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Last Revised: December 30, 2024
1.1 High5 Teknoloji Ltd. Şti. (hereinafter referred to as “High5”) operates a web-based software under the domain get-high5.com that assists business customers (hereinafter referred to as “Customers”) in monitoring, collecting, evaluating, and analyzing online customer reviews.
1.2 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts made between High5 and the customers concerning the software offered by High5.
1.3 Deviating, supplementary, or conflicting terms and conditions of the customer are only effective if High5 explicitly agrees to them in writing
2.1 High5 offers a web-based software platform for the aggregation, analysis, and visualization of customer reviews using AI technology.
2.2 The services include, among other things, the storage, evaluation, and provision of analysis reports on online reviews.
2.3 High5 is entitled to further develop and adapt the offered services to improve the service or to comply with legal requirements.
2.4 High5 reserves the right to change, disable, or discontinue the services offered by High5 (as well as any features or associated prices) with or without prior notice, and/or to restrict your access to the services of High5 (including the removal of any materials created by you in connection with the services of High5) for any reason, and/or to change the terms of High5 without prior notice.
You agree that High5 shall not be liable to you or any third party for any modification, suspension, or interruption of the services of High5.
If such changes result in additional fees, High5 will inform you about these fees before activating the specific changes. If you do not pay such fees, High5 may (at its own discretion) terminate your user account, continue to offer you the services active at that time without the changes, or suggest alternative services.
3.1 To use the software of High5, the customer must first register for free. With registration, the customer begins the process of using the software during a free trial period.
3.2 After registration, the customer concludes a contract in a separate step, which is designed as a subscription. The contract includes a free trial period of two weeks. During this period, the contract can be terminated at any time without costs.
3.3 After the trial period ends, the contract automatically converts into a paid subscription unless the customer cancels before the end of the trial period. The paid use is billed annually in advance, and the payment is made via High5’s integrated payment system (Paddle). The pricing structure and available tariffs can be viewed on the High5 website.
3.4 High5 reserves the right to block access to the platform in case of payment delay. The customer will be informed about an impending blockage in a timely manner by email or through a notification in the software.
4.1 High5 provides the customer with access to the software as Software-as-a-Service (SaaS) during the term of the contract. The exact scope of services depends on the selected tariff and is described on the High5 website.
4.2 The software does not include additional services such as training or individual setup. Such services can be provided at the customer’s request and based on a separate offer.
4.3 The customer may switch to a tariff with a larger scope of services (upgrade) at any time. The change is made directly in the software, and the customer can immediately use the expanded range of functions.
4.4 A change to a less expensive tariff (downgrade) during an ongoing billing period is also possible. The difference amount will be credited to the customer’s account and deducted from the total amount at the next billing. The deduction is made proportionally based on the remaining duration of the billing period.
5.1 High5 grants the customer a non-exclusive, simple, non-transferable, and time-limited right to use the software during the contract term.
5.2 The customer undertakes to use the software only in accordance with applicable laws and the license agreement and not to infringe any third-party rights.
5.3 The customer is responsible for ensuring that the technical requirements for using the software are met, including a stable internet connection and the necessary hardware and software, as specified on the High5 website.
5.4 The customer must ensure that the access data to the software is treated confidentially and that no unauthorized use occurs.
5.5 The customer undertakes to inform High5 immediately about security-relevant incidents or misuse of the software, such as unauthorized access or data misuse, and to take all necessary steps to prevent further misuse.
5.6 The customer may not resell insights gained from the use of the High5 software. In case of violation, High5 reserves the right to claim damages from the customer.
6.1 The customer undertakes to pay the prices valid at the time of the order, as stated on the High5 website. All prices are subject to the statutory value-added tax.
6.2 Payment is due immediately and is made at the conclusion of the contract or at the beginning of the billing period. The customer can make the payment directly via High5’s integrated payment system (Paddle).
6.3 Various payment methods are offered, including credit card and PayPal. High5 reserves the right to reject payment methods that do not meet the requirements or cannot be processed properly.
7.1 The contract for the paid use of the software has a minimum term of one year. After this period, the contract is automatically extended by another year unless the customer cancels before the end of the current year.
7.2 The customer can cancel the contract at any time during the trial period. After the trial period, cancellation is only possible at the end of the respective billing period.
7.3 Cancellation must be made via the user account in the software.
7.4 Upon termination, the functionality of the software is restricted, while access to the user account remains possible.
7.5 High5 reserves the right to terminate the contract with immediate effect if the customer violates the provisions of these GTC, especially in cases of unauthorized use of the software or payment delay.
7.6 In the event of extraordinary termination by High5 due to a breach by the customer, no refund of the payments already made will occur.
8.1 High5 aims for an availability of the software of 99% on an annual average. Planned maintenance work is carried out outside of business hours whenever possible.
8.2 In the event of disruptions in system availability, High5 will try to respond and resolve the issue as quickly as possible.
8.3 High5 reserves the right to carry out maintenance work without prior notice if necessary to address emergencies or technical problems that could impair the functionality of the software.
9.1 High5 is only liable for damages caused by intentional or grossly negligent behavior. High5 is excluded from any liability for all other damages, including those resulting from slight negligence.
9.2 High5 assumes no liability for the accuracy, completeness, or timeliness of the analysis results. The software serves solely as a tool for analyzing customer reviews and does not replace the final business decisions of the customer. Any decisions based on the analysis results are made at the customer’s own risk.
9.3 High5 is not liable for damages, failures, losses, or delays arising in connection with the use of third-party services or due to external factors or events outside High5’s control.
9.4 Under no circumstances is High5 liable for indirect damages, consequential damages, lost profits, business interruptions, data loss, or other indirect damages incurred by the customer through the use or inability to use the software, even if High5 has been informed of the possibility of such damages.
9.5 The aforementioned limitations of liability also apply if a party has been informed or should have been informed of the possibility of losses or damages. This particularly applies if a solution envisaged in the contract, including the software, does not function as expected or if the software does not deliver the expected results.
9.6 High5 assumes no liability for damages caused by software errors or technical problems that result in the software not functioning as expected or impairing the customer’s business operations.
10.1 High5 processes personal data in accordance with the General Data Protection Regulation (GDPR) and applicable data protection laws.
10.2 Further information on data protection can be found in the privacy policy.
11.1 High5 reserves the right to change the GTC as necessary to implement legal or technical changes.
11.2 Changes to the GTC will be notified to the customer at least 10 days before they take effect. If the customer does not object to the changes within 10 days of notification, they are considered accepted.
12.1 High5 is entitled to use the customer’s name for marketing purposes, especially by displaying the customer’s logo in reference overviews or on general marketing materials, along with the logos of other customers. References to the services provided are also permitted. This regulation applies until the customer revokes their consent.
Since High5 exclusively offers services to business customers (B2B), there is no statutory right of withdrawal for consumers according to Turkish law. By concluding the contract, the customer declares that they are acting within the scope of their commercial or professional activities and are not a consumer in the sense of the Consumer Protection Law.
For further information on refunds and contract termination, please refer to High5’s Refund Policy. Please note that refunds are generally excluded unless agreed upon in writing on a case-by-case basis.
14.1 These GTC and the contractual relationship are exclusively governed by the laws of Turkey. International legal regulations or the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.
14.2 The court in Istanbul is exclusively competent for all disputes arising from or in connection with these GTC and the contract.
15.1 If any provision of these General Terms and Conditions is or becomes wholly or partly invalid or unenforceable, the validity of the remaining provisions shall not be affected. Instead of the invalid or unenforceable provision, a provision that comes as close as possible to the economic purpose of the original provision shall apply.
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