Version: 1.0
Effective Date: November 5, 2023
1.1 These Terms and Conditions (“Terms”) govern the use of the HeyScore platform (the “Service”), a Software-as-a-Service solution for collecting and analyzing customer feedback and Net Promoter Score (NPS) data.
1.2 These Terms apply exclusively to business customers (B2B) within the meaning of § 14 BGB. Consumers (B2C) are expressly excluded from using the Service.
1.3 By registering for or using the Service, the customer (“Client”) accepts these Terms. Conflicting or additional terms of the Client do not apply unless expressly agreed in writing by HeyScore.
2.1 HeyScore provides access to an online platform enabling Clients to collect, manage, and analyze customer feedback, including NPS metrics and sentiment insights.
2.2 The Service is provided via the internet; local installation is not part of the offering.
2.3 The scope of features, subscription tiers, and prices are set out on the HeyScore website or within the selected plan.
2.4 HeyScore may improve, modify, or discontinue individual features, provided the core functionality is not materially impaired.
3.1 Clients must register an account and provide accurate and complete information.
3.2 The Client is responsible for safeguarding credentials and for all activities under its account.
3.3 Authorized third parties (e.g., agencies or consultants) may access the Client’s account upon the Client’s permission. The Client remains fully liable for third-party actions.
4.1 The Service is offered on a subscription basis with monthly or annual billing options.
4.2 A free trial period may be provided at HeyScore’s discretion.
4.3 Fees are due in advance for each billing period. Prices are exclusive of VAT where applicable.
4.4 Subscriptions renew automatically for the same term unless cancelled with at least 30 days’ notice prior to the end of the current term.
4.5 HeyScore may adjust pricing with reasonable advance notice for future billing periods.
5.1 Monthly subscriptions may be cancelled with 30 days’ notice prior to the end of the current month.
5.2 Annual subscriptions may be cancelled with 30 days’ notice prior to renewal.
5.3 Either party may terminate for cause if the other party materially breaches these Terms and fails to cure within 30 days of written notice.
5.4 Upon termination, access will be deactivated. HeyScore may delete Client data after a reasonable retention period unless longer storage is legally required. Details on data export and deletion are governed by the DPA.
6.1 HeyScore strives for high availability but does not warrant uninterrupted or error-free operation.
6.2 Maintenance, updates, and improvements may require temporary interruptions.
6.3 Where reasonably possible, planned maintenance windows will be announced in advance.
6.4 Downtime, network issues, or interruptions caused by third-party providers or internet infrastructure do not constitute defects and do not entitle the Client to compensation.
7.1 Data processing, including processing on behalf pursuant to Art. 28 GDPR, is governed by a separate Data Processing Agreement (“DPA”). In the event of conflict, the DPA prevails for data protection matters.
7.2 Each party shall treat non-public business information of the other party as confidential and shall not disclose it to unauthorized third parties. This obligation survives termination.
7.3 HeyScore applies appropriate technical and organizational security measures in accordance with industry standards to protect customer data against unauthorized access, loss, or misuse. These measures are continuously reviewed and improved. While HeyScore takes data protection and security very seriously, the Client acknowledges that absolute protection against all cyber threats cannot be guaranteed.
7.4 The Client is responsible for the lawfulness of its data collection and for providing legally required information to end users where applicable.
8.1 All intellectual property rights in and to the Service, including software, designs, databases, and documentation, remain the exclusive property of HeyScore or its licensors.
8.2 The Client is granted a non-exclusive, non-transferable, limited right to use the Service for internal business purposes during the subscription term.
8.3 Reverse engineering, decompiling, scraping, or reproducing the Service beyond intended use is prohibited.
9.1 The Service is provided “as is” and “as available.” No particular commercial outcome or result is warranted.
9.2 To the extent permitted by law, HeyScore excludes liability for: (a) temporary service interruptions or downtime; (b) data loss, data corruption, or unauthorized access; (c) errors, omissions, or inaccuracies in analytics, tags, or reports; and (d) indirect, incidental, special, consequential, or lost-profit damages.
9.3 In any event, HeyScore’s aggregate liability arising out of or related to the Service shall be limited to the fees paid by the Client for the Service in the preceding month.
9.4 Mandatory liability under the German Product Liability Act (Produkthaftungsgesetz), liability for intent or gross negligence, and liability for injury to life, body, or health remain unaffected.
10.1 The Client shall comply with applicable sanctions, export control, and trade compliance regulations. The Service must not be used in, or for the benefit of, restricted or sanctioned jurisdictions or parties.
10.2 HeyScore may suspend or terminate access in case of suspected breaches of compliance obligations.
11.1 HeyScore may modify these Terms prospectively to reflect legal, technical, or business changes. Clients will be notified in advance.
11.2 Continued use of the Service after the effective date of amended Terms constitutes acceptance of the amendments.
12.1 These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
12.2 The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is Munich, Germany.
12.3 The controlling language of these Terms is English.
13.1 If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13.2 These Terms constitute the entire agreement between HeyScore and the Client with respect to the Service and supersede prior understandings on that subject.
Last updated: November 5, 2023
Note: These Terms are intended for B2B use within the EU. Data protection details are governed by a separate Data Processing Agreement (DPA).