By using the Focused Feedback (“Service”), you (“Customer”) agree to be bound by these terms and conditions (“Terms of Service”).
Grappetite LLC, the maker of Focused Feedback, (“Company”) reserves the right to update or change these Terms of Service without notice.
Violating the terms mentioned below may result in your account being terminated.
- It is the Customer’s responsibility to maintain the security of their account, including Customer login credentials and password. The Company is not liable for any losses or damages incurred due to Customer’s failure in this regard.
- The Customer is responsible for their account and all of its activities including but not limited to the content of messages sent, phone numbers to whom messages are sent, the nature of requests and links provided, and any other activities using the Service.
- The Customer is not allowed to use the Service for any illegal purposes and is solely responsible for any infringements of laws in their jurisdiction.
- The Service is solely for the use of the entity for which a Contract has been established. Use of the Service for any other entity or for any other purpose than is defined in the Contract is not permitted.
- Use of the Service must be for a registered entity or business that is clearly attached to the Customer and may only be used in representation of that entity or business.
- The Company makes no claims about the accuracy of the data received through the Service and takes no responsibility for any comments, feedback, reviews, or other data received by the end users of the Service or posted by those users to other sites using the Service.
- The Company does not warrant, license, or undertake that the Service will not infringe on any agreement, copyright, or any proprietary right of any third-party.
Payment, Refunds, Upgrading and Downgrading Terms
- The Service is offered with a free trial for those Customers who request it. Free trials are done in relationship with the Company or one of its Agents and cannot be extended or revisited upon becoming a Client of the Company. Usage of the Service beyond any trial period requires the payment in advance. Failing to pay will result in the Customer account being frozen until payment is made.
- For any change in the payment scale or level of service, the new rate will be charged to Customer’s payment account at the start of the next billing cycle. There will be no prorating for downgrades or cancellations that occur between billing cycles.
- Fees do not include taxes, levies or duties that are imposed by tax authorities. As required, the Company may collect taxes on behalf of the taxing authority to pay those taxes.
Cancellation and Termination
- Cancellation of the Service can be done through the Company or an Agent of the Company and must be in writing.
- Upon cancellation all content and services available through the Service will become inaccessible to the Customer.
- If cancellation is made before the end of a paid month, cancellation will take effect at the end of the month and the Customer will not be charged again. If the Customer requests immediate cancellation, the unused days will not be prorated in the final billing cycle.
- In the case of cancellation all paid for services and fees will be forfeited including but not limited to setup fees, monthly fees, training fees, customization fees, management fees, custom phone number fees, and/or any other fees paid as part of the Customer’s agreement and use of the Product.
- The Company, at its sole discretion, at any time and for any reason, retains the right to suspend or terminate your account and disallow current and future use of the Service. This will result in the blocking of the account and the forfeiture of all content on the account. The Company reserves the right to refuse service to anyone at any time for any reason.
Modifications to the Service and Prices
- The Company reserves the right to periodically add, change, or discontinue either for a certain period of time or permanently, any part of the Service at any time and with or without notice.
- The price of the Service(s) are subject to change. The Customer will be informed of any change via the email address given at registration.
- The Company will not be held liable to the Customer or any other party for any price change, suspension, or dissolution of the Service.
Copyright and Content Ownership
- Content posted or sent using the Service must comply with U.S. copyright law.
- The Company does not pre-screen content, however the Company reserves the right at their sole discretion to remove any content that is posted or sent using the Service.
- The Service is provided “as is” and the Customer’s use of the Service is at their own risk.
- The Customer understands that the Service uses third party vendors and hosting services to provide the necessary tools and technology to run the Service.
- The Customer is not allowed to change, adapt, or hack the Service.
- The Customer agrees not to copy, reproduce, resell, or exploit any part of the Service, use of the Service, or their access to the Service without the written permission of the Company.
- The Company retains the right, but has no obligation to remove content, data, and accounts, that at the Company’s sole discretion are deemed unlawful or violating another party’s intellectual property or these Terms of Service.
- Using the Service to abuse any individual or group of individuals will result in the account being terminated immediately.
- The Customer understands that the Service, its functionality and transmission, including content, may involve the unencrypted transfer of data over different networks. Changes may also be made to adapt to the different technical requirements of connecting to networks or devices.
- The Company at its own discretion reserves the right to suspend a Customer’s use of the Service based on abnormal or overuse of the Service. Overuse is classified as more than 2 text messages per room per day. In such a scenario, the Company will reach out to the Customer to inform them of the decision and help them make appropriate changes so they may continue using the Service.
- The Company does not guarantee or warrant that the service will meet all the specifications a Customer may require, that the Service’s functions will be uninterrupted, timely, secure, or without error, or that the Service’s output and data will be accurate or reliable. The Company also does not guarantee that the quality of the Service, interactions with the Company, or information obtained using the Service will meet your expectations and that any errors will be corrected.
- The Company and its agents will not be held liable for any direct, indirect, or consequential damages, loss of profit, or any other damages resulting from the use or inability to use the Service, as a result of any information obtained through the service, or affects the Service may have on the Customer’s relationship or standing with any 3rd party (even if the Company has been advised of any potential damages). This includes but is not limited to losses due feedback acquired through the Service, unauthorized access or changes to the Customer’s messages, content, or data, actions any 3rd party may take against the Customer as a result of using the Service, or any other matter relating to the Service.
- The Company’s failure to enforce any provision or right of these Terms & Conditions does not constitute the annulment of those provisions or rights. These Terms & Conditions constitute the entire Terms & Conditions agreement made between the Company and Customer and supersedes any other agreements between the Company and Customer including, but not limited to, past versions of the Terms & Conditions.
- Any questions of clarification about the Terms & Conditions should be directed to firstname.lastname@example.org. Any additional features that enhance or augment the current Service will be subject to these Terms & Conditions. Continuing to use the Service after these additions or changes constitutes the Customer’s consent of those additions or changes.