(VERSION 2.0, JULY 2015)
These terms and conditions (the "Agreement") apply to companies' and other organisations' ("Customer") free use of Trustpilot A/S' ("Trustpilot") services (the "Trustpilot Service"), including situations where the Customer is granted a free trial of the Trustpilot Service ("Free Trial"), see section 1.5 below and Appendix A.
The Agreement includes (i) the order form (if applicable), which contains details of the Customer's order of free use of the Trustpilot Ser-vice ("Order Form"), (ii) Appendix A (if applicable) and (iii) all operating rules, policies and guidelines (collectively, the "Guidelines") that are referred to herein or that may otherwise be published by Trustpilot on its websites (as new Guidelines may be created and other Guidelines may be amended from time to time), including without limitation:
When the Customer signs up for the Trustpilot Service, Trustpilot will provide the Customer with an account on Trustpilot's website (a "Basic Account"). In the Basic Account, the Customer will be able to view the services and features that are part of the Trustpilot Service. Trustpilot may at any time and without notice remove, change and alter the services and features made available to the Customer. Trustpilot may offer the Customer additional services, features or free trials of various Trustpilot services in addition to what is described in this Agreement and in Customer's Basic Account. If the Customer uses the additional services and features, free trials, etc., such use will be governed by this Agreement and the Guidelines, and the Customer accepts to comply herewith when using these services, features and free trials. For the avoidance of any doubt, Trustpilot reserves the right to change the name of the free use of the Trustpilot Service, currently named "Basic Account". Such change in name will not in any way affect the validity of this Agreement, including any rights or obligations that the Customer or Trustpilot has according to this Agreement.
The Basic Account allows the Customer to send out a limited amount of review invitation emails to its customers ("Consumer(s)") via the Trustpilot seller review invitation service (the "Seller Review Invitation Service") and invite Consumers to post reviews of their Buying Experiences (as defined in Trustpilot's User Guidelines available at legal.trustpilot.co.uk/user-guidelines).
1.3.1 Trustpilot may make one or more of Trustpilot's Trustboxes available to the Customer via the Basic Account. If Trustboxes are made available to the Customer in the Basic Account, the Customer may implement the Trustboxes on the domain(s) covered by the Order Form or signup form. Trustpilot reserves to the right to change the Trustboxes that are made available to the Customer, if any, including removing, amending or replacing Trustboxes at any time without any prior written notice. If the Customer implements Trustboxes, the Customer accepts that cookies are set by Trustpilot to collect statistics and data about the performance of the Trustboxes on the Customer's domain(s) on behalf of the Customer. If required by applicable laws, the Customer agrees to provide appropriate notices in accordance with applicable laws to the Consumers about the cookies set by Trustpilot on behalf of the Customer and obtain appropriate consent from Consumers. In addition, Trustpilot will collect data and statistics relating to the Trustpilot Service, including the Seller Review Invitation Service. Trustpilot is authorised to collect general user data and report on the aggregate response rate and other aggregate measures of the performance of the Trustpilot Service provided that the user data is completely anonymised, and no personal identification information of the Customer or the Consumers is revealed. Trustpilot may use this anonymised data and statistics for the purposes of providing analysis, reports, benchmarking data and information about the Trustpilot Service to third parties.
1.3.2 If the Customer chooses to use any of Trustpilot's Trustboxes, it is solely the responsibility of the Customer to ensure that the Trustboxes are implemented correctly on the Customer's domain(s). As Trustpilot does not warrant and represent the availability of Trustboxes and as Trustboxes may be suspended at any time, the Customer must ensure that the Customer's domains and environments that integrate or implement Trustboxes will not be affected in any way in case Trustboxes are not accessible, are discontinued or do not respond to the Customer's requests. In addition, the Customer is aware and accepts that if a Trustbox implemented on the Customer's domain is no longer accessible, does not respond to the Customer's requests or is discontinued, this may entail the occurrence of an empty placeholder on the Customer's domain where the Trustbox was originally placed. The Customer accepts that the Customer has the sole responsibility for any defects on the Customer's domains caused by or arising out of the use of Trustboxes regardless of whether such Trustboxes are correctly or incorrectly implemented.
Non-Trustpilot applications can be web-based or offline software applications that connect or interoperate with the Trustpilot Service. Non-Trustpilot applications include applications that are developed for or by the Customer, applications that are listed in online directories, app-stores, catalogues or similar marketplaces, or third-party application that are identified as Trustpilot applications. These non-Trustpilot applications can be made available to the Customer by Trustpilot or a third party. The Customer's use of non-Trustpilot applications, and any exchange of data between the Customer and the non-Trustpilot application provider, is solely a matter between the Customer and the non-Trustpilot application provider. If the Customer installs or enables non-Trustpilot applications that connect with the Trustpilot Service, including the Seller Review Invitation Service, the Customer accepts that Trustpilot may allow the non-Trustpilot application provider to access the Customer's data, including Consumer Data and Confidential Information, as required for the connection and interoperation of the non-Trustpilot application with the Trustpilot Service. The Customer may be required to accept separate terms for the use of non-Trustpilot applications, and such terms will apply to the relationship between the Customer and the non-Trustpilot application provider regarding the use of the non-Trustpilot application. It is the sole responsibility of the Customer to ensure that such terms provide appropriate protection of and access to the Customer's data, including Consumer Data and Confidential Information. The Trustpilot Service may also contain features that are designed to connect or interoperate with non-Trustpilot applications. If the Customer wishes to enable such features, the Customer may be required to grant Trustpilot access to the Customer's account(s) on the non-Trustpilot applications and the Customer warrants that Trustpilot is lawfully entitled to access such information on behalf of the Customer. If the non-Trustpilot application provider ceases to make the non-Trustpilot application available to the Customer, Trustpilot may cease to provide these features to the Customer without entitling the Customer to any refund or compensation. Non-Trustpilot application providers are not sub-data processors or subcontractors of Trustpilot, and Trustpilot is not responsible for the non-Trustpilot application providers' conduct or negligence, including but not limited to any disclosure, modification, corruption, loss or deletion of the Customer's data resulting from any access by a non-Trustpilot application provider to the Customer's data from the Trustpilot Service via a non-Trustpilot application used, enabled or installed by the Customer. For the avoidance of doubt, Trustpilot is not responsible and assumes no liability for non-Trustpilot applications, and Trustpilot does not warrant or support non-Trustpilot applications, whether or not they are designated by Trustpilot as "certified" or similar.
The Customer may be offered the possibility of signing up for a Free Trial, which will grant the Customer access to additional Trustpilot services for free for a temporary period. If the length of the Free Trial period is not described in the Order Form, the signup form or otherwise, the Free Trial period will be 14 days ("Free Trial Period"). The Free Trial Period will start on the date when the Customer signs up or as otherwise stated in the Order Form and continue for the Free Trial Period, unless terminated earlier, cf. section 6 in this Agreement. The Free Trial is further described in Appendix A to this Agreement. Upon expiration of the Free Trial Period, the Customer will no longer have full access to the Trustpilot Service. The Customer will, however, still have access to the Basic Account unless Trustpilot decides to terminate the Agreement pursuant to section 6.2.
2.1.1 The Customer agrees to comply with its obligations as a data controller under EU Data Protection Directives, any other legisla-tion and/or binding regulations implementing or made pursuant to this legislation ("Data Protection Requirements").
2.1.2 When enabling the Seller Review Invitation Service, the Customer is regarded as a data controller of the Consumers' personal data, which is provided to Trustpilot when the Customer uses the Seller Review Invitation Service, and Trustpilot is regarded as the data processor. This implies that Trustpilot will only act by instruction from the Customer in relation to the Consumers' personal data provided by the Customer to Trustpilot. It is the sole responsibility of the Customer to provide such instructions to Trustpilot. Trustpilot shall take any necessary security measures to comply with the obligations of a data processor, including ensuring that the information is not (i) accidentally or unlawfully destroyed, (ii) lost, altered or damaged, (iii) disclosed to or accessed by any unauthorised person, (iv) misused, or (v) in other ways treated in violation of the Data Protection Requirements. On the Customer's request, Trustpilot will, in line with and to the extent provided for in the Data Protection Requirements, supply the Customer with sufficient information for the Customer to ensure that the above-mentioned technical and organisational security measures have been taken. All Consumer data collected and processed after the Consumers sign up on Trustpilot's website is processed by Trustpilot as a data controller.
Trustpilot is not responsible and assumes no liability for the Consumers' conduct on the Trustpilot website or the use of the Trustpilot Service, including the content published by the Consumers ("User Content"). Trustpilot does not and cannot control or monitor the User Content and does not in any way endorse User Content. Nor do the opinions expressed in the User Content represent the opinions of Trustpilot, its affiliates or any officers, directors, employees, contractors or shareholders of Trustpilot and its affiliates.
The Agreement shall not be regarded as Trustpilot's approval, endorsement or recommendation of the Customer, the Customer's products or the Customer's services. The Customer may not market itself or in any way give public declarations in conflict with the above.
The Customer is obligated to (i) comply with the Agreement and Guidelines in force at any time; and (ii) only use the Trustpilot Service on the domain(s) covered by the Agreement. The Customer's use of the Trustpilot Service must comply with all applicable laws, rules and regulations at all times. The Customer warrants that its use of the Trustpilot Service will in no way cause Trustpilot to violate applicable law, rules or regulations or to violate the privacy rights of any third party.
3.2.1 When the Customer signs up for a Basic Account, a password for that account is created. This password may only be used by and for the Customer. The Customer is responsible for all use of the Trustpilot Service occurring under the Customer's Basic Account. The login to the business account may not be shared. If the Customer has a need for more than one person to have access to the Customer's business account, the Customer must ensure that each person has his or her own login. Access to multiple business logins may require that the Customer licenses additional modules on the Trustpilot Service. The Customer and any person with a unique login to the Customer's business account must be contactable at any time via email as Trustpilot's system relies on continuous user authentication to be carried out via email, with no options for Trustpilot staff to bypass this, thus ensuring security.
3.3.1 If the Customer enables the Seller Review Invitation Service, the Customer must provide Trustpilot with the data necessary for Trustpilot to create and send out email invitations to Consumers. The data must be sent to Trustpilot using the provided interfaces and must include name, email address and order ID. The Customer warrants and represents that the Customer is entitled (including having obtained all necessary consents from the Consumers) to allow Trustpilot to process these data as required in order to deliver the Seller Review Invitation Service and that the use of such data by Trustpilot to deliver the Seller Review Invitation Service shall not breach the Data Protection Requirements.
3.3.2 Through the Seller Review Invitation Service, Customer will have access to email review invitation templates. The Customer accepts and agrees that these templates are provided "as is", and if the Customer chooses to use any of these email review invitation templates it is the sole responsibility of the Customer to ensure that the email review invitation template meets all applicable legal and regulatory requirements.
3.3.3 The Customer acknowledges and agrees that the Customer, and not Trustpilot, is and will be the sole or designated "sender" of any and all email messages sent or caused to be sent by Trustpilot to Consumers via the Review Invitation Service (each, an "Invitation Email").
3.3.4 Without limiting any other obligation of the Customer contained in this Agreement, the Customer agrees to:
a) Provide Trustpilot with a "from" name that accurately identifies (by individual or company name) the person or company initiating the Invitation Email as the sender of such Invitation Email. The Customer shall notify Trustpilot of any changes to the "from" name.
b) Provide Trustpilot with a valid, operational return email address that (I) is routinely monitored by the Customer personnel, and (II) remains operational for the duration of the Agreement and (III) remains operational for as long as required by applicable laws, rules and regulations.
c) If required in accordance with applicable laws, rules or regulations, ensure that all Invitation Emails contain an unsubscribe link and text that meets all applicable legal requirements, including the CAN-SPAM Act, so that it is possible for recipients to request not to receive future commercial email messages from Customer and accommodate such requests in accordance with applicable laws.
d) Accurately describe the subject matter of the Invitation Email within the "subject" header of the Invitation Email so that the subject heading would not be likely to mislead a recipient acting reasonably under the circumstances.
3.3.5 The Invitation Email must include the Customer's valid, physical postal address as well as clear and conspicuous identification that the Invitation Email is an advertisement or solicitation if this is the case.
The Customer may invite the Consumers to submit reviews, e.g. by enabling the Seller Review Invitation Service. The Customer must invite either all or no Consumers to submit reviews. The Customer may not invite selected Consumers. The text in the invitation to submit a review must be unbiased and independent of whether the Consumer is expected to have had a positive or negative experience in connection with her/his Buying Experience with the Customer. The language used in the invitation must be neutral and without attempts to e.g. (i) influence the Consumer in a positive or negative direction or (ii) attract specific types of Consumers. Trustpilot reserves the right to carry out random checks of the Customer's email invitations to ensure that the Customer fulfils its obligations in this regard.
3.5.1 The Customer has the option of replying to reviews on Trustpilot. If the Customer replies to reviews, the Customer warrants in every context that the replies are in compliance with the Guidelines and that they: (i) are not unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, defamatory, tortious, obscene, pornographic or profane, (ii) do not have sexist, political or racially discriminating character, (iii) do not violate other people's rights, including any intellectual property rights and privacy rights, (iv) are not offensive or in any way breach any applicable local, national or international law or regulation, (v) do not have a disloyal or unlawful purpose and/or content (or promote unlawful purposes), (vi) are not technically harmful (including without limitation containing computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct).
3.5.2 If Trustpilot receives notice or otherwise becomes aware that the replies violate this Agreement, current legislation and/or the Guidelines, Trustpilot may delete the replies without any notice, and Trustpilot may inform the violated party and/or the authorities of the violation depending on the nature of the violation. Trustpilot's right to delete is not be conditioned on an explanation, although Trustpilot will strive to inform the Customer about the deletion and the reason hereof.
3.6.1 Seller reviews
The Customer accepts and agrees that the Customer is not permitted to allow Google and other search engines to index seller review content and any other User Content to achieve better organic search engine results and publish Google rich snippets for the content on the Customer website, and the Customer agrees that the Customer will not use seller reviews, other User Content and other data provided by Trustpilot in violation of third party guidelines, including, but not limited to, various Google guidelines, such as Google's rich snippets guidelines.
3.7.1 Unless otherwise stated in the Customer's Basic Account, the Customer is not entitled to display reviews, the TrustScore and Trustpilot Stars. If the Customer is granted a license to display reviews, the TrustScore and/or the Trustpilot Stars on the Cus-tomer's domain(s) covered by the Agreement or elsewhere, the Customer agrees and accepts that the Customer will not use or display reviews, other User Content and other data provided by Trustpilot, including the TrustScore and Trustpilot Stars, in a non-compliant manner, cf. this Agreement and the Guidelines. This includes an obligation for the Customer to ensure that the displays of these are not misleading, biased or otherwise deceptive and that the displayed TrustScore and Trustpilot Stars are always accurate and reflect the Customer's actual awarded number of Trustpilot Stars and TrustScore on Trustpilot's website. The Customer must remove and delete any displayed reviews if so requested by the user who wrote the review in question or by Trustpilot, e.g. in case the review is in violation of the Guidelines.
Trustpilot is entitled to modify and make changes to the Agreement and Guidelines that are referred to herein or that may otherwise be published by Trustpilot on its websites from time to time. The latest applicable versions will be available on Trustpilot's websites.
Trustpilot will give Customer prior notice on its websites if changes are made to the Agreement or the Guidelines. The latest versions of any of these documents shall be integrated parts of the Agreement. The Customer agrees that the continued use of the Trustpilot Service after any posted modified versions of the Agreement or the Guidelines entails Customer's acceptance hereof.
The Agreement becomes binding and effective on the date ("Effective Date") that the Customer:
The Agreement remains in force in accordance with the term described in the Order Form. If an Order Form is not applicable, the Agreement remains in force until terminated by one of the parties, as set forth in section 6.
Use of the Trustpilot Service under this Agreement is free of charge.
The Customer can discontinue its use of the Trustpilot Service at any time. Moreover, the Customer has the option to close down its Basic Account at any time. Closing of the Basic Account will entail that the Trustpilot Service will no longer be available to the Customer. Closing of the Basic Account and discontinuation of the Trustpilot Service can be done by contacting email@example.com.
Trustpilot may, without prior notice at any time and for any reason, including but not limited to a period of account inactivity, terminate the Customer's access to the Trustpilot Service, terminate the Agreement, suspend or terminate the Customer's Basic Account. Trustpilot will notify the Customer of such termination or suspension.
Upon termination of the Agreement, the parties are discharged from any obligations under the Agreement (subject to section 12).
In case of termination of the Agreement, no matter the cause, the Customer is obligated to cease any use of the Trustpilot Service.
Termination of the Agreement, no matter the cause, will have no effect on reviews posted on Trustpilot's websites even if such reviews have been posted as a result of the Customer's use of the Seller Review Invitation Service. Reviews will remain on Trustpilot's websites until removed by the respective Consumer or by Trustpilot.
The Customer's unauthorised use of the Trustpilot Service can be prohibited by an injunctive relief without security.
The Customer shall indemnify Trustpilot against any loss, damage or penalties suffered or incurred by Trustpilot as a result of any third party claim (including any claim or allegation by any governmental authority) that (i) the use of any content provided by the Customer (a) infringes the intellectual property rights of a third party and/or (b) violates applicable law or the Guidelines; (ii) Trustpilot's use of Consumer data in accordance with this Agreement is in breach of the Data Protection Requirements or any other applicable law related to data privacy; or (iii) any email message sent or caused to be sent by Trustpilot on behalf of the Customer violates any applicable law, rule or regulation, including without limitation CAN-SPAM. The Customer shall not bring any claim against Trustpilot arising from or related to any User Content, including without limitation any claim that the User Content is defamatory, offensive or otherwise harmful. The Customer shall indemnify Trustpilot against any loss or damage suffered or incurred by Trustpilot as a result of any such claim, whether such claim is brought by the Customer, any of the Customer's affiliates, or any of its or their officers, directors, employees, contractors, agents, shareholders or other associated third parties.
The use of the Trustpilot Service is the responsibility of the Customer. The Trustpilot Service is supplied "as is", it may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability, and Trustpilot does not guarantee the general applicability or availability of the Trustpilot Service.
The Customer is not entitled to claim damages (regardless of whether they are direct, indirect or consequential) for (i) any loss of profits, contracts, turnover, business, business opportunity, loss or corruption of data or recovery of data, goodwill, security breach resulting from a failure of third party telecommunications and/or the internet, anticipated savings or revenue (ii) any loss or damage arising in connection with liabilities to third parties or (iii) any indirect or consequential loss or damage whatsoever.
As the Trustpilot Service is free of charge, Trustpilot is not liable for the Customer's use of the Trustpilot Service, including without limitation liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including negligence) and breach of statutory duty arising from or in connection with the Agreement. Nothing in the Agreement excludes or limits either party's liability matters which cannot be excluded or limited under applicable law.
The Customer is not entitled to assign or transfer its rights or obligations under the Agreement to any third party without prior written consent from Trustpilot.
Trustpilot is entitled to assign and/or transfer any of its rights or obligations under the Agreement to any third party.
The Trustpilot Service, including any content on the Trustpilot Service and all underlying technology (including all intellectual property rights embodied therein), is and will remain the sole and exclusive property of Trustpilot and will be protected in accordance with applicable copyright laws and other legislation. No license to any underlying technology is granted. If the Customer provides feedback, ideas, suggestions or comments on or regarding the Trustpilot website, the Trustpilot Service or other services offered on the website ("Feedback"), Trustpilot is free to fully exploit such Feedback.
The Customer is only permitted to use Trustpilot's logos, graphics and trademarks ("Trustpilot Designs") if such right has been granted to the Customer by Trustpilot. The Customer will be able to see if such right has been granted by viewing the Customer's Basic Account on Trustpilot's website. If such right has been granted, the Customer is only entitled to use Trustpilot Designs in accordance with the Guidelines.
The Customer agrees that Trustpilot may use the Customer's name and logo on Trustpilot's websites and as a part of a general list of Trustpilot's customers for use and reference in corporate, promotional and marketing material.
The parties are mutually obliged not to reveal the content of the Agreement to any third parties and to keep confidential the terms of this Agreement (including any Order Form) and other pieces of information that the par¬ties may have exchanged or may in the future exchange regarding their undertakings or business relationships. Information which derives from or concerns a party can be demanded to be kept secret due to the nature of the matter.
The confidentiality statement also applies after the termination of the Agreement no matter the cause of the termination.
The foregoing confidentiality obligations will not apply to any information that the receiving party can reasonably document was already published or publicly known at the time of its disclosure unless the publication is due to a disregard of the confidentiality obligations set forth in the Agreement. Nothing in this Agreement hinders the disclosure of any information which is required by law to be disclosed or which a party is requested to disclose on a confidential basis to a party's attorneys, advisors or potential acquirers or sources of financing in connection with a due diligence request. The foregoing confidentiality obligations will not hinder the disclosure of the information that the Customer is or has been a customer of Trustpilot on Trustpilot's website and elsewhere. Furthermore, if the Customer is in material breach of the Agreement or the Guidelines and Trustpilot thus terminates the Agreement, Trustpilot is entitled to announce the termination of the Agreement.
The invalidity, illegality or unenforceability of any section (or part of a section) of the Agreement does not affect the continuation in force of the remainder of the section (if any) and the Agreement.
The following sections will survive expiration or termination of this Agreement; sections 6, 7, 8, 10, 11, 12, 14 and any other section that is intended by its nature to survive expiration or termination.
If there are any discrepancies, disputes, differences or the like between the Agreement and the Guidelines, the Guidelines shall prevail.
The Agreement contains the entire agreement between the Customer and Trustpilot regarding the use of the Trustpilot Service and supersedes all prior agreements between the parties in relation to the same.
The Agreement and any disputes relating to or accruing from the Agreement are and will be governed by Danish law. Any disputes relating to or accruing from the Agreement and the Customer's use of Trustpilot's services must be settled in the city court of Copenhagen in the first instance.
The provisions of this Appendix A shall apply together with the rest of the Agreement if the Customer is granted a Free Trial, cf. clause 1.5 of the Agreement.
1.1 In addition to the services provided under the Basic Account, Trustpilot may provide the following services to the Customer during the term of the Free Trial:
1.1.1 Trustpilot's logos, graphics and trademarks (the "Trustpilot Designs") as specified in the Trademark Guidelines which the Customer may use to display the TrustScore and review snippets in the Customer's sales promotion materials and on the domain(s) mentioned in the Order Form and in accordance with section 10 of the Agreement.
1.1.2 Full access to Trustpilot's Seller Review Invitation Service, which sends an email to Consumers on the Customer's activation with an invitation to post reviews of their shopping experiences.
1.1.3 Full access to Trustpilot's product review invitation service (the "Product Review Invitation Service"), which sends an invitation to Consumers to post reviews of their experiences with the products sold by the Customer upon the Customer's activation. The invitation includes an invitation text and a direct link to the Trustpilot Service, where the Consumer can post a review of the Customer's products and at the same time automatically be registered on the Trustpilot Service. The invitation is sent by Trustpilot on behalf of the Customer, and it is thus a precondition for the Product Review Invitation Service that the Customer provides Trustpilot with the necessary information, cf. section 2.1. If the Customer enables the Product Review Invitation Service, all provisions in the Agreement covering the use of Seller Review invitation Services will also apply to the Product Review Invitation Services, including, but not limited to, the provisions in sections 1.3, 1.4, 2.1, 2.2, 3.3, 3.4, 3.5, 6.5 of the Agreement.
1.1.4 Access to additional Trustboxes. After the expiry of the Free Trial, the Customer will no longer have access to additional Trustboxes that are not included in the Basic Account. At the end of the Free Trial Period, the Customer must therefore cease all use of the Trustboxes not included in the Basic Account and remove such Trustboxes on the Customer's domain(s). It is solely the responsibility of the Customer to ensure that Trustboxes are implemented correctly on the Customer's domain(s), cf. also section 1.3 of the Agreement.
1.1.5 Access to Trustpilot's API solutions
Trustpilot has two API solutions: Trustpilot's public API and Trustpilot's customer API (collectively, the "API Solutions"). Should the Customer request so, Trustpilot will provide the Customer with a key to get access to one or both of the API Solutions. Trustpilot reserves the right not to issue a key to the Customer in case of suspicion that the Customer is carrying out conduct in violation of the Agreement or the Guidelines.
2.1.1 If the Customer enables the Product Review Invitation Service, the Customer must provide the necessary data for Trustpilot to create and send out invitations to Consumers. The data must be sent to Trustpilot using the provided interfaces and must include name, email address, order ID and product information, including a link to the product on the Customer's website, a link to an image of the product, SKU for the product and a title. The Customer warrants and represents that the Customer is entitled to allow Trustpilot to process the data required to deliver the Product Review Invitation Service (including having obtained all necessary consents from the Consumers) and that the use of such data by Trustpilot to deliver the Product Review Invitation Service does not breach the Data Protection Requirements.
2.1.2 Through both the Seller Review Invitation Service and the Product Review Invitation Service, the Customer will have access to email review invitation templates. The Customer accepts and agrees that these templates are provided "as is" and that it is solely the responsibility of the Customer to ensure that the email review invitation template meets all applicable legal and regulatory requirements should the Customer choose to use any of the provided email review invitation templates, including making any changes to them.
2.2.1 Product reviews
The parties agree that the Customer may allow Google and other search engines to index the product review content to achieve better organic search engine results and publish Google rich snippets for the content on the Customer website.
If the Customer is entitled to use one or both of the API Solutions, and access is granted to the Customer, the Customer agrees to access and use the API Solutions in accordance with the following requirements:
2.3.1 When using the API Solutions and displaying data provided via the API Solutions, the Customer agrees to comply with: (i) this Agreement, (ii) the policies and documentation concerning the API Solutions, which Trustpilot can modify and amend from time to time, and which can be found on apps.trustpilot.com and business.trustpilot.co.uk, (iii) the Guidelines, (iv) all local and international laws and regulations, including all applicable intellectual property right laws and Data Protection Requirements), and (v) any other specifications or conditions advised to the Customer by Trustpilot at any time. In addition, the Customer agrees to obtain all necessary permissions and approvals.
2.3.2 The key to the API Solutions may only be used by and for the Customer. If the Customer suspects that the key is or has been misused, the Customer must contact Trustpilot immediately by email: firstname.lastname@example.org.
2.3.3 The Customer may not share any data provided by Trustpilot via the API Solutions, including the reviews and any personal data, with any third parties, excluding permissions granted in clauses 2.4, and the Customer accepts to comply with any applicable data protection legislation when processing any personal data provided by Trustpilot.
2.3.4 As Trustpilot does not warrant or represent the availability of the API Solutions, and as the API Solutions may be suspended at any time, the Customer must ensure that none of the Customer's features and environments that implements data from the API Solutions will be affected in any way in case that the API Solutions are not accessible or do not respond to the Customer's requests.
2.3.5 The Customer agrees that the Customer may not try to access any of the API Solutions other than the ones that are available to the Customer and that are described in the documentation. The Customer agrees only to access Trustpilot's public API in relation to reviews about the Customer and only to use reviews about the Customer.
2.3.6 If the Customer uses the API Solutions in an inappropriate manner, Trustpilot reserves the right to discuss this with the Customer, and if the Customer does not change the inappropriate use, Trustpilot may close down the Customer's access to the API Solutions.
2.3.7 The Customer may not use Trustpilot's public API and the reviews in a way that is libellous or defamatory of third parties, or is obscene, malicious or discriminatory in any way.
For the duration of the Free Trial Period, the Customer is granted a license to display reviews, the TrustScore and/or Trustpilot Stars on the Customer's domain(s) covered by the Agreement. Such display must be in accordance the requirements laid down in the Agreement. At the end of the Free Trial, the Customer must cease all use of the reviews, the TrustScore and/or Trustpilot Stars and remove any such display on Customer's domain(s) and elsewhere.