Terms and Conditions

These General Terms and Conditions (hereinafter "GTC") apply to all contracts between CS Holding UG (haftungsbeschränkt), Zur Meesche 22, 38159 Vechelde, Germany (hereinafter "Provider"), operating under the brand "Seedback", and the customer (hereinafter "Customer") regarding the use of the web-based Software-as-a-Service platform "Seedback" (hereinafter "Platform"). The Customer may be an entrepreneur within the meaning of § 14 BGB (German Civil Code) or a consumer within the meaning of § 13 BGB. Deviating, conflicting or supplementary terms of the Customer shall only become part of the contract if and insofar as the Provider has expressly agreed to their validity in writing.

(1) The Provider makes available to the Customer a web-based software solution (SaaS) via the Internet, which includes in particular the following functions: collection and management of customer reviews via individual feedback pages and QR codes; forwarding of positive reviews to Google and other review platforms; automatic tree donation per review submitted in cooperation with Plant-for-the-Planet; an optional Reward Wheel module to increase review motivation; sending of digital tree certificates via email; and a dashboard for analysing and managing reviews received. (2) The exact scope of services is determined by the current service description on the Provider's website (seed-back.com). The Provider is entitled to further develop and adapt the functionality of the Platform, provided that the essential contractual functionality is not restricted.

(1) The contract is formed upon registration of a customer account and successful completion of the payment process via the payment service provider Stripe. By completing the checkout process, the Customer makes a binding offer to conclude a usage contract, which the Provider accepts by providing access to the Platform. (2) The Customer warrants that the data provided during registration is complete and accurate, and undertakes to update any changes without delay. (3) The contract may only be concluded by adults with full legal capacity or duly represented legal entities.

(1) Use of the Platform is based on a monthly subscription. The currently applicable prices are set out in the price list on the Provider's website. The current monthly base fee is €29 net. In addition, a usage-based fee of €1 net per review submitted is charged, which includes the tree donation via Plant-for-the-Planet. Optional add-on modules (e.g. the Reward Wheel) can be booked separately. (2) All prices quoted are net prices plus the applicable statutory value added tax. (3) Billing and payment processing is carried out via the payment service provider Stripe Payments Europe, Limited (Dublin, Ireland). The Customer agrees to the processing via Stripe and its terms of use. The monthly base fee is billed in advance, the usage-based fee at the end of the respective billing period. (4) In the event of default in payment, the Provider is entitled to suspend access to the Platform after a reminder and a reasonable grace period.

(1) The Provider grants the Customer a simple, non-transferable, non-sublicensable right to use the Platform in accordance with the contract for the duration of the contract. (2) The Customer is obliged to keep their access data confidential and to protect it from access by third parties. In case of suspected unauthorised use, the Provider must be informed immediately. (3) The Customer may not misuse the Platform, in particular may not post or distribute any unlawful, defamatory or misleading content. (4) The Customer is responsible for ensuring that the use of the Platform complies with applicable law, in particular competition law and data protection regulations (GDPR).

(1) For each review submitted via the Platform, a tree donation of €1 is made on behalf of the Provider to certified reforestation projects through the organisation Plant-for-the-Planet. The Provider provides this donation as its own service. (2) The Customer has no individual claim to the planting of a specific tree at a specific location. The donation flows into the overall project portfolio of Plant-for-the-Planet. (3) Should Plant-for-the-Planet cease its activities or the cooperation end, the Provider is entitled to process tree donations through a comparable organisation. The Provider will inform the Customer accordingly.

(1) The Provider endeavours to ensure the Platform is available without interruption as far as possible, but cannot guarantee one hundred percent availability. In particular, maintenance work, software updates, force majeure or disruptions at third-party providers (e.g. hosting providers, API services) may lead to temporary restrictions. (2) The Provider will schedule planned maintenance work during low-usage periods where possible and inform the Customer in good time. (3) The Platform is operated on servers within the EU.

(1) The Provider warrants that the Platform essentially corresponds to the functions specified in the service description. Insignificant deviations do not constitute a defect. (2) The Customer must report defects immediately upon discovery in writing or by email to info@seed-back.com, describing the defect in as much detail as possible. (3) The Provider will remedy reported defects within a reasonable period. If rectification fails after two attempts, the Customer is entitled to a reduction or, in the case of a not insignificant defect, to termination for good cause.

(1) The Provider shall be liable without limitation for intent and gross negligence as well as for damages arising from injury to life, body or health. (2) In the case of slight negligence, the Provider shall only be liable for breach of material contractual obligations (cardinal obligations). In this case, liability is limited to the foreseeable, contract-typical damage. Damage is deemed foreseeable and contract-typical up to the amount of the remuneration paid by the Customer in the last 12 months, but no more than €500. (3) Liability under the Product Liability Act remains unaffected. (4) The Provider is not liable for the achievement of specific review results, revenue increases or other economic success of the Customer. (5) The Provider is only liable for loss of data insofar as the Customer has carried out appropriate data backup.

(1) The contract is concluded for an indefinite period and runs in monthly billing periods. (2) Either party may ordinarily terminate the contract with 14 days' notice to the end of the current billing period. The Customer may terminate at any time via the customer portal (Stripe customer portal) in the app or by email to info@seed-back.com. (3) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the Customer is in default of payment of more than one monthly fee despite a reminder, or the Customer misuses the Platform in a serious manner. (4) After termination of the contract, customer data will be deleted within 30 days, unless statutory retention obligations require otherwise.

The processing of personal data in connection with the use of the Platform is carried out in accordance with the Provider's Privacy Policy, available at seed-back.com/datenschutz. If the Customer has personal data of their end customers (reviewers) processed via the Platform, the parties shall conclude a data processing agreement pursuant to Art. 28 GDPR. The Provider uses subcontractors to provide its services, in particular Supabase Inc. (processing on EU servers), Stripe Payments Europe, Limited (Dublin, Ireland), Resend Inc. (USA, based on the EU-US Data Privacy Framework) and Plant-for-the-Planet. The Provider ensures that appropriate safeguards pursuant to Art. 46 GDPR are in place insofar as processing takes place outside the EEA.

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the consumer's habitual residence is not withdrawn. (2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes is the registered office of the Provider. (3) Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision. (4) The Provider reserves the right to amend these GTC with effect for the future. The Customer will be informed of changes by email at least 30 days before they take effect. If the Customer does not object to the change within 30 days of receipt of the notification, the amended GTC shall be deemed accepted. The Provider will draw the Customer's attention to the significance of the deadline and the legal consequences of silence in the notification of change.