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Guestify Terms Of Service

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Revised 04/06/2022

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Guestify Terms of Service
The following terms and conditions (our Agreement) govern the use of the services made available on the Guestify website (our Site), which are provided to you subject to your compliance with these terms and conditions and any other operating rules, policies (including, without limitation, Guestify’s Privacy Policy) and procedures that may be published from time to time on this Site by Guestify. By accessing and/or using our Site and our services, you are agreeing to be bound by the terms and conditions of this Agreement, which constitute a binding legal agreement between us. In some cases, your use of certain services may be subject to additional terms, which will be presented to you when you sign up to use or engage in those services.
Guestify Services
Guestify provides a comprehensive solution for conducting customer feedback. Our Services may change from time to time, or we may stop (permanently or temporarily) providing our Services (or any features therein) to you or to users generally. We reserve the right to create limits on access and use of the Services in our sole discretion. We may make available certain software to install on your website in order to access and use our Services. As long as you comply with the terms of this Agreement, you have the right to install and use our software to access and use the Services, for your own website (and not for use with other websites). This license is for the sole purpose of enabling you to use the Services, in the manner permitted by the terms of this Agreement. You may not copy, modify, distribute, sell, or lease our software or any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of our software, unless laws prohibit those restrictions or you have our written permission.
‍Changes in Terms of Service
Guestify may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the Guestify website. If an amendment is fundamental, as determined in Guestify’s sole discretion, Guestify will notify you by email. Notice of amendments may also be posted to Guestify’s blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Guestify to obtain your consent to such changes, or to provide you with sufficient advance notice of them.
Changes in ServicesGuestify constantly changes and improves the Services. Guestify may add, alter, or remove functionality from a Service at any time without prior notice. Guestify may also limit, suspend, or discontinue a Service at its discretion. If Guestify discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Data from that Service. Guestify may remove content/data from the Services at any time if Guestify deems the content/data violates applicable law, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
DowngradesDowngrading your account plan may cause the loss of content, features, functionality, or capacity of your account.
Your Guestify Account
In order to use our Services you will need to register and create an account. By creating an account, you represent that (i) the information you provide is truthful and accurate; (ii) you are of legal age to agree to the terms of this Agreement; and (iii) your use of our Services does not violate any applicable law or regulation or the terms of this Agreement. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your use of our Services. You must immediately notify Guestify  of any unauthorized uses of your account or any other breaches of security. Guestify will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. By creating an account, you agree that Guestify may send you periodic product updates and other communications, which are considered part of the Services and your account, which you may not be able to opt-out from receiving.
Acceptable Use PolicieUse of the Services
You are responsible for your use of the Services and you agree that you will only use our Services in compliance with the terms of this Agreement and all applicable laws and regulations.You may not describe or assign keywords to your survey in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Guestify may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Guestify liability.
Privacy
You agree to publish and abide by an appropriate privacy policy that adequately describes the collection, use and sharing of any information you collect from users of your website using the Services. You further agree to comply with all applicable laws relating to your collection, use and sharing of the information you collect from users of your website using the Services. You will not (and will not allow any third party to) use our Services to track or collect personally identifiable information of users without properly informing your users of your specific data collection practices.Data Protection Addendum: If you are a paying subscriber to the Services, to the extent that Guestify processes any Personal Information (as defined in the DPA) contained in User Content that is subject to the GDPR For the purposes of the Standard Contractual Clauses attached to the DPA, when you are the data exporter, your agreeing to these Terms of Service shall be treated as signing of the DPA, including, without limitation, the Standard Contractual Clauses and their Appendices.
Content If you operate a survey, post information or materials to the Services, post links through the Services, or otherwise make (or allow any third party to make) any content, information or other materials available by means of the Services (collectively referred to as, Content), you are entirely responsible for that Content, and any harm resulting from that Content. This is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By providing or making Content available, you represent and warrant that: the distribution, display and use of the Content (through the Services) will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; you have permission from your employer or the owner of the Content to display, post or make available the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your survey is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods; your survey is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your survey’s name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Guestify or otherwise. By submitting Content to Guestify for inclusion on your website, you grant Guestify a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your survey. If you delete Content, Guestify will use reasonable efforts to remove it from the Services, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Enforcement Without limiting any other remedies, Guestify has the right (though not the obligation) to, in Guestify’s sole discretion (i) refuse or remove any Content that, in Guestify’s reasonable opinion, violates any Guestify policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in Guestify’s sole discretion.
Fair Use Policy For the purpose of this agreement, ‘unlimited’ is defined as what the vast majority of users or customers will utilize in any given month. In order to prevent misuse of the Service beyond its intended and customary use (e.g. but not limited to, resale, large third party services or mass market use, sharing of accounts etc) and to ensure good service response time to all, usage with significant amount of content, 5000 responses, 1 Million views, 5 domains or those that otherwise create a significant system load, at Guestify sole discretion, may be charged an extra fee or service may be permanently terminated or temporarily blocked (as deemed suitable by the company in its sole discretion).You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or availability or functionality of the Services for other users. Guestify will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Guestify or compensate us by paying an additional fee, as applicable. Guestify shall have sole discretion with respect to whether your usage constitutes abusive or excessive use.Guestify may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we suspend or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a report/s from that Service. However, there may be time sensitive situations where Guestify may decide that we need to take immediate action without notice. Guestify has no obligation to retain your data upon termination of the applicable Service.
Unauthorized Activities
You may not do any of the following while using or accessing the Services: attempt to access or search the Services or download content from the Services through the use of any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browsers; access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers; gather and use information, such as other users’ names, real names, email addresses, available through the Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; use the Services for the benefit of any third party or in any manner not permitted by the terms of this Agreement; violate any applicable law or regulation; or encourage or enable someone to do any of the foregoing. We reserve the right to access, read, preserve, and disclose any information provided through the Services we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Guestify, our users and the public.
Fees and Payment
We charge fees for the use of certain features or aspects of our Services, which are described with those features and services. These fees are subject to change at any time. You agree that we may charge your payment account and that you will pay the applicable fees assessed to your account for the services you have purchased. Some services may start with a free trial. Your RepresentationsYou represent and warrant that (i) you have the necessary power and authority to enter into this Agreement (if you are agreeing to these terms on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to this Agreement) and (ii) your use of the Services will be in strict accordance with this Agreement, the Guestify Privacy Policy, the applicable Acceptable Use Policy and all applicable laws and regulations (including without limitation any local laws or regulations in your country, regarding online conduct and acceptable content, and the transmission of personal data to the United States from the country in which you reside) and will not infringe, violate or misappropriate the rights of any person or third party.
Termination
You can terminate your account at any time by deactivating your account or by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of any terms in this Agreement. Upon termination, all rights and licenses granted to you in this Agreement immediately end. If your account or access to our Services is terminated or suspended because you violated this Agreement, you will not be entitled to any refund of any fees nor will any fees be credited or reimbursed to you in any form and you will have no further right to access any of the foregoing or your account.
Refund Policy
If you cancel part way through a month, quarter, or year, you will retain account access until the end of the billing cycle. Once your subscription terminates, your account will move to a dormant state, and you will no longer be able to access the data associated with your account. You will not be charged again and no refunds will be given for the remaining paid-up time.There will be no refunds or credits for partial periods of service or refunds for months unused, nor can we append “unused time” to your account should you wish to reactivate in the future.
Information and Intellectual Property Rights
Guestify may retain and use, subject to the terms of its Privacy Policy, information collected in your use of the Services. Guestify will not share information associated with you or your website with any third parties unless Guestify(i) has your permission; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Guestify, our users or the public; or (iii) provides such information in anonymous or aggregated form provided that such information is not identifiable of you. You agree that Guestify may identify you (or your company and use your company’s logo) on the Site and in marketing materials to identify you or your company as a user of the Services, and you hereby grant us a non-exclusive, royalty-free license to do so on our Site or in any media now or later developed in connection with any marketing, promotion or advertising of the Services. If you provide suggestions, ideas, feedback, or recommendations to us regarding our Services (Feedback), we will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such Feedback as we see fit, without any obligation or restriction of any kind to you. Our Services and our Site are protected by copyright, trademark, and other laws of the United States and foreign countries. Guestify and its licensors exclusively own all right, title and interest in and to the Services and the Site, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or the Site. All rights not granted to you under this Agreement are reserved.
Indemnification
You agree to indemnify and hold harmless Guestify, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of (i) your use of the Services (other than as expressly permitted by this Agreement), including but not limited to a breach or violation by you of this Agreement, and (ii) the accessing and use of any user data in order to provide the Services to you.
Disclaimers
The Services and the Site are provided on an “AS IS,” “AS AVAILABLE” and “WHERE-IS” basis with no warranty of any kind. Guestify and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements or that the Services or Site will be available on an uninterrupted, secure, or error-free basis. Our Services may display, or contain links to, third party products, services, and websites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our Services, or which is accessible through or may be located using our Services (Third Party Content) are those of the respective authors or producers and not ours.We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. Through our Services, you may be exposed to content that is offensive, indecent, or objectionable. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Services.
Limitation of Liability IN NO EVENT WILL QUALAROO, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO QUALAROO UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. Guestify shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Miscellaneous
This Agreement constitutes the entire agreement between Urizon Solutions, LLC. Your continued use of or access to the Services once those terms take effect constitutes acceptance of those changes. This Agreement, any access to or use of the Services will be governed by the laws of the state of California, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement without Guestify’s written consent. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns 
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