Last updated: 17 June 2020
Welcome to AskBeat Customer Feedback (“AskBeat”, “AskBeat Customer Feedback App”, “App”, “we”, “us”, “our”). AskBeat Customer Feedback provides emailing NPS® surveys* to buying customers and/or customers with abandoned checkouts (“store customers”), collecting their responses and reporting of results (“Services”) to merchants who use Shopify to power their stores (“store”, “user”, “you”, “your”).
These Terms shall govern your use of the AskBeat Customer Feedback App and the provided Services. After you install our App in your Shopify-supported store, we will ask you to expressly agree to these Terms of Service. Please read these Terms carefully before using our App and the provided Services.
By using our App and the provided Services, you agree to comply with these Terms (“Terms of Service”, “Terms”), which also incorporate by reference our Privacy Policy, located at https://askbeat.com/customer-feedback/privacy-policy and our Data Processing Agreement under the European General Data Protection Regulation (GDPR) located at https://askbeat.com/customer-feedback/dpa.
By using AskBeat Customer Feedback, you accept these Terms in full; accordingly, if you disagree with these Terms or any part of these Terms, you must uninstall the App from your Shopify-supported store.
AskBeat Customer Feedback is not intended for anyone under 18 years of age (“Children”); by using our App or agreeing to these Terms, you warrant and represent to us that you are at least 18 years of age.
*NPS®, Net Promoter System®, Net Promoter Score® and Net Promoter®, are registered trademarks of Bain & Company, Inc., Satmetrix Systems, Inc., and Fred Reichheld. We own no copyright or intellectual property rights.
Subject to the express provisions of these Terms, we own and control all the copyright and other intellectual property rights of material on our App, except for third party copyright material; and all the copyright and other intellectual property rights on our App are reserved, except for third party copyright material.
If you want to use AskBeat Customer Feedback, you will be able to do so by installing our App through your Shopify account dashboard. Once the AskBeat Customer Feedback App is installed, you can access the App solely through your Shopify account, meaning that you don’t need to create an account and credentials for using our App.
You are responsible for any activity on our App arising out of any failure to keep your Shopify account credentials confidential, and may be held liable for any losses arising out of such a failure.
You must notify Shopify immediately if you become aware of any disclosure of your Shopify account credentials.
You warrant and represent that your use of the App and the provided Services will comply with these Terms.
You warrant that you will only use the App and the provided Services to send NPS® surveys solely to your Shopify store customers and that you will not use the App to send any unsolicited messages.
You warrant that you will not use the App and the provided Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You warrant that all the information (including but not limited to store name, reply-to email address, email subject line, question text, unsubscribe text and note for answer tracking) you supply to your store customers through the use of our App is true, accurate, current, complete and non-misleading.
You also warrant that you have:
Your content must not:
These content rules also ensure our compliance with our email service providers’ acceptable use policy.
The AskBeat Customer Feedback App is provided on the basis of a recurring 30-day subscription. Our subscription plans include a free plan, as well as pre-set and custom (upon request) paid plans, each offering different usage levels.
The recurring monthly fee for the paid plans is clearly stated in U.S. dollars and is handled by Shopify at the start of each of your Shopify billing cycles. The recurring App charge is applied every 30 days from the day you accepted the charge for the AskBeat Customer Feedback App (“App billing cycle”), which may or may not coincide with your Shopify billing cycle.
By purchasing an App paid subscription plan, you authorize Shopify to charge you with the relevant fee at the start of each of your Shopify billing cycles.
We reserve the right to alter the fees for our paid subscription plans. If you are subscribed to a paid plan, we may cancel your current recurring charge in Shopify upon reasonable notice and not earlier than the end of your 30-day subscription plan period. In order for you to continue using the AskBeat Customer Feedback App, you will have to accept a new recurring charge from our App, otherwise you will be automatically switched to the free plan. To the extent expressly provided otherwise in these Terms, you will not be entitled to any compensation or other payment upon the fees alteration of our App and the provided Services.
You may cancel a free subscription plan at any time, by uninstalling the App. You may cancel a paid subscription plan and its recurring charge, by uninstalling the App or switching to our free plan.
Important notes:
The App may include hyperlinks to other websites, owned and operated by other companies (“third party websites”); such hyperlinks are provided for your reference.
Although we’ve made every effort to provide you with accurate and credible resources, we have no control over the contents of third party websites, we cannot guarantee for the third party websites’ content, services, products or privacy protection practices and and we accept no responsibility for them or for any loss or damage that may arise from your use of them. You are advised to always read the Terms and Privacy Policy of the third party websites.
Any use of the App and the provided Services is at your own risk. The App and Services are provided on an “AS IS” and “AS AVAILABLE” basis. The App and Services are provided without any representations or warranties, express or implied, including, but not limited to, implied warranties of merchantability, title, fitness for a particular purpose and non-infringement.
We do not warrant or represent: the accuracy, reliability, completeness, suitability, usefulness or correct use of the App and the provided Services; that the App and the provided Services will meet your requirements; or that the App and the provided Services will remain uninterrupted, available at any time or location, error or virus and other harmful components free or that any errors or defects will be corrected.
We reserve the right to discontinue the App and the provided Services at our sole discretion. In such a case, your free or paid subscription plan will be terminated upon reasonable notice and not earlier than the end of your 30-day subscription plan period. To the extent expressly provided otherwise in these Terms, you will not be entitled to any compensation or other payment upon the discontinuance of the App and the provided Services.
We reserve the right to alter the App and the provided Services at our sole discretion without notice or explanation. To the extent expressly provided otherwise in these Terms, you will not be entitled to any compensation or other payment upon the alteration of the App and the provided Services.
We reserve the right to suspend or restrict user access to the App and the provided Services. We may, for example, suspend access to the App during server maintenance or when we update the App. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on AskBeat Customer Feedback.
To the maximum extent permitted by applicable law and subject to Section 9, we exclude all representations and warranties relating to the subject matter of these Terms, our App and the provided Services and the use of our App and the provided Services.
The limitations and exclusions of liability set out in this Section and elsewhere in these Terms of Service, govern all liabilities arising under these Terms or relating to the subject matter of these Terms, including liabilities arising in contract, in tort (including negligence) or any other legal theory -resulting from, relating to or in any way connected with the use of or inability to use the App and the provided Services, whether or not we have been informed of the possibility of such damages- and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms.
We will not be liable to you in respect of any losses or damages of any nature arising out of or caused by, directly or indirectly, events beyond our reasonable control (“Force Majeure Events”), including, without limitation, failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, earthquakes, riots, strikes, acts or threats of terrorism, wars, or any other unforseen circumstances beyond our reasonable control.
We will not be liable to you in respect of any loss, damage, or disruption caused by technical and/or content errors or omissions.
We will not be liable to you in respect of any losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any special, direct, indirect, incidental or consequential loss or damage.
You agree to defend, indemnify and hold harmless AskBeat and its employees, from and against any and all claims, liabilities, damages, losses, costs and expenses (including but not limited to attorney’s fees and costs), resulting from, relating to or in any way connected with your use of the App and the provided Services, your violation of these Terms of Service, your violation of any intellectual property rights or other third party rights.
Nothing in these Terms will limit any liabilities in any way that is not permitted under applicable law; or exclude any liabilities that may not be excluded under applicable law.
Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, (e.g. your campaigns result in high number of spam complaints and/or bounced emails, your campaigns infringe any right of privacy or right under data protection legislation, etc), we may:
Where we suspend or prohibit or block you from accessing and/or using our App, you must not take any action to circumvent such suspension or prohibition or blocking.
To the extent expressly provided otherwise in these Terms, you will not be entitled to any compensation or other payment upon the suspension or prohibition or blockage of your access and/or usage of AskBeat Customer Feedback, arising from you breaching these Terms in any way.
We may revise these Terms from time to time. You are advised to periodically visit this link to check for any changes.
The revised Terms shall apply to the use of our App from the date of publication of the revised Terms (noted as “Last update date”, which is also the effective date), and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms. If you continue to use our App after the effective date, then you will be considered as having consented to the revised Terms of Service. If you disagree with our updated Terms of Service, you must stop using the App and uninstall it immediately from your Shopify store.
If a provision of these Terms is determined by any court or other competent authority to be invalid, unlawful and/or unenforceable, the other provisions will continue in effect.
If any invalid and/or unlawful and/or unenforceable provision of these Terms would be valid, lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
A contract under these Terms is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
The exercise of the parties’ rights under a contract under these Terms is not subject to the consent of any third party.
This document was created using a template from SEQ Legal.
These Terms, together with our Privacy policy & Data Processing Agreement, shall constitute the entire agreement between you and us in relation to your use of the AskBeat Customer Feedback App and the provided Services and shall supersede all previous agreements between you and us in relation to your use of our App and the provided Services.
These Terms shall be governed by and construed in accordance with Greek law. Any disputes relating to these Terms shall be subject to the jurisdiction of the courts of Athens, Greece.