Terms of Service

Everything you should know about the feedbackr terms of service!

Please read this document carefully before accessing or using feedbackr. Graciously adapted from myBalsamiq. Feel free to copy this TOS for your own use.

Introduction

English, not Legalese

Most Terms of Service and Privacy Policy documents are unreadable. They are written by lawyers and for lawyers, and in our opinion are not very effective.

Because we believe in establishing long-term relationships with our customers, we decided to use plain English instead, to make our terms as clear as possible.

Please don’t forget that we are real people. We are not perfect, but we’re trying our hardest, because we genuinely care about your success.

When you read feedbackr or we below, it refers to feedbackr by Carrot & Company GmbH, its affiliates and agents.

Should you have other questions or concerns about this document, please send us an e-mail at hello@feedbackr.io

Using feedbackr means accepting these terms

By accessing or using feedbackr in any way, whether you have created your own feedbackr account or are using feedbackr as audience, or are just browsing around, you agree to and are bound by the terms and conditions written in this document.

If you do not agree to all of the terms and conditions contained in this document, do not access feedbackr.

This is a living document

This is a living document. With your help, we want to make it the best in the industry.

If you read something that rubs you the wrong way, or if you think of something that should be added, please get in touch! We’re all ears! Email hello@feedbackr.io or contact us via our support service directly in the web-application and we’ll chat.

We don’t amend this document for any particular customer, but if your changes apply to all of our customers, we’ll be happy to update it for everyone.

We will likely improve this document over time. By continuing to use the site, you will implicitely accept the changes we make.

Your access and use of feedbackr is always subject to the most current version of this document.

Breach of Terms

If you breach any of the terms and conditions in this document, your authorization to access or use feedbackr automatically terminates. Any materials downloaded or printed from feedbackr in violation of the Terms of Use must be immediately destroyed.

We may block, restrict, disable, suspend or terminate your access to all or part of feedbackr at any time in our sole discretion, without prior notice or liability to you. To this day, we have never had to do this, and we hope it never happens.

If you think we removed your access by mistake, get in touch and we’ll give you our reasoning. We also have a quick way to restore access without losing any of your data.

Support

Email support as well as support directly within the feedbackr app is included. If you have an issue with feedbackr site, contact us! We are glad to help.

Access to your data

What personal data do you collect and why?

We collect the following personal data:

Name
E-mail address

We do not collect Address or Credit Card information directly. See Who can see my credit card number? below.

We use return e-mail addresses to answer the e-mail we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

Please be aware that your browser must be enabled to accept cookies from feedbackr.io in order for you to use feedbackr.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above.

Who can see my password?

No-one. We never store your password unencrypted, so no-one can read it.

It is your sole responsibility to keep your user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify feedbackr immediately.

If you forget your password, we send you a secure link via email that lets you reset it.

Who can see my credit card number?

No-one at feedbackr. We use the very trustworthy and secure Stripe payment service. Read about their security measures on the Stripe Terms of Service.

Our Commitment to Children’s Privacy

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

How can I access or correct my personal information?

You can access all your personally identifiable information that we collect online. You can maintain by logging in to feedbackr and visiting the profile pages.

Who can see my Sessions?

Each session is private, and can only be seen by the owner. The questions you prepare and ask via feedbackr during sessions can be seen by anyone in the audience who knows the Session-Code.

For the purpose of maintaining the service and support you some feedbackr employees can see your sessions.

What are the guidelines feedbackr follows when accessing my data?

We restrict who at feedbackr can access customer data to only senior members of the team, and never to outside contractors
We only do it in response to a customer support question.
We only do it in order to debug and fix the issue.
We never make changes to anything unless explicitly requested by an account owner.
We never ever ever share what we see with other customers or the general public.
We might give access to authorities if requested in writing. We’ll try not to, but we don’t have the resources to fight the government.

Who else has access to my data?

We host our data on Amazon Web Services (AWS). Amazon employees have access to this data. Here’s their privacy policy. Amazon controls physical access to their locations. We don’t control physical access to our locations, other than standard locked doors.

We use secure private keys when accessing feedbackr servers via SSH.

As mentioned above, we rely on Stripe for payment processing.

We use Intercom to provide support directly within feedbackr. Here’s their privacy policy.

How is my data protected from another customer’s data?

All of our customers‘ data resides in the same database. We use software best practices to guarantee that only people who you designate as viewers of your data can access it. In other words, we segment our customer data via software. We do our best and are very confident we’re doing a good job at it, but, like every other web app that hosts their customers data on the same database, cannot guarantee that a sophisticated hacker cannot access other people’s data.

How are you protecting my data from hacker attacks?

Security is one of the main reasons we chose Amazon Web Services as the infrastructure provider for feedbackr.

To see all the steps Amazon takes to protect the data saved on its services, take a look at the extensive Security And Compliance Center and the security-related white papers. It’s what makes us sleep well at night. AWS is ISO/IEC 27002 certified.

We also have our own practices in place, which follow the industry’s best practices. We only give access to our servers to senior feedbackr security experts, we keep our servers always up to date with security fixes, have one-click ways to take down servers should they become infected/compromised and to create and deploy new clean ones, we always code-review security-related code internally before checking in, and more. We don’t run background checks on employees nor have CISSP certifications or have audit logs.

Our feedbackr service has never been compromised so far.

Should our systems get compromised, we will replace the server(s) that have been hacked with new ones (we can do this with very few clicks). If this doesn’t stop the attack, we’ll shut down the service until we can fix the vulnerability. We will also hire experts to help us and verify that we’re safe to resume service.

What should I do if I find a security vulnerability in feedbackr?

If you have discovered a security concern, please email us at hello@feedbackr.io. We’ll work with you to make sure that we understand the scope of the issue, and that we fully address your concern. We consider correspondence sent to hello@feedbackr.io our highest priority, and work to address any issues that arise as quickly as possible.

Please act in good faith towards our users’ privacy and data during your disclosure. We won’t take legal action against you or administrative action against your account if you act accordingly: White hat researchers are always appreciated.

Intellectual Property Rights

Who owns feedbackr materials?

feedbackr materials are all the information, data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products on feedbackr produced by Carrot & Company GmbH.

feedbackr materials are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights, and any unauthorized use of the feedbackr materials may violate such laws and the Terms of Use.

You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the feedbackr service or feedbackr Materials or any portions of them.

You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the software. Any copying or redistribution of the software is prohibited, including any copying or reproduction of the software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The trademarks, logos and service marks displayed on this site are the property of Carrot & Company GmbH or other third parties. You are not permitted to use them without the prior written consent of Carrot & Company GmbH or such third party that may own the Marks.

feedbackr materials may not be modified or altered in any way.
feedbackr materials may not be distributed or sold, rented, leased, licensed or otherwise made available to others.
You may not remove any copyright or other proprietary notices contained in the feedbackr materials.
You may not copy or distribute any graphics in the feedbackr materials apart from their accompanying text.
You will not quote or display feedbackr materials, or any portions thereof, out of context.
feedbackr reserves the right to revoke the authorization to view, download and print the feedbackr materials available via feedbackr at any time, and any such use shall be discontinued immediately upon notice from feedbackr.
The rights granted to you constitute a license and not a transfer of title.
Any feedbackr materials made available only upon payment of a fee may only be viewed, downloaded and printed subject to your payment of such fee.

Who owns the IP of my sessions and assets?

feedbackr does not claim intellectual property rights over sessions created on feedbackr nor the assets your users upload.

We leave it to each feedbackr account owner to decide who should own the IP of the sessions created using their feedbackr site. We encourage account owners to make their policy clear to their site users, for example via email.

You acknowledge and agree that feedbackr has no liability of any kind should anyone you granted access to your content modify, destroy, corrupt, copy or distribute it, or violate the terms of use or other limitations that you may impose on the use of your shared content.

feedbackr does not pre-screen user materials that users provide or otherwise submit via feedbackr; however, feedbackr may remove any posted or submitted user materials from feedbackr for any reason without notice in its sole discretion. By posting or submitting your user materials, you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to your user materials as described in these Terms of Use, including all the rights necessary for you to post or submit your user materials.

In addition, by posting or otherwise submitting your user materials that contain images, photographs, pictures, videos, webcasts or that are otherwise graphical in whole or in part (“Images”), you represent and warrant that: (a) you own the copyright in such Images, or that you have obtained all necessary license(s) from the copyright owner(s) of such Images to use such Images, or portions thereof, in keeping with your use in connection with feedbackr and as otherwise permitted by these Terms of Use; (b) in the event you choose to grant licenses and sublicenses to such Images, you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use; and (c) you have received consent from any and all persons depicted in such Images to use the Images as set forth in these Terms of Use, including the distribution, public display, public performance and reproduction of such Images.

You are solely and entirely responsible for all of your user materials that you post or otherwise submit via feedbackr. You shall assume all risks associated with the use of your user materials including any reliance on the accuracy, completeness or usefulness of your user materials. feedbackr does not guarantee the accuracy, integrity or quality of your user materials. You acknowledge and agree that by accessing or using feedbackr, you may be exposed to user materials from others that are offensive, indecent or otherwise objectionable.

Reliability

Do you guarantee that feedbackr will be accessible at all times?

In short, we do not. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet.

That said, high reliability is something we are proud of and something we deliberately chose to compete on.

We monitor feedbackr closely and have set up automated alarms to be notified when the feedbackr service is under stress, so that we can deal with the issue before it becomes a problem that might impact customer access.

You acknowledge and agree that feedbackr shall not be liable for any failure to store your materials on feedbackr at any time.

Play Nice Clauses

Use of feedbackr

You agree that you shall not:

Collect, harvest or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
Use or attempt to gain access to or use another’s user or company account, password, data, or computer systems or networks connected to any feedbackr server, whether through hacking, password mining or any other means.
Access or attempt to access any material that you are not authorized to access.
Make available any files containing materials where you do not own or control, or have not received the necessary licenses to, all intellectual property rights, rights of privacy and publicity and all other rights in and to such materials.
Use any materials in any manner that infringes any intellectual property rights or other rights of any party.
Disrupt or interfere with the security of, or otherwise cause harm to, the feedbackr service, feedbackr materials, systems resources, accounts, passwords, servers or networks connected to or accessible through feedbackr or any affiliated or linked sites.
Transmit unsolicited or bulk communications to any feedbackr account holder or to any feedbackr.io or affiliated e-mail address.
Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
Create a false identity for the purpose of misleading others.
Download any materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
Disrupt, interfere or inhibit any other user from using and enjoying the feedbackr service or other affiliated or linked sites, materials or services.
Access or use feedbackr in any manner that could damage, disable, overburden or impair any feedbackr server or the network(s) connected to any feedbackr server.
Violate any applicable laws or regulations related to the access to or use of feedbackr, or engage in any activity prohibited by the Terms of Use.
Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
Prepare, compile, use, download or otherwise copy any feedbackr user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
Violate the rights of feedbackr or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
Use any feedbackr or feedbackr domain name as a pseudonymous return e-mail address.
Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by feedbackr.

Materials and Services provided by third parties are governed by separate agreements accompanying such materials and services. feedbackr offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party services, including any liability resulting from incompatibility between a third-party service, feedbackr materials, the feedbackr service or another third-party service. You agree that you will not hold feedbackr responsible or liable with respect to the third-party services.

Special Treatment for Spammers

In the event of your or others’ access to or use of the feedbackr service in connection with the transmission of spam unsolicited e-mail or postings in violation of these Terms of Use, you acknowledge and agree that feedbackr would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that feedbackr is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). feedbackr may without restriction block, filter or delete unsolicited e-mail.

Restriction and Termination of Use

feedbackr may block, restrict, disable, suspend or terminate your access to all or part of feedbackr at any time in feedbackr’s sole discretion, without prior notice or liability to you.

Notification of Copyright Infringement

feedbackr will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. feedbackr will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”).

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on feedbackr or on sites linked to from feedbackr, please provide written notification of claimed copyright infringement to the designated agent for feedbackr (identified below), which must contain the following elements:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
A description of where the content that you claim is infringing is located on feedbackr;
Information sufficient to permit feedbackr to contact you, such as your physical address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Links to Third Party Sites

feedbackr may include links that will take you to other sites outside of the feedbackr service. The linked sites are provided by feedbackr to you as a convenience and the inclusion of the links do not imply any endorsement by feedbackr of any linked site. feedbackr has no control of the linked sites and you therefore acknowledge and agree that feedbackr is not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to a linked site. You further acknowledge and agree that feedbackr is not responsible for any form of transmission (e.g. webcasting) received from any linked site.

Advertisements and Promotions

feedbackr may run advertisements and promotions from third parties via feedbackr in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via feedbackr, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that feedbackr is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-feedbackr advertisers on feedbackr.

Warranties and Disclaimers

The feedbackr service and feedbackr materials are provided by feedbackr under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, feedbackr makes no warranty that

the feedbackr service and feedbackr materials will meet your requirements;
the feedbackr service and feedbackr materials will be uninterrupted, timely, secure, or error-free;
the results that may be obtained from the use of feedbackr service and feedbackr materials will be effective, accurate, or reliable;
the quality of the site or any services or materials purchased or accessible by you will meet your expectations;
and any errors or defects in feedbackr service and feedbackr materials will be corrected.

This feedbackr service and feedbackr materials may include technical or other mistakes, inaccuracies, or typographical errors. feedbackr may make changes to the site, materials and services, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. The feedbackr service and feedbackr materials may be out of date, and feedbackr makes no commitment to update the site, materials and services.

You acknowledge and agree that:

feedbackr does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites;
feedbackr makes no representations or warranties whatsoever about any such third parties, their materials or services;
any dealings you may have with such third parties are at your own risk;
and feedbackr shall not be liable or responsible for any materials or services offered by third parties.

feedbackr does not control or endorse the materials found in any services and specifically disclaims any liability with regard to the site, services and any actions resulting from your use of the feedbackr service and feedbackr materials and participation in any services. Managers, hosts, account owners, project members and other third parties are not authorized feedbackr spokespersons, and their views do not necessarily reflect those of feedbackr. To the maximum extent permitted by law, feedbackr will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. feedbackr also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user materials.

The use of feedbackr service, feedbackr materials or the downloading or other use of any materials is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. feedbackr assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any services or materials. No advice or information, whether oral or written, obtained by you from feedbackr or via the site, services or materials shall create any warranty not expressly stated in the terms of use. feedbackr will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any services or materials, either with or without your knowledge.

Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.

Indemnity and Liability

You agree to indemnify and hold feedbackr and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

your user materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through feedbackr, including a third party’s use of such user materials or content (e.g. reliance on the accuracy, completeness or usefulness of your user materials);
your access to or use of feedbackr (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with feedbackr);
your connection to feedbackr;
your violation of the Terms of Use;
the actions of any member of your work group, including non-logged in users you have granted access to your feedbackr sessions
your infringement of any third party’s intellectual property rights when using any of the software made available on feedbackr;
your violation of any rights of any third party;
your access to or use of linked sites and your connections thereto;
or any dealings between you and any third parties advertising or promoting via feedbackr.

International Users

The feedbackr service can be accessed from countries around the world and may contain references to feedbackr products, services and programs that are not available in your country. These references do not imply that feedbackr intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by Carrot & Company GmbH and its affiliates from their offices within Austria. feedbackr makes no representation that the feedbackr service and feedbackr materials are appropriate or available for use at other locations outside Austria, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside Austria, you are responsible for compliance with all local laws.

Limitation of Liability

In no event shall feedbackr, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if feedbackr has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with:

the access or use of or the inability to access or use the feedbackr service or feedbackr materials;
the statements or actions of any third party on or via the site, services or materials;
any dealings with vendors or other third parties;
any unauthorized access to or alteration of your transmissions, user materials or other data;
any information that is sent or received or not sent or received;
any failure to store or loss of data, files, materials or other content;
any services available that are delayed or interrupted;
any web site referenced or linked to from this site;
or your access to or use of or inability to access or use any linked site.

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.

Governing Law and Jurisdiction

The feedbackr service (excluding linked sites) is controlled by Carrot & Company GmbH from its offices within Austria. By accessing feedbackr, you agree that all matters relating to your access to, or use of, feedbackr shall be governed by the statutes and laws Austria, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Graz with respect to such matters.

General

The Terms of Use and other rules, guidelines, licenses and disclaimers posted via feedbackr or in connection with the Materials and Services constitute the entire agreement between feedbackr and you with respect to your access to or use of the feedbackr service and materials superseding any prior agreements between you and feedbackr on such subject matter (including any prior versions of the Terms of Use). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Use expressly contradict any terms of a written agreement between you and feedbackr regarding the use of specific Services or Materials (including Service-specific terms of use and Software-specific licenses) (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other feedbackr services, third party content or third party software. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without feedbackr prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by feedbackr to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.