FeedbackKit Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Swiftly Business Consulting BV ("Swiftly," "we," "us," or "our") regarding your use of FeedbackKit, including the FeedbackKit SDK, FeedbackKit Admin application, and related services (collectively, the "Service").

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.

2. Description of Service

FeedbackKit is a user feedback management platform consisting of:

• FeedbackKit SDK: Software development kits for iOS, iPadOS, macOS, and other platforms that enable developers to collect user feedback within their applications
• FeedbackKit Admin: Native applications for iOS, iPadOS, and macOS that allow developers to manage, organize, and respond to user feedback
• FeedbackKit API: Application programming interfaces for accessing and managing feedback data
• Related Services: Including but not limited to integrations, notifications, analytics, and support services

3. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

4. Account Registration

4.1 Account Creation

To use the Service, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4.2 Account Responsibility

You agree to:

• Provide accurate and complete registration information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

4.3 Account Termination

We reserve the right to suspend or terminate your account if we reasonably believe you have violated these Terms or engaged in fraudulent or illegal activity.

5. Acceptable Use

5.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service in compliance with all applicable laws, regulations, and third-party rights.

5.2 Prohibited Activities

You agree NOT to:

• Use the Service in any way that violates applicable laws or regulations
• Use the Service to transmit malware, viruses, or malicious code
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Reverse engineer, decompile, or disassemble the Service
• Use the Service to collect or store personal data in violation of privacy laws
• Use the Service to harass, abuse, or harm others
• Resell, sublicense, or redistribute the Service without authorization
• Remove or alter any proprietary notices or labels on the Service
• Use the Service for competitive analysis or to build a competing product

6. SDK Integration and End User Data

6.1 SDK Implementation

When you integrate the FeedbackKit SDK into your application(s), you are responsible for:

• Implementing the SDK in accordance with our documentation
• Obtaining appropriate consent from your end users for data collection
• Complying with all applicable privacy laws and regulations
• Providing clear privacy notices to your end users
• Ensuring your use of collected data complies with your own privacy policy

6.2 End User Data

You acknowledge that:

• You are the data controller for any end user data collected through the SDK
• We act as a data processor on your behalf
• You grant us the right to process end user data solely to provide the Service
• You are responsible for the accuracy and legality of data you collect
• You must have appropriate legal basis for collecting and processing end user data

6.3 Data Processing Agreement

If you are subject to GDPR or similar privacy regulations, we will provide a Data Processing Agreement upon request.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including all software, designs, text, graphics, and other content, is owned by Swiftly Developed or our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.

7.2 Your Content

You retain all rights to the content you submit through the Service, including feedback data, configurations, and integrations ("Customer Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process Customer Content solely to provide and improve the Service.

7.3 Feedback

If you provide us with suggestions, ideas, or feedback about the Service, we may use such feedback without any obligation to you.

8. Payment and Subscription

8.1 Pricing

Current pricing for the Service is available on our website or in the application. We reserve the right to change pricing with 30 days' notice.

8.2 Payment Terms

• Payment is due according to your selected billing cycle (monthly or annual)
• All fees are non-refundable except as required by law
• You authorize us to charge your payment method for all fees
• If payment fails, we may suspend or terminate your access to the Service

8.3 Free Trial

We may offer free trials for new customers. At the end of the trial period, you will be charged unless you cancel before the trial ends.

8.4 Taxes

All fees are exclusive of taxes. You are responsible for all applicable taxes, duties, and governmental charges.

9. Service Availability and Modifications

9.1 Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We may temporarily suspend the Service for maintenance, upgrades, or other reasons.

9.2 Service Modifications

We reserve the right to modify, update, or discontinue any aspect of the Service at any time. We will provide reasonable notice of material changes that negatively impact functionality.

9.3 No Warranty

10. Data Security and Privacy

10.1 Security Measures

We implement reasonable technical and organizational measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security.

10.2 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

10.3 Data Breach Notification

In the event of a data breach affecting your account, we will notify you in accordance with applicable laws.

11. Third-Party Integrations

The Service may integrate with third-party services (e.g., ClickUp, Slack, Linear). Your use of third-party services is subject to their respective terms and conditions. We are not responsible for third-party services or their availability.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

12.1 Exclusion of Damages

12.2 Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

12.3 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so the above limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Swiftly Developed, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your end users' use of your application integrated with FeedbackKit

14. Termination

14.1 Termination by You

You may terminate your account at any time through the Service settings or by contacting us. Upon termination, you will lose access to the Service and your data.

14.2 Termination by Us

We may terminate or suspend your access immediately, without notice, for:

• Violation of these Terms
• Non-payment of fees
• Suspected fraudulent or illegal activity
• Protecting the integrity or security of the Service

14.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• We may delete your account and data after a reasonable retention period
• Provisions of these Terms that by their nature should survive will survive termination

15. Data Retention and Deletion

15.1 Data Retention

We retain your data for as long as your account is active or as needed to provide the Service. After account termination, we retain data according to our Privacy Policy and legal obligations.

15.2 Data Deletion

You may request deletion of your data by contacting us. We will delete data within 30 days unless retention is required by law.

15.3 Backup Data

Data may persist in our backup systems for up to 90 days after deletion.

16. Dispute Resolution

16.1 Governing Law

These Terms are governed by the laws of Belgium, without regard to conflict of law principles.

16.2 Arbitration

Any disputes arising from these Terms will be resolved through binding arbitration in Belgium, except where prohibited by law. You waive any right to participate in class actions.

16.3 Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Swiftly Developed regarding the Service.

17.2 Amendments

We may modify these Terms at any time by posting updated Terms. Material changes will be notified via email or the Service. Continued use after changes constitutes acceptance.

17.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect.

17.4 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

17.5 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to any successor or affiliate.

17.6 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control.

17.7 Export Compliance

You agree to comply with all applicable export and import laws and regulations.

18. Contact Information

For questions about these Terms, please contact us: