Terms of Service - UserHint

1. Agreement to these Terms

These Terms of Service (the "Terms") govern your access to and use of UserHint: the websites at userhint.io and its subdomains, the embeddable feedback widgets and their scripts, the dashboard, and any related services (together, the "Service").

UserHint is an independently owned and operated service. These Terms are a contract between you and the individual operator of UserHint (referred to as "UserHint", "we", "us", or "our").

By creating an account or using the Service, you agree to these Terms. If you use the Service on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" refers to it. If you do not agree to these Terms, do not use the Service.

2. Who may use the Service

You must be at least 18 years old (or the age of majority where you live) to use the Service. The Service is intended for business and professional use: collecting feedback for websites and products that you own or operate.

You agree to provide accurate registration information, keep your credentials secure, and accept responsibility for all activity under your account. Tell us promptly at the address in Section 20 if you believe your account has been accessed without authorization.

3. The Service

UserHint provides feedback widgets that you add to your own websites with an embed script, together with a dashboard for configuring those widgets and reviewing what your visitors submit through them ("Submissions"). We continuously develop the Service and may add, change, or remove features over time, as described in Section 12.

When you embed a UserHint widget, you agree that:

you will embed widgets only on sites you own or are authorized to operate;
the widget script is loaded from our domain, and you will not copy, re-host, or modify it;
you will present the widget honestly and will not use it to impersonate anyone or deceive your visitors; and
we may update the embed script at any time to fix problems, improve the Service, or protect it and its users, and may apply reasonable technical limits (such as rate limits) to keep the Service reliable for everyone.

5. Your content

Submissions and the content you enter into the Service (such as widget text and configuration) are "Your Content". You own Your Content; these Terms don't give us any ownership of it.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Your Content solely as needed to provide, secure, and improve the Service. You are responsible for Your Content, including having the rights needed to collect and use it. We may remove or refuse content that violates these Terms or applicable law.

6. Your visitors' data and privacy

You are responsible for the personal data collected through your widgets, and we process that data on your behalf in order to provide the Service. You agree to comply with the privacy and data-protection laws that apply to you, and to provide any notices and obtain any consents those laws require on your own sites.

You agree not to use the Service to collect:

passwords or other login credentials;
payment card numbers or financial account numbers;
government identification numbers; or
health data or other special categories of sensitive personal data.

Where data-protection laws such as the GDPR apply to the data collected through your widgets, our Data Processing Agreement forms part of these Terms and governs that processing. Our own handling of personal data is described in our Privacy Policy.

7. Acceptable use

You agree not to, and not to allow others to:

use the Service to violate any law or the rights of others;
upload or distribute malware, or use the Service in a way that could harm it or its users;
probe, scan, disrupt, or overload the Service, or circumvent its limits or security measures;
access the Service by automated means other than the documented widget and dashboard, or scrape it;
reverse engineer the Service, except where the law gives you that right despite this clause;
resell or re-provide the Service to third parties as your own service without our written permission; or
misrepresent your affiliation with UserHint.

8. Fees

The Service is currently offered free of charge. We expect to introduce paid plans in the future. If we do, pricing will be published on our website, you will never be charged without explicitly signing up for a paid plan, and we will give you at least 30 days' notice by email before a feature you actively use becomes paid. Nothing in these Terms obliges us to keep any feature free of charge. Any taxes on your use of a paid plan are your responsibility.

9. Our intellectual property

We and our licensors own the Service, including its software, widgets, design, and branding. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms, including embedding the widget on your authorized sites. You may not use the UserHint name or logo without our permission, other than truthful factual references.

10. Feedback about UserHint

If you send us ideas or suggestions about the Service itself, we may use them without restriction or obligation to you.

11. Third-party services

The Service runs on infrastructure from third-party providers; the current list is in the subprocessor section of our Data Processing Agreement. Your own websites, and any third-party sites or services you use alongside the Service, are your responsibility and are not covered by these Terms.

12. Availability and changes to the Service

UserHint is an early-stage product under active development. We work hard to keep it reliable, but we do not guarantee that it will be uninterrupted or error-free, and these Terms do not include a service-level agreement. We may change, suspend, or discontinue any part of the Service. If we discontinue the Service entirely, or remove a material feature you actively use, we will aim to give you at least 30 days' advance notice and an opportunity to export Your Content.

13. Term, suspension, and termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you materially breach these Terms, use the Service unlawfully, or put the Service or others at risk; where practical, we will notify you and give you a chance to fix the problem first.

When your account closes, your widgets stop working and Your Content is deleted immediately and permanently. If you want a copy, ask us at the address in Section 20 before closing your account and we will provide a machine-readable export within a reasonable time, unless the account is being terminated for serious abuse. Sections of these Terms that by their nature should survive termination (including Sections 5, 9, 10, and 14 through 19) survive.

14. Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that Submissions will be complete or preserved.

15. Limitation of liability

To the fullest extent permitted by law: (a) neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill; and (b) our total liability for all claims relating to the Service is limited to the greater of the amounts you paid us for the Service in the 12 months before the claim arose and USD $100.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, such as liability for fraud or willful misconduct.

16. Indemnification

If a third party brings a claim against us arising from Your Content, your websites, or your breach of these Terms or of applicable law, you agree to defend us against the claim and to cover the damages, costs, and reasonable legal fees we incur in connection with it.

17. Changes to these Terms

We may update these Terms as the Service evolves. If a change is material, we will notify you at least 14 days before it takes effect, by email or by a prominent notice on the Service. The "Last updated" date above always reflects the current version. If you continue using the Service after a change takes effect, you accept the updated Terms; if you do not agree, stop using the Service and close your account.

18. Governing law and disputes

These Terms are governed by the laws of Colombia, without regard to its conflict-of-laws rules. Before starting formal proceedings, you agree to contact us at the address in Section 20 and give us 30 days to try to resolve the dispute informally; most issues can be sorted out this way.

Any dispute that cannot be resolved informally will be brought exclusively in the courts of Bogotá, Colombia, and both parties consent to their jurisdiction. Either party may nonetheless seek injunctive relief in any competent court to protect its intellectual property. If the mandatory laws of your country of residence grant you rights or a venue that cannot be waived by contract, nothing in this section takes those away.

19. General

These Terms are the entire agreement between you and us about the Service and supersede any prior agreements on that subject.
If any provision is found unenforceable, the rest remains in effect.
Not enforcing a provision is not a waiver of the right to enforce it later.
You may not assign these Terms without our written consent. We may assign them in connection with a reorganization of how UserHint is operated, including a transfer to a company formed to operate it, or a merger or sale; we will notify you if that happens.
Neither party is liable for delay or failure caused by events beyond its reasonable control.
These Terms are written in English, and the English version controls any translation.

20. Contact

Questions about these Terms? Contact us at [email protected].