- The Company can refuse registration or cancel an account in its sole discretion at any time.
- You are responsible for using the Service in a private and secure manner. The Company is not liable for any damage or loss due to unauthorized account access resulting from your actions, such as sharing your account password or not logging out of the Service.
- You may not register accounts with unauthorized automated methods ("bots").
- You may not use the Service for any illegal activity or to violate laws in your jurisdiction.
- You may not use the Service to distribute unsolicited email ("spam") or malicious content such as viruses or worms.
- You may not exploit the Service to access unauthorized information.
- Any abuse or threatened abuse of other users of the Service or of Company personnel will result in immediate account termination.
- Any failure of the Company to enforce or exercise a right provided in these terms is not a waiver of that right.
- Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.
- This Terms of Service constitutes the entire agreements between you and the Company and supersedes any and all previous agreements, written or oral, between you and the Company, including previous versions of the Terms of Service.
- These Terms of Service shall be governed by and construed in accordance with the laws of Spain, without giving effect to principles of conflicts of law. You and the Company each agree that any action at law or in equity arising out of or relating to these Terms of Service will be filed only in Spain, and hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Payment, Refunds, Upgrading and Downgrading Terms
- The registration is always for a free demo plan, and the process do not require a payment method.
- An upgrade from the free demo plan to any paid plan will end your free trial. Notwithstanding the above, you will be billed for your first month immediately upon upgrading.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- According to the European Union Taxes laws, fees may be inclusive the Spanish VAT (we are based in Spain) depending on your location:
- If you are based in Spain (excluding Canarias, Ceuta and Melilla), you will be charged the 18% Spanish VAT rate.
- If you are an individual based in the European Union, you will be charged the 18% Spanish VAT rate.
- If you are a company based in the European Union, you will not be charged the Spanish VAT rate.
- If you are based outside European Union, you will not be charged the Spanish VAT rate.
- Downgrading your Service may cause loss of features or capacity of your Account. The Company does not accept any liability for such loss.
Cancellation and Termination
- You may request the cancellation of your subscription at any time by clicking the “Request cancellation” button from the subscription status page. From that time on you will not be charged again any monthly fee, but you will be able to use your account until the end of the current billing cycle as you already paid for it.
- After requesting the cancellation, once the current billing cylce is over, your account will transition to “Cancelled subscription” status and you will no longer be able to enjoy your Reporting Suite plan, losing access to all the functionalities.
- The Company reserves the right to suspend or terminate your account at any time for any reason, and is not liable for any damage or loss resulting from such suspension or termination.
Modification to Service and Fees
- The Company reserves the right to modify, suspend, or discontinue the Service for any reason, with or without notice.
- The Company reserves the right to modify any prices of the Service (such as the subscription fees) or the definition of the plans.
Copyright, Ownership, and Data Security
- The Company owns intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Service owned by the Company.
- The Company is not liable for any damages or losses resulting from the Service transmitting information such as invoices and personal messages over unencrypted networks such as email.
Account Holder Terms
Compliance with Laws.Account Holder will not, will not agree to, and will not authorize or encourage any third party to (a) interfere or attempt to interfere with the proper working of the Service or any other Account Holder’s use of the Service, including through abuse of server capacity; or (b) use the Service for any fraudulent or unlawful purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, at The Company’s sole discretion, and may subject Account Holder to state and federal penalties and other legal consequences. The Company reserves the right, but will have no obligation, to review Account Holder’s use of the Service in order to determine whether a violation of this Agreement has occurred or to comply with any applicable law, regulation, legal process, or governmental request.
Representations and Warranties.Without limiting any other representation, warranty or covenant herein, each party hereby represents and warrants to the other party that: (a) it has the full right, power and authority to enter into this Agreement; (b) this Agreement is a valid and binding obligation of such party; and (c) it has obtained and shall maintain throughout the term of this Agreement all necessary licenses, authorizations, approvals and consents to enter into and perform its obligations hereunder in compliance with all applicable laws, rules and regulations.
Indemnification.Each party agrees to defend, indemnify and hold the other party and its affiliates harmless from and against any third-party claim and any related losses, costs, liabilities and expenses, including reasonable attorneys’ fees, arising out of the breach of any representations, warranties or covenants made by such party herein, or out of such party’s negligence or willful misconduct. Each party (the “Indemnified Party”) reserves the right, at the other party’s expense, to assume the exclusive defense and control of any matter for which the other party is required to indemnify the Indemnified Party and the other party agrees to cooperate with the Indemnified Party’s defense of such claims.
Warranties; Disclaimers.The Company hereby represent and warrants that the Service as contemplated herein will infringe on the rights of any third parties or violate any applicable laws or regulations, including, without limitation copyright, trademark and patent laws. UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICE, AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.
Limitation of Liability and Damages.UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF SUCH PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL EITHER PARTY’S OR ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY ACCOUNT HOLDER TO USERVOICE HEREUNDER.
Account Holder Data.As between the parties, Account Holder shall retain all right, title and interest in and to all documents, messages, graphics, logos, images, files, data and other information transmitted through the Service by Account Holder (collectively, the “Account Holder Data”), provided, however, that Account Holder hereby grants to the Company a worldwide, royalty-free, fully sublicenseable, non-exclusive license to use the Account Holder Data solely for the purposes of implementing and maintaining the Service and fulfilling its obligations hereunder. Notwithstanding the foregoing, “Account Holder Data” does not include non-identifiable aggregate data and usage statistics compiled by the Company in connection with Account Holder’s use of the Service, which data and statistics each party may use in its discretion (but which the Company may not disclose to any third party in a manner that identifies Account Holder in connection therewith), and which the Company shall make available to Account Holder on an ongoing basis during the term hereof.