Last updated July 29, 2024
Terms of Service
1. Definitions
1.1. Whenever the below capitalized terms are used herein, they shall be understood as follows:
Account – An account created on the Website is needed to use the Services. Only registered Users get access to the Account. To log in, you need an active email address and a Password. By registering on the Website, You state You have the right to act for the company and use company data, and you give truthful data.
Account data – anything You share with the Service provider, including personal data and Confidential Information, in connection with Services provided.
Account Access Service – the service We offer through the Internet and via the Website. It includes access to the Account, managing Account details, purchasing and activating Services.
Agreement – an e-service agreement concluded between You and Us for providing Services, based on the Terms of Service. It starts when You register an Account and ends when You delete the Account. For Subscriptions, the contract starts at purchase and ends when the Service concludes.
Authorized Person or User – a person invited by You to use the Services under Your Account. Users may include, e.g., Your employees, consultants, contractors, agents, and third parties with whom You conduct business. You can grant them access to all or some Services on the Website. They act on Your behalf based on the rights You assign.
Cut-Off – temporary discontinuation of the operation of the Website or of its particular webpages or functions, required for technical reasons e.g. in connection with maintenance, retrofits or repairs of the Website.
GDPR – the Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Educational Materials – materials available on the Website or provided by the Service provider on Your request in the field of digital product management, CX and digital marketing, in particular articles, e-books, information about new products and useful templates.
Force Majeure – any external event of an extraordinary or random nature beyond the control of the Service provider and of You or which cannot be prevented by them, including riots, strikes, armed conflicts, states of emergency or natural disasters.
Materials – Educational materials and other information available on the Website.
Password – a series of alphanumeric or special characters needed for authorization to access the Account.
Personal Data – any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name and surname, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Price List – the schedule available at https://smartfeedback.app/pricing/, detailing costs, functionalities, and technical parameters of the Tiers offered by Us.
Processing – any operations performed on the Personal Data, such as collecting, recording, storing, structuring, altering, sharing and erasing, especially the ones performed in any IT systems.
Registration – the process of creating an Account on the Website by entering an email address in the registration form. It gives the User rights once approved by both the Service Provider and the User. The form may be available through the Website or other channels authorized by Us.
Tier or Plan – a set of Services provided by the Service provider. Parameters and limits set in the Price List or a separate agreement enable You to use the Service for the fee specified.
Term of the Agreement – the period during which You and SmartFeedback are bound by the Agreement, from the moment the Account is created until the Agreement is terminated.
Terms of Service – these rules applicable to the Website.
Service – the service provided through the Internet via the Website. It includes access to functionalities based on the chosen Tier and access to the Software where the User can store data.
Services – refers to both the Account Access Service and the SmartFeedback Service.
SmartFeedback, Service Provider, We, Us or Our – AGILER PRO CONSULTING – Andrzej Oleksyn, NIP: 8943194370 residing in Gwiazdzista Str. 22/3, 53-413 Wroclaw, Poland
Software – the software owned by the Service Provider through which Services, including the Website, are provided to You.
Subscription – access to the Tier for a set period, paid for in advance, and extended automatically unless You unsubscribe. The scope of the Tier’s functionality is detailed in the Price List or a separate agreement.
Subscription Period – the period specified in the Price List or separate agreement, for which You have paid or committed to pay as detailed. The Subscription Period lasts one month, quarter, or year and ends on the corresponding date it started.
- For a monthly subscription, it ends on the same day of the next month. If purchased on the 31st, and the next month lacks this day, the period ends on the last day of the month, like April 30 or February 28.
- For a quarterly subscription, it ends on the same day of the third month from the start. If purchased on the 31st, and the final month lacks this day, the period ends on the last day of the month, like April 30 or February 28.
- For a yearly subscription, it ends on the same date in the following calendar year.
Website – the system of websites run by the Service provider under the URL address https://smartfeedback.app/
You or Your – an individual, company, or legal entity registered with Us to obtain a SmartFeedback Account and use the Services, including its Affiliates.
2. General provisions
2.1. This Terms of Service specifies terms of providing the Services, in particular rules for the Website’s operation, procedures and terms of concluding the Agreements and terms of access to the Website’s content and use thereof.
2.2. To use the Website, it is necessary to accept the Terms of Service and satisfy the requirements laid down herein.
2.3. By accepting the Terms of Service, You represent and warrant that:
a) You have reached the age of majority according to the applicable law in Your state or province of residence;
b) Your contact and billing information provided is true, accurate, up-to-date, and complete;
c) You agree that the use of the Services by any of Your minor dependents is under Your express consent.
3. Technical requirements and rules for use of the website
3.1. To use the Website, the User shall have the following:
a) A computer or mobile device (e.g. smartphone, tablet) connected to the Internet and with software allowing for access to the Website;
b) Internet browser with JavaScript and cookies enabled. In order to ensure the highest quality of Services, the Internet browser should be updated to the latest version possible;
c) Complete the Registration on the Website and set up the Account successfully.
3.2. The Service Provider has the right to introduce the Cut-Off. The Service provider shall inform the User of any planned Cut-Offs that might affect the normal use of the Website by posting information about the planned Cut-Off on the Website.
3.3. In case of the Website’s failure, the Service Provider shall apply best efforts to promptly restore the Website’s functionalities.
4. The service
4.1. Under the Agreement, You gain free access to the Account.
4.2. The Website allows the User to manage the Account and to purchase or activate other Services listed in the Price List.
4.3. During the Term of the Agreement, You may order the Our Service in the selected Tier.
4.4. You can activate the Service during Registration on the Website or at any time during the Term of the Agreement, in line with the Terms of Service.
4.5. The cost of using the Service is detailed in the Price List.
4.6. You can analyze survey answers and effectiveness through detailed reports on the Website. Depending on the chosen Tier, there may be limitations on access to certain functionalities or differences in usage limits for certain events. Detailed information and descriptions of the Service are available in the Price List.
4.7. During the Term of the Agreement, the Service Provider may offer You and the Users additional paid and/or free services under separate rules, regulations, and price lists.
5. Your rights and obligations
5.1. We provide support for the Services available on the Website.
5.2. You can manage Services through the Account and view your personal data. You can change your email and other personal data, including payment details, after logging in.
5.3. You agree to:
a) Check if your setup meets the technical requirements to use the Website, including the Services;
b) Keep your data and personal info up to date;
c) Not use the Website to phish others using malware or fraud;
d) Not use the Website to collect sensitive data like card details, logins, passwords, or ID numbers;
e) Inform respondents about the legal reasons for collecting their data and any legal obligations related to it;
f) Not post illegal or offensive content, including child pornography, human trafficking, violence, hate speech, or copyright breaches;
g) Not provide illegal or offensive data through the Services, including pornographic, racist, or obscene content;
h) Not use the Services to sell illegal goods or services;
i) Not post misleading information about goods or services;
j) Not use the Website or Services in a way that breaks the law or decency, including illegal gambling, prostitution, promoting stimulants excessively, or selling illicit arms. We can refuse service if your actions harm our image;
k) Not send spam through the Website;
l) Not tamper with the Website’s and Service’s source code;
m) Not post links to infected or illegal websites through Our Service;
n) Not disrupt the Website’s or Services’ operation by placing malicious code or infected files;
o) Use the Services within legal limits and for their intended purposes;
p) Not access others’ Accounts (e.g., by cracking passwords);
q) Not generate excessive traffic on the infrastructure providing the Service;
r) Keep your Password strictly confidential and not share it;
s) Not share your Account or access data with others;
t) Not use the Services maliciously, such as exploiting respondents’ ignorance, manipulating information, or omitting risk details.
5.4. Do not use unauthorized software or scripts with the Service, especially those that disrupt or automate usage, like viruses or bots.
5.5. Use accurate personal data and email addresses. We may ask you to verify your data with documents like a company register excerpt or power of attorney.
5.6. Do not transfer your rights or obligations to others, transfer, sell, or give away your Account. Only we can provide Services to you.
6. Our rights and obligations
6.1. SmartFeedback doesn’t moderate User Account content.
6.2. We may ask Users for feedback on Services and support. We use this to assess service quality and see if the contract meets Your expectations.
6.3. The Service Provider:
a) May review how the Services are used by collecting anonymous info to improve functionality and technical aspects;
b) Has the right to analyze Website and Service use and create reports and stats for commercial activities (using only anonymous data);
c) May use User logos on SmarftFeedback’s websites, promotional materials, and offers to show they are or were clients;
d) May change the properties and features of the Services and software, ensuring the quality level is maintained;
e) Reserves the right to make the Website and Services temporarily unavailable for technical reasons, like maintenance or updates. We will strive to minimize inconvenience;
f) Will strive to ensure Services are provided properly, continuously, and without interruption;
g) May suspend Service if the User breaches Terms of Service. Before suspension, the User will be asked to explain. If the explanation is unsatisfactory, the Services will be suspended within 24 hours. Notification will be sent via email or system notice. We may disable Services faster if needed, leaving only Account login. Users have the right to complain. Compensation will be reviewed per the complaint process and legal regulations. If We receive a phishing report about Your use of Services, We reserve the right to delete Your Account within 24 hours and terminate the Agreement immediately.
7. Free account
7.1. These Terms of Service outline the conditions for using one or more SmartFeedback Software on a free basis. Please note that we may modify or discontinue this Free account offer at any time.
7.2. The free account is provided “as-is” without any warranty and allows you:
a) manage one Organization along with a Business Location at no cost;
b) conduct one active CSAT, NPS, and CES survey each;
c) collect 25 survey responses every month using SmartFeedback;
d) CNAME feature is not available.
7.3. After reaching your response limit, surveys will stop collecting feedback. To continue receiving responses, upgrade to a paid plan.
8. Subscription and Payments
8.1. You pay upfront for the chosen Tier. Payments are due even if you don’t use the Subscription Services.
8.2. Services will be provided according to the time limits in the Price List.
8.3. We may offer you a discount on the standard fees for the Service based on terms in the Price List or separate agreements. The discount amount may depend on how long your Subscription period is.
8.4. We activate the Service once payment is received.
8.5. Subscription is for a set period. You will be informed at least 30 days before the Subscription Period ends that it will auto-renew monthly or annually, unless you cancel the renewal through your Account. If you choose not to renew, your paid Subscription will stay active until the end of the contracted term. After that, your Account will downgrade to a non-subscription Plan.
8.6. During the Subscription period, you can upgrade to a higher Tier at any time. This change takes effect within 48 hours of payment. The payment is charged when the Tier updates, and the remaining period in the transition month is adjusted pro-rata. The Subscription period stays the same. When ordering the Service, you agree to receive VAT invoices. The VAT invoice is issued electronically without the recipient’s signature.
8.7. Provide Us and our payment processor with accurate billing info, including name, address, state, zip code, and valid payment method. By submitting this info, You authorize SmartFeedback to charge all Subscription fees to Your payment method. All payments are non-refundable. You are responsible for all taxes related to the Service, as well as any transaction fees and currency conversions from your financial institution.
8.9. You can choose a payment frequency for the Service. Payments are recurring according to the Price List and are renewable.
8.10. You can manage your payment and data after logging into the Account.
8.11. The payment amount depends on the Tier and Subscription period you choose.
8.12. Prices in the Price List are net amounts. Taxes will be settled as per applicable regulations. Before purchasing a Tier, you can get clear info on the total invoice amount.
9. Newsletter
9.1. The condition for receiving Newsletter is to provide a valid e-mail address and accept the following consents.
9.2. The Newsletter is provided at Your request after the conclusion of the Agreement and includes commercial information concerning the Service provider or the Service provider’s associate products and services and also Educational materials.
9.3. To use the Newsletter, the User must:
a) provide a valid e-mail address;
b) agree to receive commercial information electronically;
c) accept the provisions of this Terms of Service.
9.4. The Newsletter is provided for an indefinite period of time.
9.5. The Newsletter agreement is concluded upon acceptance of the Terms of Service and confirmation of the link confirming subscription to the Newsletter.
9.6. You can unsubscribe from the Newsletter at any time, without giving any reason, by clicking on the link contained in each e-mail address under the words “Unsubscribe.”
10. Liability
10.1. Service provider shall not be liable for:
a) the non-performance or undue performance of the Agreement resulting from the Force Majeure;
b) the non-performance or undue performance of any obligations under the Agreement to the extent caused by the non-performance of any obligations by the User, including but not limited to the use of the Website contrary to its purpose;
c) any content posted on the Website by the Users, including for any breach of rights of third parties (including copyrights and author’s moral rights) in connection with such content.
10.2. Service provider declares the Materials are collected and edited with due diligence. Due to the subject of the Materials, Service provider shall not be liable for the veracity and accuracy of Materials included in the Website resources, in particular, Service provider shall not be liable for the effectiveness of learning from Educational materials.
11. Personal data and information clause
11.1. The Service Provider will be the controller of the Personal Data.
11.2. The Service Provider’s privacy policy, regulations, and rules on cookies are detailed in a separate document, the Privacy Policy, available at: https://smartfeedback.app/privacy-policy/
12. Complaints
12.1. A complaint concerning Website operation and provided Services may be filed by e-mail to the address: support(at)smartfeedback.app or in writing to the address: Gwiazdzista Str. 22/3, 53-413 Wroclaw, Poland.
12.2. In order to expedite the processing of a complaint, it is recommended to provide: name, surname, e-mail address, description of a case and the request.
12.3 The Service Provider is obliged to reply to the complaint within 30 days as of its receipt.
13. Intellectual property rights
13.1. The Service provider is the owner of the right to all technical solutions, graphic elements and other pages of the Website.
13.2. These Terms of Service and use of the Services do not grant You ownership of the Services or the content accessed through them (except for Your content). Nothing on the Website or in this Agreement gives You the right to use any trademarks, trade names, logos, or other brand elements displayed on the Website unless You have explicit written permission.
13.3. These Terms of Service don’t grant SmartFeedback any licenses or rights to Your content, except for the limited rights needed to provide the Services, and as otherwise stated in these Terms.
13.4. Making Materials available or passing them on to You does not mean granting or transferring any intellectual property rights to them, unless such grant or transfer will result from an explicit statement of the Service provider.
13.5. You can use Materials only within the scope of private or personal use. Private or personal use includes use of single copies of works by a group of individuals who are related, especially by blood or marriage, or who are in a social relationship.
13.6. You cannot in particular:
a) Make, especially for commercial purposes, copies, modify or transmit electronically or otherwise the Materials or parts thereof;
b) Distribute Materials to persons other than those indicated in point 12.5. hereinabove.
13.7. A complaint concerning Website operation and provided Services may be filed by e-mail to the address: support(at)smartfeedback.app or in writing to the address: Gwiazdzista Str. 22/3, 53-413 Wroclaw, Poland.
14. Amendments to the Terms of Service
14.1. The Service provider reserves the right to amend the Terms of Service in justified cases, and in particular in the case of:
a) A change in technical conditions of the Website’s operation, including the ones related to technical or technological progress;
b) A change in terms of use of software or use of devices needed to operate the Website, including the ones introduced by manufacturers or entities having rights to the software or to the devices in question;
c) Decisions or judgments affecting or potentially affecting the Terms of Service or the Website’s operation issued by competent public bodies;
d) The Force Majeure;
e) Formal or organizational changes with a bearing on the Website’s operation;
f) Other justified reasons.
14.2. The Service provider shall inform the User of any amendments to the Terms of Service and the scope thereof by placing the consolidated text of the Terms of Service on the Website. The amendment to the Terms of Service shall enter into force upon the lapse of 14 days from the date of posting the text of Terms of Service on the Website.
14.3. Any amendment to the Terms of Service shall not affect the Services rendered prior to the date of its entry into force.
15. Final provisions
15.1. This Terms of Service shall apply from July 29, 2024.
15.2. The performance of the Terms of Service and Agreement shall be governed by Polish law.
15.3. Any disputes under the Terms of Service or under the Agreements concluded with the Service provider based on the Terms of Service shall be settled by the Polish court competent for the Service provider’s registered office.