Terms and Conditions
1. Preamble
The online platform trustdino.de is a review management portal for businesses.
The following terms and conditions regulate the conditions for the use of the online platform trustdino.de by businesses.
2. Governing Provisions
2.1. These Terms and Conditions apply to all contractual relationships concerning the SaaS service trustdino.de, hereinafter referred to as the “Software” or “Platform,” between business users (also referred to as “Customers”) and the operator of trustdino.de (TrustDino GmbH, represented by Managing Director Maximilian Voß, Fritz-Reuter-Str. 45, 17489 Greifswald), hereinafter referred to as the “Provider.” These Terms and Conditions apply even if not mentioned in subsequent contracts. Contracts with consumers are not concluded.
2.2. The terms “Service” or “Services” include the contractual relationship regardless of the specific contract type. The Software is operated as a web-based cloud solution. Customers are granted the ability to use the Software stored and running on the servers of the Provider or a service provider commissioned by the Provider via an internet connection during the term of the contract for their own purposes and to store, process, and publish their data with its help.
2.3. These Terms and Conditions also apply if they conflict with the Customer's terms, unless explicitly acknowledged in writing by the Provider. Conflicting or deviating terms are excluded even if not explicitly rejected by the Provider or if the Provider unconditionally provides services.
2.4. Individual agreements and side arrangements take precedence over these Terms and Conditions, provided they are documented in writing.
3. Registration
3.1. Any business entity—regardless of legal form—is eligible to register. Use of the platform’s services is subject to payment and requires registration, including the submission of company or personal data and the creation of a password. The requested information must be complete and accurate (no P.O. boxes, etc.).
3.2. The option to register does not constitute a binding offer from the Provider to use the platform. Only the Customer’s registration constitutes a binding offer to the Provider to conclude a usage agreement. Registration is only possible if the Customer accepts these Terms and Conditions. There is no entitlement to registration. The Provider may verify the Customer's information, including via third parties. A contractual usage relationship is only established once the Provider confirms and activates the Customer’s account. The Provider is not obliged to provide reasons for rejecting a registration.
3.3. The access password can be changed at any time by the Customer and must be kept confidential. Each Customer receives a customer account containing their provided information.
3.4. Each Customer may only register once on the platform. Multiple registrations using different usernames are not allowed.
3.5. Violations of the above rules entitle the Provider to terminate the contract immediately and delete the Customer’s account and any sub-accounts from the platform.
4. Use of the Platform / Customer Rights
4.1. Upon successful registration, the Customer gains access to a dashboard. Here, the Customer can view and edit their business listing, which is published by the Provider, including reviews received. The Customer can create campaigns to request reviews via link or QR code, and may send emails or SMS messages through the platform as part of these campaigns, subject to additional fees.
4.2. The Provider may integrate paid add-ons or services into the platform. The cost and scope of such services will be based on the description at the time of booking. Booking is finalized by the Customer’s action and does not require additional confirmation from the Provider.
4.3. The Provider grants the Customer a non-exclusive, non-transferable, geographically unrestricted right limited to the contract duration, to load the Software interface into the memory of authorized devices and to display and reproduce it as needed.
5. Term / Termination
5.1. The usage agreement is concluded for either one month or one year, depending on the Customer’s booking. The contract will automatically renew for one month in the case of a monthly term, or for one year in the case of an annual term, unless terminated by either party with a notice period of 2 weeks before the end of the respective term.
5.2. The Provider reserves the right to terminate the usage agreement with immediate effect for good cause, particularly in the event of violations of laws, these Terms and Conditions, other contractual obligations, payment default, or in cases of disruption, misuse, or damage to the platform's reputation. This does not release the Customer from any existing payment obligations. The Provider is not required to refund any payments already made in such cases.
5.3. Upon termination of the usage agreement, the Provider is entitled to irrevocably delete the Customer’s account. Personal data that the Provider needs to retain for its own legitimate interests, particularly for accountability to third parties or authorities, shall remain unaffected. Content submitted by the Customer during the term of the contract may be stored by the Provider for three years until the end of that calendar year, after which it must be deleted.
6. Fees / Payment Terms
6.1. The fees payable by the Customer are determined by the specific booking. Billing occurs at the beginning of the contractual term or the renewal period.
6.2. Fees become due upon invoicing. If third-party payment service providers are used, their terms and privacy policies also apply. The Customer will automatically be in default without the need for a reminder if the invoice is not paid within 14 days of the due date.
6.3. In business transactions not involving consumers, default interest is calculated at 9 percentage points above the base interest rate. Higher interest rates may be applied if the Provider proves a greater burden. The Provider’s entitlement under Section 288(5) of the German Civil Code (BGB) remains unaffected.
6.4. The Provider may charge the Customer a processing fee of €5.00 net for each reminder issued. This applies regardless of whether the Customer is in default and also applies to the first and any subsequent reminders for the same matter.
6.5. Invoices are sent via email. If the Customer requests a printed invoice by post, a fee of €5.00 net per invoice will be charged.
6.6. In the event of a justified extraordinary termination by the Provider or a legitimate suspension of profile and/or company pages and/or the Customer account, the Customer remains liable for payment. The Customer is not entitled to a refund of fees for the period of suspension or from the date of termination. Likewise, the Customer has no right to a refund if they delete their own profile and/or company pages and/or account.
7. Special Obligations of the Customer
7.1. The Customer must set a password to access their customer account. The account may only be used personally by the Customer. The login credentials must not be shared with third parties, and the Customer must ensure that unauthorized access is prevented, especially by using secure passwords (at least 8 characters, including numbers and special characters), and by avoiding insecure storage methods. The Customer is solely responsible for all activities carried out through their customer account. Furthermore, the Customer is responsible for keeping their contract information within the account up to date in the event of any changes during the contract period.
7.2. It is prohibited to use mechanisms, software, or other scripts in connection with the use of the platform that impair the functionality or accessibility of the platform, or that alter, delete, or overwrite content created and managed by the Provider.
7.3. The Customer agrees not to violate applicable legal regulations or contractual obligations while using the platform. The Customer is solely responsible for any content they publish on the platform. In particular, it is prohibited to publish content that is false, misleading, anti-competitive, illegal, or that the Customer does not have the rights to use, as well as content that violates the rights of third parties (e.g., copyrights, patent and trademark rights). It is also prohibited to publish or distribute political, religious, grossly offensive, pornographic, sexual, youth-endangering, extremist, violence-glorifying or -trivializing, war-glorifying, terrorist- or extremist-promoting, crime-inciting, defamatory, insulting, or otherwise unsuitable content for minors. The Customer is required to keep the data in their profile up to date and to immediately update any changes. In the event of business discontinuation, the Customer is obligated to delete their entire customer account. This does not release the Customer from their payment obligations, and the Provider is not required to refund any payments already made.
7.4. The Customer is obliged to inform the Provider about unusual activities, unauthorized access, or suspicion thereof, and must immediately change their password.
8. Special Rights of the Provider
8.1. The Provider may make the use of the platform or individual functions conditional on certain requirements, such as verification of registration data, duration of use, payment behavior, or the submission of specific documentation (e.g., proof of identity, purchase, payment, or ownership). The Provider may, in particular, restrict a Customer’s activity under certain conditions and make further usage dependent on prior verification or the review of complaints.
8.2. In cases of misuse of the Provider’s services or those of other customers, or violations of the contract, guidelines, or applicable laws, the Provider reserves the right—after warning the Customer and requesting that the conduct cease—to deactivate the Customer account or profile temporarily until the matter is resolved, or to delete it following extraordinary termination. Deactivation does not remove the Customer’s obligation to pay. In urgent cases, the Provider may waive prior warning to prevent damage.
8.3. The Provider is entitled to display advertising for its own or third-party services on all pages of the platform unless otherwise contractually agreed. The Provider reserves the right to change the appearance, structure, and functionality of the platform and its subpages at any time without the Customer's consent, provided that the contractual services owed are not reduced.
8.4. The Customer grants the Provider the right to reproduce data stored by the Provider on behalf of the Customer, to the extent necessary to fulfill the services under this agreement. The Provider is also entitled to store the data in a backup system or separate backup data center. To resolve disruptions, the Provider may modify the structure or format of the data.
8.5. The Provider regularly backs up the Customer’s data stored on the Provider’s server to an external backup server. The Customer can save this data at any time for backup purposes and is obligated to do so at regular intervals.
8.6. The Provider does not receive any usage or exploitation rights beyond those stated above.
8.7. The Provider reserves the right to unilaterally amend these Terms and Conditions at any time, provided there are serious reasons beyond the Provider’s control that lead to an unforeseeable change in the contractual balance and therefore require an adjustment, taking into account the interests of the Customer. Changes are only permitted if they do not unfairly disadvantage the Customer or violate the principle of good faith. The Customer will be informed of any changes 6 weeks in advance via email, which will include the revised Terms, information about the right to object, the objection deadline, and the consequences of not objecting. The changes will become part of the agreement unless the Customer objects in writing or text form within 14 days of receiving the notification. Once the deadline passes, the new Terms become valid, and the previous version becomes invalid.
9. Liability/Disclaimer
9.1. The Provider is only liable for providing the platform and, if applicable, for any additional services acquired by the Customer from the Provider within the scope described herein.
9.2. The Provider assumes no liability for incoming reviews from end customers of the Customers unless the Provider has reviewed them. The Provider generally does not check the legality, accuracy, or completeness of the content posted by end customers unless specifically requested to do so.
9.3. For further claims and rights, the Provider is only liable in cases of intent and gross negligence according to legal regulations. Claims for damages arising from torts are excluded unless the damage was caused intentionally or by gross negligence. In cases of slight negligence, the Provider is only liable for the violation of an essential contractual obligation or in the event of delay or impossibility. Liability for slight negligence, torts, or compensation for futile expenses is only applicable in cases of foreseeable and typical damages. Liability for lost profits, damages arising from claims by third parties against the Provider, or other consequential damages is excluded. The above liability limitations also apply to actions by the Provider’s agents and vicarious agents.
In cases of fraudulent intent, personal injury, violations of health or life, legal defects, or liability under the Product Liability Act, the aforementioned liability limitations do not apply.
10. Customer Data and Indemnification from Third-Party Claims
10.1. The Customer is solely responsible for the content they upload to the platform. The Provider does not actively monitor the content of its customers and does not routinely verify the content used with the software.
10.2. The Customer agrees to only upload content to which they have exploitation rights and to refrain from publishing any prohibited content as specified in Section 7.3 of these Terms and Conditions. The Customer is also prohibited from using the software to offer illegal services or goods, as well as religious or political offerings.
10.3. The Customer agrees to indemnify the Provider from any liability and associated costs, including possible legal fees, if the Provider is claimed against by third parties (including the Customer's employees) due to alleged actions or omissions by the Customer. The Provider will notify the Customer of such claims and, to the extent legally possible, allow the Customer the opportunity to defend against the claim. The Customer will also promptly provide the Provider with all available information regarding the matter that is the subject of the claim.
10.4. The Customer indemnifies the Provider from all claims made by other customers or third parties against the Provider due to the violation of their rights by the Customer’s services or any other content or information submitted. This does not apply if the Provider is responsible for the legal violation.
10.5. Claims for damages by the Provider remain unaffected.
11. Availability
11.1. The Provider makes the software available to the Customer via its website (cloud software). Therefore, the Customer requires an internet-capable device, a browser installed on it, and an internet connection to use the software. The current version of the software to be provided is made available at the router exit of the data center where the server with the software is located ("handover point"). The Customer is responsible for the stability of the internet connection. The display quality of the digital content may also vary from device to device and depend on the Customer’s internet connection speed and other factors. Therefore, the Provider cannot be held liable for deviations.
11.2. Due to technical reasons, continuous availability of the digital content cannot be guaranteed. Availability may be impaired due to regularly necessary maintenance and security work or unforeseen events beyond the Provider's control. Planned maintenance work that leads to impaired availability will, as far as possible, be performed by the Provider during low-traffic times.
11.3. The Provider guarantees an availability of 98.0% per year for its services offered via the internet. Availability is defined as when the servers and services are essentially operational. Disruptions are not considered if caused by the following:
- Interruptions of accessibility due to disturbances in areas outside the Provider's control (e.g., server maintenance work by third parties)
- Interruptions due to force majeure
- Short-term interruptions necessary to prevent or address specific threats due to potential misuse by third parties (e.g., exploits) (such as through updates)
11.4. The Customer is obligated to promptly report any functional failures, disruptions, or impairments of the software to the Provider in as much detail as possible. If the Customer fails to do so, § 536c of the German Civil Code (BGB) applies accordingly.
11.5. If damages to the Customer result from data loss, the Provider is not liable, provided that such damages could have been avoided by regular and complete backups of all relevant data by the Customer. The Customer is solely responsible for performing regular and complete data backups or having them performed by a third party.
12. Jurisdiction
12.1. The jurisdiction is the location of the Provider.
12.2. German law exclusively applies. The contract language is German.
13. Final Provisions
All declarations related to the contractual relationship between the Provider and the Customer must be made in text form. If any provision of these Terms and Conditions is invalid, the remaining provisions will not be affected.