Reviews Terms & Conditions

OMR Reviews

These are the General Terms of Use of Software Reviews GmbH, Lagerstraße 36, 20357 Hamburg, represented by the managing directors Philipp Westermeyer and Philipp Isfort (hereinafter “OMR SR” or “provider”), which regulate the use of the review platform https://omr.com/en/reviews by users. Business relationships with software providers whose software products can be evaluated on the platform (hereinafter also referred to as “customers” or “vendors”) are subject to separate regulations and are not covered by the following provisions.

§ 1 Operator and scope of application

(1) The operator of the platform and therefore the contractual partner of the users of this platform is 

Software Reviews GmbH
⁠Lagerstraße 36
⁠20357 Hamburg, Germany

E-mail: info@omr.com

Register court: Amtsgericht Hamburg
⁠Register number: HRB180010 
VAT identification number according to §27a VAT Act: DE 360644867 

represented by the managing directors Philipp Westermeyer and Philipp Isfort.

(2) These General Terms of Use contain the conditions and rules of conduct for the use of the platform and for all legal transactions and actions similar to legal transactions that are carried out between the users and OMR SR. It is possible that additional conditions may apply for certain special services. These will be made available to users prior to use in the form of additional terms and conditions. Terms and conditions or terms of use that deviate from these General Terms of Use shall not apply unless OMR SR expressly agrees to them.

§ 2 Definitions

(1) “Rating” within the meaning of these General Terms of Use is all content entered by the user, including text content, “star ratings”, graphics, video content or other forms of expression. 

(2) “Users” within the meaning of these General Terms of Use are both consumers and entrepreneurs, unless they are subject to the special GTC of OMR SR as vendors. Consumers within the meaning of the General Terms of Use are natural persons who enter into legal transactions for purposes that are predominantly outside their trade, business or profession. Entrepreneurs within the meaning of the General Terms of Use are natural or legal persons or partnerships with legal capacity who, when concluding the contract with the dealer, are acting in the exercise of their commercial or independent professional activity.

§ 3 Description of services

(1) Registration for the platform, use of the platform and the posting of own content, in particular reviews, are free of charge for users. 

(2) The platform is a rating portal on which users can rate software products, either by invitation or on their own initiative. The ratings are intended to reflect as detailed and qualified a user experience as possible and help other users to make decisions. 

(3) In order to use the platform, the user must register free of charge. The use of the platform for members is only permitted within the framework of the statutory provisions and these General Terms of Use.

§ 4 Registration

(1) The prerequisite for using the platform is the opening of a member account. The user can log in to the platform with this member account. 

(2) If the customer does not already have a customer account, he must first register or complete any existing user account. As part of the registration process, the user enters his first name, surname and e-mail address and chooses a password. In addition, the user confirms the validity of the General Terms of Use and the Privacy Policy. The provider then sends the user an email to verify the email address with an activation link. With this email, the provider makes an offer to conclude a contract of use. The user accepts this offer by clicking on the activation link. The user account is then activated and can be used in full. The provider reserves the right to refuse registration without having to give reasons for doing so. 

(3) All details can be changed or added to by the user at any later time in the profile settings. The first name provided by the user will be published together with the user's rating. 

(4) The password chosen by the user must be kept secret. In particular, the user must ensure that the access data does not fall into the hands of third parties who could then use the member account. If the password is lost or if it is suspected that a third party has gained knowledge of it or is using the user profile, the user is obliged to inform the provider immediately. To protect against unauthorized access by third parties, the password should be changed at regular intervals. 

(5) Natural persons with full legal capacity over the age of 18 and legal entities may register as members. In the case of legal entities, registration must be carried out by an authorized representative. The registration of a user account for third parties without their consent and the multiple use of different member accounts by one user is expressly prohibited. The Provider reserves the right to make registration dependent on the submission of suitable evidence (extract from the commercial register, trade license, official permits or approvals). 

(6) The data required for registration must be provided completely and correctly, insofar as these are mandatory fields. Changes to the data provided must be reported by the member immediately or corrected in the profile settings. The member account is not transferable. 

(7) The provider reserves the right to make the use of the service dependent on certain conditions such as verification of the registration data. 

(8) Alternatively, you can also register via Facebook, XING, LinkedIn or Google. When using these services, the respective terms of use apply in addition.

§ 5 Duration of the contract

(1) The contract between the user and the provider is concluded for an indefinite period. The contract can be terminated by either party at any time by notification in text form or by closing the account. 

(2) The right to block member accounts remains unaffected by this.

§ 6 Request to submit a review and reward

If the user submits a review on the basis of a request with an assurance of a reward from OMR SR, the user will receive the reward offered in the form of a voucher after submitting a complete, qualified review that complies with the guidelines. If offered by OMR SR and selected by the client, the reward may also be made in the form of a gift to a third party. Cash payment is not possible. The provider reserves the right to include a reference to the benefit received in the evaluation. In addition, the provider reserves the right to replace the reward with a reward of equal value. Furthermore, in the event of suspected abuse, the provider reserves the right to exclude the user from receiving the offered benefit.

§ 7 Granting of rights of use

(1) The user grants the provider the non-exclusive, transferable and sublicensable right, unlimited in terms of content, territory and time, to use works uploaded to the platform (in particular texts and, if applicable, videos, images or graphics) free of charge as often as desired, unlimited in terms of content, territory and time, on all websites operated by the provider. The provider is entitled to present, publish, reproduce, distribute, rent out, digitize, electronically store, make available to internal and external users and use the works for advertising customary in the industry in online and offline networks. 

(2) The transfer of rights under paragraph 1 above also covers websites of third-party operators to which the provider sublicenses the works, in particular the customers of OMR SR.

(3) The user guarantees that he is the author of the works or that he holds sufficient rights of use and exploitation of the works that permit their use on the platform.

§ 8 Use of logos, badges and quotations

The user is not entitled to use logos, badges, trademarks or other protected symbols of the platform without the prior express written consent of the provider. This includes, in particular, but is not limited to, use in digital or printed media, on websites, in social networks, in marketing materials or in other publications.

In addition, the user is prohibited from publishing, distributing or using in any form any quotations, content or statements that originate from or could be attributed to the platform without the prior express written consent of the provider.

A breach of this provision may result in legal action, including, but not limited to, injunctive relief, claims for damages and the assertion of other claims.

§ 9 Liability of the provider

(1) The provider shall be liable in accordance with the statutory provisions, subject to the following limitations: If the user's damages result from the loss of data, the Provider shall not be liable for this if the damages would have been avoided if the User had regularly and completely backed up all relevant data. The provider shall not be liable for damages that are not typical for the contract or unforeseeable. This does not apply if the damage affects life, body or health, was caused intentionally or through gross negligence, results from the non-existence of a guaranteed quality or from the culpable breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations). Liability under the Product Liability Act also remains unaffected. 

(2) However, the provider is not liable for the quality, completeness, reliability or credibility of the reviews posted by the users. These do not represent an expression of opinion by the provider; in particular, the provider does not adopt the content of the members as its own.

§ 10 Liability of the user

(1) The user is responsible for all reviews, posts and content of his/her user profile. 

(2) The user shall indemnify the provider against any third-party claims asserted against the provider and its legal representatives and/or vicarious agents on the basis of ratings, the use of the rights granted or due to the violation of personal rights or other unlawful content (posts, comments, user profile content, offers, etc.). The user shall assume the judicial and extrajudicial costs of legal defense incurred by the provider, its legal representatives and/or vicarious agents in the amount of the statutory fees. The user shall support the provider in the defense against the claims. The prerequisite for indemnification is that the Provider immediately informs the User of the assertion of claims and carries out its legal defense in accordance with the User's instructions, unless this is obviously futile.

§ 11 Blocking of users, deletion of content

(1) The provider has the right to block users permanently and to refuse renewed access to the platform. Permanent blocking by the provider is possible in particular in the event of gross violations of these General Terms of Use or the guidelines and in the event of gross violations of the prohibition on posting unauthorized content. Furthermore, permanent blocking may be considered for other important reasons, in particular in the event of loss or suspected misuse of the access data by a third party. The user shall be notified of the permanent blocking in text form. 

(2) The provider shall contact the author in the event of complaints about a rating by a third party and forward the complaint to the author. Together with the forwarding, the provider shall request the author to respond, setting a reasonable deadline. If no response is received, the provider will permanently delete the criticized review. If the author responds within the deadline, the provider shall forward the response to the complaining party, while respecting the author's data protection rights, and request a response by setting a deadline. If no response is received, the complaint shall be deemed withdrawn. If a further response is received, the provider shall make a decision on the justification of the complaint and inform both parties of its decision.

§ 12 Data protection

(1) The purpose of collecting user data is to provide a user-friendly, efficient and secure Internet service. 

(2) All information on data protection and data security can be found in the provider's data protection provisions. 

(3) By concluding the contract, the user agrees that he has read and accepted the provider's data protection provisions.

§ 13 Functional changes, transfer of contract

(1) The Provider reserves the right to continuously edit, update, expand, restrict or discontinue individual functions of the Platform. 

(2) The Provider is entitled to transfer its rights and obligations arising from this contractual relationship in whole or in part to a third party with a notice period of four weeks. The user is entitled to terminate the contract of use at any time.

§ 14 Amendments to the General Terms of Use

(1) These General Terms of Use are subject to change by the provider at any time. 

(2) The changes and the new General Terms of Use shall be communicated to the user by email. The new General Terms of Use shall be deemed to have been agreed if the user does not object to their validity within six weeks of receipt of the e-mail. The objection must be in text form. The provider shall make separate reference in the email to the possibility of objection, the deadline, the form and the consequences of failure to act.

§ 15 Final provisions

(1) The contractual relationship between the User and the Provider and these General Terms of Use shall be governed exclusively by the law of the Federal Republic of Germany. The application of German international private law is excluded. 

(2) The mandatory consumer protection provisions applicable in the country in which the user has his habitual residence shall remain applicable insofar as they offer the user further protection. 

(3) If the user is an entrepreneur within the meaning of the German Civil Code (BGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract of use and these General Terms of Use shall be the registered office of the provider in Hamburg. 

Updated last: September 03, 2024