Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.userback.io Website and Service. Userback (the “Service”) operated by Userback Pty Ltd. (“Us”, “We”, or “our”).
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms supplement and incorporate our Privacy Policy available on our website as set out at https://www.userback.io/privacy. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or Using the Service You agree to be bound by these Terms. If You disagree with any part of the terms or fail to follow these terms when using the Service, then You may not access the Service and if You have an account, will be grounds for immediate account termination.
Unacceptable Usage
Unacceptable usage includes but is not limited to Material and sites containing or promoting:
- Pirated software
- Adult related content
- Hacking
- Illegal material
- Copyrighted material
- Protected by trade secrets and other statutes
You agree to indemnify and hold harmless Us from any claims resulting from the use of our Service which damages the subscriber or any other party.
Services
Upon registering for an account, You will select an email address and password to use as login code to access the Service.
Subject to your agreement and continuing compliance with these Terms and any of our other relevant policies, we grant you a non-exclusive, non-transferable, revocable limited license to use the Service solely for its intended purposes. You agree not to use the Service for any other purpose.
While Using the Service, We do not warrant any response rates or download time in relation to the Services or Your Usage of the Service. As such, We cannot be held liable for any system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which You would have gained if their site was functioning.
In the event of any Service outage, We will restore the Services as soon as is reasonably practicable.
As our customer You are responsible for all Your accounts. Should You breach or violate the Terms of Services outlined within, Your account and access will be suspended immediately. There are no refunds.
We reserve the right to refuse, cancel or suspend Service, at our sole discretion. If You fail to comply with these terms, no refunds will be given. We will, however, advise You by email prior to taking any action to provide You with an opportunity to rectify any problem.
Account Activation
By activating Your account, You agree to the Terms. Upon requesting activation of an account, You are required to accept these Terms, and a copy of Your acceptance will be available with Your account information.
Account Termination
You may terminate this agreement at any time by closing Your account. If You close Your account, there will be no residual credit supplied or pro-rata for the remaining portion of the current month or year.
Terminating Inactive Accounts
If Your account is inactive (no logins to the Service, no API usage/calls, no account activity) for longer than 12 months, Your account will be marked for termination. Deleting old data ensures compliance with current and future data protection and privacy regulations and is a best practice for protecting user data and our systems.
If your account is marked for termination, We will advise You by email with 30 days notice prior to closing the account and deleting the data.
Billing and Fees
The Service operates as a Software-as- a-Service (SaaS) model with recurring payments. You may choose between monthly or annual payments.
You must pay the Fees to Us as specified in Our invoices. Fees depend on Your choice of Subscription Plan and optional add-ons. Information about Our plans can be found on Our Pricing Page. All Fees quoted on Our site are inclusive of GST or any other taxes that may be applicable in Your jurisdiction.
All credit cards are billed automatically on monthly on the Account activation date or the same date annually. It is Your responsibility to ensure that there is sufficient credit on the supplied card to cover these transactions.
By recording Your credit card on Your account You authorize for Your credit card to be debited, with any associated invoices created in relation to Usage of the Service on the invoice issue date or shortly thereafter.
You are responsible for keeping Your credit card details up to date and ensuring sufficient funds available on their credit card for Us to obtain payment in accordance with this Agreement.
In the event of a debit failure, an email notification will be sent to You, at which point You will need to update the supplied credit card by logging into the Service in order to make payment within 24 hours. If We do not receive a response within 24 hours, the account will be suspended.
Fair Use
When a Userback plan comes with unlimited projects, this refers to the total number of projects that can be available in your account. Whilst your account may have an unlimited number of archived projects, it can only have up to 300 active projects at any one time. Please note that archived projects are automatically deleted after 12 months.
When a Userback plan comes with unlimited users, this refers to the total number of users that can be available in your account. Whilst your account may have an unlimited number of deactivated users, it can only have up to 50 active users at any one time.
Refusal of Service
We reserve the right to refuse, cancel or suspend Service, at our sole discretion.
Warranties
Each party represents and warrants to the other party that it has all necessary rights and authority to enter into the Agreement.
Userback guarantees that:
- The Intellectual Property Rights (including all copyright, trademarks, design rights, Service marks, whether registered or unregistered) in any material provided by Userback as part of the site and/or the services do not, to the best of Userback’s knowledge, infringe on any Third Party Intellectual Property Rights.
- Userback 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. Userback 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:
- Will clearly describe how you plan on using any data processed, including for your use of our Services.
- Will comply with all regulations, as well as data protection, electronic communication, and privacy laws that apply;
- Have processed all data relating to any individual in compliance with all data protection laws and regulations; and
- Agree to indemnify and hold Userback harmless from any losses, including attorney fees, that result from your breach of any part of these warranties;
- Further agree, if applicable, that you have signed Our Data Processing Agreement.
You agree, in connection with your use of our Services, to comply with all applicable export and re-export control laws and regulations.
Limitation of Liability
We shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from the Service going off-line or being unavailable for any reason.
We shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any content from the Service. All damages shall be limited to the immediate termination of Service.
Media
We may use Your Company names and logos in case studies, promotional material, or other write-ups including this Webpage. If You do not wish for Us to use Your Company name or logo, please submit a request in writing to Us.
Server Uptime
Whilst We will do everything possible to ensure server uptime is maintained as a maximum level, We do not offer an uptime guarantee. We monitor our network and Services continuously, and are rarely down except for scheduled maintenance specific upgrades.
Governing Law and Venue
This Agreement is governed by the laws of the State of Queensland and Australia without regard to conflicts of laws provisions and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions related to this Agreement will be the courts of Queensland and both parties submit to the personal jurisdiction of those courts.
Changes to our Terms of Service
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material We will provide 30 days notice posted within the Services prior to any new terms taking effect.
If You do not agree to be bound by the variation, You may by logging into the Services, terminate this Agreement before the expiration of that 30 day period.
We reserve the right to increase any pricing and make changes to our account plans without notification. We will make our best efforts to communicate with customers ahead of any changes however, new pricing will take effect at the time of plan change or the next billing cycle.
The Terms of Service were modified on March 13, 2023.
Contact Us
If You have any questions about these Terms, please contact us.
