Terms of Service

The Hipventory UG (haftungsbeschränkt), Scheffelstr. 4, Berlin 10367, Germany (“we”, “our”, or “us”) operates a website and an API under the name “hipventory.com” (collectively, the “Services”). Access to and use of the Services are subject to the following terms, conditions and notices (the “Terms of Service”).

PLEASE READ CAREFULLY BEFORE ACCESSING THE HIPVENTORY WEBSITE. BY: (a) accessing the Hipventory Website (directly or via application programming interface (“API”) or otherwise), (b) using the Hipventory Website or any service available through the Hipventory Website (the “Services”), or (c) downloading, installing or otherwise using any API, widget or other software made available through the Hipventory Website, you acknowledge that you have read these Terms Of Service, understand them, and agree to be bound by the following terms and conditions which constitute a legally enforceable agreement (the "Agreement") between you and the owner of the Hipventory Website, software and services, Hipventory UG (the “Company”). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms of Service, you may not use the Hipventory Website or Services.

Terms of Service May Change

We are continually improving and adding to the features and functionality of the Hipventory Website and the Services we offer through Hipventory Website. As a result of these changes (or changes in the law), we may need to update or revise these Terms of Service. We reserve the right to update or modify these Terms of Service at any time, without prior notice, by posting the revised version of these Terms of Service behind the link marked “Terms of Service” at the bottom of each page of this Site. Your continued use of the Hipventory Website and the Services after we have posted the revised Terms of Service constitutes your agreement to be bound by the revised Terms of Service.

You may access the current version of these Terms of Service at any time by clicking the link marked “Terms of Service” at the bottom of each page of this Hipventory Website.

These Terms of Service were last revised on July 27th, 2015.

Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this website.

This website also contains links to other websites, which are not operated by us (the "Linked Sites"). We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of Service contained within each such site.

These terms of service are not saved by us and only presented in their latest form on this page. You should save this page for later use.

2. General Terms

Subject to these Terms of Service, the Company hereby grants you a limited, non-exclusive, non-transferable, license to access the Hipventory Website and the to use the Services, in accordance with these Terms of Service and our Privacy policy (accessible here) which is hereby incorporate and forms a part of these Terms of Service. Some of the services of features which are or will be available through the Hipventory Website may require that you download our Hipventory API or our widgets (collectively, our “Software”). These Terms of Service also incorporate our Software Terms of Service (accessible here).

3. Use of the Services

With the use of the Services you assign us to request visual product reviews via email from customers of your e-commerce or brand website who recently bought a product. You can embed those visual product reviews then into your website as a product widget or wall widget.

Therefore you have to integrate certain API calls of our service into your e-commerce webshop in order to transmit orders and shipments to our Services. The transmitted data must fulfill certain requirements as defined in our API documentation, and must contain e.g. the email address of your customer, the purchase ID, etc.. After a certain time we will automatically send an email to your customer kindly requesting the upload of a visual product review for the recently bought product.

The transmitted data will be kept confidential and will not be made accessible to third parties.

If you have your own terms of services you might have to modify them in order to being legally able to transmit your customers email address to us.

We cannot guarantee that the customers actually upload any visual product reviews or give any prediction of the amount of uploaded images, as this is up to the customer of your e-commerce or brand webshop to act on the kindly requested visual product review.

If the customer of your e-commerce or brand webshop uploads a photo on our request it will be saved in our database and you will be able to embed the user generated content on your website with a product widget or a wall widget.

The visual product reviews can be manually curated, if you wish to do so.

You may use the embedded product widget or wall widget as long as you are subscripted to our Services. You may not copy the images, though. If your subscription ends or is terminated due to other reasons you may not longer use the visual product reviews gathered through our Services.

Visual product reviews of products of the same type can be shown to other subscribers of our services, as you can benefit from visual product reviews of products of the same type of other subscribers of our services.

We are not being held liable if the visual product review infringes legal rights of third parties.

If our Services are temporarily unavailable we cannot be held liable for any reduced conversion rates, loss of turnover or other damages.

The integration of our Services into your website has to strictly follow our developer guidelines as otherwise the functionality of the Services might not be given.

We cannot guarantee any increase of conversion rates or other relevant indicators by the use of our Services.

Besides the visual product reviews, that were uploaded by your customers to our servers via the email request it is also possible to import user generated content from third party platforms, such as Instagram. We provide a platform to import and embed such content, but it is your sole responsibility to acquire the legal rights of that user generated content. By importing images from such third party platforms you grant Hipventory a nonexclusive, perpetual, irrevocable, worldwide, fully paid-up, royalty-free license, with the right to sub license, to use, transfer, copy, reproduce, distribute, publicly perform, publicly display, digitally perform, modify, directly or through third parties, create derivative works of Reviews and otherwise use and commercially exploit any Submitted Information and Materials in any media formats. Such license will apply to any form, media, or technology now known or hereafter developed.

4. Subscriptions, payments, upgrading, downgrading

We offer several different subscription plans. These are monthly plans that you pay in advance with the payment methods offered. Payments must be made immediately, any payment errors or subsequent failed payments may result in termination of services to you. There is no minimum contract time. You can cancel the subscription at any time, but we do not offer a refund for already paid subscription costs.

Our plans come with a fixed amount of orders and widget pageviews included (the "items"). An order consists of at least one product item bought by a certain customer transmitted to our API with the required data at the time of purchase and/or at the time of shipment and a successful sent email to that certain customer through our Services. A widget pageview is the presentation of the product widget or the wall widget to a customer of your website regardless the number of pictures presented within. Additionally a detail view of each image will count for an additional widget pageview. If the fixed amount of items on your plan is used up within a billing period, you will be charged for any overage items according to your current selected plan’s price for additional items. We will calculate the cost for overage items as best as we can up to a single item unit, but due to billing and mathematical rounding errors, we cannot guarantee that.

We allow you to upgrade or downgrade your plan any time for your convenience. We prorate subscription costs: When you change a plan, any unused portion of the previous plan will result in a credit, based on the time passed on the current billing period. The cost of the new plan for the rest of the current billing cycle is likewise calculated based on the time left. Items are handled differently in that they are also prorated based on the time passed in the billing period, but any overage items are not calculated until a new billing cycle is due. This means by upgrading your account, you can in any case benefit from cheaper overage item prices and, if your new plan has a large enough number of items left, might reduce the number of overage items billed in the current billing period.

When you cancel a paid plan, we will provide the purchased services until the billing period for which you paid for is over. Canceling will not result in a credit. We do not refund any paid costs at any time. To cancel your subscription please contact support@hipventory.com.

5. Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using the Services, you consent to the processing described therein and warrant that all data provided by you is accurate.

6. Prohibitions

You must not misuse the Services. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

7. Intellectual Property, Software and Content

The intellectual property rights in all software and content made available to you on or through this website remains the property of Hipventory UG (haftungsbeschränkt) or its licensors and are protected by copyright laws and treaties around the world. Hipventory UG (haftungsbeschränkt) and its licensors reserve all such rights. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Hipventory UG (haftungsbeschränkt) or its licensors.

8. Disclaimer of Liability

The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Hipventory UG (haftungsbeschränkt) and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Hipventory’s UG (haftungsbeschränkt) liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

9. Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this website are in no way associated, linked or affiliated with Hipventory UG (haftungsbeschränkt) and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Hipventory UG (haftungsbeschränkt).

10. Indemnity

You agree to indemnify, defend and hold harmless Hipventory UG (haftungsbeschränkt), its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of the Terms of Service.

11. Variation

Hipventory UG (haftungsbeschränkt) shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this website.

12. Complaints

We operate a complaints handling procedure that we will use to try to resolve disputes when they first arise: please let us know if you have any complaints or comments.

13. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

14. Governing Law and Jurisdiction

These terms of service are to be construed in accordance with the laws of Germany and in the event of any dispute or claim associated with these terms of service, that dispute or claim shall be subject to the exclusive jurisdiction of German courts. According to German law you are informed by these terms of service in the language in which the Services are provided. The Services are provided in English.

15. Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Hipventory UG (haftungsbeschränkt). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Hipventory UG (haftungsbeschränkt).