These Terms of Service (“Terms”) define the agreement between the parties governing the services provided by thetopbeautyreview.com as defined in the Service Agreement entered into between thetopbeautyreview.com and the company or organization requesting the said services (“Company”).
The services provided by thetopbeautyreview.com include, but are not limited to, the collection of reviews, ratings, and other forms of feedback from the Company’s end customers. This includes systems and software to collect feedback directly from the Company’s end customers, publish and aggregate these reviews online, and tools to track, manage, and analyze the collected reviews.
By entering into the Service Agreement, the Company acknowledges and agrees to these terms of service. These Terms of Service, as set out below, define the terms on which thetopbeautyreview.com agrees to provide services to the Company.
By accepting the Terms of Service below, the Company also acknowledges that all services provided are subject to our Data Policy and all procedures set forth therein.
Definitions and Terms
“End Customer” means a customer of the Company who is eligible to provide Feedback, such as in the form of ratings and reviews, as set out in these Terms.
“Feedback” refers to all types of content, including textual and numerical ratings and reviews, provided by the Company’s End Customers of thetopbeautyreview.com as a result of a Feedback Request sent to them after transacting with the Company.
“Feedback Request” refers to the communication between thetopbeautyreview.com and the Company’s End Customer, inviting them to submit Feedback regarding a previous transaction between the End User and the Company.
“Service Agreement” means the contractual agreement entered into between thetopbeautyreview.com and the Company for the provision of services as set out in the Service Agreement and these Terms of Service. This may be referred to in various contexts as “Agreement”, “Contract”, “Purchase Agreement”, “Order” or “Service Agreement”, or by other titles where the text clearly states that the agreement constitutes the Service Agreement between thetopbeautyreview.com and the Company.
“Service Period” means the term of the contractual agreement for the provision of services from thetopbeautyreview.com to the Company. Unless otherwise specified, this period shall continue and repeat continuously until the Service Agreement is terminated by these Terms of Service.
“Certified Review Page” refers to the website where thetopbeautyreview.com publishes the ratings and reviews collected for the Company, along with official information about the Company and summary information related to the Feedback collected. Where the Company owns and operates multiple websites for which thetopbeautyreview.com collects Feedback, separate Certified Review Pages may be created for each website, as outlined in the Service Agreement.
“Marketing Materials” refers to any seals, widgets, gifs, and images representing the thetopbeautyreview.com brand and specific Company feedback. Marketing materials displayed on the Company website (or websites).
“Client Backend” is a login-protected area where the Company can modify its account settings and email templates, as well as visualize its ratings and reviews, respond to feedback left, and download Marketing Materials and scripts.
Getting to Work
2.1 By accepting the Service Agreement, the Company enters into a legally binding contract with thetopbeautyreview.com to provide the specified services. By entering into the contract, the Company declares that it is operating a commercial or professional service and is a legal entity entitled to enter into such agreements and transactions.
2.2 The Service Agreement can be concluded via online form, email, or postal mail. The legal effect of the contract shall commence on the date of signing (or the date of submission, in the case of online acceptance).
Services
3.1 thetopbeautyreview.com provides services that allow for the collection of reviews, ratings, and other forms of Feedback from the Company’s End Customers. The specific services included, as well as the applicable limitations and conditions, are determined by the specific service package selected and outlined in the Service Agreement.
3.2 Any changes to the scope of services must be agreed upon in writing by both parties. In the absence of such agreement, the provision of services will be limited to the services outlined in the selected service package in the original Service Agreement.
Copyright, Licensing, and Ownership
4.1 Marketing Materials
During the Service Period, the Company shall have the right to publish certain Marketing Materials on the website(s) affiliated with the Company as outlined in the Service Agreement. In the event of termination of the Service by either party, all rights to publish such materials shall lapse.
These Marketing Materials include thetopbeautyreview.com Items and Seals provided to the Company or created for the Company by thetopbeautyreview.com upon request. Independently created materials containing any thetopbeautyreview.com logos, trademarks, trade names, or other references to thetopbeautyreview.com must be approved in writing by thetopbeautyreview.com before publication.
Any publication of thetopbeautyreview.com logos, trademarks, or copyrighted materials in any other context, both online and offline, requires the prior written consent of thetopbeautyreview.com.
4.2 Systems and Services
During the term of the Services Agreement, thetopbeautyreview.com will provide the Company with access to various tools and systems, including those for collecting, publishing, tracking and analyzing End Customer Feedback. All current rights to access and use these tools and systems will terminate upon expiration or termination of the agreement. No current rights, in whole or in part, to any aspect or component of the thetopbeautyreview.com technology or services are transferred to the Company.
4.3 Feedback
During the term of the Service Agreement, thetopbeautyreview.com will collect Feedback from End Customers on behalf of the Company. The content of such Feedback will be published by thetopbeautyreview.com on the Company’s Certified Review Page hosted on the thetopbeautyreview.com website and will be accessible for publication on the Company’s website through marketing materials provided by thetopbeautyreview.com to the Company. In addition, thetopbeautyreview.com reserves the right to further publish all or part of the reviews on the thetopbeautyreview.com website. thetopbeautyreview.com will also provide this content to or publish through third parties, such as Google, to the extent necessary to provide the services outlined in the Service Agreement.
For the duration of the Service Agreement, thetopbeautyreview.com will retain legal ownership of the collected content, including all publishing rights. Exceptions include those defined by these Terms of Service, such as the publication of reviews contained in marketing materials provided by thetopbeautyreview.com, and any other written agreement between thetopbeautyreview.com and the Company that allows the Company to publish further.
Upon regular termination of the Service Agreement and if the Company has not breached these Terms of Service, the Company shall have the right to request the transfer of ownership of all Feedback submitted by thetopbeautyreview.com on its behalf. Upon such request, thetopbeautyreview.com will provide the Company with files containing complete copies of the Feedback, and the Company shall have complete rights to publish this material.
Terms and Conditions
5.1 The Company shall ensure that the relevant contact and company information is kept up to date and accurate. Any changes to this information must be notified to thetopbeautyreview.com immediately.
5.2 The Company shall ensure that at all times the material provided by thetopbeautyreview.com is used accurately and correctly. It is expressly prohibited to attempt to modify any thetopbeautyreview.com Marketing Material or in any way circumvent the system to accurately and completely present current reviews, ratings, or other relevant information. It is strictly prohibited to use any version of the thetopbeautyreview.com Marketing Materials that does not match the accurate and current information provided to the Company according to the Certified Review Site. The Company is also strictly prohibited from engaging in any conduct intended to unfairly influence ratings and review information, including submitting reviews directly on its behalf, soliciting other parties to submit reviews on its behalf, or encouraging fraudulent, inaccurate, or dishonest reviews by any means, such as compensation or rewards.
5.3 The Company will use the services and tools provided by thetopbeautyreview.com to enable the Collection of Feedback from all of the Company’s End Customers or a clearly defined subset of such End Customers. In the event of collection through a subset, the Company is obliged to notify this in writing to thetopbeautyreview.com. If a subset is not an accurate representation, thetopbeautyreview.com may require that this information be stated on the Certified Review Page for clarity. Attempts to influence ratings and reviews through selective solicitation for Feedback from specific End Customers or subsets are expressly prohibited.
5.4 During the term of the Service Agreement, the Company will be provided with access to materials, tools, and content provided by thetopbeautyreview.com. These materials are provided in confidence and are intended for the Company’s access and use only. Access to these materials, as well as the relevant credentials to access the Customer’s Backend, is expressly prohibited. is limited to authorized representatives of the Company. The Company is obliged to notify thetopbeautyreview.com of any suspected breach or unauthorized access.
5.5 The Company is solely responsible for ensuring that its use of the services provided by thetopbeautyreview.com complies with relevant local laws and regulations. In particular, the Company is responsible for ensuring that it does not breach relevant data protection and privacy laws about its End Customers and that all communications with End Customers through the Collected Reviews comply with relevant laws and regulations on advertising, data privacy, and electronic communications. thetopbeautyreview.com does not accept any liability for any failure or breach of these requirements.
5.6 In addition, the Company is responsible for ensuring the accuracy of any contact information provided and ensuring that it has obtained any necessary consent from the End Customer to solicit Feedback. To maintain internal communication standards, thetopbeautyreview.com reserves the right to delay, suspend or modify the service at any time if the End Customer’s contact information has an inaccuracy rate of more than 1% (as measured by undeliverable Feedback Requests) or in the event of a complaint from an End Customer regarding a Feedback Request (the End Customer reports the Feedback Request as “Spam”).
5.7 In addition to the above, the Company is also obliged to ensure that its products, services, and business operations comply with the relevant laws and regulations in the applicable jurisdiction. If thetopbeautyreview.com has reasonable grounds to believe that the Company is likely to be in breach, this shall be grounds for immediate and extraordinary termination of the Service Agreement.
5.8 The Company shall not combine Marketing Materials provided by thetopbeautyreview.com, or the thetopbeautyreview.com brand in general, with any content, product, or service that contains or promotes any objectionable material or activity, including but not limited to content of a racist, offensive, discriminatory, violent, or illegal nature. In such cases, thetopbeautyreview.com reserves the right to restrict or modify the use of any Marketing Materials or terminate the Service Agreement.
Review Content
6.1 To the greatest extent possible, thetopbeautyreview.com is committed to providing a full and transparent reflection of all Feedback received. As a rule, no Feedback will be changed or modified except in the following cases:
i. Where the Feedback contains content that thetopbeautyreview.com does not publish as a rule. This includes content that is vulgar, objectionable or verifiably false, personal information and references to third parties (such as competitors of the Company).
ii. The review text contains meaningless or irrelevant information, written content that directly contradicts a numerical rating provided by the same End Client or is unrelated to the nature of the Feedback requested.
iii. thetopbeautyreview.com is required to remove or modify specific content under a legal order or a reasonable and comparable request from a relevant authority.
iv. An explicit request from an End Client to remove or modify content that they have submitted (to the extent that authorship can be determined).
6.2 thetopbeautyreview.com expressly reserves the right to amend, supplement, and extend these guidelines, including concerning the statute of limitations, where such changes are made in good faith to protect all parties involved, including potential liability, while maintaining the greatest possible level of transparency. This applies in particular to any unforeseen issues arising from the publication of certain content that conflicts with current or future laws and regulations surrounding the publication of such material.
6.3 Where thetopbeautyreview.com has reasonable suspicion that the Feedback received is fraudulent or has been collected in violation of these terms of service, thetopbeautyreview.com reserves the right to delete the relevant Feedback, take steps to prevent the End Customer from submitting further Feedback, and/or take steps to terminate the Services Agreement with the Company as appropriate.
Improper Use
7.1 If thetopbeautyreview.com has a reasonable belief that the Company has breached the obligations outlined in this Terms of Service document, thetopbeautyreview.com has the right to take action in the form of: partially or completely blocking access to all tools and services provided by thetopbeautyreview.com to the Company and/or to prevent the display of the Certified Review Page and Marketing Materials on the Company’s website or websites and to terminate the contract without notice. The activation of the current provision shall not affect thetopbeautyreview.com’s right to pursue a claim for damages or any other outstanding rights outlined in the Service Agreement.
7.2 The Company is responsible for liability for any damages that may occur to thetopbeautyreview.com and any of its current or future affiliates as a direct result of any breach of the obligations and actions described in the current terms of service.
Confidentiality
8.1 Each party shall keep the Confidential Information strictly confidential and shall not disclose the disclosing party’s Confidential Information in writing without the other party’s prior written consent unless otherwise stated herein. In connection with this document, “Confidential Information” is defined as:
i. all documents, know-how, software, emails, transactional records, and technology, shared to enable the use of the thetopbeautyreview.com service or ii. any other information provided by the disclosing party to the receiving party in connection with the contracting of services provided by thetopbeautyreview.com to the Company, whether or not this information is marked as “confidential”. The term “Confidential Information” excludes any information that is i. known to the receiving party before being provided for the contracting of services provided by thetopbeautyreview.com; ii. of public knowledge, provided that it has become public through no fault, act, or omission of the receiving party; iii. independently developed by the receiving party; iv. lawfully provided to the receiving party by a third party; or v. which is required by law to be disclosed by the receiving party. If any type of legal order requires the receiving party to provide information that would otherwise be considered confidential, the receiving party shall notify the disclosing party in writing of such requirement. 8.2 Both parties agree that they will take reasonable precautions to protect and preserve the confidentiality of any information referred to in the definition of “Confidential Information” provided in the present terms of service; such precautions shall be equivalent to the precautions the receiving party takes to protect its Confidential Information. In performing this contract, each party undertakes to disclose any Confidential Information exclusively to employees who need to have knowledge of such Confidential Information in connection with the agreed services and who, in turn, have entered into a written non-disclosure agreement with their counterparty, similar in content to the present section of these terms of service, before disclosing the Confidential Information.
8.3 Personal data transmitted to thetopbeautyreview.com will be used exclusively in connection with the contractual relationship, the performance of the contracted services, and other related purposes, including, but not limited to: internal compliance, fraud prevention, and data auditing. thetopbeautyreview.com will not share personal data with unaffiliated third parties. thetopbeautyreview.com represents and warrants compliance with all applicable privacy laws under European Data Protection Laws about the collection, use, protection, processing, and disclosure of Personal Information.
Term of the Contract and Termination of the Contract
9.1 The term of the provision of services, the “Service Term”, is defined in the Service Agreement. Unless otherwise expressly stated in the Service Agreement, the contract, the provision of services, and all applicable terms relating thereto shall automatically renew and extend for an additional Service Term until the Service Agreement is terminated. For the Company’s normal termination of the contract, notice must be given in writing no later than 7 calendar days before the end of the current Service Term if the Service Term is 3 months or less, or 30 calendar days if the Service Term exceeds 3 months. This does not alter thetopbeautyreview.com’s right to effect immediate termination for breach of these terms of service. Amendments to the agreed Service Term outlined in the Service Agreement must be confirmed in writing.
9.2 The Commencement Date of the First Service Period shall be defined as the first day on which the implementation and access to the thetopbeautyreview.com tools and services have been completed, namely the Company has been provided with authentication information for their Clients and the technical implementation has been completed to enable the Company to begin collecting Feedback under the Service Agreement. Both parties agree to use their best efforts to complete this process promptly by providing the relevant people, resources, and technical information to perform these services. In the event the Company fails to complete the implementation within 30 days of the commencement date of the Service Agreement without prior written agreement, thetopbeautyreview.com shall be entitled to commence the First Service Period by default.
9.3 At thetopbeautyreview.com’s discretion, the official start date of the first Service Period may be designated later than the date on which some or all of the tools and services are first provided to the Company. In such cases, the Company shall remain bound by all relevant obligations and terms regarding the use of all services and tools provided before the date of official commencement.
Payment and Invoicing Terms
10.1 As a rule, payment of the applicable Base Fees will be due no later than the last day of the calendar month in which the applicable Service Term begins, and payment of the applicable Flex Fees will be due no later than the last day of the calendar month in which the Fees arise. All fees, including the Flex Fees, associated with the initial setup of the Services provided by thetopbeautyreview.com, including any setup fees, customization fees, and other one-time fees associated with the setup of the Services, will be reduced by the initial payment of the Base Fees. Other exceptions to this may be identified in the Service Agreement or expressly agreed to in writing.
10.2 thetopbeautyreview.com reserves the right to terminate the Services if payment is not made. This shall include the right to delete all Feedback collected on behalf of the Company, delete the Company’s Certified Review Page, and remove access to all thetopbeautyreview.com tools and services.
Disclaimer, Liability, and Indemnification
11.1 Disclaimer. Except as expressly made by thetopbeautyreview.com in this or any updated form of the current TOS, thetopbeautyreview.com makes no other warranties of any kind, kind, or kind, whether statutory, express, or implied. The Services are provided by thetopbeautyreview.com to the Company “as is” and the Company accepts them on such terms. thetopbeautyreview.com in no way warrants that its Services will always be accessible, available, or error-free. The Company declares that it understands and accepts that delays or interruptions in service, access, or transmission may occur, whether due to technical or any other circumstances, including, but not limited to, fortuitous events or force majeure.
11.2 Liability. thetopbeautyreview.com understands that it may be liable for any damages caused by it or its employees, intentionally or through gross negligence.
11.3 Exclusion of liability. Both parties understand and agree that they are in no way liable to the other party for consequential, indirect, incidental, unforeseeable, special or punitive damages, including in the event of loss of data or lost profits arising from the implementation of the tools, services, and activities described in the current TOS or any future updates or versions. When thetopbeautyreview.com provides the Company with analysis, advice, consultation, and technical information and recommendations that are not within the scope of the contract, it is understood that they are provided in good faith, without charge, and are not excluded from any possible liability claims. thetopbeautyreview.com is in no way liable for any negative effects of the services provided to the Company, including any stagnation or reduction in the Company’s sales following the implementation of thetopbeautyreview.com’s services, even if these effects are related to negative ratings and/or reviews. thetopbeautyreview.com is excluded from any liability for server and/or software errors, technical problems, or failures of any kind and their potential consequences, including but not limited to, during the installation of any systems necessary for thetopbeautyreview.com to provide the Company with the contracted services. thetopbeautyreview.com is in no way liable for the services or functions of the products provided by third parties, even if connected with the activities described in this TOS document.
11.4 Limitation of Liability. For any claims, losses, costs, injuries, or damages arising out of or in any way connected with the services provided by thetopbeautyreview.com, the Company agrees that in no event shall the total cumulative liability exceed the total amount due or paid by the Company to thetopbeautyreview.com for the performance of the contracted services.
11.5 Indemnity. The Company shall indemnify, defend and hold harmless thetopbeautyreview.com from and against any damages, liabilities and costs (including attorneys’ fees) in connection with any claim or legal action brought or threatened by any third party against thetopbeautyreview.com as a result of, or in connection with, any breach by the Company of its obligations under this or any future version of the terms of service governing the services.
Conclusion
12.1 These Terms of Service are governed by the laws and regulations of Germany. The place of jurisdiction for any disputes arising out of this contract, or the business relationship between thetopbeautyreview.com and the Company, is Berlin, Germany.
12.2 If one or more of the
If any provision of the current terms of service becomes invalid, both parties understand and agree that the remaining provisions will remain in full force and effect. If one or more provisions of the current terms of service become invalid,/they will be replaced with a valid provision(s) that most closely captures the meaning and intent of the invalid provision.
12.3 Any amendments, supplements, and termination notices relating to the current terms of service will only be considered valid if made in writing.
12.4 thetopbeautyreview.com agrees to notify the Company in writing of any changes to these terms of service. If the Company objects to any amendment or supplement to these terms of service, the Company is obliged to notify thetopbeautyreview.com of its express objection in writing within 30 days. If the Company does not notify thetopbeautyreview.com of any objection, the revised terms of service will become effective upon the expiration of this period.