At Zonka Feedback, we’re committed to keeping your data secure, your private information private, and being transparent about our practices as a business. For any questions, please reach out to your Account Manager or email us at firstname.lastname@example.org
These Terms of Service (Agreement) is between you ("Customer", "User", "You") and Zonka Technologies Private Limited ("Company", "Zonka Feedback") – the operator of the Zonka Feedback website, products, and services ("Services").
By using the www.zonkafeedback.com website ("Zonka Feedback Website"), Zonka Feedback platform, a cloud-based SaaS application, and Mobile Apps downloadable from Google Play Store or iOS App Store ("Apps"), you agree to these Terms. This applies to browsing, registered, trial, free, and full-fledged users ("Authorized Users", “Users”, "Customers").
If you're representing a company, you affirm the authority to accept this Agreement on its behalf.
These Terms allow Customers to purchase subscriptions to online SaaS products and services from Zonka Feedback as specified in Order Form(s). It governs initial and future purchases. The "Effective Date" is when you access a Service or the date of the first Order Form.
Your acceptance, access, or use of Services confirms Agreement to these Terms. If you disagree, please refrain from using our Services.
The Company can modify these Terms without prior notice.
We may offer you a 'Free Trial' of our services for a limited time. This trial provides access to the whole or part of our services and is subject to limitations. It's non-exclusive, non-transferable, revocable, and meant for your evaluation of the Services.
You are solely responsible for obtaining any necessary hardware, software, or services required to use our services.
We reserve the right to make changes to the Site, Services, or any features at our discretion. This includes fixing bugs, correcting errors, improving performance and quality, and adding new features or expansions.
Periodically, we may introduce features in a "Beta” version. By using these features, you acknowledge that they may not be thoroughly tested, might have bugs, and may not function perfectly. We will not be held liable for any issues encountered while using features released in the "Beta” version.
After the completion of the free trial, you can continue using the service by paying the 'Subscription Fee.' Failure to pay will result in the suspension of your account.
The Fee for the services is in accordance with the plans and billing cycles listed on the Zonka Feedback Website. This fee is charged in advance prior to or at the start of the billing period. Alternatively, the fee and billing cycle can be as mutually agreed upon in writing or specified in the Order Form(s).
The Subscription Fee covers the use of the Service, Edition, and Add-Ons, as chosen during subscription or mutually agreed upon in writing, or specified in the Order Form(s).
All fees are exclusive of any taxes, levies, or duties imposed by taxing authorities. You are responsible for the payment of such taxes, except for India, where Goods & Services Tax or other prevailing government taxes will be levied in accordance with the laws.
Our Services are subscription-based. Choosing a plan from Zonka Feedback results in recurring billing cycles. Billing cycles are typically monthly or annual, depending on the chosen subscription plan.
Your use of the services and subscriptions will be subject to the limits and inclusions of your selected Subscription plan.
If you use a credit card to pay for your Zonka Feedback subscription, you represent and warrant that the credit card information you provide is correct, and you will promptly notify us in case of changes to such credit card information to ensure uninterrupted service. You also agree that if the credit card payment cannot be processed for any reason, Zonka Feedback reserves the right to suspend or cancel your Zonka Feedback subscription.
Alternatively, you can opt for a direct bank transfer. The payment amount and plan must be confirmed before making such a payment. Your plan will commence upon receipt of payment in the Zonka Feedback Account.
The Customer acknowledges and agrees that the Company and/or its licensors exclusively own all intellectual property rights in the Services and the Documentation. This Agreement does not grant the Customer any rights, patents, copyrights, database rights, trade secrets, trade names, trademarks (registered or unregistered), or any other licenses related to the Services or the Documentation, except as expressly stated herein.
The Company confirms that it possesses all the necessary rights concerning the Services and the Documentation to grant all the rights outlined in this Agreement. These rights are granted in accordance with the terms of this Agreement.
All data processing activities by the Service will be governed by the Data Processing Addendum (“DPA”) incorporated by reference herein.
As between the parties, Customer will retain all right, title and interest (including any and all Intellectual Property Rights) in and to the Customer Data as provided to Zonka Feedback. Subject to the terms of this Agreement, Customer hereby grants to Zonka Feedback a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Customer Data solely to the extent necessary to provide the Services to Customer.
Except as otherwise expressly agreed between the Parties in writing by entering into a business associate Agreement for HIPAA data, Customer specifically agrees not to use the Services to collect, store, process or transmit any Sensitive Personal Information. Customer acknowledges that Zonka Feedback is not a payment card processor and that the Services are not PCI DSS compliant. Except for Zonka Feedback’s obligations as a business associate pursuant to this Agreement, Customer shall be responsible for any Sensitive Personal Information it submits to the Service, and Zonka Feedback will treat such submissions as Customer Data as defined in this Agreement such that Zonka Feedback is not subject to any additional obligations that apply to Sensitive Personal Information.
You are required to provide accurate and complete information, including your legal full name, a valid email address, and any other requested details, during the free trial request, registration, and onboarding process for using the Service.
You must comply with all applicable laws and regulations in relation to your activities under this Agreement. Without limiting the generality of the foregoing, Customer will not engage in any unsolicited advertising, marketing, or other activities using the Services, including without limitation any activities that violate the Telephone Consumer Protection Act of 1991, CAN-SPAM Act of 2003 or any other anti-spam laws and regulations.
You are responsible for ensuring that all Authorized Users use the Services in accordance with the terms and conditions of this Agreement. You are also accountable for any breach of this Agreement by an Authorized User.
You should ensure that your network, devices, and systems adhere to the relevant specifications provided by the Company from time to time.
You are solely responsible for procuring and maintaining the necessary devices required to use the Service.
You are responsible for maintaining the security of your account and password.
You are accountable for all content posted and activities carried out under your account. This includes authorizing Users and Users providing Feedback.
You agree to our Acceptable Use Policy while using our Services.
You must not modify, adapt, copy, clone, or attempt to hack the Service.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, the use of the Service, or access to the Service without the express written permission of the Company.
Your Subscription will automatically renew at the end of each billing cycle unless you cancel the auto-renewal option from your online Zonka Feedback account management page, or by contacting our customer support team.
For manual modes or pay by invoice, renewal will occur between 1 month and 1 week prior to the end of the ongoing billing cycle.
You have the flexibility to upgrade or downgrade plans, add or remove add ons, or any features, at any time. This can be done directly from within your Zonka Feedback platform or application.
All upgrades take effect immediately, and the pricing is calculated on a pro-rata basis for the remaining duration of the current billing cycle.
Downgrades will take effect from the beginning of the next billing cycle. There will be no prorating for downgrades made during a billing cycle, including reductions in device licenses, users, and location licenses.
Please be aware that downgrading your Service might result in the loss of certain features, limits or add ons. The Company is not liable for any such loss.
Any material you upload to the Zonka Feedback Service remains your property. We do not claim intellectual property rights over your content.
By using our Services, you grant us a limited license to utilize your content for the purpose of providing the Services. This license is not an ownership claim and is solely for service provision.
While we don't pre-screen content, we have the right to refuse or remove content at our discretion if it violates our guidelines.
Your data will be stored as long as your account is active. Accounts inactive for over 12 months may lead to account termination and content deletion.
We are not responsible for data deletions made by you or your users. Deleted data is irreversible.
We only access customer data when necessary for service provision or support, limited to authorized personnel.
Inactive accounts for 12 months may be terminated and content deleted. You may be informed of the same prior to deletion.
Data deletion requests are processed within 10 calendar days of receipt.
Technical support is available exclusively through email, chat, tickets channels, as outlined in the subscription plans you are enrolling in, or as agreed upon in the Order Form(s).
You acknowledge and agree that the Company utilizes third-party vendors and hosting partners to facilitate the necessary hardware, software, networking, storage, and related technology required to operate the Service. The Company retains the right to modify its third-party vendors as needed. For details on the third-party subprocessors engaged by the Company, please refer to our Third-Party Subprocessors List
Subscribing to the Service does not include any on-site or remote training beyond the general online group training sessions or webinars provided by the Company at its discretion, or as agreed upon in the Order Form(s).