Terms of Service

1. General Information

Service Provider: myhotelrebel UG (haftungsbeschraenkt)
Registered Office: Gartenstraße 12a, 80809 Munich, Germany
Commercial Register: HRB 288537
Managing Director: Johannes Fuchs
Effective Date: 17. August 2025

2. Service Description

Cheerletter provides a cloud-based team communication and engagement platform ("Service") that enables organizations to:

• Create and manage team posts with images and rich content
• Organize teams into departments and manage user roles
• Send automated weekly team newsletters ("Cheerletters")
• Enable team member interaction through comments and reactions
• Provide administrative tools for team management and analytics
• Ensure secure data handling and compliance monitoring

3. Subscription Plans and Pricing

Free Plan: Up to 5 team members, basic features, limited support
Starter Plan: €9.99 per user per month, up to 50 team members, standard features
Business Plan: €19.99 per user per month, up to 200 team members, advanced features
Enterprise Plan: €39.99 per user per month, unlimited team members, premium features

All prices are exclusive of applicable VAT. Billing occurs monthly or annually as selected.

4. Account Registration and User Obligations

4.1. Users must provide accurate and complete registration information.
4.2. Users are responsible for maintaining the confidentiality of their account credentials.
4.3. Users must immediately notify us of any unauthorized use of their account.
4.4. Each user account is personal and may not be shared with third parties.
4.5. Organizations are responsible for managing their team members and ensuring compliance with these terms.

5. Payment Terms and Billing

5.1. Subscription fees are billed in advance on a monthly or annual basis.
5.2. Payment is due immediately upon invoice generation.
5.3. Late payments may result in service suspension after 7 days notice.
5.4. Price changes will be communicated 30 days in advance.
5.5. Failed payments will result in automatic retry attempts over 7 days.

6. Right of Withdrawal (Widerrufsrecht)

6.1. Consumers have the right to withdraw from this contract within 14 days without giving reasons.
6.2. The withdrawal period expires 14 days from the date of contract conclusion.
6.3. To exercise the right of withdrawal, you must inform us of your decision by email to support@cheerletter.com.
6.4. If you withdraw, we will reimburse all payments received from you without undue delay and in any event not later than 14 days.
6.5. The right of withdrawal expires if service provision has begun with your express consent and acknowledgment that you lose your right of withdrawal.

7. Content and User-Generated Data

7.1. Users retain ownership of content they upload to the Service.
7.2. Users grant us a limited license to store, process, and display content for service provision.
7.3. Users are responsible for ensuring they have rights to all uploaded content.
7.4. Prohibited content includes illegal material, harassment, spam, or content violating third-party rights.
7.5. We reserve the right to remove content that violates these terms.
7.6. Users can export their data at any time through the provided export functionality.

8. Service Availability and Maintenance

8.1. We strive for 99.9% uptime but do not guarantee uninterrupted service availability.
8.2. Scheduled maintenance will be announced 24 hours in advance when possible.
8.3. Emergency maintenance may be performed without prior notice.
8.4. Service interruptions for maintenance, updates, or force majeure events are not considered breaches.

9. Data Protection and Privacy

9.1. Data processing is governed by our Privacy Policy and GDPR requirements.
9.2. We process personal data only as necessary for service provision.
9.3. Users have rights to access, rectify, delete, and port their personal data.
9.4. Data is stored on secure servers within the European Union.
9.5. We implement appropriate technical and organizational measures to protect personal data.

10. Security and Compliance

10.1 Security Measures
• End-to-end encryption for data transmission
• Regular security audits and penetration testing
• Multi-factor authentication support
• Role-based access controls
• Automated security monitoring and threat detection
• Regular security updates and patches

10.2 Compliance Standards
• GDPR (General Data Protection Regulation) compliance
• ISO 27001 information security standards
• SOC 2 Type II compliance
• Regular compliance audits and certifications

10.3 Data Security
• Data encryption at rest using AES-256
• Secure data backup and disaster recovery procedures
• Data retention policies in accordance with legal requirements
• Audit logging of all administrative actions
• Secure data deletion upon account termination

10.4 Security Incident Response
• 24/7 security monitoring and incident response
• Notification of security breaches within 72 hours as required by GDPR
• Forensic analysis and remediation procedures
• Regular security awareness training for staff

10.5 User Security Responsibilities
• Using strong passwords and enabling two-factor authentication
• Keeping account credentials confidential
• Reporting suspicious activities immediately
• Regular review of user access and permissions

11. Intellectual Property

11.1. The Service, including software, design, and documentation, is our intellectual property.
11.2. Users receive a limited, non-exclusive license to use the Service.
11.3. Reverse engineering, modification, or redistribution of the Service is prohibited.
11.4. Our trademarks and logos may not be used without written permission.

12. Limitation of Liability

12.1. Our liability is limited to the extent permitted by German law.
12.2. We are liable without limitation for damages caused by willful misconduct or gross negligence.
12.3. For ordinary negligence, liability is limited to foreseeable damages typical for this type of contract.
12.4. Liability for consequential damages, lost profits, or data loss is excluded unless caused by willful misconduct.
12.5. The maximum liability amount is limited to the annual subscription fee paid by the customer.

13. Termination

13.1. Either party may terminate the subscription with 30 days notice to the end of the billing period.
13.2. We may terminate immediately for material breach of these terms.
13.3. Upon termination, users have 30 days to export their data before deletion.
13.4. Prepaid fees for unused periods will be refunded pro-rata.
13.5. Termination does not affect obligations that by their nature should survive termination.

14. Force Majeure

Neither party shall be liable for any failure to perform due to circumstances beyond their reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or technical failures of third-party services.

15. Governing Law and Jurisdiction

15.1. These terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods.
15.2. For disputes with merchants, the exclusive jurisdiction is the court at our registered office.
15.3. For consumer disputes, the consumer's place of residence or our registered office has jurisdiction.
15.4. EU consumers may use the EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/

16. Amendments

16.1. We may amend these terms with 30 days advance notice.
16.2. Amendments will be communicated via email and posted on our website.
16.3. Continued use of the Service after the effective date constitutes acceptance.
16.4. Users may terminate their subscription if they do not agree to amendments.

17. Severability

If any provision of these terms is found to be unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely achieves the intended purpose.

18. Contact Information

For questions about these Terms and Conditions, please contact by the contact form on the homepage.

myhotelrebel UG (haftungsbeschraenkt)
Gartenstraße 12a, 80809 Munich, Germany

Privacy Policy of the Service

Introduction

Cheerletter (“we,” “us,” or “our”) is committed to protecting your privacy and ensuring the security of your personal data. This Privacy Policy explains how we collect, use, process, and protect your personal information when you use our team communication and employee engagement platform.

This Privacy Policy complies with the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and other applicable German and European Union privacy laws.

3. Services We Provide

Cheerletter is a Software-as-a-Service (SaaS) platform that provides:

Team communication and collaboration tools

Employee recognition and engagement features (“Cheers”)

Automated weekly/monthly team newsletters (“Cheerletters”)

Department and organization management

Content sharing and commenting systems

Analytics and reporting for team engagement

4. Legal Basis for Processing

We process your personal data based on the following legal grounds under Article 6(1) GDPR:

Contract Performance (Art. 6(1)(b)): To provide our services and fulfill our contractual obligations

Legitimate Interest (Art. 6(1)(f)): For service improvement, security, and business operations

Consent (Art. 6(1)(a)): For marketing communications and optional features

Legal Obligation (Art. 6(1)(c)): To comply with legal requirements and tax obligations

5. Personal Data We Collect

5.1 Account and Profile Information

Account Data: Email address, password (encrypted), account preferences

Profile Information: First name, last name, display name, job title, date of birth (optional)

Organization Data: Organization name, department assignment, role within organization

Contact Information: Billing email addresses for organization administrators

5.2 Content and Communication Data

Posts and Comments: Content you create, share, or comment on within the platform

Images and Files: Photos and documents you upload to posts or your profile

Engagement Data: Likes (“Cheers”), comments, and interaction history

Cheerletter Data: Content included in automated newsletters sent to your organization

5.3 Usage and Technical Data

Log Data: IP addresses, browser type, device information, access times

Usage Analytics: Feature usage, click patterns, session duration

Security Data: Login attempts, two-factor authentication settings, security events

Performance Data: Page load times, error reports, system performance metrics

5.4 Billing and Subscription Data

Payment Information: Processed by Stripe (see Section 8 – Third-Party Services)

Billing History: Subscription plans, payment dates, invoice data

Organization Limits: Member counts, feature usage within subscription tiers

5.5 Notification and Communication Preferences

Email Preferences: Notification settings for posts, mentions, and system updates

Communication History: Records of emails sent through our system

6. How We Use Your Personal Data

6.1 Service Provision

Creating and managing your user account

Enabling team communication and collaboration features

Processing and displaying posts, comments, and engagement activities

Generating and sending automated Cheerletters to your organization

Managing department structures and team assignments

Providing customer support and technical assistance

6.2 Security and Compliance

Authenticating users and preventing unauthorized access

Monitoring for security threats and fraudulent activity

Maintaining audit logs for compliance and security purposes

Implementing two-factor authentication and security policies

Conducting security assessments and incident response

6.3 Service Improvement and Analytics

Analyzing usage patterns to improve platform functionality

Developing new features and enhancing existing ones

Conducting performance monitoring and optimization

Generating anonymized usage statistics and reports

6.4 Communication and Notifications

Sending transactional emails related to your account and usage

Delivering system notifications and security alerts

Providing updates about service changes and new features

Processing your communication preferences and unsubscribe requests

6.5 Legal and Business Operations

Complying with legal obligations and regulatory requirements

Enforcing our Terms of Service and platform policies

Processing billing and subscription management

Conducting business planning and operational analysis

7. Data Sharing and Disclosure

7.1 Within Your Organization

Profile information is visible to other members of your organization

Posts, comments, and engagement activities are shared within your organization

Organization administrators can access member management and analytics data

Cheerletter content is shared with all organization members via email

7.2 Service Providers and Processors

We share personal data with trusted third-party service providers who assist us in operating our platform:

Supabase: Database hosting and authentication services

Stripe: Payment processing and subscription management

Email Service Providers: For sending notifications and Cheerletters

Cloud Storage Providers: For secure file and image storage

Analytics Services: For platform performance and usage analysis

All service providers are bound by data processing agreements and must comply with GDPR requirements.

7.3 Legal Requirements

We may disclose personal data when required by law or to:

Comply with legal processes, court orders, or regulatory requirements

Protect our rights, property, or safety, or that of our users

Investigate fraud, security breaches, or violations of our Terms of Service

Cooperate with law enforcement or regulatory authorities

7.4 Business Transfers

In the event of a merger, acquisition, or sale of our business, personal data may be transferred as part of the transaction, subject to appropriate safeguards and notice requirements.

8. Third-Party Services

8.1 Stripe Payment Processing

We use Stripe for payment processing. Stripe processes your payment information according to their privacy policy. We do not store complete credit card information on our servers.

8.2 Supabase Infrastructure

Our platform is built on Supabase, which provides database and authentication services. Supabase acts as a data processor under our instructions and is GDPR compliant.

8.3 Third-Party Integrations

If you choose to integrate third-party services with your Cheerletter account, additional privacy terms may apply. We recommend reviewing the privacy policies of any connected services.

9. International Data Transfers

Our primary data processing occurs within the European Union. When data is transferred outside the EU/EEA, we ensure appropriate safeguards are in place:

Adequacy Decisions: Transfers to countries with adequacy decisions from the European Commission

Standard Contractual Clauses: Binding agreements with service providers for data protection

Certification Schemes: Partners certified under recognized privacy frameworks

10. Data Retention

We retain personal data for as long as necessary to provide our services and comply with legal obligations:

10.1 Active Accounts

Account Data: Retained while your account is active and for 30 days after deletion

Content Data: Posts and comments retained according to your organization’s retention policies

Usage Data: Aggregated analytics data retained for up to 2 years

10.2 Billing and Legal Data

Billing Records: Retained for 10 years to comply with German tax and accounting requirements

Audit Logs: Security and compliance logs retained for 7 years

Legal Hold: Data may be retained longer if required for legal proceedings

10.3 Inactive Accounts

Accounts inactive for more than 2 years may be automatically deleted after appropriate notice.

11. Your Rights Under GDPR

You have the following rights regarding your personal data:

11.1 Right of Access (Art. 15 GDPR)

Request information about personal data we process about you, including a copy of the data.

11.2 Right to Rectification (Art. 16 GDPR)

Request correction of inaccurate or incomplete personal data.

11.3 Right to Erasure (Art. 17 GDPR)

Request deletion of your personal data in certain circumstances.

11.4 Right to Restrict Processing (Art. 18 GDPR)

Request limitation of processing in specific situations.

11.5 Right to Data Portability (Art. 20 GDPR)

Request a copy of your data in a structured, commonly used format.

11.6 Right to Object (Art. 21 GDPR)

Object to processing based on legitimate interests or for direct marketing.

11.7 Right to Withdraw Consent

Withdraw consent for processing based on consent at any time.

11.8 Exercising Your Rights

To exercise these rights, contact us at privacy@cheerletter.com. We will respond within 30 days of receiving your request.

12. Data Subject Rights for German Residents

Under German data protection law, you have additional rights:

Right to Information: Receive information about data processing in German upon request

Right to Compensation: Seek compensation for damages caused by GDPR violations

Right to Lodge Complaints: File complaints with German data protection authorities

German Data Protection Authority: Bundesbeauftragte für den Datenschutz und die Informationsfreiheit (BfDI) Graurheindorfer Str. 153, 53117 Bonn, Germany

13. Security Measures

13.1 Technical Safeguards

Encryption: Data encrypted in transit (TLS 1.3) and at rest (AES-256)

Access Controls: Role-based access with multi-factor authentication

Network Security: Firewalls, intrusion detection, and monitoring systems

Secure Development: Regular security testing and code reviews

13.2 Organizational Measures

Staff Training: Regular privacy and security training for all personnel

Access Management: Principle of least privilege for data access

Incident Response: Established procedures for security breach response

Vendor Management: Due diligence and contracts for all service providers

13.3 Data Protection by Design and Default

Privacy by Design: Privacy considerations integrated into system architecture

Data Minimization: Collection limited to necessary data for service provision

Purpose Limitation: Data used only for specified, legitimate purposes

Storage Limitation: Automatic deletion according to retention schedules

14. Cookies and Tracking Technologies

14.1 Essential Cookies

We use essential cookies necessary for platform functionality:

Authentication: Session management and login persistence

Preferences: User interface settings and preferences

Security: CSRF protection and security monitoring

14.2 Analytics Cookies

With your consent, we use analytics cookies to:

Understand platform usage patterns

Improve user experience and performance

Generate anonymized usage statistics

14.3 Cookie Management

You can manage cookie preferences through your browser settings. Disabling essential cookies may affect platform functionality.

15. Age Restrictions

Our service is not intended for individuals under 16 years of age. We do not knowingly collect personal data from children under 16. If we become aware of such collection, we will delete the data promptly.

16. Data Protection Impact Assessments

We conduct Data Protection Impact Assessments (DPIAs) for high-risk processing activities, including:

Implementation of new features affecting privacy

Changes to data sharing practices

Introduction of new technologies or analytics

17. Changes to This Privacy Policy

We may update this Privacy Policy to reflect changes in our practices or legal requirements. Significant changes will be communicated via:

Email notification to registered users

Prominent notice on our platform

Updated effective date on this policy

Continued use of our services after changes constitutes acceptance of the updated policy.

18. Automated Decision-Making and Profiling

We do not engage in automated decision-making or profiling that produces legal or similarly significant effects. Any automated processing is limited to:

System analytics for performance optimization

Content filtering for security purposes

Usage-based feature recommendations

20. Governing Law and Jurisdiction

This Privacy Policy is governed by German law and the laws of the European Union. Any disputes will be subject to the jurisdiction of German courts.

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