1. Acceptance of Terms
By accessing and using FeedbackPulse ('Service'), you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this Service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this Service.
2. Service Description
FeedbackPulse provides an employee engagement and survey platform to the user subject to the following Terms of Service ('TOS').
3. Data Ownership
You retain all rights, title, and interest in and to the data you submit to the Service. FeedbackPulse does not claim ownership of your data. We only use your data as necessary to provide and improve the Service as described in our Privacy Policy.
4. User Conduct
All information, data, text, software, photographs, graphics, video, messages, or other materials ('Content'), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service.
5. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service (including your user ID), use of the Service, or access to the Service.
6. General Practices Regarding Use and Storage
You acknowledge that FeedbackPulse may establish general practices and limits concerning the use of the Service, including without limitation the maximum number of days that data or uploaded Content will be retained by the Service.
7. Modifications to Terms of Service
FeedbackPulse reserves the right to update and change the Terms of Service from time to time. We will provide at least 30 days notice of material changes via email or in-product notification. Continued use of the Service after the notice period constitutes acceptance of the modified terms.
8. Modifications to Service
FeedbackPulse reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with reasonable notice. You agree that FeedbackPulse shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
9. Termination
Either party may terminate this agreement with 30 days written notice. FeedbackPulse may terminate your account immediately without notice in cases of material breach of these terms or illegal activity. Upon termination, you will have a 30-day window to export your data. After this export window, your data will be deleted within 90 days, and backups will be purged on the next rotation cycle.
10. AI Features
FeedbackPulse offers optional AI-powered features that use third-party services (OpenAI, Anthropic) to generate survey insights. These features are optional and can be enabled or disabled by account administrators. When enabled, relevant survey data is processed by these third-party AI providers. See our Privacy Policy for details.
11. Disclaimer of Warranties
You expressly understand and agree that your use of the Service is at your sole risk. The service is provided on an 'as is' and 'as available' basis. FeedbackPulse expressly disclaims all warranties of any kind, whether express or implied.
12. Limitation of Liability
FeedbackPulse's total aggregate liability arising out of or relating to this agreement shall not exceed the total fees paid by you to FeedbackPulse in the 12 months preceding the claim. In no event shall FeedbackPulse be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses.
13. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 11 and 12 may not apply to you.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law provisions.
15. Data Processing Agreement
Our Data Processing Agreement is available for customers that require processor terms for personal data processed through the Service.
16. General Information
The TOS constitutes the entire agreement between you and FeedbackPulse and governs your use of the Service, superseding any prior agreements between you and FeedbackPulse.
17. Contact Information
Any questions regarding these Terms of Service should be directed to [email protected].