By using the platform, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the word "platform" refers to the Feedbacker SaaS platform and website together, "we", "us", "our" and "Feedbacker" refer to Feedbacker and "you" and "user" refer to you, the Feedbacker user.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING, POSTING INFORMATION ON, OR OBTAINING ANY SERVICES FROM THE PLATFORM.
This agreement sets forth the legally binding terms for your use of Feedbacker. By registering and using the platform, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the platform and stop using the service immediately. We may modify this agreement from time to time, and such modification will be effective when posted on the platform. You agree to be bound by any modifications to these terms and conditions when you use Feedbacker after such modification is posted; therefore, it is important that you review this agreement regularly.
Use of the platform is prohibited for children under the age of 13. In the case of children under 18 and over 13, it is the responsibility of parents and legal guardians to determine whether use of the platform or any of the content and functionality available on the platform is appropriate for their child or minor in custody.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Feedbacker may, in its sole discretion, refuse to offer services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions
By using the platform, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you have no legal incapacity or contractual restriction that would prevent you from entering into this agreement.
When registering on the platform, the user must choose a password and may be asked for additional information such as email address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Feedbacker of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without Feedbacker's prior authorization. Feedbacker will not be liable for any loss or damage arising from your breach of this agreement.
Users may cancel their accounts at any time and for any reason by following the instructions on the platform or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data transferred to Feedbacker.
Feedbacker reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Feedbacker believes that you have breached any of these terms, provided Feedbacker with false or misleading information, or interfered with another's use of the Platform or the Service.
By providing Feedbacker with your email address, you agree that we may use your email address to send you notifications about Feedbacker. We may also use your email address to send you notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your removal request through the contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving notifications and mailings about updates, news or special content.
Feedbacker offers the following subscription plans:
When a user purchases a subscription, Feedbacker will send a confirmation email. This confirmation email will be produced automatically so that the user will have confirmation of the payment and the start of the subscription. If the user does not receive the email confirmation of the purchase and the start of the subscription, it is possible that it has been sent to your spam folder.
Subscriptions include automatic recurring payments. You authorize Feedbacker to renew your subscription or free trial and to charge you periodically on each billing date. The subscription billing date is the date on which you purchase the subscription and make the first payment. If you are on a free trial, the billing date will be the day after the free trial ends unless canceled prior to the trial's expiration.
On the corresponding billing date, you will automatically be charged the corresponding subscription fee. Subscriptions and free trials will automatically renew for an additional billing period unless canceled prior to the end of the current period or trial. There will be no refunds for failure to cancel a subscription or free trial before the renewal or trial end date.
Users may cancel their subscription through the user account settings in the billing section or by submitting a cancellation request through our contact information. If a subscription is canceled, the user will be able to continue to use the payment features of the subscription until the next billing period, at which time the subscription and access to the payment features of the platform will be canceled.
Subscriptions can be paid through the following processors and payment methods available on the website:
Payments will be processed through our payment processor, Stripe. The subscription payment will be charged to your credit/debit card immediately after completing the payment and subscription registration process. The subscription will be activated upon completion of the payment and registration process and will be charged on each billing date automatically. Once the transaction is processed, we will send an electronic receipt to the user's email address.
If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via the customer service of the relevant payment processor.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 working days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.
Your payment details will be treated and retained securely and for the sole purpose of processing the purchase of the subscriptions. Feedbacker reserves the right to engage any payment platform available on the market, which processes your data for the sole purpose of processing the purchase of the subscriptions.
By using the platform and the functionalities included in the platform, you accept personal responsibility for the results of the use of the platform. You agree that Feedbacker does not guarantee any results, benefits or failures as a result of your use of our platform. You acknowledge and agree that your ultimate success or failure to use the platform and the functionalities available on the platform will be the result of your own efforts, your particular situation and other circumstances beyond Feedbacker's control.
Feedbacker provides functionality that allows our customers to create and manage reward campaigns to encourage feedback collection. These tools include the ability to design rewards within feedback forms and access management tools for tracking and redeeming rewards.
However, Feedbacker is not responsible for the provision or fulfillment of any rewards established in these campaigns. Responsibility for fulfilling rewards lies solely with our customers who create the campaigns. Any queries, concerns, or disputes regarding rewards must be directed to the respective organization or business.
Feedbacker's role is limited to enabling and facilitating the functionality for reward management and tracking; we are not involved in the actual distribution or redemption of rewards.
Feedbacker grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive license to use the platform Feedbacker provides to you as part of the services. This license is for the sole purpose of allowing you to use and enjoy the benefits of the services provided by Feedbacker, in the manner permitted by these terms. You may not copy, modify, distribute, sell or rent any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law, or you have our written permission.
You agree not to use the platform and services in a negligent, fraudulent or unlawful manner. You also agree not to engage in any conduct or action that may damage the image, interests or rights of the Feedbacker platform or third parties.
Feedbacker reserves the right to terminate the user's access immediately, with or without notice, and without liability to the user, if Feedbacker believes that the user has violated any of these terms or has interfered with the use of the platform or the service by others.
All Feedbacker materials, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items, are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Feedbacker or by third parties who have licensed or provided their material to the platform. You acknowledge and agree that all Feedbacker Materials are made available for your limited, non-commercial, personal use. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior express permission of Feedbacker. You may not add to, delete, distort or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security feature, or to use Feedbacker or any portion of the material for any purpose other than its intended purpose is strictly prohibited.
Feedbacker will respond to all inquiries, complaints and claims relating to alleged infringement by breach or violation of the provisions contained in international copyright and intellectual property laws and regulations. Feedbacker respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the website infringes your copyright or other intellectual property rights, please submit your request through our contact information, with the following information.
Any personal information you provide in connection with your use of the platform will be used in accordance with our privacy policy. Please refer to our privacy policy.
The information provided by our users through the use of the platform will be treated as confidential information and will be used solely for the purpose of providing the functionalities within the platform. Feedbacker will protect such Confidential Information from disclosure to third parties by employing the same degree of care used to protect its own confidentiality or proprietary information of similar importance. If necessary to conduct a prospective business relationship, Feedbacker may disclose Confidential Information received pursuant to our services to our employees who have a need to know and a legitimate interest, provided that the employees are obligated to protect such Confidential Information from unauthorized use and disclosure. Confidential Information will not be disclosed to third parties without the prior written consent of the user who owns the information.
The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is owned by Feedbacker or licensed to Feedbacker by third parties. For all content other than your own, you agree not to modify, copy, distribute, transmit, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited:
Due to the nature of the Internet, Feedbacker provides and maintains the platform on an "as is," "as available" basis and does not promise that use of the platform will be uninterrupted or error-free. We are not liable to you if we are unable to provide our Internet services for any reason beyond our control.
Our platform may occasionally contain links to other websites that are not under our control or maintained by us. These links are provided solely for your convenience and we are not responsible for the content of those websites.
Except as provided above, we cannot provide any other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the fullest extent permitted by law.
You shall be liable for any breach of these terms by you and, if you use the platform in breach of these terms, you shall be liable for and shall reimburse Feedbacker for any loss or damage caused as a result.
Feedbacker shall not be liable for any amount for breach of any obligation under this agreement if such breach is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or uncontrollable events of nature.
These conditions do not affect your statutory rights as a consumer, which are available to you.
Subject to the foregoing, and to the maximum extent permitted by law, Feedbacker excludes liability for any loss or damage of any kind whatsoever arising, including without limitation any direct, indirect or consequential loss, whether or not arising out of any problem which you notify Feedbacker of, and Feedbacker shall have no liability to pay any money by way of compensation, including without limitation any liability in relation to:
Feedbacker will not accept any liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for the acts or omissions of any user, for the accessibility or availability of the Internet or for traffic congestion or for any unauthorized human act, including any error or mistake.
Through your use of the platform and services you may encounter links to third party sites or be able to interact with third party sites. These third parties may charge a fee for the use of certain content or services provided on or through their websites. Therefore, you should investigate as you deem necessary or appropriate before proceeding with any transaction with any third party to determine whether a fee will be incurred. Where Feedbacker provides details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interaction with third party sites and applications is at your own risk. You expressly acknowledge and agree that Feedbacker is in no way responsible for such third-party websites.
You agree to defend and indemnify Feedbacker from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including, but not limited to, reasonable legal and accounting fees, brought by third parties as a result of:
We may change the platform and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.
This agreement and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Feedbacker without restriction.
This agreement, together with the privacy policy and any other legal notices posted by Feedbacker, shall constitute the entire agreement between you and Feedbacker and shall govern your use of the platform.
You agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between you and Feedbacker, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event a dispute arises in connection with your use of the platform or breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Feedbacker may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform.
The courts of Colombia shall have jurisdiction over any dispute, controversy or claim relating to Feedbacker and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of Colombia.
Although the use of our platform and services is available worldwide, these terms and conditions are governed by the laws of Colombia. Use of the platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.
Our compliance with these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or collected by us in connection with such use.
If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.
Any rights not expressly granted herein are reserved.
If you have questions or concerns about these terms and conditions and the handling and security of your data, please contact us through our contact form or via the contact information below:
Dataplicada - Feedbacker. Email: hello@feedbacker.cx