Zonka Technologies Pvt. Ltd. Terms of Use
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.
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Services
- Free Trial
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.
- Prerequisites for use of Service
You are solely responsible for obtaining any necessary hardware, software, or services required to use our services.
- Modification and Upgrading of Service
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.
- Features in Beta Version
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.
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Fees
- Subscription Fee
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).
- Taxes
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.
- Subscription Model
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.
- Restrictions on Use
Your use of the services and subscriptions will be subject to the limits and inclusions of your selected Subscription plan.
- Modes of Payment
You can subscribe online through our website using your credit card. Zonka Feedback uses a third-party payment processor. By making payments through third-party processors, you indicate that you have reviewed their terms and privacy policy. You can find the terms and privacy policy of the third-party processor on their website.
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.
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IP and Licensing Rights
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.
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Customer’s Data, Responsibilities and Obligations
- Data Processing by Zonka Feedback
All data processing activities by the Service will be governed by the Data Processing Addendum (“DPA”) incorporated by reference herein.
- Rights in Customer Data
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.
- No Sensitive Personal Information.
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.
- Provide True Details
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.
- Compliance with Law
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.
- Authorized Users Access
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.
- Specifications Compliance
You should ensure that your network, devices, and systems adhere to the relevant specifications provided by the Company from time to time.
- Hardware Procurement & Maintenance
You are solely responsible for procuring and maintaining the necessary devices required to use the Service.
- Account Security
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.
- Usage Restrictions
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.
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Renewals, Upgrading and Downgrading Terms
- Renewals
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.
- Upgrading and Downgrading
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.
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Modifications to the Service and Prices
- The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
- Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Zonka Feedback Website or the Service itself.
- The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
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Refund Policy
- The Company allows you to try the Service before paying for it and has No Refund Policy after subscription and payment to the Company.
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Cancellation and Termination
- Your Zonka Feedback subscription will automatically renew at the end of each billing cycle until you cancel your subscription or downgrade to a free plan, if available. You can turn off auto-renewal from your account settings to prevent being charged at your next billing date. If you pay manually via invoice, inform your Account Manager in writing or send an email for cancellation to hello@zonkafeedback.com at least one week before your renewal date.
- In any case of cancellation, your Subscription will continue until the end of that billing cycle before terminating. No refunds are issued for cancellations.
- You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account Settings in Zonka Feedback platform or by a written signed request.
- The Service will remain active until the end of the billing cycle for which you have paid for. All your content will be immediately inaccessible from the Service once the account is inactive.
- If you cancel the Service before the end of your current billing cycle, your cancellation will take effect immediately, and you will not be charged again. No refunds will be made for any time left in either of the cases.
- The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service if you are in breach of this Agreement or any additional agreed terms in writing. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
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Privacy Policy
- Ownership of Content
Any material you upload to the Zonka Feedback Service remains your property. We do not claim intellectual property rights over your content.
- User License
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.
- Content Screening and Removal
While we don't pre-screen content, we have the right to refuse or remove content at our discretion if it violates our guidelines.
- Data Retention
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.
- Deletion of Data
We are not responsible for data deletions made by you or your users. Deleted data is irreversible.
- Data Access
We only access customer data when necessary for service provision or support, limited to authorized personnel.
- Account Termination
Inactive accounts for 12 months may be terminated and content deleted. You may be informed of the same prior to deletion.
- Data Deletion Requests
Data deletion requests are processed within 10 calendar days of receipt.
For full details on data collection, usage, and protection, please review our Privacy Policy.
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Content Backup
- All data is backed up nightly, weekly and monthly and nightly backup for the past 15 days are maintained. Backups older than 15 days are deleted from the server and are not recoverable.
- The backup is used for disaster recovery in case of any loss of data and not restoring data for any individual accounts unless the loss of data is due to error in Service.
- In case of termination or cancellation of your account, all data will be permanently deleted from all backups and logs after one year of inactivity. This information cannot be recovered once it has been permanently deleted.
- The Customer is responsible for its own backup and data exports. You can download your data in CSV format and reports in PDF Format. You can also schedule your reports to be delivered to you in your inbox. In case of any deletions from your end, Zonka Feedback is not responsible for retrieving the data.
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Support and Hosting
- Technical Support
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).
- Third-Party Subprocessors
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
- Training
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).
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Application Updates and Maintenance
- The Company reserves the right, from time to time, to modify, update or discontinue, temporarily or permanently, any part of the Service with or without notice. Such updates may include rolling out new features, Improvements, regular maintenance, correcting errors and/or removing features.
- From time to time, Company will perform scheduled maintenance to ensure systems are optimum and any modifications are rolled out. The Service in part or in full may not be available during these times. The Company will take reasonable care to ensure the scheduled maintenance does not disrupt access to Service to whatever extent possible.
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No Warranties, Limitation of Liability
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The terms in this section will be applicable to you whether or not the Company, its representatives, Employees, Partners or Resellers have advised of any Services, Features or Offerings by the Company.
- The aggregate liability company, its employees, officers, agents, suppliers, and licensors arising out of or in connection with the service and these terms will not exceed the amount paid by you to the company for use of the service at issue during the 12 months prior to the event giving rise to the liability.
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Indemnification
- The Customer shall indemnify and hold Company harmless from and against any and all damages, liabilities, costs and expenses (including reasonable attorney’s fees) which Company incurs as a result of any claim arising out of any third party claim with your end users use of Service or breach of these terms of use.
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Misc.
- We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violate any party’s intellectual property or these Terms of Service.
- The Parties acknowledge and agree that the Service by the Company and its employees, offers, agents, suppliers or licensors shall be as an independent service provider and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee, officer or agents will result in immediate account termination.
- You grant the right to the Company to disclose use of product by you including use of your logo, name and trademarks on Zonka Feedback Website and in other marketing material solely for the purpose of marketing the Service. The Company may disclose such information from the day you start using the Service till up to 12 months after the termination / cancellation of the account.
- Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
- The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire Agreement between you and the Company and governs your use of the Service, superseding any prior Agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
- If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement.
- Questions about the Terms of Service should be sent to hello@zonkafeedback.com.
- This Agreement shall be governed, construed, and enforced in accordance with the laws of Delhi and India, without regard to its conflict of laws rules.