Terms of Service – ReviewSpark

§ 1 Scope and Contracting Parties

(1) These Terms of Service apply to all contracts between **Expert Sieve UG (haftungsbeschränkt)** Wilhelm-Raabe-Str. 6 04416 Markkleeberg Germany (hereinafter "Provider") and the customer regarding the use of the software-as-a-service platform "ReviewSpark" (hereinafter "Service"). (2) Deviating, conflicting, or supplementary terms of the customer shall only become part of the contract if the Provider has expressly agreed to their validity in writing. (3) The Service is exclusively aimed at entrepreneurs within the meaning of § 14 BGB (B2B). By registering, the customer confirms that they use the Service for commercial or independent professional purposes.

§ 2 Service Description

(1) ReviewSpark is a performance review management platform. The Service enables: • Creation and management of performance reviews • AI-powered template generation • Goal management and tracking • Analytics and reporting • Automated reminders (2) The exact scope of services results from the tariff selected by the customer (Startup, Grown-up, Scale-up, or Enterprise) according to the current price list on the website.

§ 3 Contract Conclusion and Registration

(1) The presentation of the Service on the website does not constitute a legally binding offer, but an invitation to submit an offer. (2) By completing the registration, the customer submits a binding offer to conclude a user contract. The contract is concluded when the Provider accepts the offer by activating the customer account. (3) The customer is obligated to provide truthful and complete information during registration and to keep it up to date.

§ 4 Prices and Payment Terms

(1) The prices published on the website at the time of contract conclusion apply. All prices are in Euros plus statutory VAT. (2) Billing is done monthly or annually in advance, depending on the selected payment method. (3) Payment is made by credit card (Visa, Mastercard, American Express) or SEPA direct debit.

§ 5 Contract Duration and Termination

(1) The contract is concluded for an indefinite period. (2) With monthly payment, the contract can be terminated by either party at any time at the end of the current billing month. (3) With annual payment, the contract can be terminated by either party with 30 days notice at the end of the respective contract year. (4) The free Startup plan can be terminated at any time without notice.

§ 6 Data and Privacy

(1) The customer remains the owner of all data entered or uploaded during the use of the Service. (2) All data is processed and stored in data centers within the European Union. (3) After contract termination, the customer has 30 days to export their data. After that, all customer data will be permanently deleted.

§ 7 Liability

(1) The Provider is fully liable for intent and gross negligence as well as for damages resulting from injury to life, body, or health. (2) In case of slight negligence, the Provider is only liable for breach of essential contractual obligations. Liability is limited to the typical, foreseeable damage.

§ 8 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. (2) If the customer is a merchant, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider's registered office (Leipzig). (3) Should individual provisions of these Terms of Service be invalid, the validity of the remaining provisions shall remain unaffected.