Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the Service provided by BackFeed ("Backfeed"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms.

2. Eligibility & Accounts

You must be at least 16 (or the age of majority in your jurisdiction) to use the Service. You are responsible for your account credentials, maintaining accurate information, and all activities under your account. Admins may invite additional users; you are responsible for their compliance.

3. Subscriptions, Fees & Taxes

Paid plans, seat‑based pricing, usage limits, and overages are described at checkout or in your admin console. Fees are billed in advance (unless stated otherwise) and are non‑refundable except where required by law. You authorize us and our payment processor to charge your payment method for subscription fees, taxes, and any applicable overages. Unpaid amounts may result in suspension.

4. Trials & Beta Features

Free trials and beta/experimental features are provided "as is" with no warranties and may be modified or discontinued at any time. Usage may be capped or rate‑limited.

5. The Service; AI & Analytics

Backfeed provides tools to design, publish, and analyze forms (including AI‑assisted generation). You control your configurations and how you collect and use responses. You are responsible for: (a) the content of your forms and responses; (b) obtaining required consents/ notices from end‑users; (c) complying with applicable laws; and (d) honoring data subject/consumer requests.

6. Customer Data & Privacy

Between the parties, you own all rights in Customer Data (form content, responses, files). We process Customer Data solely to provide the Service, per your settings, our Privacy Policy, and the DPA. You instruct us to process Customer Data as necessary to provide the Service and to share with enabled integrations. You represent that you have all necessary rights and lawful bases to submit Customer Data to the Service.

7. Acceptable Use

You will not, and will not attempt to:

• use the Service for unlawful, harmful, or deceptive activities
• upload Prohibited Content (malware, infringing or defamatory content, spam, sensitive identifiers without safeguards, or PHI without a BAA)
• reverse engineer or interfere with the Service
• circumvent security or access controls
• resell or provide the Service on a timeshare basis
• exceed plan limits without authorization

We may suspend or terminate accounts that violate these Terms or pose a security risk.

8. Intellectual Property; Licenses

We and our licensors retain all rights in the Service, software, documentation, and trademarks. Subject to your compliance, we grant you a limited, non‑exclusive, non‑transferable license to access and use the Service during your subscription.

8.1 Your Content License

You grant us a worldwide, royalty‑free license to host, process, transmit, and display Your Content and Customer Data solely to provide and improve the Service and to support integrations you enable. We do not use Customer Data to train generalized AI models.

8.2 Feedback

If you provide feedback or suggestions, you grant us a perpetual, irrevocable license to use it without restriction or compensation.

9. Third‑Party Services & Integrations

Certain features integrate with third‑party services (e.g., Slack, webhooks, iframes/embeds, payment gateways, analytics, AI providers). Your use of third‑party services is governed by their terms and privacy notices. We are not responsible for third‑party services and do not warrant their performance.

10. Availability, Support & Modifications

We aim for high availability and enterprise‑grade security, but the Service may be unavailable due to maintenance, outages, or factors beyond our control. We may modify or discontinue features at any time. Support offerings and response targets are described in your plan.

11. Confidentiality

Each party may access confidential information of the other. The receiving party will use reasonable care to protect it and will use it only as permitted by these Terms. This section does not limit broader confidentiality or data‑protection terms in the DPA.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. AI OUTPUTS MAY BE INACCURATE OR INCOMPLETE; YOU ARE RESPONSIBLE FOR REVIEWING AND VALIDATING OUTPUTS.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR PAYMENT OBLIGATIONS, DATA‑PROTECTION/CONFIDENTIALITY BREACHES, OR INDEMNITY OBLIGATIONS, EACH PARTY'S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

14. Indemnification

You will indemnify and hold us harmless from claims arising out of (a) Your Content or Customer Data; (b) your use of the Service in violation of law or these Terms; or (c) use of third‑party services you enable. We will indemnify you from third‑party claims that the Service, as provided by us, infringes intellectual property rights, subject to customary exclusions and your cooperation.

15. Term, Suspension & Termination

These Terms remain in effect while you use the Service. Either party may terminate for material breach after notice and a 30‑day cure period. We may suspend access for late payment, security risks, or violations. Upon termination, your access ceases and we will delete or return Customer Data per the DPA and your export settings.

16. Governing Law; Dispute Resolution

These Terms are governed by the laws of [Jurisdiction]. The U.N. Convention on Contracts for the International Sale of Goods does not apply. Parties will first attempt to resolve disputes informally; if unresolved, disputes will be resolved through binding arbitration.

17. Export & Sanctions Compliance

You represent that you are not located in, or a resident of, any jurisdiction subject to comprehensive sanctions and will not use the Service for prohibited end‑uses.

18. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or in‑app notice. Continued use after the Effective Date constitutes acceptance of the revised Terms.

19. Notices

Legal notices may be sent to legal@backfeed.ai and to your account email. Formal notices must be delivered to BackFeed, [Company Address].

20. Miscellaneous

These Terms, together with the Privacy Policy, DPA, order form, and any applicable policies, are the entire agreement. If any provision is unenforceable, the remainder remains in effect. You may not assign without our consent; we may assign in connection with a merger, acquisition, or sale of assets. No waiver is implied by failure to enforce.

21. Definitions

• Customer Data: data submitted to forms or otherwise processed on your behalf.
• Your Content: forms, configurations, uploads, templates, and other materials you provide.
• Service: the Backfeed website, applications, APIs, and related services.