All legal articles/Terms

User Terms of Service

6 minute read
Last updated February 05, 2018

These User Terms of Service (the “User Terms”) govern your access and use of our online feedback management and user research analysis tools (the “Services“).

Your use of the Services indicates that you have had sufficient opportunity to access these User Terms and that you have read and accepted these User Terms. You should immediately cease accessing and using the Services if you do not accept these User Terms.

Introduction

An organization that we refer to in these User Terms as the “Customer” has invited you to a team. If you are joining one of your employer’s teams, for example, the Customer is your employer.

The Customer has separately agreed to our Customer Terms of Service (the “Contract”) that permitted the Customer to create a team so that you and others could join. Each invitee granted access to the Services, including you, is an “Authorized User”.

The Contract contains our commitment to deliver the Services to the Customer, who may then invite Authorized Users to join its team(s). When an Authorized User (including, you) submits content to the Services, such as textual data or files (“Customer Data”), you acknowledge and agree that the Customer Data is owned by the Customer and the Contract provides the Customer with many choices and control over that Customer Data.

Privacy Policies

Please review our User Privacy Policy and Website Visitor Privacy Policy for more information on how we collect and use data relating to the use of the Services.

Prohibited conduct

As an Authorized User, you must not:

(a) Use the Services for any activities, or add any content to the Services:

  • unless you hold all necessary rights, licences and consents to do so;
  • that infringes the intellectual property or other rights of any person;
  • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
  • that defames, harasses, threatens, menaces, offends or restricts any person;
  • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or that would bring us or the Services, into disrepute;

(b) Interfere with or inhibit any user from using the Services;

(c) Attempt to or tamper with, hinder or modify the Services, knowingly transmit viruses or other disabling features, or damage or interfere with the Services, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Services;

(d) Facilitate or assist a third party to do any of the above acts.

Limitation of liability

To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Services. To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these User Terms, and the Australian Consumer Law to the extent applicable.

Disclaimers

The Services are provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. We do not warrant that the functions contained in any material on the Services or your access to the Services will be error free, that any defects will be corrected, that the Services or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Services will operate on a continuous basis or be available at any time. We make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any content, images, products, services, or related graphics contained in the Services for any purpose. You read, use, and act on content contained on the Services strictly at your own risk.

Indemnity

By using the Services, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:

(a) your use of or access to the Services;

(b) any breach by you of these User Terms; or

(c) any wilful, unlawful or negligent act or omission by you.

This defence and indemnification obligation will survive these User Terms and your use of the Services. These User Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Breach

You may only use the Services for lawful purposes and in a manner consistent with the nature and purpose of the Services. By using the Services, you agree that the exclusions and limitations of liability set out in these User Terms are reasonable. If you do not think they are reasonable you must not use the Services. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach these User Terms, we reserve the right to block you from the Services and to enforce our rights against you. If we do not act in relation to a breach of these User Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these User Terms by you. All rights not expressly granted in these User Terms are reserved.

Enforceability

If any provision of these User Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these User Terms in that jurisdiction. This will not affect the remainder of these User Terms, which continue in full force and effect.

Termination

These User Terms are effective until terminated by us, which we may do at any time. If we are required to terminate your account on the Services, we will notify you before we terminate your account on the Services. In the event of termination, all restrictions imposed on you by these User Terms and limitations of liability set out in the User Terms will survive.

Amendment

These Terms may be amended without notice from time to time at our sole discretion. Your use of the Services following any amendments indicates that you accept the amendments. Please check these Terms regularly to ensure you are aware of any changes, and only proceed to use the Services if you accept the new Terms.

Jurisdiction

Your use of the Services and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These User Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales. The Services may be accessed throughout Australia and overseas. We make no representation that the Services complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Services.

Entire agreement

The User Terms, including any terms incorporated by reference into the User Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these User Terms and any pages referenced in these User Terms, the terms of these User Terms will first prevail; provided, however, that if there is a conflict or inconsistency between the Contract and the User Terms, the terms of the Contract will first prevail, followed by the provisions in these User Terms, and then followed by the pages referenced in these User Terms (e.g., the Privacy Policy). The Customer will be responsible for notifying Authorized Users of those conflicts or inconsistencies and until such time the terms set forth herein will be binding.


For questions and notices, please email legal@dovetailapp.com.

All legal articles/Terms