In order to use the Feedback service (the "The Service" or "Feedback"), access the information contained on the Feedback website (the "Website"), use the smart phone application (the “App”) or make use of the services provided by Feedback (the "Service" or "Services"), you (hereinafter referred to as "You" or "Customer") must first read this agreement (the "Agreement") and accept it. You may not avail Yourself of the Service, Website, App or Services if You do not accept this Agreement and the terms therein. You accept the terms of the Agreement by signing up for the Service or using the Service as a client, by agreeing to the terms of the Agreement in the user interface for any Feedback Service, or by using the Feedback phone numbers or Services. You understand and agree that we will treat Your use of the Services as acceptance of the terms. BY USING FEEDBACK, THE GIVE FEEDBACK APP AND THE FEEDBACK WEBSITE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE PLEASE DO NOT USE THE APP, WEBSITE AND/OR SERVICES.
If You are accepting on behalf of Your employer or another entity, You represent and warrant that: (i) You have full legal authority to bind your employer, or the applicable entity, to these terms of service; (ii) You have read and understand this Agreement; and (iii) You agree, on behalf of the party that You represent, to this Agreement. If You don’t have the legal authority to bind Your employer or the applicable entity, please do not create an account.
We reserve the right to change these Terms of Service from time to time without notice by posting them to Feedback’s website found at www.feedbackapp.com. When we do, we will also revise the "last update" date of these Terms of Service. Your continued use of the Service after such posting will constitute acceptance by You of such amendments.
1. Grant of Rights to Use Services
1.1 Subject to Your acceptance of and compliance with this Agreement and with the payment requirements for the Services, Feedback hereby grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license during the Term of this Agreement in and under our intellectual property rights, to access and use the Services, solely in accordance with the terms and conditions of this Agreement. Unless explicitly stated otherwise, any new features provided by Feedback that augment or enhance the current Services shall also constitute “Services” and shall be subject to these terms and conditions. You may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever. You may not allow any unauthorized third party to access the Services for any purpose whatsoever. All rights not expressly granted under this Agreement are retained by Feedback.
2. Representations and Warranties; Disclaimers; Limitations of Liability
2.1 You represent and warrant that You will not use the Feedback Website, App, Services, Feedback Properties, Feedback Marks, or Your message Content in a manner that violates the Acceptable Use Policy (AUP) listed below. To this effect, we ask that You take reasonable precautions to promote best practices. Although Feedback does not assume the duty or obligation to monitor any materials created, posted or sent by You or any third parties, Feedback reserves the right, in its sole and absolute discretion, to monitor any and all materials posted or sent by You or any third parties at any time without prior notice to ensure that they conform to any usage guidelines or policies relating to our Website or Services.
This Acceptable Use Policy (“AUP”) describes actions that Feedback prohibits when any party uses Feeback’s Services as listed below:
Using the Services to participate or encourage any illegal, abusive, or other activities that interfere with the business or activities of Feedback, its Customers, or End Users.
Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk to Feedback or any of its users.
Reverse-engineering the Services in order to find limitations, vulnerabilities, or evade filtering capabilities.
Using the Services in any manner that may subject Feedback or any third party to liability, damages, or danger.
Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Services or any other conduct that adversely impacts the availability, reliability, or stability of the Services.
Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.
Using the Services in any manner that violates: industry standards; any third party policies including all of the applicable guidelines published by the CTIA, the Mobile Marketing Association, or any other accepted industry associations, carrier guidelines (or any similar or analogous industry standards, third party policies or requirements in any other jurisdiction) or requirements that Feedback may communicate to its Customers including any usage requirements.
Engaging in any unsolicited advertising, marketing or other activities, including any activities that violate anti-spam laws and regulations including the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction).
Using the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including unsolicited or unwanted phone calls, SMS or text messages, instant messages, emails, voice mail, or faxes.
Using the Services to harvest or otherwise collect information about others, including email addresses or phone numbers.
Using the Services to engage in or in connection with fraudulent activity.
Using the Services to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended, unless you have signed a Business Associate Agreement with Feedback or your use of the Services fits within the “conduit” or some other exception for requiring a Business Associate Agreement.
Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including laws and regulations regarding the transmission of data or software.
Taking any action to participate in, encourage, or promote any activity prohibited under this AUP or the Feedback Terms of Service.
Using the Services to transmit any material that infringes the intellectual property rights or other rights of third parties.
Using the Services to transmit any material that is libelous, defamatory, discriminatory, or otherwise malicious or harmful to any person or entity.
Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.
Using the Services, or any component of the Services, in any manner not authorized by Feedback.
Please note: This list of prohibited uses is provided by way of example and should not be considered exhaustive. All determinations related to violations of this Acceptable Use Policy will be made by Feedback in its sole discretion.
2.2 You also acknowledge and understand that we do NOT currently allow You to access any 911 or similar emergency services (no traditional 911, E911, or similar access to emergency services). The Services are not intended to replace any primary phone service, such as a traditional landline or mobile phone, that may be used to contact emergency services.
2.3 You represent and warrant: (i) that You are solely responsible for Your Content (defined as message content between yourself, agents, customers, and employees, including messaging in signage), including without limitation, the accuracy, appropriateness and completeness of Your Content and all product-related materials and descriptions; (ii) that You have the necessary rights and licenses, consents, permissions, waivers and releases to use and display Your Content; (iii) that Your Content (a) violates, misappropriates or infringes any rights of us or any third party, (b) constitutes defamation, invasion of privacy or publicity, or otherwise violates any rights of any third party, or (c) is designed for use in any illegal activity or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, sexual identity, or age; (iv) that Your Content contains any harmful components; and (v) to the extent to which You use any of the Feedback Marks, that You will conduct Your business in a professional manner and in a way that reflects favorably on the goodwill and reputation of Feedback. You also represent and warrant that You are responsible for any charges incurred by virtue of Your use of the Service.
2.4 FEEDBACK PROPERTIES, THE FEEDBACK MARKS, THE SERVICES AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS AND OTHER DATA OR INFORMATION PROVIDED BY US OR OUR LICENSORS IN CONNECTION THEREWITH (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS." WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE FEEDBACK PROPERTIES, THE FEEDBACK MARKS, THE SERVICES OR THE PROMOTIONAL CREDITS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES OR WEBSITE WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE DATA YOU STORE WITHIN THE SERVICES WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. WE AND OUR LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
2.5 NEITHER WE NOR ANY OF OUR LICENSORS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE FEEDBACK PROPERTIES, THE FEEDBACK MARKS, THE SERVICES OR PROMOTIONAL CREDITS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT. IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO US HEREUNDER FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
2.6 THE SERVICES DO NOT AND ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. "EMERGENCY SERVICES SHALL MEAN SERVICES THAT ALLOW A USER TO CONNECT WITH EMERGENCY SERVICES PERSONNEL OR PUBLIC SAFETY ANSWERING POINTS SUCH AS 911 OR E911 SERVICES." NEITHER FEEDBACK NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE FEEDBACK OR ITS SERVICES TO CONTACT ANY EMERGENCY SERVICES, OR YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES.
3. Payment and Cancellation
3.1 Currently Feedback is offering this service free of charge, In the future these terms will apply when payment is made. Customer shall be responsible for all charges up to the amount of each invoice, and shall pay all charges in U.S. Dollars or in such other currency as agreed to in writing by the parties. Unless agreed to by the parties in writing, Customer shall pay all charges in accordance with the payment terms in the applicable invoice. Customer acknowledges and agrees that any credit card and related billing and payment information that Customer provides to Feedback may be shared by Feedback with companies who work on Feedback's behalf, such as payment processors, effecting payment to Feedback and servicing Customer's account. Feedback may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Feedback shall not be liable for any use or disclosure of such information by such third parties.
3.2 If Customer no longer desires to use the service, Customer must cancel the account by logging in to the Feedback website and following the cancellation procedure.
If Customer's account is not used for an extended period of time, that does not entitle the Customer to any refund of unused time.
4. Non-payment, suspension, and closing of account
4.1 In the event that payment fails on your account's billing card, we will retry three times. We will retry the first time three days later, and if that fails, we will attempt again five days after that. If that attempt fails, we will attempt again seven days later. If that final payment attempt fails, we will suspend your account. After each failure we will notify the account billing administrator(s) by email.
4.2 We will attempt to notify the account administrator(s) by email before the account is suspended. Once suspended, customer’s Feedback nor any communications with customers will not be available. Before closing your account, we will attempt to contact Customer account administrator(s) by email. Should the account administrator(s) no longer be employed by the company that owns the account or pays on the account, we will make reasonable attempts to contact the business owner or manager in order to reinstate the account. If we fail to reach the administrator(s) or new management, we may close the account any time after the account has been suspended. If a business wishes to reinstate their account, all past monthly charges will be due prior to the account being reinstated.
5.1 Feedback will cooperate with law enforcement in the event that the Customer, agent or employee of the Customer, or a user of the Customer is suspected of harassment, threat, fraud, illegal activity, or other harmful behavior in their use of the Service. This may result in the disclosure to law enforcement officials the complete content of the sender's messages, location, chats, Feedbacks, email, phone number, name, the logged times, even up to and including the entire message log for a given Customer whose account was involved in the correspondence.
5.2 Feedback will cooperate with business owners in the event that the client (business client of Feedback), agent or employee of the client, or a user of the client is suspected of harassment, threat, fraud, illegal activity, or other harmful behavior in their use of the service. This may result in the disclosure to the client's management the complete content of the sender's messages, the sender's name, phone number, email, location and the logged times involved in the correspondence.
6.1 To the fullest extent permitted by law, FEEDBACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. To the fullest extent permitted by law, Feedback disclaims all guarantees regarding quantity, quality, or timing of: (i) public customer messages; (ii) Customer responses; (iii) availability and delivery of any messages; EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND CUSTOMER'S BREACHES OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO CUSTOMER'S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO FEEDBACK BY CUSTOMER FOR THE MESSAGE GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including without limitation to acts of God, government, terrorism, natural disaster, labor conditions and power failures.