General
These terms and conditions (“Terms“) govern your access to and use of the Recommend website, apps, APIs, and widgets (“Recommend” or the “Service”). Where applicable, these Terms will differentiate between users registered as customers, users registered as merchants and users registered as content creators (all together hereinafter: User/Users). By accessing or using Recommend, you agree to be bound by these Terms, our Privacy Policy , our Cookies Policy , and our Community Code. Recommend, Inc., a corporation organized under the laws of the state of Delaware, United States of America, with registration number 588005 and its registered office at 651 N Broad St Suite 206, Middletown, New Castle, Delaware, United States of America (“Recommend”) is the owner and operator of the website and a contractual partner to the user.1. ADDITIONAL TERMS AND CONDITIONS
1.1. In addition to these Terms, Recommend may agree on further terms and conditions with users. In that case, the provisions of the specially agreed terms and conditions shall prevail. 1.2. In particular, consent to additional agreements or licenses for the use of certain features or software may be requested, provided that such agreements or licenses are legal and the consent is reasonable for the User. 1.3. Terms and conditions regarding the website that deviate from them and / or that are in any other way contradictory, Recommend expressly rejects, including the provision of services in individual cases, without the user objecting to the terms. 1.4. The descriptions of Recommend services on the website, apps, APIs, and widgets and in comparable promotional materials do not constitute any warranty or guarantee as to their nature, nor any other type of warranty.2. USING RECOMMEND
2.1. You may use Recommend only if you can legally form a binding contract with Recommend, and only in compliance with these Terms and all applicable laws. When you create your Recommend account, you must provide us with accurate and complete information. You can’t use Recommend if it would be prohibited by U.S. sanctions. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the European Economic Area (hereinafter: EEA), you may only use Recommend if you are over the age at which you can provide consent to data processing under the laws of your country. Using Recommend may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates. 2.2. Recommend reserves the right to require users to properly confirm these terms. 2.3. Subject to these Terms and our policies (including our Community Code), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service. 2.4. For the purposes of these Terms, a user registered as a customer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business, or profession. 2.5. If you want to use Recommend for commercial purposes (“users registered as merchants”) you must create a business account and agree to our Business Terms & Conditions. If you do open an account for a company, organization, or other entity, then "you" includes you and that entity, and you promise that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms and that you agree to these Terms on the entity's behalf. A user registered as a merchant can be a natural or legal person or a legally responsible partnership that performs its commercial or independent professional activity when concluding legal transactions. 2.6. If you're a content creator and you want to use Recommend for commercial purposes, you'll need to create a content creator account and agree to our Content Creator Terms & Conditions. If you create an account as a content creator, then "you" refers to both you and the brand as a content creator, and you promise that you have the authority to grant all necessary permissions and licenses outlined in these Terms on behalf of your behalf as a content creator and that you accept these Terms. User registered as the content creator can be a natural or legal person or a legally responsible partnership that performs its commercial or independent professional activity when concluding legal transactions. 2.7. Every User, not excluding Merchants and Content Creators, are liable and responsible for paying the required social fees & taxes in their home country, if required. This means that Recommend, Inc. is not bound to pay social security charges for you in US or in any other country.3. CHANGES IN THE SCOPE OF SERVICE OF RECOMMEND
3.1. One of the key aspects of Recommend's services is the constant development of the website. This development implies possible adjustments to technical and legal progress and respect for user expectations in the use of the website. 3.2. In connection with continuous development, Recommend is allowed to change the website as well as its functions without creating a defect, as long as this change is reasonable and does not jeopardize the purpose of the contract. This is especially the case when: Changes that benefit the User; If it is a matter of adapting services to the applicable law in order to create compliance, especially if the legal situation has changed; If a change is required for Recommend to comply with judicial or administrative decisions; If a change is required to close existing security gaps; If the change is exclusively a technical or process structure without significant impact on the user; Changes without significant impact on functions do not count towards changes in this regard. This is especially true for visual changes and simple changes in the order of functions. 3.3. Recommend informs that access to freely available functions is not guaranteed. Any restrictions can only be enforced if they are reasonable.4. CONTENT
4.1. At Recommend, we provide a platform for merchants and content creators to post a variety of content, such as photos, videos, reels, links, and other materials, all with the goal of enhancing the shopping experience on our platform. While we retain all rights to the content that is posted on our platform, we do so with the intent of improving the overall user experience. 4.2. It's important to note that any content posted that does not comply with our content guidelines (which can be found in Bussiness Terms & Conditions & Content Creator Terms & Conditions) will be the sole responsibility of the entity that posted the content. In the event of any legal action, Recommend will not be held liable for any such content. 4.3. At Recommend, we and our content creators work together to provide a seamless shopping experience for our users. To help facilitate this, we require a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your content on our platform. 4.4. This license is solely for the purpose of operating, developing, providing, and using Recommend, and is intended to help us optimize the user experience. However, this license does not limit any other legal rights that Recommend may have to your content under other licenses. 4.5. We reserve the right to remove or modify any content that we believe violates our Terms, Community Code, or any other relevant policies. If any modifications or changes are made to your content, it will always be done so with the intent of providing the best user experience possible. 4.6. Following the termination or deactivation of your account, or if you remove any Content from Recommend, we may keep your Content for a necessary period of time for backup, archival, or audit purposes. Recommend and its Merchants or Users may retain and continue to use, store, display, reproduce, re-share, and distribute any of your Content that other users have stored or shared on Recommend. 4.7. We value hearing from our users, and are always interested in learning about ways we can make Recommend more awesome. If you choose to submit comments, ideas, or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Recommend doesn’t waive any rights to use similar or related feedback previously known to Recommend, developed by its employees, or obtained from sources other than you.5. CONCLUSION, DURATION AND TERMINATION OF THE AGREEMENT
5.1. The agreement with and between Recommend and the User (“Agreement“) is concluded after User makes registration at Recommend website, apps, APIs, and widgets by creating an account with access using login data of their choice and accepting these Terms or other terms specified herein. By registering, the user undertakes to use the website, apps, APIs, and widgets exclusively in accordance with these Terms. 5.2. The user registered as the customer has to create an account by entering an e-mail and password or it can register using Google, Facebook, or Apple accounts. User registered as a merchant or user registered as a content creator in order to register is obliged to provide to Recommend including but not limited to accurate and complete information in particular to a company name, street, postcode, city/town, country, contact name, telephone number, and e-mail address as well as value added tax identification number (“VAT identification number “) or any other unambiguous identification of the company for tax purposes that is legally required or otherwise required for national or international transactions between companies or business partners (“ User Information“). Recommend has the right to verify the users registered as merchants or as content creators and require them to present documents confirming the authenticity of the User Information without undue delay. 5.3. The users registered as merchants or as content creators are obliged to regularly update all user data and all documents submitted for publication on the website, apps, APIs, and widgets as long as the Agreement is in force in accordance with these Terms. This applies in particular to the user details set out in section 5.2. The user is able to make any necessary changes using the features available on the Recommend website, apps, APIs, and widgets. 5.4. The users registered as merchants or as content creators assume sole responsibility for the content of their registration and for the user details given in this context. These users provide security in the veracity of user data. Providing false information will result in immediate termination of the Agreement and blocking access to the website, apps, APIs, and widgets, provided that this is reasonable and not objectively inappropriate for the user, taking into account the significance of the incorrect information and the intention of the user. 5.5. Agreements are concluded for an indefinite period. 5.6. Recommend may terminate or suspend your right to access or use Recommend for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice, if we have a good reason, including any violation of our Community Code. Upon termination, you continue to be bound by Section 4, Sections 12, 13, 16 and 17 of these Terms.6. SECURITY
6.1. The User is prohibited from disclosing his login details to third parties. The User may disclose the details for registration of his employees for official and proper business purposes if the User obliges these employees to respect and abide by these Terms. 6.2. The User is advised to choose a secure password based on the latest technology and, in his own interest, to take all necessary steps to protect the password from unauthorized disclosure and use. 6.3. The user is obliged to notify Recommend without undue delay if he suspects, believes, or knows that his unauthorized third parties have used it for unauthorized access to the website, apps, APIs, and widgets. If Recommend suspects that user login information has been used without authorization, Recommend reserves the right to take the necessary steps, in particular, to prevent access to the site with the login information in question, either temporarily or permanently. If due to the User's fault, third parties use the login data illegally, the User is liable for all losses incurred and must reimburse them accordingly. The costs incurred as a result of such use shall be borne by the User.7. WALLET
7.1. Recommend allows users registered as customers to make purchases from retailers which may qualify for cashback in their Recommend Wallets. Recommend Wallet is a digital wallet on which users registered as customers receive Affiliate Fee. 7.2. This is how it works. Recommend receives an affiliate fee ("Affiliate Fee") for qualifying purchases the users registered as customers makes from a merchant (“Qualifying Transaction”). The Affiliate Fee is payable to Recommend by the merchant once the merchant confirms that a Qualifying Transaction has been made. 7.3. On receipt of the Affiliate Fee that Recommend receives, Recommend will make cashback payments to the Recommend Wallet of the user registered as customer in accordance with the terms of this Agreement (“Cashback”). Please note that there are various circumstances in which a transaction with a merchant may not constitute a Qualifying Transaction and may not result with Cashback. There are various circumstances in which sums will not appear in Recommend Wallet of the users registered as customer, and will be forfeited to us, namely:- The transaction in question is cancelled after it has been entered into, for example where a purchased product is returned or a right to cancel the transaction is exercised; the return policies and rights to cancel transaction may differentiate between merchants in which cases the transaction will be approved by Recommend once the terms and conditions of each merchant is fulfilled i.e. there are no more rights of customers to cancel transaction or return the purchased goods
- A Balance is attributed to user registered as customer that has been associated with any fraudulent activity or any breach of this Agreement