit consent. That applies in particular to the transfer of personal data for advertising purposes. Exceptions to this rule apply only in the following cases:

  • If required for investigating the illegal use of the services of Userlike or for legal proceedings, personal data will be transferred to the criminal investigation authorities and, if legally obliged, to injured third parties. We are also legally obliged to give certain public authorities information. These are criminal investigation authorities, public authorities which prosecute administrative offences entailing fines and the German finance authorities.
  • Occasionally we depend on contractually affiliated external companies and external service providers to supply services such as the supply of advertising measures (only if you have given your explicit prior consent), processing payments (credit card etc.), storing your data and customer service. In such cases, information is transferred to these companies or individuals in order to enable them to process this information further. The service providers may only use the data for the purposes stipulated by Userlike and solely in accordance with German data protection laws.
  • In order to further develop our business, we may alter the corporate structure of Userlike e.g. by changing its legal form. We may also form, sell or buy subsidiaries, divisions or parts of the company. In such transactions, customer information together with the part of the company to be transferred will be passed on. Every time personal data are transferred to third parties to the extent prescribed, Userlike will ensure that this is done in accordance with this privacy statement and the relevant data protection laws.

4. What should you know concerning our newsletter and our blog?

Userlike provides a newsletter service and a blog both free of charge. They inform you about news on Userlike, its services and other topics that might be of interest to you. You can receive both, newsletter and blog, via email. To subscribe for our newsletter service just use the opt-in option during the registration process or use the subscription function at the Dashboard. If you want to subscribe for our weekly blog just visit https://www.userlike.com/en/blog.

Of course you can unsubscribe both the newsletter service and the blog at any time. You may find information on how to unsubscribe with effect for the future in every newsletter and blog.

5. Will my usage behavior be evaluated, e.g. for advertising purposes?

Usage profiles

Userlike may create usage profiles under pseudonyms to the extent permitted by law. We can evaluate these for the purposes of advertising, market research or to design our Websites and services in a needs-based manner. No direct conclusions can be drawn about you as an individual. The profile data is not linked to any other information about your person. You can object to the creation of usage profiles at any time. To do so just inform us via support@userlike.com. Regarding special features in connection with the use of "Google Analytics", please see the section "Google Analytics", below.

Cookies

Userlike makes use of so-called "cookies" in order to be able to offer you a comprehensive range of functions and to make it easier to use our websites. Cookies are small files which are stored on your computer with the help of the internet browser.

If you do not want to use cookies, you can prevent them from being stored on your computer using the corresponding settings on your internet browser. Please note that this may restrict the functional capability and the range of functions of our services. Regarding the special use of cookies in connection with "Google Analytics", "Google Conversion Tracking" and "Google Remarketing" and the possibilities to deactivate them, please see the following sections of this privacy statement.

Google Analytics

Userlike uses Google Analytics, a web analytics tool provided by Google Inc. ("Google"). Google Analytics uses cookies which help to analyze how users use the Website. The information generated by the cookie on your use of the Webiste (including your abbreviated IP address), is transmitted and stored on a server in the USA. Google will use this information to assess your use of the Website, to compile reports on your website activities for Userlike and to provide other services relating to your Website activities and internet usage. It is also possible that Google may transmit this information to third parties if this is prescribed by law or if third parties process this information on behalf of Google.

You can deactivate Google Analytics using an add-on to your browser which you can download here: https://tools.google.com/dlpage/gaoptout?hl=en.

Google Conversion Tracking

Userlike uses Google Conversion Tracking. If you access our Websites via a Google ad, Google AdWords stores a cookie on your computer. This cookie loses its validity after 30 days and is only used to detect whether you visit our Websites during this period. No conclusions can be drawn about you as an individual. The information collected with the aid of the Conversion cookie helps Userlike to create statistics about its conversion rate. This means that we find out how many users come to visit our Website via a Google ad.If you do not wish to participate in the tracking process, you can deactivate cookies for Google Conversion Tracking by specifying in your browser settings that cookies from the "googleadservices.com" domain are to be blocked.

Remarketing

Userlike uses Google Remarketing, Twitter Ads and Facebook Custom Audiences from Your Website. It means that we display targeted advertisements to previous Web visitors of our Websites that have been interested in our services when they visit other internet sites in the Google Partner network, Twitter.com and its webpages, and Facebook.com and its webpages, respectively. This is being done by using cookies which first analyse your use of our Websites and will then be used to display our advertisements on third party websites. Cookies thereby only use pseudonymous data that is not linked to any personally identifiable information.

You can object to this interest-based marketing in the following ways:

Google Remarketing:Use the add-on to your browser to deactivate Google Analytics (see "Google Analytics") and it will at the same time deactivate Google Remarketing, too. You can also deactivate the use of cookies of third parties, e.g. by visting the deactivation site of the Network Advertising Initiative at http://www.networkadvertising.org/choices/.

To learn more about the privacy practices and policies of Google, visit their Privacy Policy page: https://www.google.com/policies/privacy/

Twitter Ads: To object to Twitter’s interest-based ads use the instructions on their website: https://support.twitter.com/articles/20170405. Twitter also supports Do Not Track. You can opt-out of Twitter’s interest-based ads by using this software.

To learn more about the privacy practices and policies of Twitter, visit their Privacy Policy page: https://twitter.com/privacy.

Facebook Custom Audiences from Your Website:To object to Facebook’s interest-based ads use the instructions on their website at https://www.facebook.com/about/ads/#568137493302217.

Facebook also adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from interest-based advertising of Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/ , or opt-out by adjusting your mobile device’s settings.

To learn more about the privacy practices and policies of Facebook, visit their Privacy Policy page: https://www.facebook.com/privacy/explanation

6. Which rights to information and deletion do you have?

You may, at any time and free of charge, request information from Userlike about the data stored by us, its recipients, categories of recipients to which we transfer your data and the purposes for which your data is stored. You also have the right to request that we correct, delete or block your personal data, if the use of it does not comply with existing legal regulations, in particular if data is incomplete or incorrect.

To do so, please contact support@userlike.com or send us a message at the following address.

7. Who may you contact for questions on data protection at Userlike?

If you have any queries or suggestions on data protection please do not hesitate to contact us at the following address:

Userlike UG (haftungsbeschränkt)
Aachener Strasse 55
D-50674 Cologne

8. Can this privacy statement be amended?

Userlike reserves the right to amend this Privacy Statement if this proves to be necessary because of regulatory changes or because of additional or altered services of Userlike or third parties. You can inform yourself of the current version of the Privacy Statement at https://www.userlike.com/terms

Last revised: August 1, 2015