Terms of Service

Product7, Inc., a Delaware corporation, operates the feedback management and customer experience platform accessible at https://product7.io and related services (collectively, the "Services").

By creating an account, accessing, or using the Services, you represent that (a) you have read and understood these Terms, (b) you have the legal capacity to enter into a binding agreement, and (c) if you are using the Services on behalf of an organization, you have authority to bind that organization to these Terms. In that case, "you" and "Customer" refer to that organization.

These Terms incorporate by reference our Privacy Policy, Cookie Policy, and, where applicable, our Data Processing Agreement.

• "Account" means the account you create to access the Services.
• "Customer Data" means content, data, and materials submitted to the Services by you or your end users, including feedback posts, comments, votes, attachments, and integration content.
• "Documentation" means the user guides, technical documentation, and policies we make available for the Services.
• "End User" means any individual who interacts with your Product7 instance, including members of your team and visitors to your public feedback boards.
• "Order" means a subscription, plan selection, or order form under which you purchase access to the Services.
• "Subscription Term" means the period during which you are entitled to use the Services as set forth in the applicable Order.

3.1 Account Creation

To use most features of the Services, you must register for an Account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your Account.

3.2 Eligibility

You must be at least 16 years of age to use the Services (or 13 in jurisdictions where permitted with appropriate consent). The Services are not directed at children under those ages.

3.3 Authorized Users

If you provision Accounts for your team members or End Users, you are responsible for their compliance with these Terms and for any activity occurring under those Accounts.

3.4 Security

You must promptly notify us of any unauthorized use of your Account or any other suspected breach of security. We are not liable for losses arising from unauthorized use of your Account that occurred prior to such notice.

4.1 Plans and Fees

Access to paid features is governed by the plan you select. Fees are stated on our pricing page or in your Order and are non-refundable except as expressly set out in these Terms or required by law.

4.2 Billing

You authorize us (and our payment processor) to charge your payment method on a recurring basis for the applicable Subscription Term. Subscriptions automatically renew at the end of each Subscription Term unless cancelled before the renewal date.

4.3 Taxes

Fees do not include taxes. You are responsible for all applicable sales, use, value-added, and similar taxes, excluding taxes on our net income.

4.4 Late Payment

Past due amounts may accrue interest at the lower of 1.5% per month or the maximum rate permitted by law. We may suspend or terminate the Services for non-payment after providing reasonable notice.

4.5 Free Plans and Trials

We may offer free plans or trial periods. We may modify or discontinue free plans and trials at any time. Free plans are provided "as is," without warranty, and excluding any service-level commitments.

5.1 License to the Services

Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during your Subscription Term solely for your internal business purposes.

5.2 Restrictions

You agree not to, and not to permit any third party to:

• Reverse engineer, decompile, or attempt to extract the source code of the Services;
• Resell, sublicense, lease, or otherwise commercially exploit the Services except as expressly permitted;
• Circumvent or attempt to circumvent any usage limits, access controls, or security features;
• Use the Services to send spam, malware, or other unlawful or harmful content;
• Use the Services to violate the rights of any third party, including privacy, publicity, intellectual property, or contract rights;
• Interfere with or disrupt the integrity or performance of the Services or the data they contain;
• Use the Services to build a competing product or to benchmark without our prior written consent;
• Use the Services in violation of applicable law or any third-party platform's terms (including those of integration partners such as Slack).

5.3 Usage Limits

Plans may include limits on seats, posts, integrations, API calls, or storage. We may enforce these limits or charge for usage beyond them as set out on our pricing page.

6.1 Ownership

As between you and Product7, you retain all rights, title, and interest in and to your Customer Data. We do not claim ownership of your Customer Data.

6.2 License to Us

You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process your Customer Data solely as necessary to provide and improve the Services, prevent or address technical or security issues, and comply with applicable law.

6.3 Public Content

If you make Customer Data publicly available (for example, via a public feedback board or roadmap), you are responsible for ensuring it is appropriate for public display and that you have the rights to publish it.

6.4 Responsibility for Customer Data

You are solely responsible for the accuracy, quality, integrity, and legality of your Customer Data, and for obtaining all necessary rights and consents to provide it to us. We do not pre-screen Customer Data and are not responsible for its content.

6.5 Aggregated and De-identified Data

We may use aggregated and de-identified data derived from your use of the Services to operate, improve, analyze, and market our Services, provided that such data does not identify you, your End Users, or any individual.

7.1 Our Rights

The Services, including all software, content, designs, logos, and Documentation, are owned by Product7 or our licensors and are protected by intellectual property laws. Except for the limited rights granted in these Terms, we and our licensors reserve all rights.

7.2 Feedback

If you submit suggestions, ideas, or feedback to us about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such feedback into our products and services without restriction or compensation.

7.3 Trademarks

"Product7" and our logos are our trademarks. You may not use them without our prior written permission, except to identify your use of the Services as expressly permitted.

The Services may interoperate with third-party products and services (such as Slack, Jira, Linear, and others). Your use of those third-party services is governed by the applicable third-party terms, and we are not responsible for them. Disabling or changes to a third-party service may impact the functionality of related Service features.

When you authorize an integration, you authorize us to access and exchange data with the third-party service as needed to provide the integration.

Our collection and use of personal data is described in our Privacy Policy. To the extent we process personal data on your behalf as a processor, our Data Processing Agreement applies.

We maintain administrative, technical, and physical safeguards designed to protect Customer Data, as further described in our Privacy Policy and security documentation.

Each party (the "Receiving Party") may receive confidential information of the other party (the "Disclosing Party"). The Receiving Party agrees to (a) use Confidential Information only to exercise its rights and perform its obligations under these Terms, and (b) protect Confidential Information using at least the same degree of care it uses for its own information of like importance, and in no event less than reasonable care.

Confidential Information does not include information that is publicly available without breach, was rightfully known prior to disclosure, is rightfully obtained from a third party without restriction, or is independently developed without use of the Confidential Information.

11.1 Termination by You

You may cancel your subscription at any time through your Account settings or by contacting support. Cancellation takes effect at the end of the current Subscription Term unless otherwise stated.

11.2 Termination by Us

We may suspend or terminate your access to the Services if (a) you materially breach these Terms and fail to cure within 15 days of notice, (b) you fail to pay fees when due, (c) we reasonably believe your use of the Services creates a security or legal risk, or (d) required by law.

11.3 Effect of Termination

On termination, your right to access the Services ends. We will make Customer Data available for export for a reasonable period (typically 30 days) following termination, after which we may delete it in accordance with our retention policies. Sections that by their nature should survive termination will survive, including Sections 6.5, 7, 10, 12, 13, 14, 15, and 16.

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PRODUCT7 SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO PRODUCT7 IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14.1 By You

You will defend, indemnify, and hold harmless Product7 and its officers, directors, employees, and agents from any third-party claims, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your Customer Data, (b) your use of the Services in violation of these Terms or applicable law, or (c) your breach of any representation, warranty, or covenant in these Terms.

14.2 By Us

We will defend you against any third-party claim alleging that the Services, when used as authorized under these Terms, infringe a valid intellectual property right, and will pay damages and costs finally awarded against you (or amounts in any settlement we approve in writing).

14.3 Procedure

The indemnified party must (a) promptly notify the indemnifying party of the claim, (b) give the indemnifying party sole control over the defense and settlement, and (c) provide reasonable cooperation. The indemnifying party may not settle a claim that admits liability or imposes any obligation on the indemnified party without prior written consent.

15.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15.2 Venue

Subject to Section 15.3, any action arising out of or relating to these Terms must be brought exclusively in the state or federal courts located in New Castle County, Delaware, and each party consents to the personal jurisdiction and venue of those courts.

15.3 Informal Resolution

Before filing a formal claim, you agree to first contact us at legal@product7.io and attempt to resolve the dispute informally. If we cannot resolve the dispute within 60 days of notice, either party may pursue formal proceedings.

15.4 Equitable Relief

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

We may update these Terms from time to time. If we make material changes, we will provide reasonable advance notice (typically by email or through the Services) before they take effect. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

17.1 Entire Agreement

These Terms, together with the documents they incorporate by reference, constitute the entire agreement between you and Product7 regarding the Services and supersede all prior agreements on the subject.

17.2 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets. Any assignment in violation of this section is void.

17.3 No Waiver

A failure to enforce any provision of these Terms is not a waiver of that or any other provision.

17.4 Severability

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent.

17.5 Force Majeure

Neither party is liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or telecommunications failures, or governmental actions.

17.6 No Agency

These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Product7.

17.7 Notices

We may provide notices to you by email to the address associated with your Account or by posting in the Services. You must send notices to us at legal@product7.io.

17.8 U.S. Government Customers

The Services are "commercial items" as defined in 48 C.F.R. § 2.101. Government use is subject to these Terms.

17.9 Export Compliance

You may not use or export the Services in violation of U.S. export laws or regulations or the laws of any other applicable jurisdiction.