Effective Date: July 1, 2025
Welcome to Up Feedbacks. These Terms of Service ("Terms") govern your access to and use of the Up-Feedback website, widget, and services (collectively, the "Services"). Please read these Terms carefully before using our Services.
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use the Services.
To use certain features of our Services, you may need to create an account. When you register, you agree to:
We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or outdated.
We offer various subscription plans, including a free plan with limited features and paid plans with additional capabilities. Details about our current subscription plans, features, and pricing are available on our website.
We may offer a free trial period for certain subscription plans. At the end of the trial period, your account will automatically convert to a paid subscription unless you cancel before the trial ends.
By subscribing to a paid plan, you agree to pay all fees associated with your selected subscription plan. All payments are non-refundable except as expressly stated in these Terms or as required by applicable law.
You authorize us to charge your designated payment method for all fees related to your subscription. If your payment cannot be completed, we may suspend or terminate your access to the Services.
You may change or cancel your subscription at any time through your account settings or by contacting our support team. If you cancel, you will continue to have access to the paid features until the end of your current billing cycle, but you will not receive a refund for the current billing period.
We reserve the right to change our subscription fees upon reasonable notice. Any price changes will take effect at the start of your next billing cycle.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes.
You agree not to:
If you use our API, you must comply with any rate limits and other API usage guidelines that we provide. We reserve the right to modify these limits and guidelines at any time.
Our Services allow you to collect and store feedback and analytics data from your website users ("User Content"). You retain all rights to your User Content, and you are solely responsible for it.
By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to host, store, transfer, and display your User Content solely for the purpose of providing the Services to you.
You represent and warrant that:
The Services and all content and materials included on or in the Services, including text, graphics, logos, images, and software, are the property of Up-Feedback or our licensors and are protected by copyright, trademark, and other intellectual property laws.
These Terms do not grant you any right, title, or interest in the Services or our content. You may not use our name, logo, or trademarks without our prior written consent.
Our collection and use of personal information in connection with the Services is governed by our Privacy Policy. By using the Services, you consent to our collection and use of information as described in the Privacy Policy.
If you use our Services to collect information from your website users, you are responsible for:
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content available through the Services.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (1) THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS OR (2) $100.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
You agree to indemnify, defend, and hold harmless Up-Feedback and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:
We may terminate or suspend your access to the Services at any time, with or without cause, and with or without notice. Upon termination:
If you wish to terminate your account, you may do so by following the instructions on the Services or by contacting our support team.
We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through the Services, by email, or by other means to provide you with the opportunity to review the changes before they become effective.
Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms.
These Terms constitute the entire agreement between you and Up-Feedback regarding the Services and supersede all prior agreements and understandings.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without your consent.
If you have any questions about these Terms, please contact us at:
Email: support@upfeedbacks.com