Terms of Service

1. Eligibility

You must be at least 16 years old and legally capable of entering into a binding contract to use the Service. If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms, and references to "you" include that business.

2. Description of Service

Tarvio allows you to collect text and video testimonials from your customers via shareable links, manage and approve those testimonials, and embed them on your website using a widget.

The Service is offered across multiple subscription tiers. Pricing, plan limits, and included features are as described on our pricing page and confirmed at checkout. Prices are subject to change as set out in Section 4.

We reserve the right to add, modify, limit, or discontinue any feature, tier, or aspect of the Service at any time, at our sole discretion, with or without notice. We are not liable to you or any third party for any such modification, suspension, or discontinuation.

3. Accounts

• You are responsible for maintaining the confidentiality of your login credentials.
• You are responsible for all activity that occurs under your account.
• Notify us immediately at [email protected] if you suspect unauthorized access.
• You may not share accounts or create accounts on behalf of others without our written permission.
• You may not create multiple accounts to circumvent plan limits or a suspension.

4. Subscriptions & Payment

• Paid subscriptions are billed monthly in advance via Stripe and renew automatically until cancelled.
• All fees are non-refundable except where required by mandatory applicable law or at our sole discretion.
• If a payment fails, we may downgrade your account to the Free tier after a reasonable grace period.
• You may cancel your subscription at any time from your account settings. Access to paid features continues until the end of the current billing period.
• We may change subscription prices or introduce fees for features currently offered at no charge. We will provide 30 days' notice to existing subscribers by email. Continued use after the effective date constitutes acceptance of the new pricing.
• As a Kleinunternehmer under §19 UStG, we currently do not charge VAT. Prices shown are final. We will notify you if our VAT status changes.

5. Right of Withdrawal (EU Consumers)

If you are a consumer resident in the EU, you have a statutory right to withdraw from a new subscription contract within 14 days of purchase without giving any reason.

However, by expressly requesting that the Service begin immediately at checkout and acknowledging that you thereby lose your right of withdrawal, you waive this right once the Service has commenced, in accordance with §356 Abs. 5 BGB and EU Consumer Rights Directive Art. 16(m). This waiver is confirmed at the point of payment.

6. Acceptable Use

You agree not to use the Service to:

• Collect testimonials without the knowledge or consent of the submitters
• Post or distribute false, misleading, defamatory, or fraudulent content
• Impersonate any person or entity
• Send spam or unsolicited communications
• Upload malware, viruses, or any harmful code
• Violate any applicable law or regulation, including privacy laws
• Attempt to gain unauthorized access to our systems or other users' accounts
• Resell, sublicense, or commercially exploit the Service without our prior written consent
• Reverse engineer, decompile, or otherwise attempt to extract the source code of the Service

We reserve the right to determine, in our sole discretion, whether any use violates this section.

7. User Content

"User Content" means testimonials, media, and other material submitted to or through the Service.

• You retain ownership of User Content you upload.
• By submitting User Content you grant Tarvio a worldwide, royalty-free, non-exclusive license to store, process, display, sublicense to third-party service providers, and create derivative works for technical purposes (such as transcoding or compression), as necessary to operate the Service.
• You are solely responsible for ensuring you have the right to collect and display testimonials from your customers, including obtaining any required consents under applicable law.
• We may remove User Content that violates these Terms or applicable law, at any time and without notice, at our sole discretion.

8. Intellectual Property

The Service, including its software, design, trademarks, and content (excluding User Content), is owned by Tarvio and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Service without our prior written consent. Any feedback or suggestions you provide may be used by us without restriction or compensation to you.

9. Termination & Suspension

We may suspend or terminate your access to the Service at any time, for any reason or no reason, at our sole discretion, with or without notice. Reasons may include, without limitation, suspected violation of these Terms, non-payment, inactivity, or operational necessity. We may also temporarily suspend the Service for maintenance, security reviews, or other operational reasons.

You may terminate your account at any time from your account settings. Upon any termination, your right to use the Service ends immediately. Your data will be deleted within 90 days of termination, except where retention is required by law or necessary to resolve outstanding disputes.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

We do not guarantee any specific level of uptime or availability. The Service is provided on a best-effort basis and we expressly disclaim any implied SLA or availability commitment.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TARVIO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

Notwithstanding the above, nothing in these Terms excludes or limits our liability for (i) gross negligence or wilful misconduct, (ii) death or personal injury caused by our negligence, or (iii) any other liability that cannot be excluded under mandatory applicable law, including the German Product Liability Act (Produkthaftungsgesetz).

12. Indemnification

To the extent permitted by applicable law, and where you are acting in the course of a trade, business, or profession (B2B), you agree to indemnify and hold Tarvio and its officers, directors, employees, and agents harmless from any third-party claims, losses, or damages (including reasonable legal fees) arising from your use of the Service, your User Content, or your violation of these Terms. This indemnification obligation does not apply to consumers acting outside the scope of a business.

13. Force Majeure

We are not liable for any delay or failure in performance of the Service resulting from causes beyond our reasonable control, including but not limited to: outages of third-party infrastructure or services (including Supabase, Stripe, or Cloudflare), internet or telecommunications failures, denial-of-service attacks, cyberattacks, acts of God, natural disasters, pandemics, labor disputes, or government actions.

14. Governing Law & Disputes

These Terms are governed by the laws of the Federal Republic of Germany, without regard to conflict of law principles. Any dispute arising from or related to these Terms shall first be attempted to be resolved informally by contacting us at [email protected]. If unresolved within 30 days, disputes shall be subject to the exclusive jurisdiction of the courts of Sassenburg, Germany. If you are a consumer in the EU, you retain the benefit of any mandatory consumer protection laws in your country of residence that cannot be derogated from by agreement.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you by email or by posting a notice on the Service at least 14 days before the changes take effect for existing users. Continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service before the effective date.

16. General Provisions

• Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it enforceable.
• Waiver. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing to be effective.
• Entire Agreement. These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Tarvio regarding the Service and supersede all prior agreements.
• Assignment. We may assign or transfer our rights and obligations under these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, or sale of assets. You may not assign your rights without our prior written consent.
• No Agency. Nothing in these Terms creates any agency, partnership, or joint venture between you and Tarvio.

17. Contact

Questions about these Terms: [email protected]. See also our Impressum for full legal contact details.