Terms ofService

Date: May, 14 2018

These Terms of Service (the “Terms”) are a legal agreement between you (as the user) and Usersnap GmbH (“Usersnap”, “Service provider”, “we”, “our”, or “us”), a private limited liability company registered under the Laws of Austria (State Court Linz) with company number FN 393902 v, having its registered address situated at Industriezeile 35, 4020 Linz, that governs your use of the Usersnap (https://usersnap.com) website, the web application, and all other related services that Usersnap provides (collectively the "Services") through our website, our web application, the HTML snippet, or through other channels.

Usersnap reserves all rights to change or update these Terms at any moment, by posting on the Usersnap website or by providing any other notice. Your rights under these Terms will be subject to the most current version posted on the Website at the time of use. For any major changes to these Terms, we will notify you at least 30 days before its entry into effect.

PLEASE READ THESE CONDITIONS. BY SUBSCRIBING TO THE SERVICES OR BY ACCESSING THE WEBSITE, THE WEB APP, OR THE SNIPPET YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE LATEST VERSION OF THE AGREEMENT BEING THE FOLLOWING DOCUMENTS, LISTED BY ORDER OF PRIORITY.


1. Definition
Account” means an account with Usersnap to use the Services.

Terms” means these Terms of Service.

Agreement” means the agreement between Usersnap GmbH (Usersnap) and you (the user) to the Usersnap Terms of Service

Applicable Law” means the laws to which Usersnap is subject, the Laws of Austria, where Usersnap is incorporated and the Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR), and any other laws as may be applicable from time to time.

Data” means content, personal data, and confidential Information relating to your business, some of which may not be publicly available, including but not limited to technical and commercial information concerning your, or any of your parent company’s or subsidiaries’, business, systems, processes, software and services, as the case may be.

"Services" means the Usersnap solutions that are hosted on the servers and/or cloud that Service provider designates. The Services offers various features, including, but not limited to, gathering feedback inside websites, web apps, collecting bug reports & visual screenshots, management of feedback & bug reports with real-time monitoring of responses, and sending the responses into other systems. Usersnap expressly reserves the right, at any time during the term of the Agreement, to adapt, arrange and/or modify any of the components granting access and user rights to the Services and the associated documentation, provided that the maintenance are complied with for these operations. Similarly, Usersnap may, at any time, discontinue providing a platform deemed undesirable and/or obsolete and migrate services to a new infrastructure; in which case, Usersnap will endeavor to inform you as early as possible and invite you to migrate your Account to the new infrastructure.

Confidential Information” means all information provided by you or us (the “Disclosing Party”), to the other party (the “Receiving Party”), whether orally or in writing, which information is designated as being confidential. Provided that for all intents and purposes, Confidential Information shall not be construed to include any information that is (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by the Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party's representatives; or (d) is disclosed by the Receiving Party with the Disclosing Party's prior written approval.

Intellectual Property Rights” means the copyright, including the moral and related rights, rights to use, literary works, designs, databases or any other copyright protected works, patents, trade names, protected business identifiers, utility models and trademarks, and all other industrial and intellectual property rights, in each case whether registered or unregistered, which currently subsist, or will subsist, now or in the future, in any part of the world.

Website/s” means the website usersnap.com, in addition to any sub-pages that are integrated within this website.

Subscription Plan” means one of the different subscription plans through which you can use the Services.

Subscription Term” means the period of time for which subscription to the Services shall be made available by Usersnap to you.

Third Party/ies” means any persons, whether legal or natural, which are neither you nor Usersnap.

Trial Period” means free access, provided to You by Usersnap for a limited and established period of time, to the Services, which shall be granted at the sole discretion of Usersnap. Access may be revoked by Usersnap at any time without need of any prior notice.

You” / “Your” / “Client” means a person, whether natural or legal, acting in the course of a trade or business, and who agrees to be bound by the terms contained in this Agreement.

2. Use of Service
You acknowledge that you have read our Terms and Conditions, Privacy Policy, and that you subscribe to the Services in full knowledge of all their terms. You shall be responsible for ensuring that your users also comply with all the terms.

You undertake to use the information solely for your own needs, on a professional use, or the needs of your contracting entity.

When you use the Usersnap API, you shall be responsible for your usage of Usersnap and shall limit your API calls to a reasonable volume. Usersnap reserves the right to define and update this volume of API calls and to take any necessary action to address any improper use.

As a direct Usersnap subscriber: you subscribe to the Services in your name and on your behalf, and you are not entitled to send via our Services promotional emails for a third-party, nor to assign the use of all or part of the Services to your own customers, even for free.

As an indirect Usersnap subscriber (commonly referred to “affiliate” or “partner”): You subscribe to the Services in Your name but on behalf of your own customers with the objective of managing Usersnap for and/or reselling Usersnap to your customers. If you fit this usage type please contact us at contact@usersnap.com. Specific terms will be applicable to this usage.

You will not interfere with or disrupt operation of the Services and you will comply with the Terms and Conditions in this Agreement for access to and use of the Services.

You shall not use the Services for unacceptable usage listed in the Usersnap Terms of Service. Usersnap reserves the right to take any necessary action to address any improper and unacceptable use of the Services.

Unacceptable usage includes but is not limited to:
• sites containing or promoting pirated software
• sites containing adult-oriented content
• sites containing or promoting hacker programs or archives
• sites containing illegal material
• sites containing copyrighted material
• sites containing material we judge to be threatening or obscene
• sites containing material protected by trade secret and other statute

The subscriber agrees to indemnify and hold Usersnap harmless from any claims resulting from the use of our services which damages the subscriber or any other party.

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $500.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, USERSNAP WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.


3. Subscription
We offer several different subscription plans for our Services. The applicable Subscription Plan depends on your choice. Your Subscription Plan is selected during your paid Account registration and you can choose to change your plan at any time. Information about our standard plans can be found on our Pricing page.

All fees quoted on our site are exclusive of VAT or any other taxes that may be applicable in your jurisdiction. For additional information on our subscription plans, please contact us. You may upgrade or downgrade your subscription at any time during your subscription term.

Following your current subscription term, we reserve the right to amend the subscription plans and/or subscription term at any time. We also retain the right to modify or increase our pricing or introduce new fees and/or subscription levels or charges as well as make changes to our subscription plans without notification.

We will provide you a written notice in advance, within thirty (30) calendar days, during which you will have the right to unsubscribe from, or change your current Subscription Plan, should you not agree with these amendments.


4. Account Credentials
When you register your Account, you undertake to share the information required to process your orders as requested, including, your surname, first name, company name, address, VAT number (for EU based companies) and an email address. This Data shall be processed in accordance with our Privacy Policy. You are responsible for the consequences of false or inaccurate information that you have shared with us.

You shall keep confidential and secure all credentials, User IDs and passwords associated with your Account. You must immediately notify us of any unauthorized use of your Account, or of any theft or loss of credentials allowing access to the Account. Each Account can only be accessed and used by you or the users authorized by you. You acknowledge that you may be liable for any unlawful, wrongful or fraudulent use of the Account, and you hold us harmless against any action or claim arising from such a use.

Upon requesting activation of an Account, you are required to accept the privacy policy and terms of service of the Services.

5. Rights
Except as otherwise stated, all rights and interest in the Site and/or the Services and any content contained is the exclusive property of Usersnap GmbH. Unless otherwise specified, the Services are for your limited use only.

You may not modify, copy, distribute, display, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products or Services obtained from the Website and/or the Services without Usersnap’s prior written approval.

Except for those Intellectual Property Rights that are already owned, registered or vested in your name, or those Intellectual Property Rights that are created by or for you during the duration of this Agreement, all Usersnap trademarks, trade names, Service marks, logos and other Intellectual Property Rights in and to the Site and Services are proprietary to Usersnap.

In the course of performing the Services, Usersnap will have access to some of your Data. All rights and interest in the Data is your exclusive property, except as otherwise provided for herein throughout this Agreement.

Usersnap will keep your Data confidential and maintain your Confidential Information in the strictest of confidence. In this respect, Usersnap will not disclose your Data to any unauthorized person, and will only make such limited use as is strictly necessary for Usersnap to perform the Services. For the avoidance of doubt, all such rights to Usersnap to use your Data shall be granted solely for the duration of this Agreement and in accordance with our Privacy Policy.

You acknowledge and agree that Usersnap may disclose any Data if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any of your content and/or Data violates the rights of a Third Party/ies; or (d) protect the rights, property, or personal safety of Usersnap, the Site, the Services, its users, and the public.

In the event that you provide Usersnap with any suggestions, feedback or improvements with respect to the Site and/or Services, You hereby grant Usersnap with a non-revocable, sub-licensable and royalty free right and licence to make use of, copy, disclose, licence, and distribute such feedback, suggestions or improvements in any manner without any obligations, of whatever kind, towards you. Nothing in this Agreement shall be construed as a limitation on Usersnap to make use, develop and market any Services incorporating the feedback, suggestions, or improvements that you have provided.


6. Warranties
Usersnap guarantees that:
a) The Intellectual Property Rights (including all copyright, trademarks, design rights, Service marks, whether registered or unregistered) in any material provided by Usersnap as part of the site and/or the services do not, to the best of Usersnap’s knowledge, infringe on any Third Party Intellectual Property Rights;
b) Usersnap will only use your data in accordance with this Agreement, including its annexes;

You agree to comply with all applicable laws and regulations applicable to you when using our Services. You agree to provide a legally adequate privacy policy that accurately discloses your practices with respect to the collection, use, and disclosure of personal data, including personal data collected through your use of our Services.

You are responsible for determining whether you are subject to any sector-specific privacy laws or regulations, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach Bliley Act (GLBA), the Family Education Rights and Privacy Act (FERPA), or any law concerning the privacy of any collected personal information or other laws as may be applicable to you. If you are subject to specific laws or regulations, you represent and guarantee that your use of our Services will be in accordance with such laws or regulations. Usersnap will not be held liable for your failure to provide a legally adequate privacy policy or if our Services does not meet the requirements imposed by any privacy laws or regulations to which you are subject.

If you are located in the European Economic Area (EEA) or have any visitors from the EEA, You represent and guarantee that you are using the Services in accordance with the GDPR, including that you:

a) will clearly describe how you plan on using any data processed, including for your use of our Services.
b) will comply with all regulations, as well as data protection, electronic communication, and privacy laws that apply;
c) have processed all data relating to any individual in compliance with all data protection laws and regulations; and
d) agree to indemnify and hold Usersnap harmless from any losses, including attorney fees, that result from your breach of any part of these warranties;
e) further agree, if applicable, that to you have signed Our Data Processing Agreement (please contact us at contact@usersnap.com for signing our DPA).

You agree, in connection with your use of our Services, to comply with all applicable export and re-export control laws and regulations.

7. Limitation of Liability
Usersnap shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Usersnap's servers going offline or being unavailable for any reason whatsoever. Furthermore, Usersnap shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any data from Usersnap's servers. Damages shall be limited to the immediate termination of Services.

8. Withdrawal – Termination and Deletion of Accounts
Free trials and paid plans are concluded without any fixed-term and are automatically renewed on a monthly/yearly basis, subject to the full payment in advance of the monthly/annual fee, if any. You may, at any time, terminate your free trial, monthly or annual paid plan. Usersnap shall not reimburse you for the unused fees paid for a started month, even on a pro rata basis. It is your responsibility to determine the termination of a subscription to make it effective at the most convenient time.

9. Data Retention
Usersnap commits to securely storing Data on behalf of our clients in accordance with their valid Subscription Plan and the time frames corresponding to each Subscription Plan. All data exceeding the stated valid time frame will be routinely and automatically deleted from our systems.You acknowledge and accept that Usersnap does not provide any archiving or backup services. Usersnap may delete data that is no longer in use and exceeds the valid time frames stipulated in the applicable Subscription Plan. Usersnap expressly disclaims all obligations with respect to archiving, storage and backup of data.

10. Abuse
Any attempt to undermine or cause harm to a server/s or client/s of Usersnap is strictly prohibited. As our client, you are responsible for all your Accounts. Should you violate any of Usersnap’s Terms of Services, your Account will be cancelled without possibility of refund.When subscribing to any of Usersnap’s Subscription Plans, you agree and signify that you have no other active Account within your legal entity. Usersnap expressly reserves the right to deactivate or suspend Accounts immediately in cases when improper or abusive Account use is detected.

11. Cancelation of Service
We reserve the right, at our sole discretion, to cancel or suspend Services.

12. Billing
Usersnap provides its Services as a Software-as-a-Service model with recurring payments. You may choose between monthly or yearly payments.By the Account activation date of each month, Usersnap shall either:

(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by email or regular mail, an invoice in accordance with the applicable Service Fees for Services rendered for the current month or current year. When an invoice is delivered to the client, payment shall be remitted to Usersnap by no later than the specified payment due date.

Usersnap shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly or yearly basis. Credit cards are billed automatically on a monthly or yearly basis. The client is responsible of ensuring that they have sufficient funds to cover the Subscription fees. In the event of a rejected charge, Usersnap will send an email notification and the client is expected to update their credit card details within 24 hours. Failure of client to respond within 24 hours will result in the suspension of the client’s Usersnap Account.

13. Service Fees
Certain services carry a setup fee charged by Usersnap to the client. These fees must be paid by the client in order to have use of said services. If client terminates the Agreement, client shall be responsible for any and all outstanding fees owed to Usersnap and agrees to pay any and all fees incurred by client. If the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. As an example, if the client provides a notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

14. Money back guarantee & refund policy
We do not refund cancelled contracts. As an example, if you are on an annual Subscription Plan and you request a refund after four months, no refunds will be given by Usersnap. No refunds are issued for setup charges, add-on charges, or overage charges. In case of Terms of Service violations, any and all refunds are forfeited.

15. Cancellation Refunds
We DO NOT refund partial monthly fees to Accounts. We require 30 days notice for the cancellation of an Account.

16. Refusal of Services
Usersnap reserves the right to refuse, cancel or suspend services to any client, at its sole discretion.

17. Violations
Any violation of these Terms of Service should be referred to the given contact information. Failure on the part of the client to follow any of the terms or conditions will be grounds for Account deactivation.

18. Disclaimer
Usersnap cannot be held liable for system down time, crashes or data loss. Usersnap cannot be held liable for any estimated profits which a client would have gained at any time during Usersnap’s downtime. Some of the equipment, routing, software and programming used by Usersnap are not directly owned or written by Usersnap. Moreover, Usersnap holds no responsibility for the use of our clients' Accounts. Failure to comply with any terms or conditions of this Agreement will result in the automatic termination of the client’s Account. Usersnap reserves the right to deactivate and/or delete any Account, without advance notice for any reason without restitution.

19. Media & Press
Usersnap may use your Company names and logos in case studies, promotional materials, or other write-ups including on this website, unless we receive a specific communication from you to the contrary.

20. Server Uptime Guarantee
Usersnap maintains an excellent record for reliability. However, we do not offer an uptime guarantee. Our network and servers are monitored continuously resulting in minimum downtimes except for scheduled maintenance or hardware and software upgrades.

21. Changes to our Terms of Service
Usersnap reserves the right to amend any or all of the above Terms of Service, Policies, guidelines and disclaimers without notification. Any future changes to our Terms of Service will be posted on this page with an updated Terms of Service modification date below.

The Terms of Service were modified on May 14, 2018.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS.

Contact information:
Usersnap GmbH
Industriezeile 35
4020 Linz, Austria
contact@usersnap.com