Terms of Service

1. Introduction

Welcome to FeedValue. These Terms of Service ("Terms") govern your access to and use of FeedValue's website, products, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

FeedValue is operated by FeedValue, a limited liability company registered in Virginia, United States. References to "FeedValue," "we," "us," or "our" refer to FeedValue.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service.

2. Definitions

• "Customer" or "You" means the individual or entity that has registered for a FeedValue account and agreed to these Terms.
• "End User" means any individual who interacts with a Widget deployed by a Customer, including by submitting feedback.
• "Widget" means the embeddable feedback collection component provided by FeedValue that Customers deploy on their applications.
• "Customer Data" means all data, including feedback submitted by End Users, that is collected through the Service on behalf of the Customer.
• "Subscription" means the plan selected by the Customer that determines the features, limits, and pricing applicable to their use of the Service.
• "API" means the application programming interfaces provided by FeedValue for programmatic access to the Service.

3. Account Terms

3.1 Account Creation

To use the Service, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the accuracy of this information and for all activities that occur under your account.

3.2 Account Security

You are responsible for safeguarding the credentials used to access your account. You must immediately notify FeedValue of any unauthorized use of your account or any other breach of security. FeedValue will not be liable for any loss or damage arising from your failure to protect your account credentials.

3.3 API Keys

API keys issued for your account are confidential and must be treated as sensitive credentials. You are responsible for securing your API keys and rotating them if you suspect they have been compromised. FeedValue stores API keys in hashed form and cannot recover them if lost.

3.4 Eligibility

The Service is intended for use by businesses and individuals who are at least 18 years of age. By using the Service, you represent that you meet this requirement.

4. Service Description

4.1 Feedback Collection

FeedValue provides a software-as-a-service platform that enables Customers to collect, manage, and analyze feedback from their End Users through customizable Widgets that can be embedded in web applications.

4.2 Widget Integration

Customers may integrate FeedValue Widgets into their applications using the provided embed code. The Widget operates within the Customer's domain and is subject to the Customer's Content Security Policy (CSP) settings.

4.3 Service Availability

While we strive to maintain high availability, FeedValue does not guarantee uninterrupted access to the Service. We may perform scheduled maintenance with reasonable advance notice. Enterprise customers may be eligible for Service Level Agreements (SLAs) with specific uptime guarantees.

4.4 Service Modifications

FeedValue reserves the right to modify, suspend, or discontinue any aspect of the Service at any time. We will provide reasonable notice of material changes that affect Customer functionality.

5. Acceptable Use

5.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service only for collecting feedback related to your products and services.

5.2 Prohibited Activities

You agree not to:

• Use the Service to collect sensitive personal information (such as social security numbers, financial account numbers, or health information) without appropriate safeguards and consent
• Use the Service to send unsolicited communications or spam
• Attempt to gain unauthorized access to any part of the Service or its related systems
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service to violate any applicable laws or regulations
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell or redistribute the Service without authorization
• Use automated means to access the Service in a manner that exceeds reasonable usage patterns

5.3 Rate Limiting

The Service implements rate limiting to ensure fair usage and protect system integrity. Excessive requests may be temporarily blocked. Repeated violations may result in account suspension.

6. Billing and Payments

6.1 Subscription Plans

FeedValue offers various subscription plans with different features and usage limits. Current pricing and plan details are available on our website. You agree to pay all fees associated with your selected plan.

6.2 Free Trial

FeedValue may offer a free trial period. During the trial, you have access to limited features. At the end of the trial period, you must subscribe to a paid plan to continue using the Service, or your access will be suspended.

6.3 Payment Processing

Payments are processed through our third-party payment processor, Stripe. By providing payment information, you authorize us to charge your payment method for all fees incurred. FeedValue does not store credit card numbers.

6.4 Billing Cycle

Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan. Fees are non-refundable except as required by law or as explicitly stated in these Terms.

6.5 Usage Limits

Each subscription plan includes usage limits (such as number of apps and feedback responses per month). When you reach your limit, the Service will block additional submissions until your limit resets or you upgrade to a higher plan. We do not charge overage fees.

6.6 Price Changes

FeedValue may modify pricing with 30 days' advance notice. Price changes will take effect at the start of your next billing cycle following the notice period. If you do not agree to the price change, you may cancel your subscription before the change takes effect.

7. Intellectual Property

7.1 FeedValue Ownership

FeedValue retains all rights, title, and interest in and to the Service, including all software, technology, designs, trademarks, and other intellectual property. These Terms do not grant you any rights to use FeedValue's trademarks or branding except as necessary to use the Service.

7.2 Customer Data Ownership

You retain all rights to Customer Data. By using the Service, you grant FeedValue a limited license to process Customer Data solely for the purpose of providing the Service to you.

7.3 Feedback on the Service

If you provide suggestions, ideas, or feedback about the Service ("Service Feedback"), you grant FeedValue a non-exclusive, royalty-free, perpetual, irrevocable license to use such Service Feedback for any purpose.

8. Data Protection

8.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.2 Data Processing Agreement

For Customers who require a Data Processing Agreement for GDPR compliance or other regulatory requirements, our Data Processing Agreement is available and incorporated into these Terms.

8.3 Customer Responsibilities

As the data controller for End User data collected through the Service, you are responsible for:

• Providing appropriate privacy notices to your End Users
• Obtaining any necessary consents for data collection
• Complying with applicable data protection laws in your jurisdiction
• Responding to data subject requests from your End Users

9. Warranties and Disclaimers

9.1 Service Warranty

FeedValue warrants that the Service will perform substantially in accordance with its documentation under normal use. If the Service fails to meet this warranty, FeedValue will use commercially reasonable efforts to correct the non-conformity.

9.2 Disclaimer

Except as expressly provided herein, the Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. FeedValue does not warrant that the Service will be uninterrupted, error-free, or completely secure.

9.3 Third-Party Services

The Service may integrate with third-party services. FeedValue makes no warranties regarding the availability, reliability, or functionality of third-party services.

10. Limitation of Liability

10.1 Exclusion of Damages

To the maximum extent permitted by law, FeedValue shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities arising out of or related to these Terms or the Service.

10.2 Liability Cap

FeedValue's total cumulative liability arising out of or related to these Terms shall not exceed the greater of (a) the amounts paid by you to FeedValue in the twelve months preceding the claim, or (b) $100 USD.

10.3 Basis of the Bargain

The limitations in this section reflect the allocation of risk between the parties and are an essential element of the basis of the bargain between us.

11. Indemnification

You agree to indemnify, defend, and hold harmless FeedValue and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Customer Data or any content you submit through the Service
• Any dispute between you and your End Users

12. Termination

12.1 Termination by Customer

You may terminate your account at any time through the account settings or by contacting support. Upon termination, your access to the Service will end, and you will not be entitled to any refund of prepaid fees.

12.2 Termination by FeedValue

FeedValue may suspend or terminate your account if you breach these Terms, fail to pay fees when due, or engage in activity that we reasonably believe may harm the Service or other users. We will provide notice before termination unless immediate action is required to prevent harm.

12.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• You may request export of your Customer Data within 30 days
• After 30 days, we may delete your Customer Data in accordance with our data retention policies
• Provisions that by their nature should survive termination will remain in effect

13. Changes to Terms

FeedValue may modify these Terms at any time. We will provide notice of material changes by email or through the Service at least 30 days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Service and terminate your account before the changes take effect.

14. Governing Law

14.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to its conflict of law provisions.

14.2 Dispute Resolution

Any dispute arising from these Terms shall be resolved through good faith negotiations. If negotiations fail, disputes shall be submitted to binding arbitration in Virginia, United States, in accordance with the rules of the American Arbitration Association.

14.3 Exceptions

Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction.

15. Contact Information

If you have any questions about these Terms, please contact us: