Terms of Service

1 – Introduction

ezFeedback provides a platform accessible through the https://ezfeedback.io domain (referred to as the “Site”). The Services, offered by ezFeedback, an entity based in Vietnam, involve an online form builder allowing the creation of diverse forms, such as surveys, for data collection. The term “us,” “we,” or “ezFeedback” denotes the provider, while “you” refers to the customer or representative of an entity utilizing the Services, hereafter called the “Member.” You have to follow this Terms of Service to use our product/services

By utilizing the Services or creating an account, you are consenting to the Terms of Service (“Terms”), establishing a legal agreement between you and ezFeedback. If the Services are used on behalf of an organization, you assert your agreement to these Terms on behalf of that entity, assuming the role of “you” or “your.”

2 – Account

2.1. Eligibility

To use the Services, you must

Be at least eighteen (18) years old and capable of entering into contracts.
Complete the account registration process.
Agree to the Terms and other linked conditions forming part of the Agreement.
Provide accurate, complete, and current contact and billing information.
Using the Services implies a representation and warranty that you meet the above requirements and will not use the Services in violation of any laws or regulations.
ezFeedback retains the right to refuse Services, close Member accounts, and modify eligibility criteria at its discretion

ezFeedback retains the right to refuse Services, close Member accounts, and modify eligibility criteria at its discretion.

2.2. Term

Upon registering and agreeing to these Terms, the Agreement between you and ezFeedback commences, initiating the Term. The Term remains effective as long as you hold an ezFeedback account or until termination occurs by these Terms, whichever transpires first. If you sign up on behalf of an entity, you assure that you possess the authority to accept these Terms and enter into the Agreement on its behalf.

2.3. Closing Your Account

Either you or ezFeedback can terminate the Agreement at any time and for any reason. Termination can be initiated by closing your ezFeedback account or by ezFeedback providing notice of termination. Services may be suspended at any time, with or without cause, without refund or reimbursement. Usernames are unique and become unavailable for future use once an account is terminated; they cannot be reclaimed.

2.4. Changes

We reserve the right to modify any of the Terms by publishing updated versions on the Site or the website. Unless you opt to terminate your account, the revised Terms will take effect immediately upon posting, as indicated by the effective date in the new Terms. These changes apply to any ongoing or new use of the Services. Additionally, we retain the authority to alter the Services, including any features, and may discontinue the Services or specific features at any time.

2.5. Account and Password

You are responsible for maintaining the confidentiality of your account name and password. Any account you can access, and activities within that account (excluding those performed by ezFeedback not in line with your instructions), are your responsibility, whether or not you authorized those activities. Promptly inform us of any unauthorized access or use of your accounts. We are not accountable for losses resulting from stolen or compromised passwords. For security reasons, we may only provide instructions on password resets, as we do not have access to your current password. We reserve the right to update your contact information for billing purposes. Furthermore, you assert that all information provided during the establishment of your account and while using the Services will remain complete and accurate. We may contact you, or any authorized user, based on the information in your account.

2.6. Use of the Account and the Services

You must not use the Services to disturb public order, violate ethical rules, harass others, engage in illegal activities, or infringe upon copyrights and intellectual rights. Additionally, you cannot present the Services to third parties or use them for commercial activities, such as renting or selling. Prohibited activities, including spam, viruses, Trojan horses, etc., that disrupt or hinder others from using the Services, are not allowed. You are accountable for your content (in any form or response), ensuring you possess all necessary rights and permissions. ezFeedback is not responsible for your actions related to your content, including public sharing. We may review your content to ensure legal compliance and may modify, restrict access to, delete, or refuse to display content violating the law or these Terms. ezFeedback is not obliged to continuously monitor or review all submitted content.

2.7. Account Disputes

You agree not to request access or information about an account that is not yours and to resolve any account-related disputes directly with the involved party. Ownership determination is based on various factors, including content and listed contact information. If disputes arise or ownership is unclear, resolution through external channels outside of ezFeedback is required. In cases of disputes, we may suspend the associated account to safeguard data security and privacy until a proper resolution is reached.

3 – Rights

3.1. Feedback and Proprietary Rights

We hold all proprietary rights in the Services, encompassing patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You must respect our proprietary rights within the Services. However, you retain all rights, title, and interest in the material, content, data, and information, including personal information, submitted to ezFeedback during your use of the Services. Subject to these Terms, you grant us permission to use or disclose your content (including personal information) solely for providing the Services and as otherwise permitted by these Terms and our Privacy Policy. You assure that you have the necessary rights, releases, and permissions for your content and that its submission and use comply with applicable laws, third-party rights, and relevant policies.

If you provide feedback (“Feedback”) regarding the Services, you grant us a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback. Providing Feedback is voluntary, and you acknowledge that you won’t receive compensation for it. We may use the Feedback to enhance the Services, develop new features, and improve user experiences.

3.2. Right to Review Content, Forms, and Replies

We reserve the right to view, copy, and internally distribute content from your forms, Third-Party Integrations, and your account to develop algorithms and programs (“Tools”). These Tools aid in identifying problematic accounts, enhancing the Services, and achieving other purposes outlined in these Terms and our Privacy Policy. For instance, we use Tools to identify Members violating Terms or laws and analyze data to improve the Services. Aggregated and anonymized data, including form content, responses, and Third-Party Integrations, may be utilized for statistical purposes. We own such data and may use it for operating, analyzing, improving, marketing our products and Services, and sharing externally for lawful research or marketing purposes.

4 – Rules and Abuse

4.1. Prohibited Content

ezFeedback prohibits accounts that promote harm, discrimination, hatred, or harassment. Your account may be suspended or terminated if you distribute content that, in our sole discretion, contains

Threat of Physical Harm: Any content reasonably perceived to threaten, advocate, or incite physical harm or violence against others.
Hateful Content: Any content reasonably perceived to harm, threaten, harass, intimidate, abuse, or discriminate based on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
Frauds and Invasions: Your use of the Services must comply with all applicable laws and regulations, avoiding violations of legal rights, privacy rights, and intellectual property rights, and engaging in activities such as fraud, invasion of privacy, defamation, discrimination, harassment, terrorism, and more. Forms or links should not promote products or services on platforms where they violate the Terms of Service or user guidelines, or constitute spam or unwanted solicitation. You are responsible for adhering to data protection and privacy laws, especially regarding sensitive information, and must not collect, use, or disclose credit card information or login credentials.

4.2. Organizational and Individual Accountability

Your account may be suspended or terminated if ezFeedback determines, in its sole discretion, that you are

An organization publicly advocating Hateful Content, Threats of Physical Harm, or Fraud and Invasions.
An individual publicly expressing views aligning with Hateful Content, Threats of Physical Harm, or Frauds and Invasions.
An individual or organization supporting, condoning, encouraging, or representing Hateful Content, Threats of Physical Harm, or Frauds and Invasions.
ezFeedback does not allow the distribution of materially false, inaccurate, or misleading content that could deceive or confuse others about important events, topics, or circumstances.

If ezFeedback has a good faith belief that you’ve violated laws or legal rights, your access to the Services may be temporarily or permanently disabled. Violations may result in a warning, suspension, or termination of your account.

4.3. Reporting Abuse

If you come across any violations of these Terms, please inform us promptly. Whether you’ve encountered spam from a fellow ezFeedback Member or noticed forms, content, or replies infringing on protected marks or copyrights, report such instances here

4.4. Compliance with Laws

By using ezFeedback, you agree, represent, and warrant

Privacy Notice: You will prominently display and adhere to a publicly accessible privacy notice on the digital platforms where data is collected. This notice must (a) meet the requirements of applicable Data Protection Laws, (b) describe your use of the Services, and (c) include a link to our Privacy Policy.
Permissions and Consents: You will obtain and maintain all necessary permissions and valid consents required to lawfully transfer data to ezFeedback. This includes enabling the lawful collection, processing, and sharing of data by ezFeedback for Service-related purposes or as directed by you.
Compliance with Laws: You will adhere to all laws and regulations applicable to the responders sent through the Services. This encompasses (a) acquiring consent, (b) complying with the content standards for Members, and (c) meeting all legal requirements related to the Services.
Cookies and Tracking Technologies: You will provide notices and secure necessary consents, as required by applicable Data Protection Laws, to allow ezFeedback to lawfully deploy cookies and similar tracking technologies. This is done to collect data from the devices of contacts and end users, by our Cookie Policy.
Data Processing Agreement (DPA): If ezFeedback processes your content protected by Data Protection Laws as a processor on your behalf, both parties will comply with the ezFeedback Data Processing Agreement (DPA). The DPA outlines obligations regarding data protection and security when processing your content in connection with the Services, forming an integral part of these Terms.

5 – Liability

5.1. Limitation of Liability

You accept and acknowledge that to the fullest extent permitted by law

Assumption of Responsibility: You are fully responsible for any loss resulting from your use of the Services, including downloads from the Site.
Indirect Damages: ezFeedback and its Team shall not be liable for any indirect, punitive, special, or consequential damages. This includes losses such as data, profits, revenues, business opportunities, goodwill, or anticipated savings, even in cases of negligence or advance notice of potential damages.
Maximum Liability: In any given month, the total liability of ezFeedback, our third-party providers, licensors, distributors, or suppliers to you under the Agreement will not exceed the amount you paid for the Services in the preceding month.

Notably, neither ezFeedback nor its Team will be liable for any losses or damages resulting from your use of the Services in violation of these Terms, irrespective of whether we terminate or suspend your account due to such violation.

5.2. Indemnity

You agree to indemnify and hold ezFeedback and its Team harmless from losses, damages, judgments, fines, and costs, including legal fees. This applies to any claims not permitted under these Terms due to a “Limitation of Liability” or other provision. You further agree to indemnify us from any losses, damages, judgments, fines, and costs in connection with claims related to (i) your content, forms, or responses, (ii) your use of the Services, (iii) your violation of laws or regulations, (iv) third-party claims related to your account, (v) any misrepresentations made by you, or (vi) breaches of your representations or warranties to us.

5.3. Equitable Relief

If you violate these Terms, causing irreparable harm to ezFeedback and its Team, we reserve the right to seek injunctive or other equitable relief. This means we may seek a court order to prevent further violations.

5.4. Subpoena Fees

5.5. Disclaimers

We and our Team do not assume responsibility for the actions of third parties, agencies, linked websites, or other Members, including third-party applications, products, or services used in connection with our Services (referred to as “Third-Party Integrations”). Your interaction with any Third-Party Integration, as well as your rights concerning such integrations, are exclusively between you and the relevant third party. We disclaim any responsibility for the privacy, security, or integrity of any Third-Party Integration, including the practices and policies employed by such integrations. We provide no warranties of any kind and accept no liability for any issues arising from your use of any Third-Party Integration.

6 – Other Important Stuff

6.1. Modifications and Updates

In our commitment to enhancing the Services and ensuring a seamless user experience, ezFeedback reserves the right to add, modify, or remove functionalities from the Services at any time. Additionally, we may implement updates, including security updates, applicable to some or all users collectively. Any modifications introduced will be provided without charge.

6.2. Force Majeure

We shall not be held responsible for any delays or failure in the performance of the Services due to circumstances beyond our control. This includes but is not limited to, acts of nature, changes in laws or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power outages, volcanic activity, unusually severe weather conditions, and actions by hackers or third-party internet service providers.

6.3. Survivability

Even if the Agreement is terminated, certain sections will persist, namely: Feedback and Proprietary Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and the Entire Agreement.

6.4. Severability

If any section of these Terms is found to be unenforceable, it will be removed or edited minimally, and the rest of the Agreement will remain valid.

6.5. Interpretation

If any section of these Terms becomes unenforceable, we will remove or edit it minimally, while the rest of the Agreement remains valid.

6.6. No Changes in Terms at Request of Member

Given our extensive membership, we cannot modify these Terms for any individual Member or group.

6.7. Notices

Notices to you will be effective when sent to your last email or physical address on record or when posted on our Site. For notification purposes, we may use any email or physical address associated with your account. Notices to us are effective when delivered to the addresses we may later post on the Site.

6.8. Support, Contact, and Complaints

If you have questions, comments, or concerns, please contact us at info@ezfeedback.io. We value your feedback and are here to assist you.