Last Updated: July 25, 2023
1.1 You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you are at least 18 years of age. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to SnapFeedback.
2. User Accounts and Account Security
2.1 To access some or all of our Services, you may need to register for an account. You must provide accurate account information and promptly update this information if it changes. You are responsible for maintaining the security of your account and must promptly notify us if you discover or suspect that someone has accessed your account without your permission. You are responsible for the activities of users who access our Services through your account, regardless of whether you have permitted them to use your account. SnapFeedback reserves the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
3. User Content
3.1 User Content and Ownership: Our Services analyze engagement and participation in videoconferences through the video and audio content and other content, such as messages, texts, photos, and other materials, as applicable that you share through or upload to the Services (collectively, “User Content”). You retain ownership of your User Content, and except for the license you grant in Section 3.2, as between you and SnapFeedback, you retain all other rights in and to your User Content.
3.2 Use of User Content: In order to provide the Services to you, SnapFeedback requires certain rights to access, analyze, and use your User Content. For this purpose, you grant SnapFeedback a non-exclusive and royalty-free license to use, reproduce, and analyze your User Content solely for the purposes of creating, providing, and improving our Services. When you post or otherwise share User Content on or through our Services, you understand and agree that your User Content and any associated information (such as your username or profile photo) may be visible to others.
3.3 Your Representations and Warranties: By sharing or otherwise giving us access to User Content, you represent and warrant that (a) you are the creator and owner of your User Content, or you otherwise have the necessary licenses, rights, consents, and permissions to grant the rights in these Terms, and (b) your User Content, and SnapFeedback’s use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You agree that, by using the Services, you are solely responsible for any User Content provided by you.
4. Prohibited Conduct and Content
(a) Prohibited Conduct. When using SnapFeedback’s Services, you agree not to violate any applicable law, contract, intellectual property right, or other third-party right, or commit a tort. You are solely responsible for your conduct while using our Services and agree not to:
– Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
– Use or attempt to use another user’s account without authorization from that user and SnapFeedback;
– Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
– Sell, resell, or commercially use our Services;
– Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
– Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
– Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
– Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
– Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services;
– Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
– Bypass or ignore instructions contained in our robots.txt file; or
– Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
(b) Prohibited Content. You may only post or otherwise share User Content that is non-confidential and that you have all necessary rights to disclose. You may not create, post, store, or share any User Content that:
– Violates these Terms or for which you do not have all the rights necessary to grant us the license described in Section 3 above;
– Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
– Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law;
– May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
– Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
– Impersonates, or misrepresents your affiliation with, any person or entity;
– Contains any unsolicited promotions, political campaigning, advertising, or solicitations;
– Contains any private or personal information of a third party without such third party’s consent;
– Contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
– In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose SnapFeedback or others to any harm or liability of any type.
(c) Our Enforcement. You understand and agree that enforcement of this Section 4 or any other provisions in these Terms with respect to conduct or User Content is solely at SnapFeedback’s discretion, and failure to enforce this section or such terms in some instances does not constitute a waiver of our right to enforce it in other instances. Additionally, you understand and agree that nothing in these Terms creates any private right of action on the part of any third party or any reasonable expectation that our Services will not contain any content that is prohibited by such rules or prohibited by law. Although SnapFeedback has no obligation to screen, edit, or monitor any User Content, SnapFeedback reserves the right, and has absolute discretion, to remove, screen, or edit any User Content posted or stored on our Services at any time and for any reason without notice.
(d) Parental Control Protections. Please note that parental control protections, such as computer hardware, software, or filtering services, may be commercially available to assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections should be available at: https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers
5. Ownership; Access Grant
(a) Ownership. SnapFeedback’s Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein or resulting from the Services, are owned by SnapFeedback or our licensors and are protected under both United Kingdom and foreign laws. Except as explicitly stated in these Terms, all rights in and to our Services are reserved by us or our licensors. This does not apply to your User Content, which at all times remains your property or the property of your licensors.
(b) Limited Access Grant. Subject to your compliance with these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use SnapFeedback’s Services for your own personal, non-commercial use. Any use of SnapFeedback’s Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and violate our intellectual property rights.
SnapFeedback and our logos, product or service names, slogans, and the look and feel of our Services are trademarks of SnapFeedback and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about SnapFeedback or our Services (collectively, “Feedback”). You understand and agree that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in SnapFeedback’s sole discretion. You understand that SnapFeedback may treat Feedback as non-confidential.
8. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may contact firstname.lastname@example.org
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to SnapFeedback for certain costs and damages.
9. Third-Party Services and Third-Party Vendors
As part of our Services, SnapFeedback may (a) integrate with technology or other products or services offered by third-party vendors, including video conferencing tools, or (b) provide information about or links to third-party products or services on our Services (collectively, “Third-Party Services”).
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless SnapFeedback and our officers, directors, agents, partners, and employees (individually and collectively, the “SnapFeedback Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms (including but not limited to paragraph 3(c)(ii) above; or (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights). You agree to cooperate with the SnapFeedback Parties in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the SnapFeedback Parties will have sole control of the defense and settlement, using counsel of SnapFeedback’s choice, of any such Claims.
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, SnapFeedback does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. While SnapFeedback attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of our Services.
Without limiting the foregoing, SnapFeedback takes no responsibility and assumes no liability for any User Content posted, stored, uploaded, accessed, or downloaded by you or any third party, or for any loss or damage thereto, incomplete or inaccurate User Content, or for any user conduct. SnapFeedback is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, SnapFeedback is not liable for any statements, representations, or User Content provided by its users in any public forum or other area.
12. Limitation of Liability
(b) In any event, the total liability of SnapFeedback and the other SnapFeedback Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to $100 USD.
(c) The limitations set forth in this Section 12 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of SnapFeedback or the other SnapFeedback Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release SnapFeedback and its affiliates, as well as their respective officers, directors, employees, agents, contractors, and representatives (collectively referred to as “SnapFeedback Parties”) from responsibility, liability, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in the United Kingdom, you agree that the Consumer Rights Act 2015 and other applicable consumer protection laws shall apply to these Terms and nothing in these Terms shall affect your statutory rights.
14. Transfer and Processing Data
By using SnapFeedback’s Services, you agree that SnapFeedback may process, transfer, and store information about you in the United Kingdom and other countries. You acknowledge that the data protection laws and regulations of these countries may not provide the same level of rights and protections as those in the United Kingdom. However, SnapFeedback will take appropriate measures to protect your personal data in accordance with applicable data protection laws.
15. Dispute Resolution; Binding Arbitration
Please read the following section carefully as it requires you to arbitrate certain disputes and claims with SnapFeedback and limits the manner in which you can seek relief from SnapFeedback.
(a) No Representative Actions: Any dispute arising out of or related to these Terms or SnapFeedback’s Services is personal to you and SnapFeedback, and any dispute will be resolved solely through individual action. Class arbitration, class action, or any other type of representative proceeding is not allowed.
(b) Arbitration of Disputes: Except for small claims disputes in which you or SnapFeedback seek to bring an individual action in small claims court, or disputes in which you or SnapFeedback seek injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and SnapFeedback waive your rights to a jury trial and agree to resolve any Disputes (as defined in Section 15(b)) through confidential, binding arbitration. Arbitration proceedings will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”) and will be administered by JAMS. The arbitrator will have exclusive authority to make procedural and substantive decisions regarding the dispute and to grant any remedy that would otherwise be available in court. The location of the arbitration will be in the United Kingdom, or another location mutually agreed upon by you and SnapFeedback. The arbitrator may not consolidate more than one individual’s claims, and may not preside over any form of class or representative proceeding.
(c) Arbitration Opt-Out: You have the right to opt-out of the arbitration provision within 30 days of accepting these Terms. To opt-out, you must send an email to email@example.com, stating your intention to opt-out of the arbitration provision. If you do not opt-out, you agree to be bound by the arbitration provision, including the prohibition of class or representative actions.
(d) Governing Law and Venue: These Terms and any dispute arising from them will be governed by and construed and enforced in accordance with the laws of the United Kingdom, without regard to conflict of law principles. Any dispute that is not subject to arbitration or cannot be heard in small claims court will be resolved in the courts of the United Kingdom.
16. Modifying and Terminating our Services
SnapFeedback reserves the right to modify or suspend its Services, or any part thereof, at any time. You have the right to stop using SnapFeedback’s Services at any time. These Terms will terminate when either SnapFeedback stops providing all of its Services to you or you stop using the Services.
SnapFeedback may make changes to these Terms from time to time. If any changes are made, SnapFeedback will provide you with notice of such changes, such as by sending an email or updating the date at the top of these Terms. Unless otherwise stated, the amended Terms will be effective immediately, and your continued use of the Services after receiving notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using SnapFeedback’s Services.
If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
The failure of SnapFeedback to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms constitute the entire agreement between you and SnapFeedback relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Nothing in these Terms creates any third-party beneficiary rights. You agree that communications and transactions between you and SnapFeedback may be conducted electronically. These Terms may not be transferred, assigned, or delegated by you without SnapFeedback’s prior written consent.
20. Additional Terms Applicable to Mobile Devices
If you install, access, or use SnapFeedback’s Services on any mobile device, the following additional terms apply:
(a) If you use the iOS App developed by SnapFeedback, you acknowledge that these Terms are concluded solely between you and SnapFeedback, and not with Apple Inc. (“Apple”). SnapFeedback is solely responsible for the iOS App and its content. Apple has no obligation or liability with respect to the iOS App.
(b) If you use the Android App developed by SnapFeedback, you acknowledge that these Terms are between you and SnapFeedback, and not with Google Inc. (“Google”). SnapFeedback is solely responsible for the Android App and its content. Google has no obligation or liability with respect to the Android App.
21. Third-Party Terms of Agreement
You agree to comply with any applicable third-party terms when using SnapFeedback’s Services.