Terms of Service
Thank you for using ActiveFeedback.
Part 1. Definitions/terms
1.1. ActiveFeedback is a trading name of BusinessHub Systems Limited.
1.2. This agreement (hereinafter, the "Agreement") between ActiveFeedback (hereinafter, "us" or "we") and you (“User” or “you”) sets forth the terms and conditions which govern your use of the ActiveFeedback website (hereinafter, the "Site") and/or the services (hereinafter, the "Services") thereon which are provided by ActiveFeedback.
By clicking the ‘I agree’ button or physically signing this document, you are accepting the Terms of Service. If you sign up for ActiveFeedback on behalf of a company or another entity, you represent and warrant that you have the authority to accept those terms on their behalf.
Part 2. Nature of Service
2.1. ActiveFeedback is a B2B Software as a Service ("SaaS") platform. Our Service is built to gather actionable insights from customers that drive product improvement, customer & employee loyalty, social proof, business intelligence, data capture and personalised database segmentation to deliver profitable growth. We facilitate this by providing a powerful software platform that optimises the measuring, managing and marketing of a business using customer happiness as the true measure of business success and the underlying driver of business growth.
2.2. Any person or entity can use our Service provided that they represent a legal entity in law, are eligible in accordance with part 3 of this agreement and conduct their activities and use of the Service responsibly in accordance with this Agreement and any applicable laws.
2.3. Support Services include unlimited remote service and support during normal business hours Monday - Friday, 09.00 - 17.00 GMT. The Customer must designate one individual who will be the authorised point of contact for all technical support communications between ActiveFeedback and the Customer at all times.
2.4. ActiveFeedback will use commercially reasonable efforts to keep the Service available on a 24 hour a day, 7 days a week basis, via website access for customers utilising the Minimum Configuration, subject to occasional scheduled downtime (during non-working hours, for short periods of time and communicated in advance) for maintenance purposes, unforeseen maintenance and systems outages, or routine testing of the Services. As used herein, “Minimum Configuration” means the minimum configuration of client hardware and software required to access the Services, which, shall be that users have an internet connection and Internet Explorer 8 or higher version.
Part 3. Eligibility
3.1. In order to use ActiveFeedback, you must meet a number of conditions, including but not limited to:
(a) You must be a registered business entity and not contract with ActiveFeedback as a consumer. You must also have contracting/procurement authority within the business entity to enter into a legally binding contract for goods and services to the value and scope of those offered by ActiveFeedback.
(b) You must be at least 18 years old, and able to legally enter into a contract in the area in which you reside.
(c) You must not be in violation of any embargoes, export controls, or other laws of the United Kingdom or other countries having jurisdiction over this Agreement, ActiveFeedback, and yourself.
(d) You must provide us with accurate, up-to-date personal information, payment information, and other information that we deem necessary to provide you with our Service.
(e) By using ActiveFeedback, you represent and warrant that you meet all the requirements listed above and that you won’t use ActiveFeedback in a way that violates any laws or regulations. We may refuse service, close accounts of any Users, and change eligibility requirements at any time.
Part 4. Grant of Rights
4.1. ActiveFeedback grants to you a limited personal, non-exclusive and non-transferable right and license to access the Site and use the Services thereon.
4.2. ActiveFeedback will not be held liable for any misuse of the Service by the User, including, but not limited to: breaches of anti-SPAM terms, data breaches, unlawful or prohibited use of the Service.
4.3. ActiveFeedback reserves the right to cancel a User’s account with 30 days’ notice at any time. If the User breaches the Terms of Service, ActiveFeedback reserves the right to cancel or suspend an Account with immediate effect.
Part 5. Prohibited uses
5.1. You acknowledge that you are responsible for the content of any surveys or emails sent using the Services. Although ActiveFeedback has no obligation to monitor the content provided by you or your use of the Services, we may do so and may remove any such content or prohibit any use of the Services we believe may be (or is alleged to be) in violation of the Terms of Service.
5.2. You agree that you will not:
(a) Violate the laws of the United Kingdom, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
(b) Post or send anything unlawful, harmful, threatening, abusive, harassing, vulgar, obscene, violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of ActiveFeedback or its delegates.
(c) Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
(d) Use our Service to facilitate a business or business practice which is fraudulent, unfair, deceptive, or otherwise prohibited by consumer protection or other legislation.
(e) Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, hack, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the Services;
(f) Copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
(g) Access the Site or Services by any means other than through the standard industry-accepted or ActiveFeedback-provided interfaces;
(h) Certain data points including but not limited to age, gender and social profiling data cannot be exported from the service.
(i) Impersonate any person or entity, including without limitation, any ActiveFeedback official, employee, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
(j) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
(k) Use of any Site or Service's communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
(l) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise
(m) Upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(n) Delete or revise any material posted by any other person or entity;
(o) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any ActiveFeedback product or Service if you are not expressly authorised by such party to do so
(p) Use the Site and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair ActiveFeedback’s servers or networks, or any third party servers used to deliver our Service. You also may not use the Site or Services to interfere with any other user's use and enjoyment of the Site and/or the Services. Furthermore, you may not attempt to gain unauthorised access to any of the Site, Services, accounts, computer systems or networks connected to ActiveFeedback through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services.
(q) Do anything else which could bring ActiveFeedback into disrepute or violate the rights of any person.
5.3. In addition to the above, the following types of emails and/or industries are not allowed (with no exceptions) for use with our service:
(a) Paid lists (of any form);
(b) Rented lists (of any form);
(c) List brokers (of any form);
(d) Sending email without explicit permission;
(e) Sending email advertisements for multiple companies all to the same list (sometimes known as "dedicated email ads" or "solo email ads");
(f) Pornography, sexually explicit emails;
(g) Illegal substances, illegal goods of any form;
(h) Pills, online drug purchases;
(i) Dietary supplements;
(j) Male enhancement products;
(k) Escort and dating services;
(l) Affiliate marketing;
(m) eLoans, loan offers, payday advances;
(n) Day trading tips, forex, etc.; and
(p) Get rich quick schemes;
(q) Work at home;
(r) Multi-Level-Marketing & Pyramids;
Part 6. Anti-SPAM
6.1. You must comply with UK anti-SPAM laws, and or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
6.2. You must be able to directly verify when and where each contact to whom you intend to send emails to (“Subscriber”) subscribed to receive such emails. Purchased/paid subscriber lists are not allowed and any use of such lists will result in immediate cancellation of your account and no paid fees will be refunded. You must ensure that all Subscribers have fully "opted-in" and consented to receive emails from you and, therefore, have specifically acknowledged that you may be sending them emails. All account email addresses must be valid.
6.3. Complaints from Subscribers related to SPAM are seen in direct violation of these terms and conditions and may lead to the immediate suspension of your service and possible closure of your account. If your account is terminated as a result of a violation of these Terms of Service, you will not be eligible for a refund of any kind.
6.4. We continually monitor your sending and Subscriber actions to check for above average bounce, abuse, and/or unsubscribe rates. If any rate becomes abnormal, your account may go into manual review. Should your sending activity cause spam reports or sending complications, ActiveFeedback reserves the right to terminate the account without any refund. ActiveFeedback reserves the right to refuse service (sending or any other service) with or without reason.
Part 7. Billing/payments
The agreed subscription:
7.1. Payment for our Service is conducted on a monthly, quarterly or annual billing basis either via credit card through our third party payment provider, Stripe or via Electronic Funds Transfer to our nominated Bank Account. The proposed payment method is to be confirmed and agreed at the time of quote acceptance. Unless otherwise stated, all prices are listed in United Kingdom Pound sterling (£).
7.2.1. Unless confirmed in writing by an authorised ActiveFeedback representative, where the customer payment method is by Credit Card, payment shall be attempted immediately following the production of a sales invoice by our billing platform. Should payment be unsuccessful, the billing platform will attempt payment twice more at periodic intervals. Should payment still be unsuccessful, the remedy shall be as per section 7.7 of this agreement.
188.8.131.52 In providing ActiveFeedback with Credit Card details, it is agreed by the Customer that a test authorisation may be performed by our Credit Card Acquirer, for 1 unit of their home currency (1GBP, 1EUR, 1USD etc). It is also agreed that this amount will be refunded immediately after the test and may be seen on the Customers card statement.
7.2.2. Unless confirmed in writing by an authorised ActiveFeedback representative, where the customer payment method is by Electronic Funds Transfer, the value date of the payment should be within 7 calendar days of the invoice date, in line with our standard payment terms. Failure to make payment within terms will be seen as a breach, the remedy for which is also as per section 7.7 of these terms.
7.3. To subscribe to any ActiveFeedback’s Services or products, you will be asked by ActiveFeedback to provide, including but not limited to, your full name, address, telephone number, e-mail address and Tax Registration information. Should your payment method be Credit Card, these details will be securely requested via the Customer Portal and stored in line with PCI DSS requirements. You agree to provide ActiveFeedback or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
7.4. Some Services offered by ActiveFeedback are subscription-based services. If you open a subscription-based account with ActiveFeedback, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Should you elect to terminate any subscription-based services, you will remain liable for all charges accrued up to the termination date, including full recurring charges for the recurring period during which you discontinued service. This also applies to upfront agreements, where you elect to terminate a contract you will remain liable to pay all remaining charges and will not be issued a refund. ActiveFeedback reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to users. However, we will not change the charges for current users. We reserve the right to terminate any account at any time for any reason.
7.5. ActiveFeedback may make discounts or coupons available to Users. ActiveFeedback may refuse to honour such discounts or coupons for any reason including, but not limited to, fraud, a mistake on the part of our publication of information, actual or expected financial hardship, the sale of all or part of our business, or any other reason.
7.6. Where a User conducts a chargeback against ActiveFeedback, that User shall be liable to ActiveFeedback for the full amount of the chargeback as well as any reasonable solicitors’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by ActiveFeedback in the enforcement of its rights under this section.
7.7. Where a credit card is declined for any reason (including but not limited to expiration, insufficient credit, or precautionary anti-fraud measures), ActiveFeedback reserves the right to delete the relevant User’s account data and terminate their access to our Service without notice. Without prejudice to any of ActiveFeedback’s rights under this section, ActiveFeedback may choose to first contact the relevant User and give them an opportunity to correct the failed payment issue prior to engaging in such a deletion.
Part 8. Security and passwords
8.1. If any of the Site or Services require you to open an account, you must complete the registration process by providing ActiveFeedback with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to ActiveFeedback which is untrue, inaccurate, not current or incomplete, ActiveFeedback reserves the right to terminate this Agreement and your continued access and use of the Site and/or the Services.
8.2. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify ActiveFeedback immediately of any unauthorised use of your account or any other breach of security. ActiveFeedback will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by ActiveFeedback or another party due to someone else using your account or password.
Part 9. Data Protection-User subscriptions
9.1. ActiveFeedback will not use any of your subscriber lists or any other customer information for any other purposes than those related to the Services. In addition, we will not use your customer information for the purpose of sending unsolicited commercial emails.
9.2. The data in your Account is the sole responsibility of you as a User, and ActiveFeedback will not be held liable for any breaches of customer data protection resulting from your actions, including, but not limited to: sending unsolicited emails and surveys without the express permission of the subscriber, any illegal or prohibited content in emails or surveys and security or password breaches.
9.3. You agree that ActiveFeedback is not liable for any loss of a User’s data due to deletion of an account, manual errors, stolen data, or any other loss of data.
Part 10. Links to third party sites
10.1. ActiveFeedback may provide links that allow you or your Users to leave your Service Provider's site and/or access third party websites. The linked sites in many cases are not under the control of ActiveFeedback and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. ActiveFeedback is not responsible for webcasting or any other form of transmission received from any linked site. ActiveFeedback provides these links only as a convenience, and the inclusion of any link does not imply endorsement by ActiveFeedback of the site.
10.2. Your participation, correspondence or business dealings with any third party found on or through our Site and Services, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that ActiveFeedback shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
10.3. ActiveFeedback is not responsible for third party suppliers if they are in breach of Intellectual Property Right or Subrogation Rights.
Part 11. Availability of Service
11.1. As a SaaS, Users agree that ActiveFeedback or any Services thereof, including email, message boards, chat and other support forums, may be unavailable at times. Reasons for such unavailability may be related to security, technical, or legal issues. You agree that ActiveFeedback is not required to inform you of any such periods of unavailability even if anticipated or planned by ActiveFeedback and release us from any liability relating to such unavailability. You also waive your right to any financial compensation from ActiveFeedback as a result of the Site or Service being unavailable. Without limitation on the generality of the foregoing, ActiveFeedback shall generally attempt to inform its Users of such planned or anticipated periods of unavailability prior to their occurrence unless there is a good reason not to do so.
Part 12. Communications from Service Provider
12.1. ActiveFeedback may periodically contact you or Users for customer service purposes. By accessing the Service, you consent to receive such communications. You agree that ActiveFeedback may reference its business relationship with you in its marketing or sales materials.
12.2. Any feedback, comments, or suggestions you may provide regarding our Services or related products is entirely voluntary and ActiveFeedback will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Part 13. Intellectual Property Rights
13.1. You acknowledge and agree that the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of ActiveFeedback or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning ActiveFeedback or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
13.2. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, " Submission Materials") or by posting such Submission Materials on the Site, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing licence to ActiveFeedback shall be fully paid-up and royalty free. In addition, under no circumstances shall ActiveFeedback have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of ActiveFeedback through a merger, sale or transfer of all or substantially all of the assets of ActiveFeedback, nor shall the sale of advertising on any of the Site give rise to any obligation to pay a fee to Subscribers.
13.3. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on ActiveFeedback’s part and we shall not be liable for any use or disclosure of any such Submission Materials.
Part 14. Risk and Title of Goods
14.1. Risk of damage or loss of the Goods shall pass to the Buyer in the case of Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection, or in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery.
14.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the Price of the Goods and of all other Goods agreed to be sold by the Seller to the Buyer for which payment is then due.
14.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property.
14.4 Until payment of the Price the Buyer shall be entitled to resell or use the Goods in the course of its business but shall account to the Seller for the proceeds of sale or otherwise of the Goods, whether tangible or intangible including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
14.5 Until such time as the property in the Goods passes to the Buyer (and provided that the Goods are still in existence and have not been resold) the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and if the Buyer fails to do so forthwith to enter upon any premises of the Buyer or of any third party where the Goods are stored and repossess the Goods.
14.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
14.7 The Seller shall be entitled to recover the Price notwithstanding that property in any of the Goods has not passed from the Seller.
Part 15. Our Copyright
15.1. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
15.2. You may print and download the information on the ActiveFeedback or ActiveFeedback Websites for your own personal, non-commercial and educational use. Unless permitted by mandatory rules of law, you may not distribute any text or graphics featured on ActiveFeedback or ActiveFeedback Websites, or Services to others without the express written permission of ActiveFeedback, "mirror" this information on your own site without written permission from ActiveFeedback, or modify or re-use in any way the text or graphics on the Site or provided in the Service.
Part 16. Your Copyright
16.1. ActiveFeedback has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, gathered customer data, and other materials. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us, to the extent that is necessary to provide you with our Service. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
16.2. ActiveFeedback respects the intellectual property rights of others. If copyrighted content that belongs to you was posted without your permission to our Site or sent through one of our Services, let us know. Please send notice of the alleged infringement to our designated agent at the following address:
ActiveFeedback, Coast Road, Hopton on Sea, Gt Yarmouth, Norfolk, NR31 9BX, United Kingdom
Part 17. Warranties, Limitation of Liability
17.1. THE SITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACTIVEFEEDBACK AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, or (iv) THAT ANY SOFTWARE, SERVICES, SITE OR SERVER(S) ON WHICH THE SERVICES AND SITE ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK.
17.2. ACTIVEFEEDBACK NOR ITS DIRECTORS, EMPLOYEES, OR AFFILIATES ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE OR THE SERVICES, or (vii) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES. IN NO EVENT SHALL ACTIVEFEEDBACK’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES OR THE SITE.
17.3. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SERVICE PROVIDER OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF SAAS'S OBLIGATIONS HEREUNDER. IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE FOR ANY LOST OR CORRUPTED DATA, DOWNTIME, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, INCLUDING NEGLIGENCE.
17.4. You agree to indemnify, defend, and hold ActiveFeedback and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to ActiveFeedback or post on any forums (e.g., message boards, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Site and/or the Services. This Section shall survive in the event this Agreement is terminated for any reason.
Part 18. Force Majeure
18.1. ActiveFeedback won't be liable for any delays or failure in performance of any part of the Services, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, and acts of hackers or third-party internet Services providers.
Part 19. Termination
19.1. This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that ActiveFeedback in its sole discretion, may terminate your password, account (in whole or in part), or use of the Site or Services, and remove and discard any content within the Site, at any time and for any reason. You agree that any actions taken under this agreement may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely. Should the Agreement be terminated by ActiveFeedback part way through a month; that month’s fees and charges must still be paid by the User.
19.2. You can contact us at firstname.lastname@example.org to cancel your account. The cancellation note must be sent by the designated account owner or an authorised signatory. Inactivity does not constitute an automatic cancellation, so unless you cancel your account in accordance with this section, you will continue to be charged for the subscription to the services. All cancellation requests will take effect at the end of the current subscription period in which the cancellation request is made, and you will be responsible for all fees and any applicable taxes and other charges rendered up through the cancellation date. In the event you cancel your subscription, please note that we may still send you promotional communications about ActiveFeedback, unless you opt out of receiving these communications by following the unsubscribe instructions provided therein.
19.3. Once an account is terminated, all data held in the User’s account will be deleted within 180 days of the subscription termination date being met. Once the details have been deleted they cannot be returned. It is the responsibility of the User to backup any data held by ActiveFeedback, the Site, or Services before this 180 day period ends. ActiveFeedback, its employees, directors or affiliates are not responsible for any lost data, resulting from the termination of an account.
Part 20. Free trials
20.1. From time to time, to the extent legally permitted, we may offer free trials of certain subscriptions for a specified period of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration. We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.
Part 21. Complaints and Disputes
21.1. Where these Terms are available in other languages, the English language version shall preside in the event of a dispute.
21.2. Should any potential issues arise that may give light to disputes in relation to the provision of goods or services under the subscription contract, the Customer must notify a representative of ActiveFeedback within 7 calendar days of the event. ActiveFeedback will then review the issue and aim to resolve it within a mutually agreed timescale with the Customer.
21.3. In the event of Credit Card payment being the chosen method for a Customer, the Customer agrees to engage with ActiveFeedback prior to engaging in any Chargeback procedures with their credit provider.
Part 23. Miscellaneous
23.1.The laws of the United Kingdom will apply to any and all disputes arising out of, or relating to the Services or this Agreement.
This document was last updated on 6th June, 2018.