Terms of Use
These underlying terms ("General Terms") govern your relationship with Feedbacx.io in relation to the use of feedback tool and services which may be provided via www.feedbacx.io or via the mobile application. Some parts of the Service may be subject to specific terms ("Specific Terms"). The Terms will consist out of the General Terms and Specific Terms.
Please read these Terms carefully before using the Service. Your access and use of the Service is conditioned on your acceptance and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. If your do not agree to be bound by these Terms, please refrain from using the Service immediately.
1. Definitions and interpretation
1.1 In these General Terms, unless the context otherwise requires, the following expressions have the following meanings:
| Definition | Interpretation |
|---|---|
| "Account" | Means an account required for you to access and use the Services, as detailed in clause 3 (Account). |
| "Documentation" | Means all manuals, instructions, specifications and other documents and materials that Feedbacx.io makes available from time to time and which relates to the Services. |
| "Paid Services" | Means the Services to which you subscribe and for which payment will be due in accordance with the Terms. |
| "Service(s)" | Means the feedback tool and services to which you have subscribed. The Services may contain Paid Services. |
| "User Content" | Means any and all information, data or other content you input, extract, collect, download or transfer or otherwise make available on the platform underlying the Services. |
2. Information about us
2.1 The Services are provided by Tolstoy & Co SRL, a limited liability company incorporated and existing under the laws of the Kingdom of Belgium, with registered office at Rue de la BAchée 78, 1380 Lasne (Belgium) and company number 0845609277 (hereinafter referred to as 'Feedbacx.io').
3. Account
3.1 The Services may require an Account in order to access them. You may not create an Account if you are under eighteen (18) years of age.
3.2 By using the Service as an individual, you warrant that you are at least 18 years of age and may legally enter into a binding contract with Feedbacx.io. Feedbacx.io cannot be held responsible for any misrepresentation of your age. You further warrant that you are not prohibited from using the Service under any applicable jurisdiction
3.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
3.4 It is recommended that you choose a strong password for your Account. Feedbacx.io may impose additional password requirements. It is your responsibility to keep your password safe. You must not share or disclose your Account with anyone else. If you believe your Account is being used without your permission, please contact us immediately at it-support@feedbacx.io. You are fully responsible for all activities that occur under your Account. Feedbacx.io will not be liable for any unauthorised use of your Account.
3.5 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Feedbacx.io's obligations under the law, as set out in clause 16 (Personal Information).
3.6 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any of the Services.
4. Access, use and restrictions
4.1 Subject to limitations set out in these Terms, Feedbacx.io grants you a revocable, non-exclusive and non- transferable limited right to access and use the certain parts of the Services.
4.2 Subject to the limitations set out in these Terms, you are entitled to generate, print, copy, upload, download, store and otherwise process all output, displays and content as may result from any access to or use of Service to which you have access and which relate to your website(s)' visitors feedback.
4.3 Unless otherwise set out in these Terms, you undertake and warrant that you shall not:
a) to the extent permitted by the applicable law, (attempt to) copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services and/or Documentation (as applicable) in any form or media or by any means, save as may be expressly permitted under these Terms, or
b) except to the extent such restriction is prohibited under the applicable law (attempt to) reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services; or
c) sell, rent, lease, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make use the Services except as expressly permitted under these Terms.
4.4 In addition to the above, you may not, directly or indirectly:
a) bypass or breach any security device or protection used for or contained in the Service; or
b) engage in any activity which interferes with or disrupts the Service (including the performance thereof) and/or third party data contained therein;
c) access, retrieve or index any portion of the Services for purposes of constructing or populating a searchable database of information;
d) reformat, frame or place pop- up windows over any portion of the Services, or otherwise affect the way that the Service (or any portion thereof) is displayed;
e) add the use of ActiveX, Java, Javascript, cookies, web beacons or other tracking technologies on the Services;
f) use the Service to store or transmit infringing, libellous, or otherwise unlawful or tortious material, or store or transmit material in violation of third party privacy rights;
g) use the Service in a way that it would disrupt the normal flow of communications, or otherwise affect the other user's ability to make use of the Services;
h) use the Service to store or transmit code, files, scripts, agents or programs intended to do harm, including any form of malware, for example, viruses, worms, time bombs and Trojan horses;
i) attempt to gain unauthorised access to the Service, its related systems and (electronic communication) networks or permit direct or indirect access to or use of the Service in a way that circumvents a contractual usage limit;
j) copy the Documentation, Service or any part, feature, function or user interface thereof and/or access the Services in order to build a competitive product or service;
k) solicit any user for any investment or other commercial promotional transaction;
l) use the Services in any way to violate any applicable law.
4.5 If you become aware of any breach of this clause 4 (Access, use and restrictions), you shall promptly notify Feedbacx.io thereof.
4.6 You accept and acknowledges that Feedbacx.io may set up any such practices and/or limits regarding the use of the Services, including the maximum number of days that any uploaded content shall be retained by Feedbacx.io and/or the maximum disk space allowed on the platform underlying the Services.
5. Discuss area
5.1 In the event that the Services or website would give access to any forum, blog or private message by which discussions may be affected, hereinafter 'User Discussions', you understand and agree that Feedbacx.io does not make any representations or warranties in relation to the messages, information or materials posted on or via those User Discussions. Feedbacx.io does not review this information and shall not be liable or responsible for the content of the messages, information or materials posted on or via the User Discussions. Notwithstanding the foregoing, Feedbacx.io will have the right to remove, delete or edit messages or information which, in its reasonable opinion, violate the terms of these Terms or any specific terms which apply to the User Discussions.
5.2 In the event that you make use of the User Discussions, you agree to the following:
a) You will be solely responsible for your use of the User Discussions and any messages, information and materials provided by you;
b) You shall not advertise or offer to sell goods or services of any kind via the User Discussions;
c) You shall not upload, post, publish or transmit any messages or materials which (i) infringe any intellectual property rights of Feedbacx.io or third parties, (ii) are unlawful, abusive, threatening, libellous, defamatory, vulgar, pornographic, sexually explicit or indecent, (iii) contain false or misleading indications of origin or statements of fact, (iv) contain software or any other commercial materials or information, or (v) contain any viruses or other harmful component.
5.3 By uploading, posting, publishing or transmitting any messages, information or materials on or via the User Discussions, you grant Feedbacx.io a worldwide, irrevocable, perpetual, transferable and non-exclusive license (with the right to sublicense) to use, modify, copy, display, publicly perform, reproduce or distribute the messages, information or materials.
6. Paid Services
6.1 You may not make use of a Paid Service without a valid subscription. In order to subscribe for a Paid Service you will need to register online for such service. Your subscription will not be valid until this is accepted by Feedbacx.io.
7. Payment
7.1 Payment for Paid Services must always be made in advance.
7.2 You will be invoiced on a monthly or annual basis depending on the type of subscription plan you have selected when purchasing the Paid Services. Feedbacx.io will process your order and send you a payment confirmation. If you are offered a free trial period, you will not be charged with a fee for the Paid Services during that free trial period.
7.3 At the end of subscription period, your subscription of the Paid Services will automatically renew under the same circumstances unless it is cancelled in accordance with clause 11 (Cancellation__of the Services).
7.4 Payments must be made in full, without any set- off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
7.5 Feedbacx.io accepts the following methods of payment for its Paid Services:
- a) Visa
- b) Mastercard
- b) Mastercard
- c) Bancontact
You must notify Feedbacx.io as soon as reasonably possible if any information related to your credit card changes or if your credit card is no longer valid.
7.6 If any payment due is not made on time, Feedbacx.io may suspend your access to the respective Paid Service and/or your account.
7.7 If you believe Feedbacx.io has charged you an incorrect amount, please contact Feedbacx.io at hello@feedbacx.io.com as soon as reasonably possible.
8. Ownership rights
8.1 All ownership rights, intellectual property rights and other propriety rights relating to the Services and its underlying platform, and/or Documentation belong to Feedbacx.io, third party licensors or is Open Source Software. These Terms do not entail an assignment of any intellectual property right to you.
8.2 To the extent that Feedbacx.io would make use of third party software or open source software, you agree that this third party software or open source software will be subject to its own terms and conditions which will be an integral part of these Terms. In relation to those licenses given by third parties or via open source, you cannot obtain more rights than those incorporated in the third party terms or open source license. These terms will prevail over all other conditions in these Terms in respect to these licenses. If and insofar the aforementioned terms would, for any reason not apply, or in the event these terms are declared inapplicable, the provisions of these Terms will apply in full.
8.3 Further, these Terms do not grant you any rights in any trademarks or service marks which remain the exclusive property of Feedbacx.io or any third party providers. You may not alter or remove trademarks, service marks, copyright notices or other markings from the Service(s) or its underlying platform.
9. User Content
9.1 User Content on our platform underlying the Services includes (but is not necessarily limited to) feedback data which is processed in accordance with clause 16 (Personal Data) and User Discussions.
9.2 You retain to have the exclusive ownership of all User Content. You grant all such rights and permissions in or related to User Content as are necessary or useful for Feedbacx.io to perform its obligations under these Terms. If You are not a user of Paid Services You also grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty free, fully paid up license, with the right to sublicense, copy, publicity display and distribute the User Content and to sell modify, create derivative works from such User Content.]
9.3 You shall be solely responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of the User Content. You agree, represent and warrant that you have the right to submit the User Content and that all provision or other use of the User Content will not violate clauses 4.4 (Access, use and restrictions) and 9.4 (User Content). To the fullest extent permissible by law, you shall indemnify Feedbacx.io for any breach of these warranties.
9.4 Unless otherwise set out in these Terms or agreed between the Parties, you shall not provide any User Content that:
a) is false or misleading;
b) involves the transmission of unsolicited mass mailing (i.e. spam) or other forms of solicitation (e.g. advertisement, promotional materials and/or pyramid schemes).
9. Security and disclaimer of warranty
9.1 Feedbacx.io agrees that the security of your data is of utmost importance. If you have any questions, please contact Feedbacx.io at it-support@feedbacx.io. Feedbacx.io will take the following security measures into account:
a) Organisation and privacy: to ensure a dedicated focus on the security of your data, we have taken the necessary technical and organisational measures to comply with the GDPR.
b) Application security: Feedbacx.io protects its application via different measures to make sure that your data is safe: - Our web and API traffic is entirely encrypted with SLL; - Authentication is decentralised. Tokens are signed with a rolling PKI certificate; - Password stored in the database are hashed with pbkcf2 with an increasing cost factor.
c) In the unlikely event of a data breach and to the extent legally required, we will inform you and the respective authorities as quickly as possible and in any event within 72 hours.
9.2 When providing the Services Feedbacx.io shall exercise all reasonable skill and care. Notwithstanding the foregoing you agree that Services could include technical, typographical or photographic errors. Feedbacx.io does not warrant that any of the materials use for the provision of the Services are accurate, complete or current.
9.3 Feedbacx.io exercises all reasonable skill and care to ensure that its Services are available, secure and free from viruses and other malware. However, to the maximum permitted by the applicable law, Feedbacx.io does not warrant that (i) the Services will meet your requirements or (ii) the Services will be uninterrupted, timely, error- free, (iii) any errors in the Services will be corrected or (iv) specific results in relation to your portfolio can be obtained by making use of the Services.
9.4 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
10. Links
10.1 Feedbacx.io may provide links to other websites, applications and/or other resources through any of the Services, or the platform underlying the Services. Feedbacx.io is not responsible for the availability and/or the content of such websites, applications and/or other resources. In addition, you agree that Feedbacx.io will not be responsible or liable for any damages or losses which result from, or are caused by the use or reliance on the content made available trough these websites, applications and/or other resources.
11. Cancellation of the Services
11.1 If you are a consumer in the European Union, you have a legal right to a "cooling off" period within which you can cancel the Paid Services for any reason. This period begins once your registration is accepted by Feedbacx.io and you received the confirmation of this registration. The period ends at the end of 14 calendar days after that date.
11.2 If you wish to exercise your right to cancel under this clause 11 (Cancellation of Services), you must inform Feedbacx.io of your decision within the cooling off period. You may do so in any way you wish. Cancellation by email or by post is effective from the date on which you send Feedbacx.io your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send Feedbacx.io an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. If you would prefer to contact Feedbacx.io directly to cancel, please use the details set out in clause 15.2 (Contacting us).
11.3 Feedbacx.io may ask you why you have chosen to cancel and may use any answers you provide to improve its services in the future, however please note that you are under no obligation to provide any details if you do not wish to.
11.4 If you cancel the Paid Services within the cooling off period, Feedbacx.io shall reimburse you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the standard delivery offered by Feedbacx.io) without undue delay and in any event no later than 14 calendar days after you inform Feedbacx.io that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Paid Services.
12. Cancellation of the Services
12.1 Your subscription will automatically be renewed at the end of each subscription period. Feedbacx.io may invoice you for this renewal in accordance with these Terms. You can cancel your subscription at any time prior to the end of the subscription period, with the cancellation taking effect at the end of that subscription period.
13. Liability
13.1 Subject to clause 13.3 (Liability), Feedbacx.io will not be liable to you, whether in contract or tort (including negligence) for indirect or consequential damages such as any loss of profit, damages for loss of use, data or profits, damages resulting from a delay or inability to use the Services or for any damages that may occur as a result of your use of the platform and/or the Services, even if Feedbacx.io has been notified in any manner of the possibility of such a damages.
13.2 Subject to clause 13.3 (Liability), Feedbacx.io total liability to you for all other losses arising out of or in connection with any contract between you and Feedbacx.io, whether in contract, tort be limited to the higher of seventy five EUR (EUR 75) or hundred (100%) percent of the total sums paid by you for the relevant Paid Services during the 12 months prior to the event which gave rise to the losses.
13.3 Nothing in these Terms seeks to limit or exclude Feedbacx.io it's liability for death or personal injury caused by Feedbacx.io's negligence (including that of Feedbacx.io's employees, agents or sub-contractors), for fraud or fraudulent misrepresentation or for any other matter in respect of which liability cannot be excluded or restricted by law.
14. Events outside Feedbacx.io's control (Force Majeure)
14.1 Feedbacx.io will not be liable for any failure or delay in performing its obligations where that failure or delay results from any cause that is beyond its reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Feedbacx.io's reasonable control ("Force Majeure Event")
14.2 If a Force Majeure Events occurs that is likely to adversely affect Feedbacx.io's performance of any of its obligations under these Terms:
a) Feedbacx.io will inform you as soon as is reasonably possible;
b) Feedbacx.io's obligations under these Terms will be suspended and any time limits will be extended accordingly;
c) Feedbacx.io will inform you when the event outside of its control is over and provide details of any new dates, times or availability of Services as necessary;
14.3 If the event outside of Feedbacx.io's control continues for more than thirty (30) calendar days Feedbacx.io may cancel the affected Services and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which Feedbacx.io informs you of the cancellation.
14.4 If an event outside of Feedbacx.io's control occurs and continues for more than thirty (30) calendar days and you wish to cancel the affected Services as a result, you may do so in any way you wish. If you would prefer to contact Feedbacx.io directly to cancel, please use the details set out in clause 15.3 (Contacting us). Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which you inform Feedbacx.io that you wish to cancel.
15. Contacting Us
15.1 For matters relating the Paid Services or cancellations, please contact Feedbacx.io by email at cheers@feedbacx.io.com, or by post at Tolstoy & Co SRL, Rue de la Bachée 78, 1380 Lasne, Belgium.
15.2 Feedbacx.io welcomes your feedback and whilst Feedbacx.io always uses all reasonable endeavours to ensure that your experience as a customer is a positive one, Feedbacx.io nevertheless wants to hear from you if you have any cause for complaint.
15.3 If you want to give Feedbacx.io feedback on any aspect of your dealings with Feedbacx.io or for general questions or complaints, please contact Feedbacx.io in one of the following ways:
- By email, to cheers@feedbacx.io;
- By post to Tolstoy & Co SRL, Rue de la Bachée 78, 1380 asne, Belgium
16. Personal Information
16.1 All personal information that Feedbacx.io may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation ("GDPR") and your rights under the GDPR.
16.2 For complete details of Feedbacx.io its collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to the Privacy Policy.
17. Export compliance
17.1 Uploading, posting and/or transferring software, technology and other technical data may be subject to the export laws of the European Union, United Kingdom and/or other countries. By making use of our Services you agree to comply with all applicable export laws and regulations. In this regard you represent and warrant that:
a) you are not on the list of prohibited individuals which may be identified on any government export exclusion report, nor be a member of any government which may be part of an export-prohibited country identified in the applicable export laws and regulations;
b) you will not transfer any software, technology or any other technical data through the use of our Services to any export- prohibited country;
c) you will not use the Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be in violation of any export laws; and
d) you will not post, transfer nor upload any software, technology or any other technical data which would be in violation of any applicable export laws and regulation.
18. Other Important Terms
18.1 If any provision of these Terms are held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to give effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable.
18.2 No failure or delay by Feedbacx.io in exercising any of Feedbacx.io's rights under these Terms means that Feedbacx.io has waived that right, and no waiver by Feedbacx.io of a breach of any provision of these Terms means that Feedbacx.io will waive any subsequent breach of the same or any other provision.
18.3 In the event of a conflict between the provision of the General Terms and the Specific Terms, the latter shall prevail over the former.
18.4 Feedbacx.io may transfer (assign) its rights and obligations under these Terms to a third party. If this occurs, you will be informed in writing. Your rights under these Terms will not be affected and Feedbacx.io's obligations under these Terms will be transferred to the third party who will remain bound by them. You may not transfer (assign) your obligations and rights under these Terms without Feedbacx.io's express written permission.
18.5 Feedbacx.io is entitled to use subcontractors for the performance of its obligations under these Terms, provided that such subcontracting shall not diminish Feedbacx.io's liability under these Terms.
18.6 The Terms are agreed upon between you and Feedbacx.io. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.
18.7 Using the Services and/or sending mails to Feedbacx.io constitutes electronic communications. You consent to receiving such communications.
18.8 All provisions of the Terms which are expressly marked to survive the termination or expiration of the Terms, as well as all provisions of the Terms which aim to enforce or execute the Terms after the termination or expiration of the Terms, including without use restrictions and limitations of liability shall survive the Terms and remain in full force.
19. Law and jurisdiction
19.1 These Terms, and the relationship between you and Feedbacx.io (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of Belgium.
19.2 Any dispute, controversy, proceedings or claim between you and Feedbacx.io relating to these Terms, or the relationship between you and Feedbacx.io (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Belgium.
19.3 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 19.1 or 19.2 (Law and jurisdiction) takes away or reduces your rights as a consumer to rely on those provisions.
20. Revision of the Terms
20.1 Feedbacx.io may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements or to add or modify certain Services. If Feedbacx.io changes these Terms as they relate to you, Feedbacx.io will give you reasonable advance notice of the changes and provide details of how to terminate if you are not happy with them.
