General Terms and Conditions – heypost.io
1. Application of the Terms and Conditions
heypost.io is an Internet offering of Edenspiekermann AG (hereinafter referred to as “Espi”), represented by the Management Board Oliver Schmidthals, Michael Börner and Christian Hanke, Edenspiekermann AG, Potsdamer Straße 83, 10785 Berlin, Germany (Commercial Register: Amtsgericht Berlin-Charlottenburg, Commercial Register Number HRB: 106742), which may be accessed via the website www.heypost.io (hereinafter referred to as “Website” or “Post”).
These General Terms and Conditions govern the contractual relationship between Espi and the User on the use of heypost.io. By registering for heypost.io, the User agrees to the application of these Terms and Conditions. The General Terms and Conditions shall only apply where the User is an entrepreneur (Section 14 German Civil Code), a legal entity under public law or a special fund under public law. The services offered via Post are expressly not intended for consumers. According to Section 13 German Civil Code, a consumer is any natural person who enters into a legal transaction for purposes that can predominantly outside his trade, business or profession.
2. Service and scope of use
2.1 Post enables its users to monitor stories and get practical tips to boost performance, so content organisations can embrace data culture. POST notifies the editors about critical peculiarities in their articles’ performance. It includes an integration between the data sources and communication channels (currently: Google Analytics and Slack). Notifications are generated based on predefined alerts. The so called alerts are predefined via an easy-to-use dashboard. Articles are then tracked and monitored based on the selection of alerts. If conditions of respective alerts are met, notification with actionable recommendation is fired. Recommendations are delivered in a conversational style.
Users are offered both free and paid services (hereinafter jointly referred to as “Services”) via the website. Paid services (hereinafter referred to as “Subscriptions”) are identified as such. Additional information on our services is available at https://www.heypost.io/how-it-works.
2.2 The use of POST and the access of content via the website requires a sufficiently efficient Internet connection (Wi-Fi or mobile network (such as LTE or 4G)) to the device, for the use of which costs may be charged separately by the respective telecommunications provider.
3.1 The use of Post requires the registration of the users. Registration is free of charge. Users are not entitled to registration. To register for Post, users must be 18 years of age or older and have unrestricted legal capacity.
3.2 To register on Post, users shall complete the registration form available on the website (“Try Now”) entirely and truthfully. Users are obligated to truthfully state the information requested during registration (Your Name, Company Name, Your Email) and in particular not to use any data of third parties.
3.3 By sending the completed registration form, Users submit an offer to Espi to enter into an agreement for the use of Post including these General Terms and Conditions (hereinafter referred to as “Registration Agreement”). Espi shall confirm such offer to the user by email.
3.4 Should the registration data sent by users to Espi change, users shall be obligated to update their profiles without undue delay. Passwords may not be disseminated to any other persons.
4. Trial subscriptions
Post offers registered users the opportunity to use paid subscriptions for a trial period free of charge or at a reduced price (“Trial Subscription”). Unless otherwise indicated during registration, the free trial period will be 30 days and is intended to allow new users to try POST.
Unless users cancel their membership prior to the end of the free trial period, the monthly use fee shall be charged to the user account at the end of the free trial period. The user fee shall be paid via the payment method specified by the user. To manage your subscription click on the “Billing” link on the “Account” page.
5. Conclusion of a contract
User firstly subscribes for free. User can then use the unlimited service for 30 days. User will be presented with a payment/subscription screen once the free 30 days expires. To continue to use the service users will be asked to fill in credit card details. The contract for the subscription shall enter into force by POST activating the user-selected subscription after completion of the order.
6. Term and termination
6.1 Subscriptions shall have the term agreed at the time of conclusion of the contract. They shall be automatically extended by the minimum term of the respective subscription, unless the subscription has been terminated by the User under the “Billing” section in the user dashboard.
6.2 The right of both parties to extraordinarily terminate a subscription for cause shall remain unaffected by the foregoing provision. For Espi, cause for extraordinary termination is in particular given where • users violate material obligations from the user agreement and fail to remedy such violations despite prior warning and setting of a deadline; • users have provided false and/or incomplete information during registration and/or have not updated their registration data in the event of subsequent changes; • users are in arrears relating to the fee for chargeable content despite reminder and setting of a deadline; • Espi ceases to operate Post or makes a significant change to the functions and/or contents of Post.
7. Prices and payment
7.1 The prices for subscriptions agreed at the time of conclusion of the contract shall apply. All prices are indicated in euros and include statutory value-added tax.
7.2 Edenspiekermann offers users a credit card only as a payment method. Depending on the subscription, payment shall be made monthly in advance by the payment method at the time of conclusion of the contract.
8. Warranty The statutory provisions shall apply to claims based on defective performance.
9.1 Espi shall be liable without limitation for injury to life, limb or health. In the event of impossibility and default as well as in the event of violation of material contractual obligations, Espi shall also be liable in case of slight negligence, but limited to typical, foreseeable damage. Material contractual obligations (cardinal obligations) are contractual obligations whose fulfilment is essential for the proper performance of the contract and on whose fulfilment users regularly rely and may rely. Typical foreseeable damage is such damage that falls under the protective purpose of the respective violated contractual provision. Otherwise, Espi shall not be liable for slight negligence. The above limitations of liability shall also apply to Espi’s corporate bodies and vicarious agents.
9.2 According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. Espi shall therefore not be liable for the constant and uninterrupted availability of Post.
10. Data protection Espi shall process personal data of users in accordance with the https://www.heypost.io/privacy-policy/
Any amendments shall only become effective for users if they are expressly notified thereof in advance by e-mail and users do not object to the application of the new General Terms and Conditions within four weeks from receipt of the notification. Jointly with the notification of the amendment of the General Terms and Conditions, Espi shall point out to users that the new version will be deemed approved unless an objection has been made in due time.
12. Language of the agreement, applicable law, legal venue
12.1 Any and all disputes arising from the legal relationship between any users and Espi shall be governed by the laws of the Federal Republic of Germany. Unless agreed otherwise, German law shall also apply to contractual relationships with users from foreign countries. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the Convention relating to a Uniform Law on the International Sale of Goods (ULIS) and the German Uniform Code on the Forming of Contracts for the International Sale of Movable Goods shall be excluded.
12.2 Where the user is an entrepreneur, a legal entity under public law or a special fund under public law, the legal venue for any and all disputes arising from or in connection with the contract and any related legal relationships shall be the place of Espi’s registered office for both parties.
Last updated: January 2019