PLEASE READ THESE GENERAL TERMS AND CONDITIONS (“GTC”) CAREFULLY. BY COMPLETING THE MENTOR REGISTRATION PROCESS AND TICKING A BOX TO CONFIRM THAT YOU HAVE READ AND ACCEPT THESE GTC YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE GTC. [BY USING THE PLATFORM, YOU AGREE THAT WE MAY CHANGE, ALTER, OR MODIFY THE SETTINGS OR CONFIGURATIONS ON YOUR DEVICE OR COMPUTER USED TO ACCESS THE PLATFORM IN ORDER TO ALLOW FOR US TO OPTIMIZE YOUR USE OF THE PLATFORM.]
1. INTRODUCTION
1.1. BRTH Limited Company (“Anyfeedback”, “we”, “us” or “our”) owns and operates this website (https://anyfeedback.co) and application (https://app.anyfeedback.co) (jointly referred to as “Platform”) which connect Clients with Mentors across a wide range of fields to provide feedback on various fields.
1.1.1. Data of Anyfeedback
Company registration number: 08-09-036879
Registered seat: 210. ajto, II. emelet, 10/A, Szent István ut, HU-9021, Gyor, Hungary
Postal address: 210. ajto, II. emelet, 10/A, Szent István ut, HU-9021, Gyor, Hungary
Tax number: HU32582730
Represented by: Balint Bartha
Phone number: +36309910908
Email: contact@anyfeedback.co
1.1.2. Data of the hosting provider:
Name: Bubble Group, Inc.
Registered seat: 1811 Silverside Road, Wilmington, New Castle County, Delaware 19801
Email: legal@bubble.io
1.2. As a Mentor the Platform enables you to provide Feedback for Clients’ Projects through the Platform.
1.3. Your use of the Platform as an Mentor will be governed by the Client GTC and these GTC, and any other terms and conditions and documents referred to in these GTC, which will form a legal contract between Anyfeedback and you. The terms “you” or “your”, when used in these GTC, refer to you as a user of the Platform. You and we are each a “Party” to these GTC and together are referred to as the “Parties”.
1.4. By registering for a Mentor Account to use the Platform, you are agreeing to be legally bound by these GTC and our privacy policy, available on the Platform (“Privacy Policy”) as a master agreement.
1.5. The issues not regulated in the GTC and their interpretation shall be governed by Hungarian law, in particular with regard to the relevant provisions of Act V of 2013 on the Civil Code (“Civil Code”). The mandatory provisions of the relevant legislation shall apply without any specific stipulation.
1.6. If you would like to contact us for any reason, please use the following details: email: contact@anyfeedback.co
1.7. We reserve the right to revise the GTC at any time. If we revise these GTC we will (i) post the revised GTC on the Platform and update the date thereof, as indicated above, and (ii) we will email you at the email address provided to us pursuant to these GTC and thereby give you at least one months’ written notice of any changes to these GTC before they take effect. The changes will take effect one month after we email you. If you do not delete your Mentor Account, you will be deemed to have expressly accepted the changes.
1.8. These GTC were last updated on the date appearing at the beginning of these GTC.
2. DEFINITIONS AND INTERPRETATIONS
2.1. When the following words with capital letters are used in these GTC, this is what they will mean:
“Applicable Law” means all applicable statutes, legislation, directives, statutory instruments, laws and regulations, the treaties of the European Union and Hungary;
“Business Day” any day other than a Saturday, Sunday, bank or public holiday, when banks are open for business in Hungary;
“Civil Code” means the Hungarian Act V of 2013 on the Civil Code (2013. évi V. törvény a Polgári Törvénykönyvről);
“Client” a natural person who has reached the age of 18 or legal entity which registered to the Platform as a Client;
“Client Account” means an account created as result of the registration procedure set out in Article 3 of the Client GTC;
“Confidential Information” means all information in any form relating to a person (other than any information disclosed by such person which is explicitly marked as non-confidential or public), save to the extent that such information:
is already in the public domain in the relevant area of application at the time of disclosure; or
enters the public domain in the relevant area of application other than by a breach of any obligation of confidentiality; or
was developed by the recipient independently (other than any derivative of any confidential information as aforesaid).
Without limiting the foregoing, such confidential information shall include:
Trade Secrets, Protected Know-how and other business secrets and know-how and any other intellectual property whose one or more elements (but not as a whole) is in the public domain;
all documentation, materials, drawings, data and articles provided through or in connection with the Platform;
ideas, concepts, plans, solutions, specifications, technical information, including technology plans, standards of technology, records of research and development, technology reports, inspection reports, experimental data, experimental outcomes, computer software, databases, blueprints, samples, models, operation manuals, technology files and relevant correspondence;
operational information, including list of providers and contractual partners, list of customers, business and marketing strategies, costs, prices, marketing data and procurement data;
financial information, including documents of banking accounts, reckonings, bills, financial statements, accounting books, accounting certificates, credit certificates, taxation certificates, financial reports, budget statements, balance conditions, credit conditions, audit reports and financial documents;
business, operational, technical or other processes, methods or developments;
physical or IT access information (login names and passwords);
information relating to business opportunities, commercial partners, contractual arrangements, research and development activities, key employees and personnel;
any information derived (whether by conclusion or otherwise) from any of the foregoing;
“Contracts” means the following type of contracts:
“Platform Contract” has the meaning set out in Article 3.2 of Client GTC;
“Credit Purchase Contract” has the meaning set out in Article 10.1 of Client GTC;
“Feedback Contract” has the meaning set out in Article 8.2 of Client GTC;
“Credit” A payment unit purchased by the Client or credited by Anyfeedback in the cases specified in these GTC that can be used to pay for Mentors’ Feedback. Credits may be used for an indefinite period; however, if the Platform or Anyfeedback ceases to operate, the purchased Credits will no longer be usable;
“Mentor” The natural or legal person who has registered on the Platform as a Mentor and has been approved by Anyfeedback;
“Mentor Account” means an account created as result of the registration procedure set out in Article 3;
“Feedback” all textual, visual, and audiovisual information provided to the Client by the Mentor during the completion of the Job;
“Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, all other rights in the nature of copyright, utility models, trademarks and service marks, business names and domain names, rights in get-up and trade dress, prototypes, techniques, drawings, patterns, techniques, computer programs, source codes, goodwill, rights in designs, database rights, rights to use, and protect the confidentiality of Confidential Information (including know-how (including Protected Know-how) and business secrets (including Trade Secrets)), and all other intellectual property rights, in each case whether registered, unregistered or the subject of a pending application and all applications and rights to apply for and be granted, renewals, revivals, reversions, divisions or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist now, or may subsist in the future, in any part of the world;
“Job” the content and instructions uploaded by the Client, based on which and under the conditions of which the Mentor must provide Feedback on the Project;
The Job can be in the following statuses:
“Invite Pending” the status of the Job from the moment the Client begins providing the information specified in Article 6.2 of Client GTC and invites an Mentor to provide a Quote until the Mentor provides a Quote or rejects the Job, but no longer than 30 days;
“Quote Pending” the status of the Job from the moment the Mentor provides a Quote for the Client until the Client accepts or rejects this Quote, but no longer than 7 days;
“Quote Accepted” the status of the Job from the moment the Client accepts the Quote of the Mentor and the Mentor may complete the Job until the Mentor marks the Job as finished;
“Job Pending” the status of the Job from its marked finished by the Mentor until the Client accept or reject the Job, but no longer than 48 hours;
“Closed Job status” means the status when a previous Job is finished either because the Mentor rejected the Invite of the Client; or the Client rejects the Quote of the Mentor, or the Client accepts the Job once its marked finished by the Mentor.
“Project” means text, graphics, images, audio, video, information or other material or content uploaded to the Platform by the Client to be feedbacked by a Mentor. The uploaded materials must comply with the formats and size limits specified by the platform. The Client is responsible for ensuring that the materials do not infringe on copyrights or other legal regulations.
Projects uploaded to the Platform must fall within the categories specified on the Platform. Anyfeedback reserves the right to modify the available categories at any time to reflect the needs and preferences of Clients. It is expressly prohibited to upload Projects that require professional advice or necessitate the Mentor holding any specific degree or license. In particular, the provision of medical, legal, or any other regulated advice on the Platform is strictly forbidden. Clients and Mentors are responsible for ensuring that all submitted Projects comply with these guidelines.
“Project price” means the Credit amount for which the Mentor undertakes to provide Feedback;
“Quote” the Mentor's offer to perform the Job published by the Client.
3. REGISTRATION AS AN MENTOR
3.1. To be able to complete the Mentor registration, you must first register on the Platform as a Client in accordance with Article 3 of the Client GTC.
3.2. To be able to register as a Mentor, you will be required to act as a business entity or sole proprietor and cannot act as a consumer according to the Civil Code.
3.3. To register your Mentor Account, you will be required to complete the following steps:
3.3.1. Complete the Mentor Account registration form;
3.3.2. The Mentor shall define the following parameters of the Mentor Service they provide on the Platform:
3.3.2.1.The categories in which they will provide Feedback;
3.3.2.2.In a free text form, the Services in which they will provide Feedback;
3.3.2.3. an indicative minimum Project price. The Mentor may specify a lower Project price when giving a Quote.
3.3.3. The Mentor shall provide the legal entity on whose behalf the service is provided during the completion of the Job and which legal entity will be able to issue invoices towards Anyfeedback during the payment process according to Section 8 of this GTC. In doing so, they must provide the following details of the legal entity and upload the supporting official documents in English:
3.3.3.1. Name of the entity;
3.3.3.2. Registered seat;
3.3.3.3. Tax number;
3.3.4. The Mentor shall provide the transfer details of their Stripe account and their bank account information available for payments.
3.4. Once the Mentor has completed the steps specified in Article 3.2, they can initiate the approval of their Mentor Account by clicking the "Account Verification" or similarly labelled button. Anyfeedback may approve or reject any Mentor Account registration at its sole discretion and without giving reasons.
3.5. You agree that you will provide accurate, current, and complete information and that you will provide any further information reasonably required by Anyfeedback as part of the Mentor Account registration process. You agree that you will update any information you have provided to us in the event of any change within 5 Business Days of such change.
3.6. Prior to the confirmation of the acceptance of the GTC, the Mentor has the opportunity to correct data that may have been incorrectly recorded during the Registration process on the Registration interface or by submitting a request to Anyfeedback’s customer service email address (Article 1.6 of these GTC).
3.7. With the Registration to the Platform the Parties enter into a contract to use the Platform as an Mentor under these GTC (“Mentor Contract”).
3.8. If you provide any information that is untrue, inaccurate, not up to date or incomplete or Anyfeedback has reasonable grounds to suspect that such information is untrue, inaccurate, not up to date or incomplete, Anyfeedback has the right to: (i) suspend or terminate the Mentor Account and refuse any and all current or future use of the Platform (or any portion of it) or any content available through the Platform, effective immediately.
3.9. The Mentor Account is not transferable. The Mentor agrees not to share the Mentor Account password with any third party and to keep its Mentor Account and Mentor Account password confidential and secure. The Mentor is fully responsible for all activities that occur under the Mentor Account. The Mentor must promptly notify us of any actual or suspected unauthorised use of the Mentor Account or any other breach of security or if it has reason to believe that the Mentor Account or Mentor Account password has been compromised in any way. The Mentor shall be liable for any unauthorised use of the Mentor Account. Anyfeedback reserves the right to remove or reclaim any username at any time and for any reason, such as claims by a third party that a username violates that third party’s rights. The Mentor agrees not to create a Mentor Account or use the Platform if it has been previously removed by Anyfeedback.
3.10. The Mentor is entitled to delete their Mentor Account by sending a request for delete via email to Anyfeedback. Anyfeedback will only delete the Mentor Account upon receiving a deletion request from the email address associated with the specific Mentor Account.
4. DEACTIVATION OF MENTOR ACCOUNT
4.1. After the Mentor Account is approved, if the Mentor has no ongoing Jobs that are yet to be completed, the Mentor can deactivate their Mentor Account.
4.2. After deactivation the Mentor cannot submit Quotes for Jobs and cannot be invited to submit Quotes for Jobs. Any Quotes previously submitted by the Mentor but not yet accepted or rejected by the Client will be withdrawn. Any invites for Quotes sent by the Client will be declined.
4.3. The Mentor can reactivate their Mentor Account at any time by clicking the "Reactivate Account" or similarly labelled button. Anyfeedback may approve or reject any Mentor Account reactivation at its sole discretion and without giving reasons.
4.4. The deletion of the Mentor Account does not affect the deletion of the Client Account associated with the Mentor Account. After the deletion of the Mentor Account, the user can continue to use the Platform as a Client based on the Client GTC. For any final deletion of the Mentor Account, the Mentor must get into contact with Anyfeedback through our official email address.
5. SUBMIT A QUOTE
5.1. The Mentor can submit a Quote for any Invite Pending Jobs visible to the Mentor. The Job is visible for Mentor if the Mentor is invited by a Client to submit a Quote for the Client’s Job. The Mentor will be notified through the Platform about the invite. To submit a Quote, the Mentor must click on the “Submit Quote” or similar button after opening the Job and provide the following information:
5.1.1. The Project price.
5.1.2. A free-text message explaining why the Mentor is the most suitable Mentor for the Job.
6. ACCEPTANCE OF A QUOTE
6.1. The Client may accept or reject the Quote without any justification.
6.2. After the acceptance of the Quote, the Mentor receives an email and a notification through the Platform about the acceptance.
6.3. If the Client accepts the Quote, the Mentor will be obligated to complete the Job within a deadline of maximum 30 days from the time of the Client’s acceptance. The acceptance of the Quote creates a contract under these GTC for the completion of the Job (“Feedback Contract”).
7. COMPLETION OF THE JOB
7.1. The Mentor is obligated to complete the Job within a 30 days deadline from the time of the Client’s acceptance of the Quote and mark the Job as finished by clicking the "Mark as Finished" button or a similarly labelled button.
7.2. The Mentor is entitled to withdraw the Quote until the Job is marked as finished.
7.3. A Job marked as finished will enter Pending Job status, and the Client will be notified, and the Feedback will be visible for the Client. In Pending Job status, the Mentor can no longer modify their Feedback.
7.4. The Mentor shall exercise the expected level of professional diligence and skills that corresponds to their qualifications and experience as stated in their Mentor Account or in the Quote. The Feedback provided by the Mentor must be detailed and professional yet communicated in a language that is understandable to the Client, who may not be a Mentor in the specific category. The Mentor must adhere to the expectations outlined in the Job and strive to advance the Client's Project in the most informative and non-offensive manner.
7.5. The Mentor may only communicate with the Client through the Platform. The Mentor must not contact the Client directly or provide any means for the Client to contact the Mentor directly. If the Client attempts to contact the Mentor directly in any way, the Mentor must inform the Client that any professional advice must be requested exclusively through the Platform. If a Mentor would contact any Client directly in any way, or answer any questions of Clients outside of the Platform, Anyfeedback may in its sole discretion delete the Mentor Account and prohibit any future registration of the Mentor by immediate effect. This limitation does not apply to such Mentor and Client relationships, which were established already before the Mentor’s first registration on the Platform. (Such prior Client relationships must be proven by the Mentor in case of any doubt.)
8. PAYMENT TO THE MENTOR
8.1. The Credit amount equivalent to the Project price specified in the Quote will be credited to the Mentor's account if the Client does not object to the completion of the Job within 48 hours after the Job is marked as complete according to Article 7.1.
8.2. Anyfeedback deducts a commission on the Credit amount to which the Mentor is entitled under Article 7.1. The commission is specified by the Platform automatically in the Quote.
8.3. If the Mentor does not complete the Job until the deadline specified in the Quote, or the Client rejects the completion of the Job the Mentor is not entitled to the Credit amount specified in the Quote.
8.4. The Mentor should indicate during the registration as an Mentor process the minimum gross amount of Credit, which the Mentor will be able to draw down from Anyfeedback (“Minimum Payment”). The Minimum Payment amount should be not less than an amount of USD 100 and can be changed by the Mentor once after every 6-month period.
8.5. On the first day of each month, if the total Credit amount accessible to the Mentor exceeds the Minimum Amount, Anyfeedback will prepare a statement for the Mentor regarding the Jobs completed by the Mentor in the previous month. (“Proof of Completion”). Based on the Proof of Completion, the amount due to the Mentor is calculated by summing the commission-reduced amounts of the Project prices for the Jobs completed by the Mentor in the subject.
8.6. The Proof of Completion will include all information necessary for the Mentor to issue an invoice for the services provided during the completion of the Jobs. If the Proof of Completion does not contain any information essential for issuing the invoice, the Mentor must immediately notify Anyfeedback by email.
8.7. Based on the Proof of Completion, the Mentor must issue an invoice for the performances and amounts listed in the Proof of Completion by the 5th day of each month and upload it to the Platform. If the Mentor did not complete any Jobs in the previous month or the amount of his Credits does not exceed the Minimum Amount the Mentor cannot issue an invoice and is not entitled to withdraw any amount from Anyfeedback.
8.8. Mentor’s invoice should be provided to Anyfeedback from Mentor’s billing entity previously identified and approved by Anyfeedback during the Mentor registration process and should be in full compliance with the Mentor’s local taxation and accounting laws. Mentor shall indicate the services and period of performance on their invoice fully in line with the description of Anyfeedback provided in the Proof of Completion. Mentor is solely responsible for all their tax and accounting obligations resolting from issuing of the invoice, thus Anyfeedback will not and cannot be held liable for not making any tax deductions or withholdings from Mentor’s invoices.
8.9. Mentor’s invoice shall be in compliance with Mentor’s value added tax (VAT) provisions based on Mentor’s national VAT legislation. Should the Mentor be a tax resident of Hungary, Mentor’s invoiced net amount should be equal to the credit amount and Mentor should indicate Hungarian VAT above the invoiced Credit amount (net invoicing). All other Mentors without Hungarian tax residency are obliged to include their local VAT (if applicable) within the Credit amount, i.e. Anyfeedback will not be able to provide any payments above the Credit amount for VAT (gross invoicing).
8.10. After the Mentor uploads the invoice, Anyfeedback will verify the invoice's compliance within 30 days. Should the uploaded invoice by any means not comply with the provisions of this GTC or the instructions provided by the Proof of Completion, Anyfeedback will reject the invoice of the Mentor. In such cases, Anyfeedback is not obliged to make any payments to the Mentor, unless Mentor makes sure that the non-compliant invoice got invalidated according to the Mentor’s own tax legislation and the Mentor provides Anyfeedback with an invoice in line with these provisions.
8.11. If the invoice uploaded by the Mentor is approved by Anyfeedback, all Credits recorded in the Mentor's account will be paid within a maximum of 30 days in United States Dollars to the Mentor's bank account either provided by the Mentor during the Mentor registration or to the default bank account of the Mentor set out by the Stripe account which was provided according to Article 3.2.4. By the payment to the Mentor, Anyfeedback will delete the Mentor’s full Credit balance immediately.
8.12. Should the Mentor fail to upload an invoice to the Platform or should Anyfeedback come to the conclusion that the uploaded invoice is non-compliant, Anyfeedback may suspend the Mentor Account and Mentor may not be eligible to provide Quotes; or Anyfeedback may deactivate the Mentor Account.
8.13. After 31 December of each year, all Mentors with a positive Credit amount are obliged to withdraw their Credit from the Platform irrespective of the Minimum Amount. Should any of the Mentors fail to upload a fully compliant invoice on the Platform until 15 February, Anyfeedback will automatically delete all the remaining, not invoiced Credit amount of the respective Mentor as of 16 February.
9. CONTACTING AND COMPLAINT HANDLING
9.1. Anyfeedback’s customer service can be reached by email at support@anyfeedback.co, by post at Door 210, II. Floor, 10/A, Szent István út, HU-9021, Gyor, Hungary.
9.2. In the event of any Mentor complaint related to operation to the Platform, the Parties are obliged to conduct negotiations to reach an agreement and prevent legal disputes.
10. DURATION OF CONTRACTS, RIGHT OF WITHDRAWAL AND TERMINATION
10.1. The Mentor Contract between Anyfeedback and the Mentor under these GTC is concluded for an indefinite period and terminates automatically, whereby the Mentor Account are deleted.
10.2. Both Anyfeedback and the Mentor shall be entitled to terminate the Mentor Contract with immediate effect and without giving reasons. The Mentor may terminate the Mentor Contract by deleting their Mentor Account. Anyfeedback excludes any financial liability in connection with the termination.
11. INTELLECTUAL PROPERTY
11.1. Intellectual Property of Anyfeedback
11.1.1. The Platform, all software enabling or made available by Anyfeedback for the use of the Platform (“Anyfeedback Software”) and all design or other content of the Platform are protected by copyright and other Intellectual Property Rights and the Applicable Law. Anyfeedback are the owner of all Intellectual Property Rights connected to the operation of the Platform and its features, functionalities, data, reports and any other content or material generated or provided by the Platform, Anyfeedback Software and the design elements of the Platform, and you acknowledge and agree that such Intellectual Property Rights shall remain vested in Anyfeedback.
11.1.2. Mentor shall not in any way infringe the Intellectual Property Rights of Anyfeedback. Mentor shall promptly notify us of any infringement or suspected or threatened infringement of the Platform that may at any time come to your notice, giving reasonable particulars. Mentor shall refrain from any conduct or action which may endanger the operation or security of the Platform, or which may otherwise be harmful to the Platform or the rights and interests of Anyfeedback or other Mentors or Clients. Mentor shall refrain from using the Platform for any unlawful activity. If you are in breach of this Article, we will have the right to immediately suspend your access to the Platform or immediately terminate your Account.
11.1.3. Mentor shall not, whether in whole or in part, use, copy, edit, translate, adapt, merge, disassemble, decompile, or reverse engineer, prepare derivative works of, present, publish, distribute, license, sell or otherwise exploit the Platform, t Anyfeedback Software and/or any design elements of the content prepared via the Platform. Mentor shall not enclose any trademark, logo (including images, text or form) of Anyfeedback. Mentor shall not use any metatags or other “hidden text” using Anyfeedback’s name or trademarks. Mentor shall not use any software, devices or processes (including but not limited to avatars, data mining or web scraping tools, or the like) to extract or download data from the Platform (except that we grant the operators of public search engines revocable permission to copy materials from the website of the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials). Mentor shall not access the Platform to build any other website, application, or service. Any future release, update, or other addition to the Platform, Anyfeedback Software and design elements of the content that can be prepared via the Platform will be subject to these GTC. Anyfeedback and its suppliers, and service providers reserve all rights not granted in these GTC. In the case of any unauthorised use of the Platform, Anyfeedback Software and/or design elements available on the Platform, Anyfeedback is entitled to suspend your Mentor Account without notice and/or terminate your Mentor Account.
11.1.4. Subject to your compliance with the GTC, Anyfeedback grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access the Platform and use the content available on the Platform for your own purposes, in accordance with these GTC and the Applicable Law.
11.1.5. Your legal rights that cannot be excluded under the Applicable Law shall remain unaffected by these GTC.
11.1.6. The provisions of this Article, protecting the Intellectual Property Rights of Anyfeedback, will remain in force even after the termination of any Contracts.
11.2. Intellectual Property of the Client
11.2.1. Subject to the provisions of the Client GTC, the Client may upload content as a Project to the Platform to create a Job and make it available to You and other Mentors on the Platform. All content uploaded by the Client is considered the Intellectual property of the Client and is protected accordingly. Anyfeedback is not responsible for any data and content that it creates, uploads, transmits by Clients or otherwise makes available to Mentors. We do not undertake checks on the content prepared by the Client through the Platform to determine its quality, suitability, accuracy, timeliness, or completeness.
11.2.2. By making available on the Platform the Client grants you a limited, non-exclusive, royalty-free, worldwide, revocable, not sublicensable and not transferable licence to use such content exclusively on the Platform and exclusively for the purposes defined in these GTC.
11.3. Intellectual Property of the Mentor
11.3.1. Subject to the provisions of these GTC, the Mentor may upload content as a Feedback to the Platform to complete a Job and make it available to a Client. As a general rule, Mentor Feedback are not subject to any Intellectual Property rights. If any content uploaded by the Mentor is considered as Intellectual Property, such Intellectual Property should remain the exclusive property of the Mentor and is protected accordingly. The Mentor, by providing the Feedback to the Client grants the Client an irrevocable, not exclusive, unlimited usage right of the Feedback without any geographical limitation, but only for the purpose of the Client’s Project. Anyfeedback is not responsible for any data and content that it creates, uploads, transmits by Mentors or otherwise makes available to Clients as a Feedback.
11.3.2. Clients may provide the Mentor with Projects including such materials which are covered by Intellectual Property rights of the respective Client. Such Intellectual Property rights of the Clients remain the property of the Clients and Mentor is only granted with a limited usage right for the purpose of providing the Services to the Client. Mentor must be aware that based on their Feedback, Clients may develop their materials covered by Intellectual Property rights based on Mentor’s Feedback. In case of any such development or improvement of materials, all such developments are made exclusively by the Client and Mentor is not in any way gets any Intellectual Property rights over such developments.
11.3.3. Mentor shall not make available any content prepared through the Platform that violates or circumvents any right of Anyfeedback or any third party (including any other user) or otherwise is objectionable. Mentor shall bear all legal consequences and liabilities arising in relation to such content. If you are in breach of this Article 11, Anyfeedback will have the right to immediately suspend your access to Platform or immediately terminate your Mentor Account.
11.3.4. We do not undertake checks on the content prepared by you through the Platform to determine its quality, suitability, accuracy, timeliness, or completeness.
12. LIABILITY
12.1. We disclaim our liability and our liability whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise) shall be excluded in connection with the performance or contemplated performance of any Contracts under this GTC.
12.2. Anyfeedback shall exclude liability for any damage caused by the Client to the Mentor. The Mentor is solely responsible for all damage that occurs to the Client as a result of the Mentor's actions or inactions. Mentor shall be aware that Anyfeedback is in no way obliged to control the correctness of the Feedback the Mentor is providing to the Client, thus Anyfeedback is not liable for any actions or inactions of the Mentor towards the Client.
12.3. Anyfeedback shall exclude liability for any failure for any reason which temporarily, permanently, or finally obstructs or derails the achievement of Platform’s objective. Anyfeedback is entitled to temporarily suspend the continuous availability of Platform for updates or in the event of a server failure, without compensation.
12.4. Anyfeedback also disclaims any liability for any external attacks on the Platform or the server that operates it, and for any malfunctions resulting from such attacks, as well as for any other malfunction of the Platform due to causes beyond its control, during which time it is not or only partially usable. In such cases, Anyfeedback will endeavour to take all necessary measures to identify and rectify the cause of the error as soon as possible.
12.5. Anyfeedback excludes any liability for any damage resulting out of faults or malfunctions.
12.6. Anyfeedback reserves the right to limit, suspend or terminate the availability of the Platform.
12.7. Any claims of the Mentor under these GTC shall expire after one year. The starting date of the limitation period is the earlier of the date of the occurrence of the damage or the date of the breach of this GTC.
13. DISCLAIMER OF WARRANTIES AND CONDITIONS
13.1. Mentor expressly understand and agree that to the extent permitted by Applicable Law, your use of the Platform is at your sole risk, and the platform is provided on an “as is” and “as available” basis, with all defects. We expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including the implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, timeliness, availability, security and non-infringement.
13.2. Anyfeedback makes no warranty, representation or condition that:
13.2.1. the Platform will meet your requirements;
13.2.2. your use of the Platform will be uninterrupted, timely, secure or error-free, virus-free or free from any harmful components or defects;
13.2.3. the results that may be obtained from use of the Platform; or
13.2.4. any errors in the Platform will be corrected.
13.3. Any content accessed through the Platform is accessed at your own risk, and you shall be solely responsible for any damage to your property, including, but not limited to, your computer system and any device you use to access the platform, or any other loss that results from accessing such content.
13.4. The Platform’s functions may be subject to delays, cancellations and other disruptions. We make no warranty, representation or condition with respect to functions, including but not limited to, the quality, effectiveness, reputation and other characteristics of services.
13.5. No advice or information, whether oral or written, obtained from Anyfeedback or through the Platform will create any warranty not expressly made herein.
14. INDEMNITIES
14.1. You shall indemnify, hold harmless and defend Anyfeedback from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable legal fees) resulting from any claim, action, demand, fine or proceeding brought by a third party against Anyfeedback arising from any of the following:
14.1.1. a breach by you of the GTC;
14.1.2. any content prepared by you via the Platform that you made available to Clients or third persons, including such content infringing the Intellectual Property Rights of Clients or the third parties;
14.1.3. a failure by You to comply with the Applicable Law.
14.2. If a Client assert a claim for damages against Anyfeedback in civil proceedings in connection with Job carried out by the Mentor, the Mentor is obliged, at the request of Anyfeedback, to intervene in the legal dispute in accordance with the applicable procedural rules to promote the success of Anyfeedback. If the procedural rules do not allow the intervention of the Mentor, the Mentor is obliged to provide Anyfeedback with all necessary information and make statements at its own expense to ensure that the legal dispute is resolved in favour of Anyfeedback.
14.3. If any authority initiates proceedings against Anyfeedback in connection with a Job carried out by the Mentor, the Mentor shall provide Anyfeedback with all necessary assistance throughout the proceedings, including in particular the provision of relevant information and documents.
15. SETTLEMENT OF DISPUTES
15.1. If you have any queries or complaints about the Platform or in relation to the Services, please contact us using the contact information as detailed in Article 1.6. We will use reasonable efforts to respond to you promptly.
15.2. In the event of any dispute arising from or in connection with the Platform or the Services between Anyfeedback and you, the Parties shall first attempt to resolve the dispute through friendly consultations in good faith. In the event that no resolution satisfactory to both Parties is reached within thirty (30) days after commencement of such consultation, the dispute will be settled before Hungarian courts competent pursuant to the general rules of Act CXXX of 2016 on Civil Procedure.
16. GOVERNING LAW
16.1. Hungarian law shall be applicable to the settlement of any disputes between the Parties. The Parties stipulate the exclusive competence of Hungarian courts. Based on the competence of the court the 2nd and 3rd District Court of Budapest or the Regional Court specified as generally competent court in the Code of Civil Procedure should settle any disputes between the Parties.
17. MISCELLANEOUS PROVISIONS
17.1. These GTC entered into force on 6 March 2025. Anyfeedback reserves the right to unilaterally amend these GTC. Anyfeedback will publish the amended GTC on the website (https://anyfeedback.co) and will also inform Clients of any changes to the GTC by sending a message to the e-mail address they provided during registration.
17.2. The relevant provisions of Hungarian law shall expressly govern these GTC.
Last modified on 6 March 2025