This Agreement governs your acquisition and use of our services offered on www.feedbacksync.com. By accepting this Agreement, whether through registering on our website, clicking an acceptance box, executing an order form, or any other documentation referencing this Agreement, or by using the services, you indicate your agreement to be bound by the terms and conditions stated herein. If you are entering into this Agreement on behalf of a company or another legal entity, you affirm that you have the authority to bind such entity and its affiliates to these terms and conditions. In such cases, the terms "you" or "your" refer to the entity and its affiliates. If you lack the necessary authority or disagree with these terms and conditions, you must not accept this Agreement and are not authorised to use the services.
If you sign up for a free plan or trial of our services, the relevant provisions of this Agreement will govern your use of those services.
For the purposes of this Agreement, the following definitions and rules of interpretation shall apply.The following definitions and rules of interpretation apply to this Agreement:
"Agreement" refers to this Terms of Service, including any amendments.
"Term" refers to the duration of the provision of Services under this Agreement, including any renewal term, unless terminated earlier according to the terms stated herein.
"Representatives" refers to the employees, officers, representatives, permitted assigns, or subcontractors of either Party involved in the provision or receipt of Services.
"Services" refers to Feedback Sync proprietary software-as-a-service solutions, including the Dashboard, Feedback Sync application programming interfaces (APIs), Feedback Sync Code, and Feedback Sync Apps, as described in the relevant Order Form.
"Third-Party Platform" refers to any software, software-as-a-service, data sources, or other products or services not provided by Feedback Sync but integrated with the Services.
"We," "Us," or "Our" refers to Feedback Sync (Proprietory of Peacock India) based in the india.
"You" or "Your" refers to an individual, a company, or other legal entity that registers with us to obtain a Feedback Sync Account and has access to use the Services, including its Affiliates.
"Account" refers to the Feedback Sync account created by You.
"User" refers to an individual authorised by You to use Our Service, for whom You have purchased a subscription (or, in the case of free Services, for whom a Service has been provisioned), and to whom You (or, when applicable, Us at Your request) have provided a user identification and password (for Services utilising authentication). Users may include Your employees, consultants, contractors, agents, and third parties with whom You transact business.
"Privacy Policy" specifies the types of personal data obtained by Feedback Sync (Proprietory of Peacock India). through the FeedbackSync.com website, Our product, and services offered by Us, how we may use that personal information, with whom we may share it, and how You can exercise Your rights relating to Our processing of that data. The Privacy Policy also describes the measures we take to secure Your personal data and how You can contact Us to learn more about Our privacy practices.
"Security Features" refers to any security feature, including encryption, pseudonymization, keys, PINs, passwords, tokens, or smart cards.
"Standard Contractual Clauses" refers to the contractual clauses governing the transfer of Personal Data outside the European Economic Area (EEA), which have been approved by (i) the European Commission under Data Protection Legislation or (ii) by the appropriate competent authority, such as the Indian Data Protection Authority, under Data Protection Legislation.
"Order Form" refers to the agreement for the purchase of a subscription to Our Services under this Agreement, including any addenda and supplements, entered into between You and Us from time to time. Order Forms are considered incorporated into this Agreement by reference. By entering into an Order Form pursuant to this Agreement, You agree to be bound by the terms of this Agreement.
By agreeing to these Terms of Service, you confirm that you have reached the legal age of majority as per the applicable law in your state or province of residence. You also certify that you are not located in any territory that is subject to government embargoes or designated as a "terrorist-supporting" country. Additionally, you confirm that you are not listed on any government list of prohibited or restricted persons. The contact and billing information provided, or to be provided, by you must be true, accurate, up-to-date, and complete. Furthermore, the use of our Services/site by any of your minor dependents will be deemed to be under your express consent.
You shall not use or permit the use of Feedback Sync's products for any illegal, harmful, fraudulent, or unauthorised purposes. You must also comply with all applicable laws in your jurisdiction, including data protection laws, when using the Service. If you become aware of any unauthorised use of our products or suspect any breach of security or these Terms, you must immediately notify us. You are prohibited from transmitting any viruses, spam (including all unlawful marketing communications or unsolicited commercial communications), or any code that may cause harm. Violation of any of the terms contained herein will result in the immediate termination of our Services to you under this Agreement, without prior notice. We reserve the right to refuse the Services, suspend, or close your Account for any valid reason at any time.
You acknowledge that your content (excluding credit card information) may be transferred and processed through various networks, and may undergo changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
Unless otherwise specified, (a) the Services and access to Account content are purchased as subscriptions, (b) subscriptions may be added during a subscription term at the same pricing as the underlying subscription, prorated for the remaining portion of that subscription term, and (c) any added subscriptions will terminate on the same date as the underlying subscriptions.
The Services and content provided by Feedback Sync are subject to usage limits, including quantities. Unless otherwise stated:
If you exceed a contractual usage limit, we will work with you to reduce your usage to comply with the limit. If, despite our efforts, you are unable or unwilling to adhere to the usage limit, you will be required to promptly subscribe to additional quantities of the applicable Services or content upon our request, and you may be liable to pay any additional charges for the excess usage.
The following activities are strictly prohibited on the Feedback Sync platform, and if any of these activities are discovered, we will take immediate action to suspend your Account:
You are solely responsible for ensuring that Users comply with this Agreement. You are also responsible for the accuracy, completeness, quality, transmission, content, and legality of Your Data (as defined in the Data Protection Addendum) and the methods by which you obtained that data. You must make commercially reasonable efforts to prevent unauthorised and unlawful access to or use of the Services and content, and promptly notify us of any such unauthorized access or use. You must use the Services and content in accordance with this Agreement and applicable laws, rules, and government regulations. Furthermore, you acknowledge and agree that any actions or omissions by a User on your behalf, including placing a Service Order Form and its contents, are deemed authorized actions by you, and therefore you shall have no claim in this regard.
You agree to the following use restrictions:
(a) You will not make any Services or content available to or use any Services or content for the benefit of anyone other than yourself or authorised Users, unless expressly permitted by us.
(b) You will not sell, resell, licence, sublicense, distribute, make available, rent, lease, or include any Services or content in a service bureau or outsourcing offering.
(c) You will not use our Services to store or transmit infringing, libellous, or otherwise unlawful or tortious material, or to store or transmit material that violates third-party privacy rights.
(d) You will not use our Services to store or transmit malicious code.
(e) You will not interfere with or disrupt the integrity or performance of any Service or third-party data contained therein.
(f) You will not attempt to gain unauthorised access to any Services or content, or its related systems or networks.
(g) You will not permit direct or indirect access to or use of any Services or content in a way that circumvents a contractual usage limit, or use any of our Services to access or use any of our intellectual property except as permitted under this Agreement.
(h) You will not copy a Service or any part, feature, function, or user interface thereof.
(i) You will not copy content except as permitted herein.
(j) You will not frame or mirror any part of any Services or content, except for framing on your own intranets or for your own internal business purposes as permitted under this Agreement.
(k) You will not access any Service or content in order to build a competitive product or service, or to benchmark with any product or service.
(l) You will not reverse engineer any Service.
Any use of our Services that violates this Agreement, by you or any Users, and is determined by us to threaten the security, integrity, or availability of our Services, may result in immediate suspension of the Services. However, we will make commercially reasonable efforts under the circumstances to provide you with notice and an opportunity to remedy such violation or threat before taking suspension action. Failure to remedy the violation or threat may result in immediate termination.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services or any content on the website or product through which the Service is provided, without obtaining our prior written consent.
When you create an account and agree to these Terms, it establishes the Agreement between you and Feedback Sync, and the duration of the Agreement (referred to as the "Term") begins. The Term will remain in effect as long as you maintain an active Feedback Sync account or until either you or Feedback Sync terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or another entity, you confirm that you have the authority to accept these Terms and enter into the Agreement on their behalf.
These Terms and the use of the Services do not grant you ownership of the Services or the content you access through the Services, except for your own content. Unless explicitly granted written permission, nothing on our website or in this Agreement should be interpreted as granting you any licence or right to use any trademarks, trade names, logos, or other brand elements displayed on the website. These Terms do not provide Feedback Sync with any licences or rights to your content, except for the limited rights necessary for Feedback Sync to provide the Services as described in these Terms.
You also affirm that you either own or have the necessary rights to your content, including any intellectual property owned by third parties. You agree not to submit, upload, or make available through the Services any content or materials that: (i) you do not have the rights to use, transmit, publish, or grant Feedback Sync the license described herein, or (ii) infringe, misappropriate, or otherwise violate any intellectual property, publicity, or other rights of any third party.
If you enable any third-party applications to work with Feedback Sync, you acknowledge that we may allow such providers access to your data. We act as an intermediary platform between you and the third-party services and will not be responsible or liable for any actions or omissions related to or resulting from the provision of third-party services to you. Your use of third-party applications and your relationship with third-party service providers will be subject to a separate agreement between you and the respective provider. We will no longer be held accountable or liable for any disclosure, modification, or deletion of your data resulting from such access by third-party applications. We do not sell your data to any third-party applications.
We reserve the right to discontinue or suspend the availability of any third-party service in Feedback Sync without prior notice and for any reason.
Neither party will use or disclose the confidential information of the other party without prior written consent, except for the purpose of fulfilling its obligations under this Agreement or as required by law, regulation, or court order. If compelled to disclose confidential information, the party being compelled will provide notice to the other party as reasonably practicable before disclosing the information.
Neither party shall disclose the confidential information of the other party to any person or entity other than its officers, employees, consultants, or contractors who require access to such information to fulfill the purpose of the Agreement and have entered into written confidentiality agreements at least as restrictive as those contained herein.
You are responsible for maintaining and complying with an appropriate privacy policy that clearly outlines your rights to your personal information, satisfies the requirements of applicable data protection laws, and complies with all relevant laws, policies, and regulations. You must not bypass any privacy features, such as opt-outs, that are part of Feedback Sync.
Please review our Privacy Policy for information on how we collect, use, and disclose your personal information in Feedback Sync, as well as the privacy rights available to you. By using Feedback Sync, you agree that we may use and share your content in accordance with our Privacy Policy and applicable data protection laws.
We acknowledge that all intellectual property rights in your content belong to you and/or the relevant data subjects as defined in the Data Protection Agreement (DPA), as applicable. We respect your ownership of the content and/or data collected by you, and we do not claim any rights to it except for the right to process it for the purposes outlined in this Agreement. You retain the right to access, modify, delete, and transfer your content and/or data. If we agree to process your data on your behalf for the performance of our obligations under this Agreement, you agree to be bound by our Data Processing Agreement (DPA), which is incorporated into and forms an integral part of these Terms. The DPA sets out our obligations with respect to data protection and security when processing your content on your behalf in connection with the Feedback Sync service. Please refer to our DPA document to learn more about our commitment and obligations to you regarding data protection and security.
You represent and warrant that:
(i) You will comply with all laws and regulations applicable to your use of the Feedback Sync service.
(ii) You have obtained and maintained all necessary rights, licences, permissions, authority, and valid consents to lawfully transfer data to us and enable its lawful processing for the purposes of providing the Feedback Sync service or as otherwise directed by you.
(iii) The data you submit, your use of such data, and our use of such data provided by you as set forth in these Terms do not and will not infringe or violate any intellectual property rights, data protection rights, or any other rights of third parties.
(iv) If you collect any personal information pertaining to a minor and store such information within your Feedback Sync Account, you have obtained valid consent for such activities in accordance with the applicable laws of the jurisdiction in which the minor resides.
(v) The credit card information you provide is accurate, up-to-date, and correct if you have elected to pay the fees by credit card, and you will promptly notify us of any changes to such information.
We provide pricing plans for the Feedback Sync service on our website, which may be subject to change.
The charges for our annual plans are posted on our website and may be subject to change. Payments are due on the same date or the closest date to when you made your first payment ("Pay Date"). If you exceed your usage limit and reach another pricing level, you will be required to pay at the higher level on or before the next Pay Date. If the Term ends before that payment is due, you will still be required to make the payment at the higher level.
Feedback Sync may, at its sole discretion, offer a one-time discount on the listed pricing ("Discounted Price") applicable to paid subscription services. You acknowledge that you are entitled to such Discounted Price only for the initial term of the subscription period. Upon renewal, you will be required to pay the standard subscription fee in accordance with the terms of the pricing plan published on our website.
As long as you are a member of the Feedback Sync service or have an outstanding balance with us, you agree to provide valid credit card information and authorise us to deduct the subscription charges from that credit card. You will update the information for any expiring credit card with information for a valid one. By using a credit card, you represent and warrant that you are authorised to use it and that any and all charges may be billed to that credit card without rejection. If we are unable to process your credit card transaction, we will attempt to contact you by email and transition the Account to a free plan if there is no action taken.
You have the option to terminate your Feedback Sync Account by providing us with a written notice at least 30 days in advance. You can choose to discontinue using the Services or stop availing them whenever you wish. However, please be aware that if you terminate your Account during a subscription period, no refunds will be issued.
We reserve the right to terminate your Feedback Sync Account under the following circumstances:
(i) You have significantly violated any of the terms or provisions outlined in this Terms of Service;
(ii) You cease your business operations;
(iii) You become insolvent.
Additionally, we may limit, suspend, or terminate your Account at any time if we have reasonable grounds to believe that:
(i) You have failed to comply with the terms stated herein;
(ii) Your use of the Feedback Sync Account exposes us to legal or financial liabilities;
(iii) There is suspected misconduct on your part;
(iv) You have failed to make timely payment of subscription fees;
(v) We have suffered losses or damages as a result of your intentional or negligent actions. You will remain responsible for any outstanding amounts owed up to the date of termination. We may also deny you access to the Services (or any portion thereof). Please note that we shall not be held liable for any losses or damages incurred by you due to your violation of the terms stated herein.
Your obligations and liabilities, including any outstanding payments incurred prior to and until the termination date, will continue to be in effect after the termination of this Agreement.
Neither party shall be held accountable or liable for any delay or failure in performing any part or the entirety of the Services if such delay or failure is caused by circumstances beyond their control. These circumstances may include, but are not limited to, acts of God, changes in laws or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power outages, volcanic activity, unusually severe weather conditions, hacking incidents, or actions of third-party internet service providers.
To the maximum extent permitted by applicable law, except as expressly provided in this agreement, the Services and any guidance or recommendations provided therein are provided "as is" without any representation, warranty, and/or condition of any kind, whether express, implied, statutory, or otherwise. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, or any representations regarding the availability, reliability, or accuracy of the Services.
To the extent permitted by applicable law, Feedback Sync, its officers, employees, consultants, contractors, and agents will not be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages of any kind or nature whatsoever, including lost revenues, loss of data, loss of business, business interruption, or other similar damages arising out of or in connection with the Services or these Terms. Even if Feedback Sync or its subsidiaries and affiliates have been advised of the possibility of such damages, and even if direct damages do not provide a remedy, Feedback Sync's liability will be limited in respect of any one incident or series of connected incidents to the Subscription Fees paid by you in the previous 12 months. If you are not satisfied with the Service, your only remedy will be to terminate this Agreement by notifying us that you no longer wish to use our Services.
Feedback Sync shall not be held responsible or liable for any loss, damage, or expenses resulting from the modification or alteration of the Services by any unauthorised party. Furthermore, Feedback Sync may, at its sole discretion, alter, modify, or change any feature or part of the Services without being liable to you in any manner whatsoever.
Subject to your compliance with these Terms, Feedback Sync will indemnify and hold you harmless from any claim brought against you by a third party alleging that the Service(s) you subscribed to infringe or misappropriate such third party's valid patent, copyright, or trademark (an "IP Claim"). Feedback Sync shall defend such IP Claim at its expense and pay damages finally awarded against you in connection therewith, including the reasonable fees and expenses of attorneys, provided that you promptly notify Feedback Sync of the threat or notice of such IP Claim, Feedback Sync has sole and exclusive control and authority to select defence attorneys, defend and/or settle any such IP Claim, and you fully cooperate with Feedback Sync. Feedback Sync will have no liability or obligation with respect to any IP Claim if such claim is caused in whole or in part by your compliance with designs, data, instructions, or specifications provided by you, modification of the Service(s) by anyone other than Feedback Sync, or the combination, operation, or use of the Service(s) with other hardware or software where the Service(s) would not, by themselves, be infringing.
The above section states Feedback Sync's sole, exclusive, and entire liability to you and constitutes your sole remedy with respect to an IP Claim brought by reason of access to or use of the Service(s) by you.
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Feedback Sync and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any and all claims, costs, damages, losses, liabilities, and expenses (including reasonable attorneys' fees and costs) made by any third party arising out of any breach of this Terms of Service or the documents incorporated by reference, or your violation of any law or the rights of a third party, including infringement and misappropriation of IP Claims.
By using our Services, you accept and authorise Feedback Sync to use your name and logo to identify you as a customer and user of the Service on our website, marketing materials, or any other public announcements.
You are not permitted to assign any of the rights granted by us in this agreement or delegate any of your obligations to any third party without our prior written consent.
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent permitted by law, and the unenforceable portion will be considered severed from the rest of the Terms of Service. This determination will not affect the validity and enforceability of the remaining provisions.
The parties to this agreement are independent contractors. Nothing in this Agreement will be construed to create a partnership, joint venture, franchise, fiduciary, employment, or agency relationship between the parties.
You acknowledge and agree that the Services provided are non-exclusive. This means that we have the right to provide the Services, including any features or functionality first developed for you, to other parties without restriction.
You can always find the most up-to-date version of the Terms of Service on our website.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. If there are any material changes to the Terms of Service, we will notify you by email using the email address you provided during Account creation. If you have opted out of our email notifications, it is your responsibility to regularly check this page for any changes. Your continued use of our website or the Services after any changes to the Terms of Service constitutes your acceptance of those changes.
This Terms of Service, along with any policies or operating rules posted by us on this site or related to the Service, constitutes the entire agreement and understanding between you and us, governing your use of the Service. It supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any previous versions of the Terms of Service). Any subsequent Service Order Form entered into between you and us will be considered incorporated by reference into this Terms of Service and will form an integral part of it. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party responsible for drafting them.
In the event of any conflict between the provisions contained in the Terms of Service and a subsequent Service Order Form, the provisions of the Service Order Form shall prevail to the extent of such conflict.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Each party agrees to submit to the exclusive jurisdiction of the courts located in India.
The terms of this Agreement shall be governed by the laws of the State of tamilnadu. In the event of any conflicts between foreign laws, rules, and regulations, the laws of Tamilnadu shall prevail. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.
The parties confirm their intention for this Agreement, as well as other related documents, including notices, to be drafted in the English language only.
Any notices required or permitted to be given under this Agreement or related to Feedback Sync's services should be addressed to:
Feedback Sync (Proprietory of Peacock India), India.
All notices related to this Agreement will be in writing and will be effective upon Feedback Sync's receipt of your email to [email protected]. Billing-related notices to you will be addressed to the relevant billing contact designated by you. All other notices to you will be addressed to the relevant person designated by you.
Contact - Feedback Sync (Proprietory of Peacock India).
If you have any questions about the terms of service, please send us an email to [email protected].
