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Terms of Service for Heyvibe

Last Updated: October 26, 2023

These Terms of Service (the “Terms”) govern your access to and use of the Heyvibe AI-assisted feedback application and related services (the “Service”) provided by [Your Company Name or Your Name] (“we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1. Acceptance of Terms

By accessing or using the Service, you represent and warrant that you have the legal capacity to enter into these Terms and that you agree to be bound by them. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of the organization.

2. Description of Service

Heyvibe is an AI-assisted feedback application that helps users collect, analyze, and understand feedback. The specific features and functionalities of the Service may change over time. We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time without notice.

3. Account Registration and Use

3.1. Account Creation: To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information up-to-date.

3.2. Account Security: You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized access to or use of your account. We will not be liable for any loss or damage arising from your failure to comply with this provision.

3.3. Acceptable Use: You agree to use the Service in compliance with these Terms and all applicable laws and regulations. You will not:

  • Use the Service for any illegal or unauthorized purpose.
  • Interfere with or disrupt the operation of the Service or the servers and networks connected to the Service.
  • Attempt to gain unauthorized access to any part of the Service or any other user’s account.
  • Transmit any viruses, malware, or other harmful code.
  • Collect or harvest any personally identifiable information from other users without their consent.
  • Use the Service to generate spam or other unsolicited communications.
  • Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
  • Upload or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.

4. User Content

4.1. Your Content: The feedback and other content you submit, upload, or otherwise make available through the Service (“Your Content”) remains your property.

4.2. License to Your Content: By submitting Your Content to the Service, you grant us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable license to access, use, reproduce, process, adapt, modify, publish, transmit, display, and distribute Your Content for the purpose of providing and improving the Service, including training our AI models.

4.3. Responsibility for Your Content: You are solely responsible for Your Content and the consequences of submitting or making it available through the Service. You represent and warrant that you have all necessary rights, licenses, consents, and permissions to submit Your Content and grant the licenses described in these Terms, and that Your Content does not violate these Terms, any applicable laws, or the rights of any third party.

4.4. Content Removal: We reserve the right to review and remove any of Your Content at any time for any reason, including if we believe it violates these Terms or is otherwise objectionable.

5. Intellectual Property

5.1. Our Intellectual Property: The Service and its original content, features, and functionality (including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) are and will remain the exclusive property of [Your Company Name or Your Name] and its licensors. The Service is protected by copyright, trademark, and other laws of both the [Your Country/State] and foreign countries.

5.2. Limited License to Use the Service: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business or personal purposes as permitted by the features of the Service.

5.3. No Transfer of Rights: Nothing in these Terms transfers to you any right, title, or interest in or to our intellectual property. You are prohibited from using our trademarks, logos, or other brand elements without our prior written consent.

6. Payment and Subscription (If Applicable)

6.1. Fees: If you subscribe to a paid version of the Service, you agree to pay the applicable fees and any associated taxes as described on our pricing page or as otherwise communicated to you.

6.2. Billing: You will be billed in accordance with the billing cycle specified in your subscription. Unless otherwise stated, all fees are non-refundable.

6.3. Payment Methods: You agree to provide us with valid payment information and authorize us to charge the applicable fees to your chosen payment method.

6.4. Subscription Changes and Cancellation: You may be able to change or cancel your subscription according to the terms of your plan. Unless otherwise stated, cancellations will be effective at the end of your current billing cycle.

6.5. Free Trials: We may offer free trials of the Service. If you sign up for a free trial, your subscription will automatically renew to a paid subscription at the end of the trial period unless you cancel before the trial ends.

6.6. Price Changes: We reserve the right to change our subscription fees at any time. We will provide you with reasonable prior notice of any such changes.

7. Termination

7.1. Termination by You: You may terminate your account and stop using the Service at any time.

7.2. Termination by Us: We may suspend or terminate your access to the Service at any time, with or without cause, and without prior notice or liability, including if you violate these Terms.

7.3. Effect of Termination: Upon termination, your right to access and use the Service will immediately cease. We may delete Your Content from our servers, although some residual copies of information may remain in our backup systems. Sections 4, 5, 7.3, 8, 9, 10, 11, and 12, as well as any payment obligations incurred before termination, will survive termination.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING AI-GENERATED INSIGHTS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL [YOUR COMPANY NAME OR YOUR NAME], ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.

10. Indemnification

You agree to indemnify, defend, and hold harmless [Your Company Name or Your Name] and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Service; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any third-party rights, including without limitation any intellectual property rights or privacy rights.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the [Your State/Country], without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or relating to these Terms or the Service shall be instituted exclusively in the federal or state courts located in [Your City, State/Country], and you irrevocably submit to the jurisdiction of such courts.

12. General Provisions

12.1. Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior and contemporaneous agreements and understandings, whether written or oral.

12.2. Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

12.3. Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. The invalid or unenforceable provision will be construed as nearly as possible to reflect the original intention of the parties.

12.4. Assignment: You may not assign or transfer these Terms or your rights or obligations hereunder, in whole or in part, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without your consent.

12.5. Notices: Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

12.6. Contact Us: If you have any questions about these Terms, please contact us at:

Email: [email protected] Address: Keizersgracht 16 II, 1015 CP, Amsterdam

By using Heyvibe, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.