Below is the contractual document that will govern the contracting of products and services through the revi.io website, property of WEE ECOMMERCE SL, NIF/CIF B98656275, Registered Office at C/ Gradador Enguidanos 47-10, 46015, Valencia ( hereinafter Rev). The acceptance of this document implies that the user has read, understands and comprehends what is stated below, that he has sufficient capacity to contract and that he assumes all the obligations contracted on his part.
1. Identity of the parties
On the one hand, revi.io, and on the other, the user, registered on the website by means of a username and password, over which it has full responsibility for use and custody, being responsible for the veracity of the personal data provided to revi. io.
2. Purpose of the contract
Revi develops and manages intelligent software solutions for e-commerce, with the implementation of which Revi's client companies (online and offline goods and services companies) can ask their end customers for real opinions or evaluations for the products and services offered by them.
The purpose of this contract is to regulate the contractual purchase-sale relationship between Revi and the administrator or person in charge of the e-commerce at the moment that the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale entails the provision of a service, in exchange for a determined price and publicly displayed through the website. Next, the provision of the Revi customer rating system and the obligations of the company that implements this system are regulated.
3 . Hiring
In order to access the services offered by Revi, the user must register through the revi.io website by creating a user account. For this, the user must freely and voluntarily provide the personal data that will be required.
The user will select a username and password, agreeing to make legal and diligent use of them, and not make them available to third parties, as well as notify revi.io of the loss or theft of the same or of possible access by an unauthorized third party, in such a way that it proceeds to the immediate blocking of the account
Revi consists of several plans with different characteristics, being the free plan "Free" the base plan when registering. The client can choose to contract a superior plan with its particular conditions and duration (monthly or annual). This new plan auto-renews once the expiration date arrives for the same period that was contracted unless the contracting company cancels the subscription manually (Option available from the account panel).
Although the plan can be changed at any time, there is no partial or total refund of payments already paid for the current period. Upon cancellation of any payment plan, the account status will change to "Free" once the contract period expires at no cost.
3.1 Conclusion of the contract
• These general commercial conditions (hereinafter "CCG") are exclusively valid with respect to legal persons, persons with sufficient capacity to perform legal acts and with economic activity, independent professionals or companies within the meaning of art. 14 of the Spanish civil code.
• The company requests the use of the Revi customer appraisal system through an online order form and, at the same time, declares with that request to carry out an economic activity or an independent professional activity. In addition, you accept the present CCG of Revi with your signature or by checking the box of selection in the field foreseen for it. The information requested in the registration must be correctly indicated (general company data, e-mail address, shop system, payment details in case this type of subscription has been chosen, etc.). By accepting the CCG online is a firm contract between the company and Revi, by which the company transfers its product and sales data to Revi, but never personal information about customers.
3.2 Duration and termination of the contract
• The contract will be considered initiated when both the Terms and Conditions and the Revi Registration Form have been confirmed. The technical implementation of the Revi service is the responsibility of the company through the technical instructions that Revi puts at your disposal. Revi is not responsible for the company not being able to technically install the Revi service, and makes a technical customer service available to the company.
• For the Revi services there is no minimum duration period. The active subscription can be canceled at any time, provided it is done before the next month's payment has been made. Cancellation can be done from the user control panel, in the subscription area. With the cancellation, the agreement on the use of the Revi valuation system ends at the same time. The right to extraordinary cancellation for just cause is not affected. In particular, there is a just cause for the extraordinary cancellation of the contract by Revi when the company repeatedly fails to comply with any of the obligations indicated in point 5 of this document despite being previously warned of such failure, when the fulfillment of those obligations it is rejected seriously and definitively or when the monthly payment is delayed.
• If during the duration of the contract the company opts for the improvement of services with a higher value Revi service (Pro, Premium), an instant charge of the amount of the new subscription will be made, and the collection period will change on the same day each month.
4. Services
4.1. Revi makes available integration modules configured for the main CMS on the market (Wordpress, Prestashop, Magento among others) that allow autonomous integration. In the event that the client does not have a compatible CMS, Revi offers an API so that, through programming, a manual integration can be carried out by the client. For paid subscriptions, technical assistance is provided to support stand-alone integrations. Revi cannot ensure the compatibility of the application with any system. Therefore, before contracting, it is necessary to ensure compatibility with the opinion system.
4.2. Revi offers different service packages, with different benefits, which it makes available to companies during the contract period. It has a free version and three paid versions (Pro, Premium and Unlimited).
4.3. After the conclusion of the contract, Revi grants the company access for the period stipulated in the contract to use the Revi rating system. For this, Revi offers software with which customer reviews can be collected, managed and displayed.
4.4. The complete and current scope of functions of the service provided by Revi can be consulted at any time on the Revi website (https://revi.io/en/price).
4.5. Through customer opinion managers, Revi checks the validity of the wording of the evaluations provided by customers. Valid feedback is included on the company's Certification Page.
4.6. The company authorizes the companies to use the Revi Widgets and Seal, which is granted according to certain quality criteria and which is available for download in the Client Area of the Revi Website. There are various types of widgets depending on the area of the web and the customer's choice.
4.7. All the server and system components of the Revi service operate on a network with redundant computers. Company-configured data is stored using Revi's technology. Revi usually performs planned maintenance work for Revi service at regular time intervals at night.
4.8. Registering within Revi entails the creation of a customizable store page where opinions about the business are collected. This public page is indexable by default, unless the client prefers that the page be invisible to Google.
4.9. Revi includes a review moderation service in which the company is put in contact with customers who have posted a negative review. This mediation service only facilitates communication between the parties to reach an agreement between them, and if possible, achieve customer satisfaction with the consequent modification of the content of the assessment by their own decision.
4.10. Revi also makes available a public questions and answers service aimed at improving knowledge of the product and company. These questions are also subject to a moderation process on their content.
5. Prices, invoicing, payment and returns
5.1. Due to the establishment of the Revi valuation system, the company does not have to pay a registration fee with the start of the contract period, only the monthly payment that has been chosen. In the event of a change to the Pro or Premium version, the company must unsubscribe from the current service and register after the service of higher (or lower) value. In this case, the comment history remains intact from the previous version. If a software change is made in the company for reasons not attributable to Revi and it is software supported by Revi, no additional payment will be required. In case the software is not supported by Revi we can not guarantee the full functionality of the service
5.2. Due to the use of Revi's valuation system, the company will pay the agreed fee each month, exactly the same day of the month that the first payment was made, as long as an annual payment has not been agreed in advance.
5.3 Accepted forms of payment: for the payment of the contracted monthly payments, credit card and payment via Pay Pal are accepted. For annual subscriptions, in addition to these forms of payment, Bank Transfer is also accepted.
5.4. In addition to the agreed fee, in case the company needs to exceed the agreed volume of valuations, the company pays a supplement for a package of a number of valuations that vary in number and price that is invoiced exactly the same day of the month that the extension is made. This also applies to companies that have agreed to an annual payment. The amount of the order rate and volume are based exclusively on the volume of services agreed upon according to the requested Revi service.
5.5 With the conclusion of the contract, the company irrevocably authorizes Revi to debit the account through direct debit or credit to the credit card that must be paid at the expiration of each subscription, provided that something different was not agreed in writing . If the bank account does not have sufficient balance, the depository credit institution that maintains the account has no obligation to pay. In the process of account debit through direct debit, partial collections are not made.
5.6. To cover the risk of collecting the credit Revi reserves the right to restrict the choice of payment methods.
5.7. The registration fee is payable immediately after receipt of the invoice, with expiration according to the designated payment deadline. Monthly installments are due 30 days after each payment, unless otherwise agreed in writing. Payment will be formalized upon receipt of the cash.
5.8. In case of delay in payment, Revi is authorized to reduce the subscription and temporarily convert it into a Revi Free subscription
5.9. Revi expressly reserves the right to block the valuation profile of the company and not to provide services while the company is in default with respect to the payment of accrued fees.
5.10. Term to be able to validly cancel the purchase of the service
You can cancel the purchase and receive the refund of the full payment made within 14 days from the purchase. However, please note that, if you already start receiving customer opinions in that 14-day period, you will no longer be entitled to cancel or cancel the purchase. In addition, after that period of 14 days will no longer be entitled to cancel your purchase in that month or receive a refund of the payment even if you have not received any opinion about your store.
6. Obligations of the company
6.1. If the data indicated by the company in the registration vary, the company is obliged to immediately notify these changes to Revi.
6.2. The company can not make abusive use of Revi's valuation system, especially through positive evaluations, which create an incorrect impression, made personally or on request. The company can not take any action that results in negative ratings not being included in the system. At the same time, the company will not be able to modify or falsify the valuations obtained from the clients due to the opinion control system used by Revi, where only one valuation can be issued for the actual purchase of a customer.
6.3. The company will refrain from doing activities designed to disable, manipulate or hinder the use of the Revi valuation system.
6.4. The company is obliged to protect and maintain the confidentiality of the access data to Revi (user name, account password and interface password) against unauthorized use by third parties. You must inform Revi immediately if you justifiably suspect that an abusive use has occurred.
6.5. The company is not authorized to deposit, offer or distribute in any way contents for downloading on Internet sites that are associated with the system of Revi valuations that are illegal or immoral, especially discriminatory, racist, glorifying or pornographic content.
6.6. The company responds personally to the way in which it addresses customers in relation to the possibility of valuation, as well as the eventual consent by their end customers and their declaration of data protection. Revi does not assume any responsibility in this regard.
6.7. Revi undertakes to reflect real opinions about the store or products without any censorship, and only when they come from real and verified purchases through the Revi control system. These opinions can only be modified by the same author of the opinion, either autonomously or with the help of a meditative process.
6.8. Each review is linked to a real user who can be contacted. In almost being a negative opinion, Revi will mediate between the store and the consumer in pursuit of conflict resolution, always anonymously and without providing personal data to any party beyond the content in the same opinion.
6.9. Comments and their content must not violate current legislation or regulations. In particular, it is unlawful to use racist, sexist, defamatory or offensive language that violates a person's privacy, reproduces private conversations or uses copyrighted works. Nor does it allow opinion on issues outside the one that should be dealt with within the opinion itself.
6.10. Revi and its system are not responsible for situations derived from its use, from the non- opening of opinion requests to the loss of traffic or sales resulting from obtaining bad rating s in opinions.
6.11. Neither can Revi guarantee the perfect functioning of the platform due to the nature of the computer systems and failures derived from the different technical segments that make up the Revi system.
6.12. An opinion about a brand can be rejected when it is considered inappropriate,
defamatory or unacceptable in terms of an attack on honor, if there is evidence that it may be
a false opinion, when no reference is made to the brand itself, it is biased or with interest
manipulation of values.
It is also rejectable when it contains personal data, competitors are quoted, the product is not
tested, it is spam, or it violates the publication laws that must be respected by Revi.
Finally, it can be rejected if the author contacts Revi to retract, modify or delete the published
opinion.
7. Obligations of the client
At the time of signing the contract, the client subscribes to these conditions of service and obligations.
7.1. The client undertakes to accept all types of evaluations, although they may report them and respond to them if they consider them unjustified, as well as open a mediation process. He must rely on Revi's quality guidelines when accepting final decisions on the legality or otherwise of an assessment.
7.2. The client is responsible for the use and security of his indicator, password and access codes, and for the misuse that a third party may make of them. In case of loss, the customer must notify Revi as soon as possible so that appropriate measures can be taken. In case of usurpation of the same, the client may be given new access codes.
7.3. The client is responsible for their access to their web page and all the internal procedures that they must carry out to keep their Revi installation running.
7.4. In the event that the client does not respect some of his obligations, Revi has the right to suspend his account until the dispute is resolved amicably or judicially.
7.5. Payments for both annual and monthly plans will be made in euros and should not be delayed when payment is made at the exact time of contracting or renewal. In the event of a payment error, several retries will be made up to a maximum of 7 days from the default payment date. If this cannot be done, the account will go to “Free” status.
7.6. Consumers must respect certain conditions in order to issue an opinion. These are being a natural person, not being in a situation of conflict of interest with the company and having had real experience of consuming the product or service.
8. Intellectual property
8.1. Both the intellectual property of the Revi brand and the Revi widgets and their solution are the property of Revi.
8.2. The client undertakes not to disseminate or transmit information that involves an infringement of any intellectual or industrial property right, or that entails any criminal offense.
8.3. The Client selflessly grants Revi the non-exclusive, non-transferable or transferable right to use, for the duration of their contractual relationship, their name and logo on the Revi Website and, in particular, in the Client's testimony. So also your name and logo.
8.4. The Client guarantees that it is the owner of the trademarks under whose name it carries out its activity and thus ensures that the reproduction of the name or logo by Revi will not give rise to any claim for damages derived from the violation of the rights of a third party. for the use, within the strict framework of their contractual relationship, of the Client's name and logo.
9. Processing of personal data
Particularly concerned about the problems associated with respect for confidentiality and the protection of Personal Data, the Parties propose to define, under the terms of this clause:
- The conditions, means and purposes in which that Revi carries out, on behalf of the Client, the operations of treatment of Personal Data of Consumers, defined below. - The conditions, means and purposes in which Revi carries out the operations of treatment of Personal Data of Consumers.
In any case, Revi undertakes to respect the current regulations applicable to the processing of
Personal Data and, in particular, regulation (EU) 2016/679 of the European Parliament and of
the Council of April 27, 2016 (RGPD). In addition, the processing of personal data carried out by
Revi to measure consumer satisfaction is not of a commercial nature. This processing is based
on the legitimate interest of merchants to improve their services and the consumer
experience, which is permitted by data protection regulations.
In this context, the consumer must be duly informed before the processing of their personal
data through Revi; your consent is not required. This information must be provided in the
General Conditions of Sale or Provision of Services and in the Client's Privacy Policy, which
must be accepted by the Consumer at the time of purchase or order through a clear positive
act.
Therefore, the client must insert in both documents a paragraph of the type: "By accepting this
document, the Consumer acknowledges having been informed that their Personal Data may be
transmitted to a third party of Revi in order to obtain their opinion after your order.
Revi will use the personal data of consumers only within the framework of its solution and for
the sole needs of its solution. The consumer's personal information is hosted by Dinahosting.
Revi will formally refrain from communicating to any person any personal or nominative
information that allows the identification of the consumer or that infringes the respect for
their privacy.
The consumer has the possibility to oppose the dissemination of this information to Revi
through the address: hello@revi.io ».
Since this paragraph is a generic model, the Client must adapt it if necessary according to the
specifics of its activity.
9.1. Treatment of Personal Data of Consumers
1) Description of the treatment In order for the Solution that is the object of this contract to
function and, above all, for the Client Opinions to be collected and visible on the Internet, it is
necessary for the Client to collect and process some Personal Data Consumer staff.
Indeed, the Revi company may only collect, under the conditions established in article 6
hereof, Opinions regarding the quality of the Products and/or services of the Client after
having received the Consumer Database containing said Data.
Thus, the Client must provide Revi, for each Consumer, the following Personal Data:
When a Review is submitted and, if applicable, during the Moderation process and for the operation of the "Questions/Answers" module, Revi will collect, on behalf of the Client, the following Supplementary Data:
The Consumer Data made public by posting an Opinion or by answering a question from an Internet user will be limited to the following Data:
The purposes of this process, which the Client determines under his responsibility, are the following:
Depending on the specific needs of the Client, Revi may, eventually, process other categories
of Personal Data such as age, telephone number, the Consumer's consumption habits, and
where appropriate may be accessible to the public through the publication of the Opinion.
These complementary Personal Data must appear listed in an annex to these conditions. This
annex must specify the specific purposes of the collection and processing of this Personal Data.
Revi may also process other Data that the Consumer has deliberately decided to transmit to
him at the time the Opinion is submitted.
2) Obligations of the Client
It is recalled that the Client determines, under his entire responsibility, the categories of
Personal Data, as well as the means and purposes of the treatment object of this contract.
In this way, the Client acts as "data controller" within the meaning of regulation (EU) 2016/679
of the European Parliament and of the Council of April 27, 2016 (GDPR).
The Client must be in a position to justify the information provided to the Consumer in relation
to the processing of their Personal Data, at all times and by simple request from the Revi
company.
The Customer shall be solely responsible to the Consumer for any omitted information,
inaccuracy, error or omission relating to their Data.
The Client agrees to:
Revi reserves the right, without the Client being able to engage its responsibility, not to follow
any instructions sent by the Client that could constitute a violation of the applicable
regulations and, in particular, of the GDPR.
When a Consumer exercises any of his rights before the Client, the latter must inform Revi
within 48 hours.
3) Revi's obligations
It is recalled that the Revi company acts as a "Control" of the Client within the meaning of
article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council of April
27, 2016 (GDPR), and is authorized to treat Personal Data of Consumers on behalf of and by
order of the Customer.
By virtue of which, Revi undertakes to:
It should be noted that when a Consumer exercises one of their rights before the Revi Company, it must inform the Client within 48 hours.
4) Outsourcing
Taking into account the technical restrictions associated with the operation of the Solution and
in order to increase, in the Client's interest, the visibility of the Reviews, the Client authorizes
Revi to use subcontractors and partners of its choice, whose list and contact details may be
communicated at the client's request by email to: hola@revi.io.
Revi may also resort to another subcontractor or partner that it deems appropriate, provided
it previously informs the Client, who will have a period of eight (8) days to present any possible
objections.
Revi ensures that all of its subcontractors or partners respect the Client's obligations and
instructions derived from these Conditions and present sufficient guarantees in relation to the
application of sufficient technical and organizational measures, so that the treatment complies
with the requirements of applicable regulations and, in particular, with the GDPR.
9.2. Treatment of the Client's personal data
Within the framework of the execution of these Conditions, Revi may collect certain Customer
Data related to the person in charge within the company, and of any person who has access to
the Solution.
The foundations, modalities and purposes related to this collection and treatment are defined
in Revi's Privacy Policy.
10: Complaint - Request for information
Revi will do everything possible to respond to any complaint and will try to resolve the dispute.
Any query or demand may be addressed to the following address: hola@revi.io
11. Consequences of abusive use
If the obligations described in point 4 are violated, Revi is authorized to block access to the
Revi rating system in whole or in part, to technically prevent the display of the rating profile on
the client's Internet pages or to terminate the contract without the need for prior notification.
Revi's rights to compensation for damages are not affected by this.
12. Warranty and Liability
12.1. Revi is liable for damages caused by it or by its employees due to intent or gross negligence.
12.2. Revi does not guarantee that the Revi rating system will be available, accessible and error-free at all times. As a consequence of technical circumstances over which Revi has no influence, delays or failures in access and transmission may occur.
12.3. Revi excludes its liability for breaches of obligations due to slight negligence, provided that such breaches do not relate to essential obligations of the contract, to health or physical integrity or affect rights under product liability legislation. The same is valid for breaches of obligations caused by auxiliaries.
12.4. In case of a slight negligence infringement of an essential obligation of the contract, the liability is limited to the total amount that the company must pay during the term of the contract for the use of the Revi valuation system and to the damages that would normally occur in the framework of the contract. Liability for atypical contractual damages, damages due to defects in the thing and lost profits is excluded.
12.5. All technical information provided by Revi and all advisory services provided by Revi that do not fall within the scope of the agreed contractual services are provided free of charge and under exclusion of all liability.
12.6. Revi cannot be held responsible for sales decline or stagnation after implementation of Revi by feedback customer refusals and the failure of the Dialogue Platform. In turn, liability is also excluded for software failures due to installation in the company, possible server failures and their consequences.
12.7. Revi does not guarantee that the Web page where Revi operates will always be available.
12.8. The company exempts Revi from any claim for compensation for damages, liability rights and all costs incurred because a final client of the company alleges that the dialogue failed, because a valuation was not activated or was not immediately activated. at the request of the company or because the company did not duly inform its end customers about the voluntary nature of the delivery of evaluations, about the development, about the term or about the conciliation procedure in case of negative evaluation and about the transmission of data. Revi informs that the Customer Dialogue Platform in no way replaces the legislation on Consumer Protection in Electronic Commerce (§ 312b and ss Spanish Civil Code). Revi has no responsibility in the event that a customer does not comply with such legislation.
13. Final provisions
13.1. The competent jurisdiction for all possible disputes in the contractual relationship between Revi and the company is Valencia.
13.2. Relations between Revi and the company are exclusively subject to Spanish law.
13.3. The Certification Page where the evaluations of the final clients are published is and will remain the property of Revi. Accordingly, Revi is authorized to publish such reviews on search engines and social networks.
13.4. The company and Revi will present the information and provide the necessary documents, including data of any kind, for the execution of the service contract, these being treated in a strictly confidential manner and only available to the personnel in charge of its execution. Unless Revi needs to process said information due to the performance of any of the services derived from the contract, the personal data will always remain under the protection of the legal provisions related to Revi's Privacy Policy. The personal data that is transmitted to Revi will only be stored and used within the framework of the contractual relationship. The data will not be provided to uninvolved third parties. Revi indicates that the provision of personal data is voluntary. On the other hand, Revi provides the right of withdrawal, that is, personal data may be deleted at any time.
13.5. The modifications of these general commercial conditions and of the prices will be communicated in writing to the company. Modifications are considered accepted when the company does not reject them in writing. Revi will specifically indicate that consequence in the communication. The cancellation must be received within two weeks from the receipt of the communication.
13.6. Declarations and cancellations relating to the contract will only be valid when made in writing.
13.7. If one provision of these Terms of Use is invalid, it will not affect the other provisions. The invalid provision must be replaced by another that with legal validity economically approximates as much as possible the objective and meaning of that provision.