Terms & Conditions

Last updated: 16 September 2026

1. Scope and Definitions

These Terms and Conditions ("Terms") apply to all contracts between eviral GmbH (hereinafter "eviral") and entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (hereinafter "Customer").

eviral's services are directed exclusively at commercial customers (B2B). Contracts with consumers within the meaning of Section 13 BGB are not concluded.

Deviating, conflicting, or supplementary general terms and conditions of the Customer shall not become part of the contract unless eviral expressly agrees to their validity in text form.

"Offer" within the meaning of these Terms means any statement of services and prices on the basis of which the contract is concluded. This includes in particular an individual written offer, the service description within the ordering or payment process including the information provided by the payment service provider, and the description of the selected tariff or package. If several of these sources contain differing information, the most recently agreed one shall apply.

The contract is concluded when the Customer accepts the offer, in particular by confirmation in text form, by completing the ordering or payment process, or by activation of access. A separate order confirmation is not required.

2. Subject Matter of the Contract and Services

eviral offers digital services for businesses.

These may in particular include:

  • provision of a cloud-based reputation management platform
  • collection, display, and management of reviews
  • creation, provision, and maintenance of company websites
  • creation and publication of posts for the Customer's social media accounts
  • provision of AI-supported communication solutions, in particular telephone assistant systems
  • automation of communication or feedback processes
  • analysis and reporting functions

The specific scope of services is determined by:

  • the tariff or package booked in each case
  • the service description on our website
  • individual offers or agreements

The services are generally provided as cloud-based services or Software as a Service (SaaS).

Local installation at the Customer's premises is not owed.

eviral is entitled to use technical service providers or subcontractors for the provision of services.

3. User Account and Registration

The creation of a user account may be required in order to use certain services. The Customer undertakes to:

  • provide complete and correct information
  • update changes to its data without delay
  • keep access data confidential

The Customer is responsible for all activities carried out via its user account.

eviral is entitled to block or delete accounts if:

  • false information has been provided
  • misuse occurs
  • payments remain outstanding

4. Use of the Platform and License

For the duration of the contract, eviral grants the Customer a simple, non-transferable, and non-sublicensable right to use the software and platform provided.

The Customer is in particular not entitled to:

  • reproduce the software or platform
  • sell, rent out, or pass on the software
  • circumvent technical protection mechanisms
  • copy or extract parts of the platform

5. No Right of Withdrawal

Since the offer is directed exclusively at entrepreneurs, there is no statutory right of withdrawal.

6. Trial Period, Start of Contract, and Start of the Minimum Term

If a free trial period is agreed in the offer, the contract begins when the trial period is made available. The duration of the trial period results exclusively from the offer.

During the trial period, eviral provides the agreed services in full and free of charge. No remuneration is payable for this period.

The agreed minimum term begins only on the day after the trial period ends. The trial period is not counted towards the minimum term.

Upon expiry of the trial period, the contract continues as the chargeable package without any further declaration, at the price stated in the offer and with the minimum term stated there. A separate order is not required. The Customer is expressly informed of this consequence in the offer.

A right to terminate during the trial period exists only if it has been expressly agreed in the offer as a right of exit.

Where a right of exit has been agreed, the Customer may terminate the contract in text form up to the last day of the trial period. In this case the contract ends at the end of the day following receipt of the declaration. No remuneration is payable.

Without an expressly agreed right of exit, ordinary termination during the trial period is excluded. The right to extraordinary termination for good cause remains unaffected.

The trial period does not give rise to a right of withdrawal or a right of return.

7. Service Changes and Third-Party Providers

eviral uses third-party providers for hosting, platform operation, telephony, AI services, communication, and payment processing.

If a third-party provider changes or discontinues services, eviral may use an equivalent replacement solution.

As long as the essential functions are maintained, this shall not give rise to a special right of termination.

8. Customer Obligations to Cooperate and Responsibility

The Customer is solely responsible for all content, data, and processing activities.

So that eviral can provide the agreed services, the Customer shall provide in good time and without being asked:

  • the necessary access to its accounts, in particular to its Google Business Profile and to the agreed social media accounts
  • image and video material from its business in sufficient quantity and quality
  • information on services, contact persons, and particularities of its business
  • responses to queries and approvals within a reasonable period

If the Customer fails to meet these obligations to cooperate, eviral cannot provide the affected services, or can provide them only to a limited extent. The obligation to perform is suspended to that extent. The claim to remuneration remains unaffected in this case, and the contract term is not extended as a result.

eviral shall notify the Customer of missing cooperation. Repeated requests are not owed.

The Customer ensures that it is entitled to process personal data of its end customers and that those end customers have been informed about the corresponding data processing activities.

The Customer may not distribute unlawful content or process it via the platform.

The Customer shall indemnify eviral against all third-party claims arising from unlawful use of the services.

9. Social Media, Image Material, and Publications

Where agreed, eviral creates posts for the Customer's social media accounts and publishes them in the Customer's name.

The Customer grants eviral the right to store, edit, crop, and supplement the image and video material it provides with text, music, subtitles, and speech for this purpose, and to publish it on the agreed platforms. This right is non-exclusive, unlimited in territory, and ends with the contract, with the exception of posts already published.

The Customer warrants that it holds all necessary rights to the material provided. This applies in particular to copyright and usage rights in photos and videos as well as to the consent of persons depicted to such publication.

The Customer shall indemnify eviral against third-party claims arising from the material provided infringing these rights. This includes claims for infringement of copyright, trademark, and personality rights as well as the reasonable costs of legal defence.

Where approval by the Customer has been agreed, eviral submits the posts before publication. If no response is received within the agreed period, the post is deemed approved.

The Customer remains responsible for compliance with the rules of the respective platform. eviral is not liable for measures taken by platform operators, in particular for the blocking, restriction, or deletion of accounts and posts, unless eviral is responsible for them.

Posts already published remain on the Customer's accounts after the end of the contract. There is no claim to the handover of project files or raw files.

10. Review Requests and Reputation Management

eviral supports the Customer in obtaining, displaying, and responding to reviews.

If eviral sends review requests by email, SMS, or messenger on behalf of the Customer, the Customer ensures that valid consent within the meaning of Section 7 UWG or another legal basis exists for contacting the respective recipients. The Customer shall indemnify eviral against claims arising from missing consent.

Reviews are obtained exclusively from the Customer's actual customers. Creating, commissioning, or influencing inauthentic reviews is not part of the contract.

eviral owes neither a specific number nor a specific content of reviews and in particular does not owe the deletion or removal of existing reviews. Publication and deletion of reviews lie solely with the respective portal operator.

11. Websites, Domains, and Rights of Use

If eviral creates a website for the Customer, the Customer receives the right to use it for its business for the duration of the contract. This includes provision, hosting, and technical maintenance under the agreed address.

Who holds a domain registered for the Customer and who bears the ongoing costs results from the offer. At the Customer's request, eviral shall transfer a domain registered for the Customer to the Customer, with any fees incurred borne by the Customer.

Content provided by the Customer itself, in particular texts, photos, and logos, remains its property.

The right to use the website ends when the contract ends. eviral is entitled to take the website offline. There is no claim to the handover of source files or to the transfer of the website to another provider unless otherwise agreed.

12. AI Phone Assistant

The AI phone assistant answers calls in the Customer's name and records concerns, appointment requests, and callback details.

If calls are recorded, transcribed, or summarised, the Customer is responsible for ensuring that callers are informed before the recording begins and that valid consent exists. eviral provides a suitable announcement for this purpose, responsibility for its use lies with the Customer.

The assistant does not replace emergency or on-call availability. The Customer shall refer callers to other suitable channels in emergencies.

eviral does not owe any particular recognition or completion rate. eviral is liable for the consequences of incompletely or incorrectly recorded information only in accordance with Section 19.

13. Contract Term, Renewal, and Termination

The minimum term results exclusively from the selected tariff or offer.

In accordance with Section 6, it begins only on the day after an agreed trial period ends.

Terminations must at least be made in text form, an email is sufficient.

If termination is not given no later than three months before the end of the minimum term, the contract shall renew for the same term each time. The same notice period applies to the renewed term.

The right to extraordinary termination for good cause remains unaffected.

After the end of the contract, access to the services may be deactivated.

The Customer is responsible for securing and exporting its data. eviral shall make the available export functions accessible to the Customer until the end of the contract.

14. Prices and Payment Terms

Prices result from the respective offer, tariff, or ordering process and are exclusive of statutory value added tax.

Billing is generally carried out monthly in advance, for the first time after an agreed trial period has ended.

Payment can be made via Stripe or other offered payment methods. If the Customer issues a SEPA direct debit mandate, the period for pre-notification is one day.

If the Customer is in default of payment, eviral is entitled to:

  • charge default interest of nine percentage points above the base rate
  • claim a flat fee of 40 euros pursuant to Section 288(5) BGB
  • temporarily block access to the platform or to individual services after prior notice

A block due to default of payment does not affect the payment obligation for the blocked period.

Early termination or non-use does not release the Customer from the payment obligation for the agreed contract term.

The Customer may only offset claims that are undisputed or have been legally established.

15. Availability and Technical Changes

eviral uses external systems for hosting, infrastructure, communication, telephony, AI processing, and payment processing.

Technical systems, providers, or structures may be adjusted or replaced as long as the agreed scope of services is essentially maintained.

Uninterrupted availability of the services cannot be guaranteed. Maintenance work is carried out outside usual business hours where possible.

16. Intellectual Property and Reference

All rights to the software, platform, content, designs, and technologies are held by eviral or its licensors.

After conclusion of the contract, eviral may name the Customer as a reference and for this purpose use its company name and logo as well as show work results created within the scope of the services provided. The Customer may object to this at any time in text form.

17. AI Content

Some functions may be based on artificial intelligence.

AI-generated content serves as suggestions or automated processing aids.

The Customer remains responsible for:

  • content
  • publications
  • legal admissibility

eviral is not liable for consequences arising from incorrectly adopted AI content.

18. Warranty

eviral owes performance in accordance with the current state of the art.

Complete freedom from errors or permanent availability is not owed.

19. Liability and Force Majeure

eviral is liable without limitation in cases of:

  • intent
  • gross negligence
  • damages resulting from injury to life, body, or health

In cases of simple negligence, eviral is only liable for breaches of essential contractual obligations and limited to the foreseeable, typical damage.

Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely.

Liability for indirect damage, loss of profit, and loss of data is excluded in cases of simple negligence to the extent permitted by law.

Events of force majeure release eviral from its obligation to perform for their duration. These include in particular failures of network operators, platforms, or data centres, industrial action, natural events, and official orders.

20. Data Protection and Processing on Behalf

The processing of personal data is carried out in accordance with our privacy policy.

Insofar as eviral processes personal data on behalf of the Customer, this is done within the framework of processing on behalf pursuant to Article 28 GDPR.

The Data Processing Agreement (DPA) forms an integral part of this contract and is available at the following link: Data Processing Agreement (DPA).

21. Amendments to the Terms

Amendments to these Terms shall be communicated to the Customer in text form at least four weeks before they take effect.

If the Customer does not object within four weeks after notification, the amendments shall be deemed accepted. The Customer shall be separately informed of this consequence and of its right to object in the notification.

Price changes will likewise be announced at least four weeks in advance.

22. Final Provisions

German law applies.

The place of jurisdiction for all disputes arising from contractual relationships with entrepreneurs is Monheim am Rhein.

Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.

Provider

eviral GmbH

Rheinpromenade 10

40789 Monheim am Rhein

Managing Director: Ömer Özcan

Düsseldorf Local Court, HRB 114450

Email: info@eviral.de