Feedbackly is a customer experience measurement software and analytics platform and its associated website is provided by Tapin Solutions Limited Company (hereafter “us” or “we”) at http://www.feedbackly.com (together, “Feedbackly”).
These Terms apply to your use of Feedbackly and any sort of free trial of Feedbackly. By accessing and
registering with Feedbackly, the person or organisation entering into these Terms as a user of Feedbackly,
together with all individual users accessing Feedbackly on that person’s behalf (together, “you”) accept
and agree to be bound by these Terms. If you do not accept these Terms, you should contact Feedbackly
staff without delays. By using Feedbackly and registering you accept these terms.
We have tried to draft these Terms of Service in a clear and simple manner. Unfortunately, the realities of the legal world make it a very difficult task. So, should you have any questions or concerns or would simply like to better understand how we do things at Feedbackly, please do not hesitate to contact us at firstname.lastname@example.org
We have the right to change these terms and conditions
We can amend these Terms at any time. Amendments will be effective immediately when posted on Feedbackly and customer is informed by Feedbackly. Customer is informed when the information is posted to Feedbackly information feed. You are responsible for ensuring you are familiar with the latest Terms. By continuing to use Feedbackly, you agree to be bound by the Terms as amended (whether or not you have received any amendments). You can always find the current version of the Terms here
How should be the Feedbackly application used
You agree to only use Feedbackly in a way that complies with all applicable laws and regulations, that does not infringe our rights or other users’ rights, and that does not inhibit or restrict other users’ enjoyment of Feedbackly.
Without limiting clause 3.1, in particular, you agree not to: (a) damage or harm Feedbackly, or any underlying or connected network or system; (a) use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access Feedbackly or content featured on it for any purpose; introduce any viruses, content or code that is technologically harmful; or do anything that could disable, overburden, or impair the proper working of Feedbackly, such as a denial of service attack; (b) use Feedbackly to do anything unlawful, misleading, malicious, discriminatory or illegal; (c) modify or remove any Feedbackly logos without the acceptance of Feedbackly, links or other branding when using our services; or (d) facilitate or encourage any violations of these Terms; or attempt to do any of the above. If this term is violated you will be held responsible of all accusations there might be occurring because of the misuse of the Feedbackly software.
To use Feedbackly, you may have to provide us with your customers’ email addresses and phone numbers and you may have to provide us with your customers’ names and any other relevant business identifiers such as account numbers (“Customer Information”). You can provide Customer Information to us directly or by connecting us with your customer email database(s) via an app or API. You agree that we may automatically send survey request emails relating to your business to the email addresses provided to us. You agree that Feedbackly is responsible of the technical security of this information in Feedbackly software but you alone are responsible of the use of the this information and agree to use it according existing laws.
We will only use the Customer Information that you have provided to us for the purpose of obtaining your customer experience measurement and other customer feedback about you, or to provide any other service that you have requested or we have together agreed. For the avoidance of doubt, we will not sell or trade Customer Information provided by you to third parties. We have only rights to the information that is collected through our services. You are solely responsible for ensuring that your provision of Customer Information to us complies with all applicable privacy or data protection laws and agreements that you have entered into and that you are authorised to provide it to us.
You are responsible for all activity resulting from your use of Feedbackly. You indemnify us, and will keep us indemnified, against all forms of liability, action, proceeding, demand, cost, change and expense which we may incur or be subject to or suffer as a result of your use of Feedbackly.
Without limiting any other rights and remedies available to us, if we believe you have breached or are in breach of these Terms, we may: (a) limit your activities on Feedbackly; (b) issue a warning to you; (c) suspend or cancel your access to Feedbackly; (d) co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any content in breach of these Terms; and/or (e) disclose your identity and any other information we hold about you to any law enforcement authority if we believe this would assist to prevent the commission of any crime against a person or persons.
Fees of using Feedbackly and payment terms.
You may access and browse Feedbackly without creating an account. However, if you wish to use certain features, such as using all features after the free trial, then you must create an account.
The fees charged for having an account are as set out at http://www.feedbackly.com (“Hereafter Fees”). Fees are charged to your credit card in advance on a monthly basis or every six months and are non-refundable. Fees are subject to change at any time, however we will give you 30 days’ notice of Fee changes by posting changes on Feedbackly. We will not be liable to you or any third party for any changes to Fees. Fees are exclusive of all taxes and you indemnify and hold us harmless against any claims by any tax authority for any underpayment of any tax or levy, and any penalties and/or interest.
The payment information
To provide the payment services in Feedbackly we use Stripe-payment services. (www.stripe.com) Feedbackly does not hold, use or modify the payment, credit card, debit card or any other information associated with payment in Feedbackly application. All the data and usage is governed in Stripe service platform. Stripe might change the terms of their services as they have full rights to do that. You agree that Feedbackly is not held responsible of these changes and understand that the updated terms can be found at https://stripe.com/fi/terms.
You warrant that you have provided complete, accurate, rightful and current personal information such as your full legal name and email address when registering for an account (“Account Information”) and you agree to maintain and promptly update your Account Information to ensure it is kept current at all times.
We will take reasonable precautions and implement industry standard technical and organisational measures to keep your profile secure and protect it from unauthorised access, however you agree that we are entitled to rely on the authenticity and authority of your username, password and session-specific codes generated by your hardware device to process actions or requests you submit to Feedbackly and that we may do so without further enquiry.
You agree to keep your login details and password secure and agree not to share your password with anyone else. We will not be liable for any loss or damage if you fail to comply with this security obligation.
You acknowledge that the internet is inherently insecure. You accept the risk that any information stored or transmitted on the internet or through email may be intercepted or subject to unauthorised access or fraudulent behaviour. If you think someone is accessing your account without your consent or if you would like to report disclosure of your Account Information, please contact us at email@example.com immediately and without delay.
Downgrading your account
Feedbackly might have different account levels. You can downgrade your account at any time by following the steps on Feedbackly. The downgrade will become effective from your next billing date. No refunds will be paid in respect of any unused portion of any higher account offering. You will have the access to the features as long as you have already submitted a payment and keep using Feedbackly. You can change your subscription every 3 weeks.
Downgrading your account may cause the loss of content, features or capacity of your account. If you choose to downgrade your account, we do not accept any liability for the resulting loss of data, content, features or capacity.
Cancellation of the account
You can cancel your account at any time by following links on our website or by emailing us at firstname.lastname@example.org
If you cancel your account before the end of your current prepaid month, your cancellation will take effect immediately and you will not be charged again. You will not be entitled to a refund for any fees that you have already paid and cancellation is not effective unless and until no money is owing on your account.
We reserve the right to decline to register, suspend, or cancel your account and your use of Feedbackly if we consider (in our absolute discretion) that you have breached any of these Terms. If you have registered under multiple aliases, all of these aliases will be disabled. If we suspend or cancel your account, you must not create another one without our prior approval. No refund or other credit is payable to you on cancellation unless we agree otherwise.
All of your data and content may be deleted from our systems immediately upon cancellation of your account. This content cannot be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, the cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.
You agree that you cannot transfer, sell, lease, lend or trade your account without our prior written consent.
We own Feedbackly, you are responsible of using it according to the rule of law
We (and our licensors or suppliers, as the case may be) own all intellectual property rights existing in Feedbackly, including all of the content of Feedbackly (such as text, graphics, logos, icons and sound recordings and UI), all software code underlying and forming part of Feedbackly and any improvements, enhancements, modifications or adaptions to Feedbackly.
A customer who provides written customer feedback to you through Feedbackly will own that customer feedback. You may use Feedbackly to contact your customers to request permission to publish customer feedback or to respond to any customer feedback given.
We are allowed to use (on a non-exclusive, royalty free and irrevocable basis) all data generated by Feedbackly, including your Net Promoter Scores®, customer data, for our own purposes (eg benchmarking within industry sectors), but this information will not be used in such a way that will identify or be attributable to you or to any individual customer.
Unless you have received our prior written permission, you agree not to, and will not permit or encourage any third party to: (a) adapt, reproduce, modify, reverse-engineer, decompile, distribute, print, display, perform, publish or create adaptations from any part of Feedbackly; or (e) commercialise, copy or on-sell any information or materials obtained from any part of Feedbackly.
You may not publish or use the Feedbackly brand, branding or logos without our prior written permission.
We do not claim ownership of any intellectual property rights in relation to the information or content you upload to Feedbackly (such as your profile information or other content or data that you provide in connection with your use of Feedbackly), however you grant us a non-exclusive, royalty free licence to collect, retain, use, copy, distribute or disclose it for the purposes of operating Feedbackly correctly.
You agree to grant us with a non-exclusive royalty free licence to use your name and logo for our marketing and promotional material, including marketing and promotional material featured on our website.
Intellectual property rights in Feedbackly?
We take intellectual property rights very seriously and we expect you to do the same. You warrant that any content you upload to Feedbackly does not contain anything which breaches any obligations of confidentiality or proprietary rights of any third party and that you own any intellectual property rights in such content. Before you submit content to Feedbackly, you must ensure that you hold the copyright or are otherwise licensed or authorised to use that content.
We will investigate all notices of copyright infringement. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through Feedbackly, please contact us at email@example.com immediately. We welcome your feedback and will look after it as our own baby but you won´t receive intellectual property rights as a result.
We welcome your feedback!
We welcome your feedback and ideas on how to improve Feedbackly. If you choose to submit your ideas, you agree that we are free to use them and that you will not have rights to any intellectual property that may be generated as a result.
Rights to use our API
We provide an API to select customers to help them connect your customer lists to us. This API allows you to trigger survey emails (by sharing email addresses and associated tags) or SMS surveys or any other this might concern, to add or delete people and to retrieve responses. As a result, information you share on Feedbackly may be accessed by applications through the API, provided you have given your permission. Your login details will never be shared.
Information in Feedbackly should be treated as a guide only and not held as a truth
The information and functions provided on Feedbackly should not be your only source of information when you are making business decisions. They should be treated as a guide only. You agree that you are not able to hold Feedbackly responsible of any consequences, penalties or sanctions of your business decisions in any case.
Feedbackly links to other services
Feedbackly may enable you to access other applications and websites. Even though these applications and websites are accessible through Feedbackly, they are not owned and controlled by us. Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply that we endorse or verify such websites. Accordingly, we are not responsible or liable for any loss or damage incurred by you as a result of your access to those applications and websites.
NPS is a registered trademark, and Net Promoter Score and Net Promoter System are service marks, of Bain & Company, Inc., Satmetrix Systems, Inc. and Fred Reichheld.
The state and functionality of Feedbackly
Feedbackly is provided on an “as is” and “as available” basis and use of it is at your sole risk. We will try to promptly address (during normal business hours) all technical issues that arise in connection with Feedbackly, however there may be times when Feedbackly is inaccessible.
From time to time, we may issue an update to Feedbackly which may add, modify and/or remove features. We will endeavour to let you know about these changes in advance, but these updates may be pushed out automatically with little or no notice.
To the maximum extent permitted by law we disclaim and exclude all implied conditions and warranties. To avoid doubt, we do not warrant that: (a) Feedbackly will meet your specific requirements; (b) Feedbackly will be uninterrupted, timely, secure, or error free; (c) the results that may be obtained from the use of Feedbackly will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through Feedbackly will meet your expectations; or (e) any errors in Feedbackly will be corrected.
We will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use of, or the inability to use, Feedbackly.
We may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide Feedbackly. The acts and omissions of those third party suppliers may be outside of our control, and we do not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier. If the Feedbackly service includes some hardware, the hardware may be in the ownership of third party and Feedbackly holds the right to use this hardware as a part of their service. Feedbackly is not responsible of notifying the ownership of the hardware customer as long as the service is in use according to these terms.
In any event, you agree that the total liability of Feedbackly under these Terms will not exceed 100 € in any circumstances.
These Terms are governed by Finnish laws, and you submit to the exclusive jurisdiction of the Finnish courts for any matter or dispute arising in relation to these Terms.
If any provision of these Terms is found by a court of Finland, Helsinki or other competent authority to be invalid, unenforceable or in conflict with the law, that provision is limited or eliminated to the minimum extent so that these Terms otherwise remain in full effect.
If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.
The headings used throughout these Terms are provided for your convenience and do not affect the meaning of these Terms.
Terms and conditions of the Feedbackly competitions
Feedbackly Apple iPhone prize draws are open to anyone in the World.
The Prize Draw is not open to employees of Feedbackly or anyone else connected to the Prize Draw.
Entry into the Prize Draw is always acceptance of these Terms and Conditions.
To enter the Prize Draw you must follow rules of the Prize Draw.
No responsibility is taken for entries that are lost, delayed, misdirected or incomplete or cannot be delivered or entered for any technical or other reason. Proof of delivery of the entry is not proof of receipt.
The Prize Draw closes at 23:59 on the last day of every third calendar month starting from January. Entries received after that date and time will not be considered.
The winner will be chosen from a random draw of entries at Facebook, Linkedin, Feedbackly application or any other platform where the draw is presented.
One winner will receive the prize of a Apple iPhone smartphone. Feedbackly accepts no responsibility for any costs associated with the prize and not specifically included in the prize.
The winner will be notified via Facebook or Linkedin on or before 1 January 2018 and given details of how to claim their prize. If a winner does not respond to Feedbackly within 28 days of being notified by Feedbackly, then the winner's prize will be forfeited and Feedbackly shall be entitled to select another winner (and that winner will have to respond to the phone call or email from Feedbackly within 28 days or else they will also forfeit their prize).
The prize is non-exchangeable, non-transferable, and is not redeemable for cash or other prizes in any circumstances.
Feedbackly retains the right to substitute the prize with another prize of similar value in the event the original prize offered is not available.
The winner may be required for promotional activity.
No purchase necessary.
Nothing in these terms and conditions shall exclude the liability of Feedbackly for death, personal injury, fraud or fraudulent misrepresentation as a result of its negligence.
Feedbackly accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering the Prize Draw or accepting the prize. Feedbackly further disclaims liability for any injury or damage to your or any other person's computer relating to or resulting from participation in or downloading any materials in connection with the Prize Draw.
Feedbackly reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Prize Draw with or without prior notice due to reasons outside its control (including, without limitation, in the case of anticipated, suspected or actual fraud). The decision of Feedbackly in all matters under its control is final and binding and no correspondence will be entered into.
Feedbackly shall not be liable for any failure to comply with its obligations where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to force majeure.
The Prize Draw will be governed by Finnish law.
If you have any questions about these Terms, the practices of Feedbackly, or if you would like to give us feedback or notice, please contact us.
(+358) 44 224 4420
Itämerenkatu 1, 00180 Helsinki, Finland
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