General Terms of Use (GTU)

Presentation of the GetMyOpinion solution

GetMyOpinion is an independent specialist in the collection, moderation, and publication of customer reviews online for B2C and B2B. The GetMyOpinion online review solution aims to evaluate the service provided by a service Client and enhance the experience of its Clients online.

GetMyOpinion is a trusted third party that certifies the authenticity of reviews and ensures total transparency in the calculation of ratings. It guarantees complete transparency towards Clients and Consumers. It undertakes to transmit and publish information, ratings, and comments strictly identical to those it collects, except for any illegal or illicit mentions and statements.

It is expressly reminded that the content of comments must not contravene current laws and regulations.

Our solution complies with decree n°2017-1436 of September 29, 2017, regarding information obligations related to online consumer reviews.

1. Definitions

« Review »: designates all elements of the Consumer's assessment of a Product or Service offered or sold by a Client, consisting of a rating given in the form of stars from 1 to 5, a recommendation rating from 0 to 10, and the Consumer's comment;

« Customer Reviews Charter »: designates all the rules, procedures, and measures implemented to govern the collection, moderation, publication, and management of consumer reviews, in order to guarantee their authenticity, reliability, and transparency;

« Client »: designates any natural or legal person using GetMyOpinion's Services, acting for professional purposes, and who agrees to these General Terms and Conditions of Sale;

« General Terms of Use » or « GTU »: designates these general terms of use that the Consumer accepts and agrees to respect;

« Consumer »: any natural person who has acquired and used a Product or Service from a Client and who submits a related Review, or any employee of a legal entity submitting a Review concerning a Product or Service provided to their employer, which they have personally used, and on whose behalf they issue the Review and accept these GTU;

« GetMyOpinion »: designates the company GetMyOpinion, a simplified joint-stock company registered in the Paris trade and companies register under number 820 695 047, whose registered office is at 39 rue de la Gare de Reuilly 75012 Paris, and represented by its current President;

« Product or Service »: product or service provided by the Client, purchased and used by the Consumer, subject of the Review.

2. Purpose of these General Terms of Use

The purpose of these General Terms of Use (GTU) is to define the conditions relating to the operation of the services offered by GetMyOpinion applicable to Consumers who submit their Review.

Non-compliance with these GTU may lead to the rejection or removal of a Review.

3. Acceptance of the General Terms of Use

Any person is informed that by submitting a Review on a Product or Service, they acknowledge having read these GTU and accept them without reservation in their entirety.

4. Collection, moderation and publication process

The terms of collection, moderation and publication of Reviews are detailed in the Customer Reviews Charter.

5. Protection of personal data

The Consumer's personal data is processed in accordance with the privacy policy communicated to them.

6. Intellectual Property

6.1. Rights of GetMyOpinion

All intellectual property rights relating to the structure and content of the Website such as images, sounds, videos, photographs, logos, trademarks, graphic, textual, visual elements, tools, software, documents, data, etc., as well as the GetMyOpinion software solution, are the exclusive property of GetMyOpinion.

The Consumer is prohibited from copying, modifying, reproducing, publishing, creating a derivative work, or using the intellectual property rights described above in any way whatsoever without the express written permission of GetMyOpinion – whether this use is for commercial purposes or not.

Non-compliant use of these rights will constitute a violation of copyright and will constitute the offense of counterfeiting. The civil and criminal liability of the Consumer may be engaged.

6.2. Rights of the Consumer

As indicated in 4, the Consumer agrees that their Review may be published on the websites of GetMyOpinion and the Client, subject to respect for their rights concerning their personal data.

As such, if the Review is likely to be protected by intellectual property rights, the Consumer grants GetMyOpinion and the Client the rights of representation and reproduction necessary for the publication of the Review under the conditions provided for in 4, for the duration planned for the publication of the Review, worldwide.

Any published Review may be indexed by search engines and any other online indexing service, as part of the referencing of the Clients' websites.

7. Warranties and Liabilities

7.1. Warranties of GetMyOpinion

GetMyOpinion will make its best efforts to allow continuous access to its Website, diligently and in accordance with the rules of the art, except for interruptions required for maintenance, possible breakdowns, technical or legal constraints. The Consumer acknowledges and accepts that no one can guarantee the proper functioning of the internet as a whole.

The Website and services fall within a particularly complex field of computer technology and, in the current state of knowledge, they cannot materially be tested for all possible uses. In particular, the adequacy of the services to all the needs and requirements of the Consumer, which are solely their assessment, or the operation of the Website or services without errors or damage cannot be guaranteed.

GetMyOpinion assumes an obligation of means in the execution of the services. GetMyOpinion's liability can only be established in the event of foreseeable damage resulting directly from a proven breach by GetMyOpinion of its obligations in accordance with applicable provisions.

GetMyOpinion will not be liable for any damage originating from the use of the services by the Consumer that does not comply with the GTU.

GetMyOpinion cannot be held responsible for the actions or omissions of third parties to the contract, notably social networks and other websites on which Reviews are posted.

To the fullest extent possible and permitted by applicable law, the limitations and exclusions of warranty and liability provided in these GTU apply regardless of the basis of liability.

7.2. Consumer Warranties and Liabilities regarding their content

The Consumer must ensure the legality and regularity of the content they communicate when submitting Reviews, respecting the rights of third parties and current regulations.

In particular, the Consumer undertakes to indemnify GetMyOpinion against any claim resulting from the Consumer's non-compliance with their legal obligations or these GTU, including all indemnities, costs, and attorney fees that may be charged to GetMyOpinion in this regard.

8. Applicable Law and Competent Court

Any dispute relating to the interpretation and execution of these GTU is subject to French law.

In the event of a dispute, the Consumer is informed that they can resort free of charge to a consumer mediator, after the failure of an attempt at amicable settlement directly with GetMyOpinion in accordance with the provisions of the Consumer Code.

In the absence of mediation, the jurisdictional competence is that of the French courts. The competent court will be designated according to the procedural rules in force in France.