Terms of Service
Last updated: December 2024 | Version 1.0
1. Introduction
Welcome to 360 AI Feedback. These Terms of Service ("Terms") constitute a legally binding agreement between you and 360 AI Feedback, LLC ("we," "our," or "us") governing your use of our AI-powered feedback platform and services (the "Service") operated at 360aifeedback.com.
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Service. These Terms apply to all users, including team leaders, team members, and administrators.
Company Information:
360 AI Feedback, LLC | Registration: [Your State Registration Number] | Address: [Your Business Address]
2. Service Description
360 AI Feedback provides a comprehensive platform for collecting, analyzing, and delivering feedback within teams and organizations. Our Service includes:
Core Features:
- Feedback collection tools and surveys
- Anonymous and identified feedback options
- Team management and collaboration features
- Data visualization and reporting
AI-Powered:
- AI-powered analysis and insights generation
- Sentiment analysis and theme identification
- Personalized recommendations
- Trend analysis and benchmarking
3. User Accounts and Responsibilities
3.1 Account Creation and Eligibility
You must be at least 16 years old and have the legal capacity to enter into this agreement. You must provide accurate, complete, and current information when creating your account. Organizations may create accounts on behalf of their employees with proper authorization.
3.2 Account Security
- You are responsible for maintaining the confidentiality of your account credentials
- You must use strong passwords and enable two-factor authentication when available
- You are responsible for all activities under your account
- You must notify us immediately of any unauthorized use of your account
- We are not liable for losses resulting from unauthorized use of your account
3.3 User Responsibilities
- Provide honest, constructive, and professional feedback
- Respect the privacy and confidentiality of other users
- Use the Service only for legitimate business purposes
- Comply with all applicable laws and regulations
- Maintain current and accurate profile information
4. Acceptable Use Policy
4.1 Feedback Content Standards
Feedback provided through our Service must be:
- Factual and based on direct experience or observation
- Professional and constructive in nature
- Free from discriminatory, harassing, or threatening content
- Relevant to work performance, team dynamics, or professional development
- Respectful of individuals' dignity and privacy
4.2 Prohibited Activities
You agree not to use the Service to:
Legal Violations:
- Violate any laws, regulations, or third-party rights
- Engage in fraudulent or illegal activities
- Violate privacy or employment laws
- Infringe intellectual property rights
Harmful Content:
- Transmit harmful, threatening, or abusive content
- Share discriminatory or harassing material
- Publish false or defamatory statements
- Violate others' privacy or confidentiality
Technical Misuse:
- Interfere with or disrupt the Service
- Attempt unauthorized access to systems
- Reverse engineer or disassemble software
- Use automated tools to access the Service
Account Misuse:
- Share login credentials with unauthorized parties
- Create multiple accounts to circumvent limitations
- Impersonate other individuals or entities
- Use the Service for competitive intelligence
5. Payment Terms
5.1 Subscription Plans
We offer both free and paid subscription plans. Free plans are subject to usage limitations including team size, number of surveys, and AI insights. Paid plans require valid payment information and are billed in advance on a monthly or annual basis.
5.2 Billing and Payment
- Subscription fees are charged in advance and automatically renew
- All prices are in US Dollars unless otherwise specified
- Taxes may be added to your invoice as required by law
- Payment is due immediately upon invoice unless other terms are agreed
- Late payments may result in service suspension
5.3 Refunds and Cancellations
- All fees are non-refundable except as required by law or our refund policy
- You may cancel your subscription at any time through your account settings
- Cancellations take effect at the end of the current billing period
- No partial refunds for unused portions of the service
- We may offer prorated refunds at our discretion for service issues
5.4 Price Changes
We reserve the right to change our pricing with 30 days' advance notice. Existing subscribers will be notified by email and may cancel before the new pricing takes effect.
6. Data Ownership and Privacy
6.1 Your Data Ownership
You retain ownership of all data you input into the Service ("Customer Data"), including feedback content, team information, and user profiles. We do not claim ownership of your data and use it solely to provide the Service as described in our Privacy Policy.
6.2 Data Processing and AI Analysis
We process your data to provide the Service, including using artificial intelligence to analyze feedback and generate insights. AI processing helps identify themes, sentiment patterns, and recommendations to improve team dynamics and individual growth.
6.3 Anonymous Feedback
When users choose to provide anonymous feedback, we implement technical measures to protect their identity. However, complete anonymity cannot be guaranteed in all circumstances, particularly in very small teams where feedback patterns might be identifiable.
6.4 Data Export and Portability
You may export your data at any time in standard formats (CSV, JSON). Upon account termination, data export is available for 30 days after which data may be permanently deleted in accordance with our retention policies.
7. Service Level Agreement
7.1 Uptime Commitment
We target 99.5% uptime for our Service, calculated monthly and excluding scheduled maintenance. Planned maintenance will be announced at least 48 hours in advance through email notifications and service status updates.
7.2 Service Credits
For paid subscribers, service credits may apply for extended outages exceeding our SLA:
- Uptime 99.0% - 99.49%: 10% service credit
- Uptime 95.0% - 98.99%: 25% service credit
- Uptime below 95.0%: 50% service credit
7.3 Support Response Times
- Critical Issues (service down): 2 hours
- High Priority: 8 hours
- Normal Priority: 24 hours
- Low Priority: 72 hours
8. AI Service Limitations and Disclaimers
8.1 AI-Generated Content
AI-generated insights and recommendations are provided for informational purposes only and should not be considered as professional advice. We do not guarantee the accuracy, completeness, or suitability of AI analysis for any particular purpose.
8.2 Human Judgment Required
Users should exercise professional judgment when acting on AI recommendations. AI analysis is intended to supplement, not replace, human decision-making in personnel and team management matters.
8.3 Bias and Limitations
AI systems may have inherent biases or limitations. We continuously work to improve our AI models, but users should be aware that AI analysis may not capture all nuances of human feedback and workplace dynamics.
9. Intellectual Property
The Service, including its software, algorithms, design, text, graphics, logos, and other content, is owned by us and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.
You may not copy, modify, distribute, sell, or lease any part of our Service or reverse engineer or attempt to extract the source code of our software, unless laws prohibit those restrictions or you have our written permission.
10. Limitation of Liability
IMPORTANT: PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Business interruption or operational delays
- Reputational harm or damage
- Third-party claims or litigation costs
Our total liability to you for all claims arising from the Service shall not exceed the amount you paid us in the twelve months preceding the claim, or $100, whichever is greater.
11. Force Majeure
Neither party shall be liable for delays or failures in performance due to circumstances beyond their reasonable control, including but not limited to:
- Natural disasters, pandemics, or public health emergencies
- Government actions, laws, or regulations
- Internet infrastructure failures or cyber attacks
- Third-party service provider outages
- Labor disputes or strikes
The affected party must promptly notify the other party and use reasonable efforts to minimize the impact of such circumstances.
12. Termination
12.1 Termination by You
You may terminate your account at any time by canceling your subscription through your account settings or contacting support. Termination is effective at the end of your current billing period.
12.2 Termination by Us
We may suspend or terminate your access immediately if you violate these Terms, engage in prohibited activities, or fail to pay fees when due. We will provide notice when possible, except in cases of serious violations.
12.3 Effect of Termination
Upon termination, your right to use the Service ceases immediately. We may delete your data after a reasonable retention period in accordance with our Privacy Policy. You remain liable for all charges incurred before termination.
13. Dispute Resolution
13.1 Informal Resolution
Before pursuing formal dispute resolution, the parties agree to attempt to resolve any disputes through good faith negotiations for a period of 30 days. Contact us at legal@360aifeedback.com to initiate informal resolution.
13.2 Binding Arbitration
If informal resolution is unsuccessful, any disputes shall be resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in [Your State/City] or remotely by mutual agreement.
13.3 Class Action Waiver
You agree to resolve disputes individually and waive any right to participate in class actions or collective proceedings, except where prohibited by law.
14. Changes to Terms
We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. We will:
- Notify you of significant changes by email at least 30 days before they take effect
- Post the updated Terms on our website with a new "Last Updated" date
- Provide a summary of material changes when possible
- Allow you to terminate your account if you disagree with the changes
Your continued use of the Service after changes take effect constitutes acceptance of the new Terms.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions. Any disputes not subject to arbitration shall be resolved in the state or federal courts located in Delaware.
16. Miscellaneous
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any additional terms you accept, constitute the entire agreement between you and us regarding the Service.
16.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
16.3 Assignment
We may assign our rights and obligations under these Terms. You may not assign your rights without our prior written consent.
16.4 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
17. Contact Information
If you have any questions about these Terms, please contact us:
Legal Department
Email: legal@360aifeedback.com
Phone: [Your Business Phone]