These Terms of Service (“Terms”) form a binding agreement between you (and the entity you represent, if any, together “Customer” or “you”) and FeedBlox (“FeedBlox,” “we,” “us,” or “our”). They govern your access to and use of our marketing site, dashboard, APIs, and embeddable feedback widget (collectively, the “Service”). By creating an account, installing the widget, or otherwise using the Service, you agree to these Terms. If you are agreeing on behalf of an organization, you represent that you have authority to bind that organization.
1. Eligibility and Accounts
You must be at least eighteen (18) years old and able to form a binding contract under applicable law. You are responsible for the accuracy of registration information, the security of your credentials, and all activity under your account. Notify us at security@feedblox.net promptly if you suspect unauthorized use.
2. The Service and License
Subject to these Terms and any applicable plan limits, we grant you a non-exclusive, non-transferable, revocable right to access and use the Service during your subscription or trial for your internal business purposes. We may evolve, modify, or discontinue features; for material reductions in functionality on a paid plan we will provide reasonable advance notice.
3. Customer Obligations
- Comply with applicable laws when collecting visitor feedback, including privacy, anti-spam, and marketing laws.
- Provide any required notices and obtain any required consents for installation of the widget and processing of end-user data on your sites.
- Maintain the confidentiality of embed tokens and login credentials.
- Comply with our Acceptable Use Policy, which is incorporated by reference.
4. Customer Content and Feedback
As between the parties, you retain all rights in the data, configuration, and visitor submissions you or your end users submit through the Service (“Customer Content”). You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Content solely to provide, secure, and improve the Service for you. You represent that you have the rights and have made the disclosures needed for Customer Content and visitor submissions you collect using the widget.
5. Privacy and Data Protection
Our handling of personal information is described in our Privacy Policy. For Customer Content that contains personal information of your end users, we act as a processor or service provider on your behalf and process it only as instructed through your use of the Service.
6. Third-Party Services
The Service may interoperate with third-party services (for example, OAuth sign-in, webhooks, or integrations you enable). Those services are governed by their own terms and privacy practices. We are not responsible for third-party services you choose to enable, and we have no control over their availability or content.
7. Beta and Preview Features
Features labeled “beta,” “preview,” or similar are provided as-is, may change without notice, and are excluded from any service-level commitments.
8. Fees, Taxes, and Free Plans
Free plans and trials are provided without charge and may be modified or terminated at any time. Paid plans are billed in advance per the order or in-product purchase flow. Fees are non-refundable except as set out in our Refund Policy or as required by law. You are responsible for applicable taxes other than taxes on our net income. Late amounts may accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum permitted by law.
9. Suspension and Termination
We may suspend or terminate access for non-payment, security risk, or material breach (including AUP violations) on notice appropriate to the circumstances. You may close your workspace at any time from the dashboard. On termination, your license ends and you may export Customer Content for thirty (30) days, after which we will delete it on the schedule described in our Privacy Policy. Sections that by their nature should survive termination will survive.
10. Intellectual Property
We and our licensors own the Service, including all software, designs, trademarks, and documentation. No rights are granted by implication, estoppel, or otherwise. If you submit ideas, suggestions, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.
11. Copyright Complaints (DMCA)
If you believe content available through the Service infringes a copyright you own or control, send a notice that complies with 17 U.S.C. § 512(c)(3) to dmca@feedblox.net. We may remove material we believe in good faith to be infringing and may terminate accounts of repeat infringers in appropriate circumstances.
12. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, FEEDSTACK DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE FEES YOU PAID FEEDSTACK FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITS DO NOT APPLY TO (I) YOUR PAYMENT OBLIGATIONS, (II) A PARTY’S INDEMNIFICATION OBLIGATIONS, OR (III) LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
14. Indemnification
You will defend, indemnify, and hold harmless FeedBlox and its personnel from and against third-party claims, damages, and reasonable attorneys’ fees arising out of or related to (a) Customer Content, (b) your use of the Service in violation of these Terms or applicable law, or (c) your products or services. We will promptly notify you of the claim, give you sole control of defense and settlement (subject to our approval of any settlement that imposes obligations on us), and provide reasonable cooperation at your expense.
15. Governing Law and Venue
These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the State of Illinois, United States, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 16, the state and federal courts located in Cook County, Illinois have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there.
16. Binding Arbitration and Class-Action Waiver
Except for claims for injunctive or equitable relief and small-claims matters within that court’s jurisdiction, you and FeedBlox agree to resolve any dispute by binding individual arbitration administered by JAMS in Chicago, Illinois under its Streamlined Arbitration Rules. The arbitrator, not any court, has exclusive authority to resolve threshold issues of arbitrability. The Federal Arbitration Act governs this section. YOU AND FEEDSTACK WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. You may opt out of this arbitration agreement by emailing legal@feedblox.net within thirty (30) days of first accepting these Terms; opting out will not affect any other provision.
17. Export, Sanctions, and U.S. Government Users
You may not use the Service in violation of U.S. export control or sanctions laws, and you represent you are not on any U.S. government denied-party or sanctioned-party list. The Service is “commercial computer software” and “commercial computer software documentation” under FAR 12.212 and DFARS 227.7202.
18. Force Majeure
Neither party is liable for failure or delay caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, internet or utility outages, or governmental action.
19. Notices and Assignment
Notices to you may be sent to your account email or posted in-product. Notices to us must be sent to legal@feedblox.net. You may not assign these Terms without our prior written consent; any attempted assignment is void. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all assets.
20. Changes
We may update these Terms from time to time. If changes are material, we will provide at least thirty (30) days’ notice by email or in-product notice before they take effect. Your continued use of the Service after the effective date constitutes acceptance.
21. Entire Agreement; Severability; No Waiver
These Terms, together with the Acceptable Use Policy, Privacy Policy, and any order form or written agreement signed by both parties, are the entire agreement regarding the Service and supersede prior understandings on that subject. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions remain in effect. Failure to enforce a provision is not a waiver of the right to enforce it later.