Terms of Service

 

  1. Definitions used in these terms:
    1. The following words will have the following specific meanings:
      1. “Customer” means any person who has a The Feedback Hack Account;
      2. “Customer Data” means any data entered or uploaded by the Customer while using the Service.
      3. “person” or “persons” includes natural persons, firms, partnerships, companies, corporations, associations, organizations, governments, states, foundations and trusts (in each case whether or not having separate legal personality);
      4. “The Feedback Hack” means the “The Feedback Hack” software provided by Nadlor Tech LLC, a company registered in South Carolina, United States of America.
      5. “The Feedback Hack Account” means a current subscription to the Service;
      6. “the Service” means the The Feedback Hack web application which is accessed and used via our password protected website; or a chrome extension
  2. Creating a The Feedback Hack Account
    1. In order to access and use the Service, a The Feedback Hack Account must first be created.
    2. An application for a The Feedback Hack Account has to be completed by submitting the details on the Register Page or The Feedback Hack wesite.
  3. Contract
    1. If The Feedback Hack accepts an application for the creation of a The Feedback Hack Account, confirmation will be sent by email and at that point a legally binding contract will be created between the Customer and The Feedback Hack.
    2. All applicants must ensure that they are authorized to enter into this contract for and on behalf of the potential Customer and the submission of an application constitutes a warranty that the person making the application is so authorized, upon which warranty The Feedback Hack will rely when entering into the contract.
    3. The contract will be concluded in the English language and the provisions of these Terms of Service shall govern the agreement between the Customer and The Feedback Hack.
  4. Correcting information
    1. If mistakes were made in the details provided to The Feedback Hack when applying for a The Feedback Hack Account, these errors can be corrected by contacting The Feedback Hack.
    2. Depending on the significance of the error The Feedback Hack reserves the right to terminate or vary the terms of this agreement on receipt of amended details.
  5. The Feedback Hack right to refuse application
    1. The Feedback Hack reserves the right, at its sole discretion, not to accept an application to create a The Feedback Hack Account. This may be due to technical constraints, because the applicant has been banned by The Feedback Hack from using the Service or for any other reason. No charge will be made by The Feedback Hack for declined applications.
  6. Access
    1. An Customer will not be able to access and use the Service without a username and password for a The Feedback Hack Account. There are two ways to obtain these:
      1. Once a The Feedback Hack Account has been created, The Feedback Hack will issue the initial user (whose details were provided when the account was applied for) with a username and password.
  7. License
    1. Each authorized Customer is granted a non-transferable, non-exclusive license to use the Service in accordance with these Terms of Service.
    2. The above license is strictly subject to compliance with these Terms of Service by the Customer and by all other users of the The Feedback Hack Account held by the Customer.
  8. Customer obligations
    1. An Customer’s The Feedback Hack Account may only be accessed by using a password and username which that Customer is authorized to use.
    2. A Customer must not:
      1. do anything which could reasonably be expected to damage, disable, overburden, or materially impair the Service or the The Feedback Hack website generally or which is likely to interfere with any other party’s use or enjoyment of the Service;
      2. question or dispute The Feedback Hack’s ownership of the intellectual property rights in the Service; nor
      3. use the Service if the Customer is in competition (or likely or planning to become in competition) with The Feedback Hack or otherwise for the purpose of conducting any benchmarking or comparison with any comparable or competing product.
      4. use the Service for any use that is:
        1. obscene, libellous, blasphemous, defamatory, inciting hatred, terrorism or any similar offence ;
        2. unlawful or misleading;
        3. for any use that breaches third party copyright, including, without limitation, storing or sharing copyrighted music or other copyrighted material that has not been legally obtained;
        4. undertaken on behalf of third parties;
        5. in contravention of any applicable local, state, national and foreign laws, treatises and regulations;
    3. In the event that the Customer is in breach of this clause 8.2 or in The Feedback Hack’s opinion, reasonably likely to become in breach, The Feedback Hack may suspend the Services forthwith without notice and the Customer hereby indemnifies The Feedback Hack in full for any loss or damage suffered by The Feedback Hack as a result of such breach.
  9. Security
    1. The Customer is ultimately responsible for administering and safeguarding any passwords created to control access to it’s The Feedback Hack Account: all password issued must be kept secure.
  10. Payment
    1. Subscription fee amount: A subscription fee for use of the Service is payable monthly by the Customer. The Feedback Hack shall issue invoices in respect of the subscription fee and the Account Holder shall pay each invoice submitted to it by The Feedback Hack, in full and in cleared funds, within 30 days of receipt.
    2. The subscription rates are posted on The Feedback Hack’s website and these may be varied from time to time: please see the Subscribe Page for the rates in force for the current month. Prices on the website are quoted in US Dollars and include VAT, which is also payable. If the subscription package is changed, the change in the subscription payment amount will take effect at the next billing cycle.
    3. Free trials and beta trials: No charge for use of the Service will be made during any ‘free trial’ period or any ‘beta trial’ period. The Customer is not however entitled to benefit from more than one ‘free trial’ – if more than one ‘free trial’ has been requested, the Customer will become liable for payment of the subscription fee for all use of the Service made after the first ‘free trial’ period.
    4. Automatic renewal: Once any ‘free trial’ or ‘beta trial’ period is over, The Feedback Hack will automatically renew the Customer’s subscription and bill every month using the payment details provided to The Feedback Hack, until the Customer request the account to be closed.
    5. Non-payment: The Feedback Hack shall be under no obligation to provide the Service if the subscription fee is not paid on time. The Customer must ensure that The Feedback Hack has complete and accurate billing and contact information throughout the subscription period, including the full name of the Customer, its address, and a billing contact email address. If subscription fees become overdue The Feeeback Hack reserves the right to suspend access to the Service until the balance is paid and/or to close the Customer’s The Feedback Hack Account permanently.
  11. Intellectual Property
    1. Rights in data: The Customer has sole responsibility for the accuracy and reliability of the Customer’s Data. The Customer retains ownership of any copyright, trade marks, database rights and any other intellectual property rights it has in the Customer’s Data. Intellectual property rights in the Customer Data will not be transferred to The Feedback Hack. The Feedback Hack reserves the right to disclose Customer Data to law enforcement officials in the investigation of fraud or other alleged unlawful activities but otherwise The Feedback Hack will only use the Customer’s Data to provide the Service. Data made available on The Feedback Hack with the intent of sharing it with other The Feedback Hack users may not be licensed in any way. In that case, it may not be set to “Public”.
    2. Rights in The Feedback Hack software and the The Feedback Hack website: All copyright, database rights, trade marks and other intellectual property rights in the Service (including any such rights in the The Feedback Hack website) are either owned by or licensed to The Feedback Hack and nothing in these Terms of Service shall transfer any ownership rights to the Customer.
    3. The Customer acknowledges that all intellectual property rights in the Service throughout the world belong to The Feedback Hack, that rights in the Service are licensed (not sold) to the Customer, and that the Customer has no rights in, or to, the Service other than the right to use it in accordance with these Terms of Service.
  12. Termination of a The Feedback Hack Account
    1. Termination by the Customer: the Customer can close the The Feedback Hack Account at any time by sending an email to support@thefeedbackhack.com and stating the intent to cancel the subscription. No further subscription fees will be billed and no refund will be made of any subscription fees already billed and paid.
    2. Termination or Suspension and closure by The Feedback Hack: If the Customer (or any user of the Customer’s The Feedback Hack Account) fails to abide by these Terms of Service, or if payment of the subscription fees is not paid on time, The Feedback Hack reserves the right to suspend access to the Service or permanently cancel the Customer’s The Feedback Hack Account. If The Feedback Hack withdraws access to the Service because these Terms of Servicet have been breached, no refund will be payable by The Feedback Hack. The Feedback Hack also reserves the right to close any The Feedback Hack Account (including during any ‘free trial’ or ‘beta trial’ period) for any reason.
  13. Liability
    1. IMPORTANT: This section restricts the extent to which The Feedback Hack is liable for any losses which may be suffered in connection with the use of the Service. It also requires the Customer  to compensate The Feedback Hack for any loss suffered as a result of the Customer’s failure to comply with these Terms of Service.
    2. No guarantees: The Feedback Hack gives no guarantee that the Service will be suitable for the Customer’s intended use, neither does The Feedback Hack guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available, especially since The Feedback Hack is dependent on the reliability of the Internet and the Customer’s use of computers to access the Service. The Feedback Hack will try to keep disruptions to a minimum but may suspend the Service from time to time to carry out maintenance and support work and to investigate unauthorized use.
    3. Exclusion of liability: The Customer uses the Service entirely at its own risk. The Feedback Hack does not restrict its liability (if any) for personal injury or death resulting from its negligence, or for fraud committed by The Feedback Hack or for any matter which it would be illegal to limit or to attempt to restrict. The Feedback Hack excludes all other liability and responsibility for any amount or kind of loss or damage arising in connection with the Service (even if The Feedback Hack has been advised of their possibility.) In particular, without limitation, in no event shall The Feedback Hack, its affiliates, officers, directors and employees be liable for any indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use the Service (including but not limited to its content), including any damages resulting therefrom.
    4. Limitation of our liability: Where The Feedback Hack is not legally entitled to exclude its liability, the maximum aggregate liability for any loss or damage under or in connection with these Terms or relating to the Service (or to the The Feedback Hack website generally) whether in contract, tort (including negligence) or otherwise, shall not exceed an amount equal to 100% of the subscription fees which the Customer has paid to The Feedback Hack in the previous year.
    5. Liability to The Feedback Hack: The Customer shall be held liable for any reasonable costs and expenses incurred by The Feedback Hack as a result of breach of these Terms of Service by any person accessing the Service using a password created to control access to the Customer’s The Feedback Hack Account. Otherwise, the Customer shall be liable for any reasonable costs and expenses incurred by The Feedback Hack as a result of breach of these Terms of Service by the Customer.
  14. General
    1. These Terms of Service and the The Feedback Hack Privacy Policy describe the entire agreement between the Customer and The Feedback Hack regarding the Service, and supersede any prior understandings or agreements. The Customer acknowledges and agrees that in entering into these Terms of Service, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this agreement or not). Provided always that nothing in this clause shall, however, operate to limit or exclude any liability for fraud.
    2. The headings are for convenience only and shall not affect the construction or interpretation of these Terms of Service.
    3. The Feedback Hack reserves the right to change these Terms of Service from time to time and therefore may impose new or different terms and conditions on the use of the Service. These additional terms will be posted on The Feedback Hack website and will be effective from the Customer’s next monthly subscription renewal. The continued use of the Service will be deemed to constitute acceptance by the Customer of all of the new terms. These Terms of Service may not otherwise be changed without the prior written consent of The Feedback Hack.
    4. The Feedback Hack shall be entitled to transfer its rights and/or obligations under these Terms of Service to another party. The Customer may not transfer any of its rights or obligations under these Terms of Service without the prior written consent of The Feedback Hack.
    5. The rights of The Feedback Hack and the Customer shall not be prejudiced or restricted by any indulgence or forbearance extended to the other party and no waiver by either party in respect of any breach shall operate as a waiver of any subsequent breach.
    6. If any part of these Terms is found to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.
    7. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 (“the Act”) to enforce any term of this agreement but this does not affect any right or remedy of a third party which exists or is available apart from the Act.
    8. These Terms of Service shall be governed by and interpreted in accordance with the law of the United States of America. The courts of the United States of America shall have non-exclusive jurisdiction over any claim, dispute or difference which may arise out of, or in connection with, these Terms (including without limitation claims for set-off or counterclaim) and the legal relationships established by these Terms. The Account Holder is responsible for compliance with any applicable laws of the country from which the Account Holder uses or otherwise accesses the Service.