TERMS AND CONDITIONS – PRODUCT FEEDBACK

Last updated 12/05/2021.

 

This agreement (“Agreement”) sets out the terms under which you may use the Product Feedback Platform.

 

If you do not understand any of the terms of this Agreement, please contact us before using the Services. You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement. Please read this Agreement carefully and keep it for future reference. “We”, “Us”, and “Our” refer to Product Feedback, SARL; “You” ,“Your”, and “Yours” refer to the business Client using the Product Feedback Platform.

1. DEFINITIONS

In these terms and conditions, the following terms and expressions shall have the following meanings:

 

Account means a user account, provided and maintained by Us in accordance with this Agreement;

 

Agreement means this agreement, which You enter into with Us as a Client on the Platform, and which is subject to these Terms and Conditions;

 

Business Day means Monday through Friday, excluding French national holidays. Any references to “days” in this Agreement are calendar days unless otherwise indicated;

 

Client means a legal person (other than an individual) subscribing to our Services via the Platform. The Client’s role and permissions are described in Section 4.1;

 

Credentials means the proof of identification which must be used by any User in order to identify themselves with US for any instruction or request entered into the Platform; such proof may include an address, phone number, or any other security features which are necessary or appropriate to implement with a view to safeguarding Your privacy, rights and interests and satisfying applicable law; the type of Credentials required by Us may vary from time to time and will be indicated on the Platform;

 

Fees means the fees payable to Us for the Services, as they may vary from time to time in accordance with the Terms; Fees may be linked to certain Services plan, and are disclosed on the Platform; they are deemed accepted by any User upon his/her registration on the Platform;

 

Intellectual Property Rights means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired;

 

Personal Information means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, where “consumer” means a natural person. Platform means the electronic facilities provided by Us in order to provide You and Your Users access to and use of the Services, i.e., the website operated by Us that is available at https://www.productfeedback.com (and/or any other website that we may notify to You from time to time), or any application that may be used on a computer and/or mobile device and which is made available by Us;

 

Services means access to the Platform and related customer support services provided by Us to You and the Users in connection with the use of the Platform, in accordance with the functionalities, features and conditions set out on the Platform, as they may vary from time to time. The Services consist of communication services between You and the Users on the one hand and Us, on the other hand; Services include the access to certain features of the Platform;

2. PURPOSE

Product Feedback provides You with an online Platform to assist you in conducting User Research. Through the Use of our Services, You will be given access to our features and tools. The purpose of these Terms and Conditions (hereinafter Our “Terms”) is to define how to use Our Services and Our Platform, Our obligations as a service provider and Your obligations as a customer.

3. ACCESS TO THE SERVICES

3.1 Registration.

If You fulfill the eligibility criteria disclosed on the Platform (as may vary from time to time),You may apply to register for the Services, by following the registration steps described on the Platform, including acceptance of the Terms, and the Fees. We may refuse the Services to any applicant at Our exclusive discretion.

 

3.2 Availability of Services.

Certain Services are accessible only to the Client or the Users who identify themselves by using their Credentials and otherwise complying with the procedures for authentication of Users as prescribed on the Platform. All Services may be temporarily unavailable for scheduled maintenance, for unscheduled emergency maintenance, or because of other causes beyond Our reasonable control, including for the prevention of fraudulent access and use of the Platform. We will use reasonable efforts to provide advance notice of any material service disruption. Any Service to the Client or any User may also be suspended where We have reasonable grounds to suspect that any of them are not using the Services in compliance with the Terms. In general, and subject to Our obligations under applicable law or regulation, We may at any time and/or without notice, withdraw, cancel or suspend any particular Service or facility provided to You or any User.

3.3 Personal Information.

We may require You to provide certain information about You and the Users. Such information must be supplied to Us in accordance with the guidelines and steps described on the Platform. You understand and represent that all information communicated by You or the Users pursuant to the Terms is accurate, complete and not misleading in any material respect. We may also share information you have provided in order to comply with government agency, court order, or other legal or administrative reporting requirements; with your written permission; to our employees, auditors, affiliates, service providers, or attorneys as needed; as necessary to fulfill our obligations under this Agreement or to enforce this Agreement; or in accordance with our current Privacy Policy. You acknowledge and agree that this Agreement and the Services are not to be used for any personal, family or household purposes.

4. RULES APPLICABLE TO USERS

4.1 Role of Client.

The Client is responsible for managing the Account(s) and Services, including: inviting Users to the Platform, giving appropriate Permissions to Users. In the case where the Client is not one of Your company directors, You acknowledge that You grant the Client with the requisite permissions, and that We shall not be held responsible for any fraudulent or abusive use of our Services by the Client.

 

4.2 Delegations.

The Client may delegate his/her management powers, in whole or in part, to any Users and set the powers of such Users in accordance with the features proposed on the Platform. Such delegable powers may include, but are not necessarily limited to, the following abilities: designate other Users, and allocate permission. Such permissions may be grouped by Us into permissions sets, so that powers may be delegated in accordance with the permissions included in such sets. In that case, the Client may not select in his/her discretion the combination of powers/permissions that he/she wants to delegate, and (ii) the persons to whom such powers are delegated may be described in accordance with the terminology determined by Us from time to time in Our discretion (“Administrator”, “User”, “Editor”, etc.). All references to the Client, in any clause of Our Terms, are deemed to include references to the persons to whom the Client has delegated the power to take the action contemplated by such clause.

 

4.3 Authorizing Users.

The Client may designate individuals over the age of 18 years old to become Users. Access to the Services by Users is subject to a registration by such Users on the Platform in accordance with the process described therein. We may require the use of certain multi-factor credentials to authenticate the User’s identity when using the Payment Services or delegating sensitive rights.

 

4.4 Warranties about Users.

You warrant to Us that all Users shall be informed of, and insofar as necessary shall accept and agree to (e.g., with respect to communication of the Personal Information of the Users, the conditions of use of Our Services and have been informed of and, where required, have consented to, the collection and use of their Personal Information in accordance with these Terms and/or Your instructions.

 

4.5 Obligations of Users.

Any User must: (a) maintain the confidentiality of their Credentials to access the Platform; (b) disclose his or her true identity when subscribing to the Services (no alias, etc.); (c) not breach or attempt to breach the security of the Platform and related systems including, without limitation, accessing or attempting to access any data not intended for such User; (d) refrain from interfering with the proper operation of the Platform or take any action which is likely to cause any Services to be interrupted or degraded; and (e) not use the Platform or any other Services other than for lawful purposes relating to legitimate business activities.

4.6 Complaints.

Any complaint shall be sent by email to the following address: hello@productfeedback.com.

 

5 - Fees

5.1 Fees.

The Service is provided on a tiered subscription basis with fees calculated based on your total number of End Users as detailed on the pricing page on our website. Unless a substitute payment mechanism has been agreed to by Us, a valid credit card is required to subscribe to the Service and Customer authorizes Us to charge such fees using Customers selected payment method. Fees are billed in advance and are non-refundable. The number of End User subscriptions purchased under a subscription cannot be decreased during the applicable term. No credits or refunds will be issued for usage that is less than the purchased number of licenses. No adjustments are made for unused time on licenses. The subscription term for your End Users begins on the date on which you sign up and pay for the Service (the “Subscription Start Date”), regardless of the date on which you provision your individual End User accounts.

5.2 Auto Renewal.

Customer agrees that its subscription to the Services will automatically renew on an annual or monthly basis (the “Renewal Date”) depending on the term chosen by Customer when subscribing to the Service. Customer hereby authorizes Us to automatically charge Customer the applicable fees on or after each such Renewal Date unless Customer’s subscription to the Service has been terminated or cancelled as set forth in Section 5 below.

5.3 Taxes.

All fees are exclusive of all taxes, levies, or duties or similar assessments of any nature, including for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively “Taxes”). Customer shall be responsible for payment of all such Taxes associated with its purchase of access to the Service, excluding only those taxes that are based on Product Feedback’s net income. Should you be required to withhold any Taxes upon payment to Us, you will reimburse Us for such withholding.

5.5 Trial Subscriptions.

We may, at its option, offer new customers a limited free trial of the Service, subject to these Terms. Notwithstanding anything to the contrary herein, We shall have the right to terminate a Customer free trial at any time and for any reason. No organization or individual is entitled to receive more than one (1) free trial of the Service.

5.6 Late Payment.

 If you fail to make payments (not disputed in good faith) when due under these Terms, and after continued non-payment for a period of fifteen (15) days after we provide you with written notice and an opportunity to cure, we may suspend provision of the Service until payment is received and may charge you a late fee on the overdue amount from the date such amount became due at the lesser rate of 1.5% per month or the maximum rate permitted by applicable law, together with our costs incurred in collecting such payment. We are entitled to withhold performance and suspend provision of the Service until all undisputed amounts due are paid in full.

 

6. TERMINATION

6.1 Termination.

Unless stated otherwise in particular conditions, the Agreement is made for an indefinite period. Either party may terminate the Agreement at any time upon fifteen (15) days written notice to the other party. We may terminate Our agreement with You at any time and without notice if You or any User fails to comply with these Terms for any reason. Any termination of the Agreement, howsoever caused, shall be without prejudice to any obligations or rights of either of the parties which may have accrued prior to termination or expiration and shall not affect any provision of the Agreement which is expressly or by implication intended to come into effect on, or to continue in effect after, such termination or expiration.

6.2 Consequences of Termination.

On termination of the Agreement, the Accounts and Services, including Payment Services and access to the Platform, will be cancelled and suspended in their entirety. You shall cease to use the Services in any manner and We shall not have any obligation to act on any of Your requests.

7. LIABILITY

7.1 Indemnity.

You agree to indemnify and hold Us, Our affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your usage of Our Platform or Services, Your breach of this Agreement, any additional legal terms, or Our Privacy Policy, Your unauthorized use of any of Our Intellectual Property, or Your alleged violation of any other rights of a third party.

 

7.2 Exclusion of Warranties.

WEBSITES, CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS OTHERWISE STATED, WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF ANY WEBSITE, CONTENT, OR OTHER DATA, INFORMATION OR THIRD PARTY CONTENT THAT MAY BE PROVIDED THROUGH ANY WEBSITE. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITES, CONTENT, AND OTHER SUBJECT MATTER OF THESE TERMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR PLATFORM OR EMPLOYEES, WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO THE WARRANTIES EXPRESSLY SET FORTH IN THESE TERMS.

 

WE MAKE NO WARRANTY THAT (i) ANY WEBSITE OR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) A WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY WEBSITE OR SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH ANY WEBSITE OR SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF A WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

7.3 LIMITATION OF LIABILITY.

We shall not be liable to You (i) for loss of business, loss of profits, loss of data, loss of reputation or goodwill, regulatory fines or sanctions incurred by You or the Users, or for any form of indirect loss, whether arising from negligence, breach of contract, tort, breach of regulatory or statutory duty or otherwise even if We had been advised of the possibility of such losses, (ii) in respect of any failure by a third party, and (iii) in any way for any interest or claims of any third parties in respect of the Account, except as required by law or regulation.

 

TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, WE AND OUR AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO YOU OR ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR WEBSITE, OUR PLATFORM OR OUR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY OF OUR SERVICES OR OUR PLATFORM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY; (v) ANY OTHER MATTER RELATING TO A WEBSITE OR OUR PLATFORM OR SERVICES; or (vi) ANY LOSSES OR DAMAGES INCURRED BY YOU AS A RESULT OF THIRD PARTY CLAIMS. You agree that We are not responsible or liable for any damages which are caused by Your action or by the action of Your employees or agents in connection with the performance of Our Services or use of Our Platform. You understand and agree that this limitation of liability is a material part of these Terms and that We would not allow You to use Our Platform or Services in its absence.

 

You also agree that You are solely responsible for Your tax obligations. You expressly undertake responsibility for ensuring the invoices and/or receipts transmitted to or posted on Our Platform are complete and accurate. You understand and agree that any tax reporting or other obligations are wholly Your responsibility.

 

WHEN WE ARE LIABLE, OUR TOTAL LIABILITY TO YOU WILL BE LIMITED IN AGGREGATE TO THE CHARGES PAID BY YOU TO US DURING THE TWELVE MONTHS PRIOR TO THE OCCURRENCE OF THE EVENT TRIGGERING OUR LIABILITY, TO THE EXTENT PERMITTED BY LAW.

 

Unless there is a shorter applicable limitation period, any action arising from or related to Our Services shall be brought against Us within a maximum period of one (1) year from the date on which You had knowledge, or should have known of the facts at the origin of the action.

 

As the Agreement is entered into between You and Us, any claim or action arising hereunder against Us may only be initiated by You.

 

8. MISCELLANEOUS

8.1 Data Protection.

8.1.1 Data Protection.

We will only use Personal Information as required to provide the Services and access to the Platform to You, to fulfill our obligations to regulatory authorities, or as otherwise disclosed in our Privacy Policy, which is available on our website. Protection of Personal Information and Transaction Data is very important to us. Our Privacy Policy explains how and for what purposes we collect, use, retain, disclose, and safeguard the Personal Information and Transaction Data You provide to us or that arises from Your use of the Services. You agree to review the terms of our Privacy Policy, which we update from time to time, and which forms part of this Agreement.

 

You are solely responsible with regard to usage and security of Your Credentials and any activities that occur under Your account. You shall not use the account of anyone else at any time. You shall ensure that Your Users are aware of and adhere to these obligations.

 

We use commercially reasonable efforts to implement technical, administrative, and physical safeguards to protect the functionality of the Services and the functionality and availability of the Platform. However, no security system is perfect, and You agree that We cannot provide perfect security.

 

8.1.2 Records

We maintain a written log of the processing of Personal Data we perform on Your behalf. Our log includes the following information: (i) the categories of recipients to whom the Personal Data have been or will be disclosed; (ii) to the extent that Personal Data is transferred to a third party outside the EU, a list of such transfers (including the name of the relevant non-EU country and organization), and documentation of the suitable safeguards in place for such transfers; and (iii) where possible, a general description of the technical and organizational security measures implemented by any subcontractor. We will provide the supervisory authority with a copy of such log upon request.

 

8.1.3 Subcontractors

You understand that we rely on a number of business partners and suppliers to provide the Services and agree to Us engaging a subcontractor to process Personal Data on Your behalf, to the extent necessary to provide the Services. We may continue to use those subcontractors already engaged at the date of this Agreement. We will ensure that any such subcontractor is bound by data protection obligations equivalent to those set out herein. A list of our subcontractors at the date of contracting is available on our Platform. We will notify You of any significant changes to our subcontracting policy such as the addition or replacement of a subcontractor by updating the list of subcontractors available on our Platform. Absent any written objection on your part within fifteen days of the notification of a change, you will be considered to have consented to such a change.

 

8.1.5 Warranty

You warrant that You comply with all applicable Data Protection Laws regarding the Personal Data processed by Us on Your behalf, and in particular that the processing of Personal Data has a valid legal basis, that any Personal Data provided by You have been lawfully collected, that Users have been informed of the nature and purpose of, and where relevant, have consented to the processing of Personal Data performed by Us on Your behalf.

 

8.2 Intellectual Property Rights.

All Intellectual Proprietary Rights to any of Our Services, Platform, Website, or other content belongs to Us. Nothing in these Terms shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any of Our Services, Platform, Website, or other of our content, or access thereto for any reason, unless otherwise expressly permitted by the Terms. You hereby agree to assign and do assign to Us (and We accept such assignment) any modifications or derivative works of any of Our Services, Platform, Website, or other content made by You without remuneration of any kind.

 

You agree to not modify, decompile, or reverse engineer Our Services, Platform, Website or other of Our content. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works, including Our Services and Platform, is an infringement of the copyright holder’s rights and a breach of these Terms.

 

If You provide Us with any feedback or suggestions, You herby assign to Us all rights in the Feedback and agree that We shall have the right to use such feedback or suggestions and related information in any manner We deem appropriate without a duty of accounting to You. We will treat any feedback or suggestions You provide as non-confidential and non-proprietary.

 

8.3 Amended Terms and Fees.

We reserve the right to change the Terms and Fees at any time, but if We do, We will bring such change to Your attention by placing a notice on the Platform and/or by sending You an email. The revised Terms and Fees will be effective one month after the notification of the new Terms and/or Fees. If You do not agree with such revised Agreement, You must terminate the Agreement and close Your Account prior to the effective date of such new Terms and/or Fees. The continued Use of the Services, including Payment Services, and the Cards by the Client and the Users after the effective date of such changes shall be construed as Your acceptance of such changes.

8.4 No Partnership or Agency.

Nothing in this Agreement is intended to, or shall operate to, create a partnership or joint venture between the parties, or to authorize either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

 

8.5 Notices.

Unless otherwise specified in these Terms, any notices required or allowed under these Terms will be provided to Us by email to hello@productfeedback.com. We may provide You with any notices required or allowed under these Terms by sending You an email to any email address You provide to Us, provided that in the case of any notice applicable both to You and other Users, We may instead provide such notice by posting on the Platform. Notices provided to Us will be deemed given when actually received by Us. Notice provided to You will be deemed given 24 hours after posting to the Platform or sending via e-mail, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.

 

8.6 Waivers.

Failure to exercise, or any delay in exercising, any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by law shall preclude or restrict the further exercise of that right or remedy. A waiver, which may be given subject to conditions, of any right or remedy provided under this Agreement or by law shall only be effective if it is in writing. It shall apply only to the party to whom it is addressed and for the specific circumstances for which it is given. It shall not prevent the party who has given the waiver from subsequently relying on the right or remedy in other circumstances. Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.

 

8.7 Severability.

To the extent that any provision in this Terms shall be found to be invalid or unenforceable, such provision shall be modified in such a manner so as to make this Terms as modified, legal and enforceable under applicable laws and the balance of the provisions of this Terms shall not be affected thereby. Any such modification shall, to the greatest extent possible, be intended to achieve the parties' original commercial intention.

 

8.8 Governing Law.

The interpretation of the rights and obligations of the parties under these Terms, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the state of California, U.S.A., as such laws apply to contracts between residents of the state of California, without regard to conflict of laws provisions thereof.

 

8.9 Dispute Resolution.

You and We will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to these Terms, including the formation, validity, binding effect, interpretation, performance, breach or termination, of these Terms and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to these Terms (each, a "Dispute"), in accordance with the procedures set forth in this Section. If any Dispute cannot be resolved through negotiations between the parties within fifteen days of notice from one party to the other of the Dispute, such Dispute will be finally settled through binding arbitration under the arbitration of French courts then in effect (the "Rules"). Either You or We may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator selected by Us. If We are unable, for any reason, to solely appoint a single arbitrator within 30 days (the "Initial Period") after either party delivers a request for arbitration, a neutral arbitrator will be selected as provided in the Rules. The arbitration will be conducted exclusively in the French language at a site specified by Us in France. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. The award of the arbitrators will require payment of the costs, fees, and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party. Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees, or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.

 

8.10 Electronic Communications.

Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. This Contract may be executed in counterparts and each counterpart shall be deemed an original hereof. This Contract may be executed by signatures transmitted via facsimile transmissions or electronically by Portable Document Format (PDF) which shall be binding on the parties hereto and deemed original signatures hereof. Any notices and disclosures required or permitted under this Agreement may be given by electronic mail addressed as indicated in Section 11.5 above (Notices) and disclosures may also be provided electronically by posting to the Platform.

 

 

 

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