Terms Conditions

Definitions

“Service” refers to the Focused Feedback service provided by Grappetite LLC, including all associated features, functionalities, and tools.
“Customer” refers to the individual or entity who uses the Service and agrees to be bound by these Terms and Conditions.
“Company” refers to Grappetite LLC, the provider, and creator of the Focused Feedback service.
“Contract” refers to the agreement established between the Customer and the Company for the use of the Service, which may include specific terms, pricing, and duration.
“Content” refers to any information, data, text, images, audio, video, or other materials posted, sent, or exchanged through the Service.
“Agent” refers to an authorized representative or third party acting on behalf of the Company.
“Free trial” refers to a period during which the Customer can use the Service without charge, subject to the terms and limitations set by the Company.
“Billing cycle” refers to the recurring period in which the Customer is billed for the Service, typically monthly or as otherwise specified in the Contract.
“Intellectual Property” refers to any patents, trademarks, copyrights, trade secrets, or other proprietary rights owned by the Company or its licensors.
“Third-party” refers to any individual, entity, or service provider not directly affiliated with the Customer or the Company.
“Unencrypted transfer” refers to the transmission of data over networks or devices without encryption, which may pose potential security risks.

Termination and Suspension

1. The Company reserves the right, at its sole discretion, to suspend or terminate the Customer’s account and disallow current and future use of the Service for any reason, including but not limited to:

a. Violation of these Terms and Conditions or any applicable laws or regulations.
b. Breach of the Contract established between the Customer and the Company.
c. Unauthorized use or access to the Service.
d. Engagement in fraudulent, abusive, or illegal activities.
e. Non-payment of fees or charges associated with the Service.

1. Upon termination or suspension, the Customer’s account will be blocked, and access to all content and services available through the Service will be revoked.
2. In the event of a cancellation initiated by the Customer, the following provisions apply:

a. Cancellation must be submitted in writing through the Company or its designated Agent.
b. If cancellation is made before the end of a paid month, the cancellation will take effect at the end of the month, and the Customer will not be charged again for the subsequent billing cycle.
c. If the Customer requests immediate cancellation, the unused days within the final billing cycle will not be prorated or refunded.
d. Upon cancellation, all fees paid for services, including setup fees, monthly fees, training fees, customization fees, management fees, custom phone number fees, and any other fees specified in the Customer’s agreement, will be forfeited and non-refundable.

The Company reserves the right to refuse service to anyone at any time for any reason without prior notice or explanation.

Data Protection

1. The Company is committed to protecting the privacy and security of the Customer’s data. By using the Service, the Customer acknowledges and agrees to the collection, use, and processing of their data as described in this section and the Privacy Policy.
2. The Customer understands that certain information and data will be collected during their use of the Service, which may include personal information. The Company will handle and process this data by applicable data protection laws and regulations.
3. The Customer acknowledges that the Company may collect, store, and use their data for the following purposes:

a. Providing the Service and fulfilling the obligations under the Contract.
b. Improving and enhancing the Service, including troubleshooting, maintenance, and updates.
c. Analyzing and aggregating data to generate insights and metrics for business purposes.
d. Communicating with the Customer, including responding to inquiries, providing customer support, and sending service-related notifications.
e. Complying with legal obligations, such as responding to legal requests and preventing fraudulent activities.

The Company will take reasonable measures to protect the security and integrity of the Customer’s data. However, the Customer acknowledges that no data transmission or storage can be guaranteed to be 100% secure. The Customer agrees that they are solely responsible for the security and confidentiality of their login credentials and password.
The Company may engage third-party service providers or subprocessors to assist in providing the Service. These third parties will have access to the Customer’s data only to the extent necessary for performing their services and are contractually bound to protect the data and comply with applicable data protection laws.
The Customer has certain rights regarding their data, including the right to access, correct, and delete their personal information. For inquiries or requests regarding data protection, the Customer can contact the Company using the contact information provided in these Terms and Conditions or the Privacy Policy.
The Company will retain the Customer’s data for as long as necessary to fulfill the purposes outlined in this section unless a longer retention period is required or permitted by law.
The Customer acknowledges that the Service may involve the unencrypted transfer of data over different networks and changes to adapt to technical requirements. The Company will take reasonable measures to ensure the security of data during transmission.
For more information on how the Company collects, uses, and protects the Customer’s data, please refer to the Privacy Policy, which is incorporated by reference into these Terms and Conditions.

Intellectual Property

The Service, including its systems, algorithms, functionalities, and designs, is the intellectual property of Grappetite LLC and is protected by applicable intellectual property laws and treaties.
The Customer acknowledges and agrees that all Intellectual Property rights, including but not limited to patents, trademarks, copyrights, trade secrets, and any other proprietary rights associated with the Service, are owned by the Company or its licensors.
The Customer shall not, without the written permission of the Company, copy, modify, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any portion of the PHP, HTML, CSS, JavaScript, or visual designs used in the Service.
The Customer retains all Intellectual Property rights to the content they post or send using the Service. However, by using the Service, the Customer grants the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display the Customer’s content to provide the Service and fulfill the obligations under the Contract.
The Company respects the Intellectual Property rights of others and expects the Customer to do the same. Suppose the Customer believes that their Intellectual Property rights have been infringed upon while using the Service. In that case, they should promptly notify the Company in writing and provide all necessary information for the Company to investigate and take appropriate actions.
The Customer shall not use the Service to infringe upon any agreement, copyright, trademark, or any other proprietary right of any third party. The Company disclaims any liability for the Customer’s infringement of third-party Intellectual Property rights through the use of the Service.
Any unauthorized use of the Company’s Intellectual Property or the Customer’s content may violate intellectual property laws and may result in civil and criminal penalties.

Limitation of Liability

The Customer acknowledges and agrees that the use of the Service is at their own risk. The Service is provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory.
The Company does not guarantee or warrant that the Service will meet all the specifications or requirements of the Customer, that the Service’s functions will be uninterrupted, timely, secure, or error-free, or that the Service’s output and data will be accurate or reliable. The Company also does not guarantee that the quality of the Service, interactions with the Company, or information obtained using the Service will meet the Customer’s expectations and that any errors will be corrected.
The Customer acknowledges that the Company uses third-party vendors and hosting services to provide the necessary tools and technology to run the Service. The Company shall not be liable for any acts, omissions, or breaches by these third-party vendors or for any damages, losses, or expenses incurred as a result of their actions.
In no event shall the Company, its directors, officers, employees, agents, suppliers, or affiliates be liable to the Customer or any third party 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, arising out of or in connection with the use or inability to use the Service, the results obtained from the Service, or any information obtained through the Service, regardless of the legal theory under which such liability is asserted, even if the Company has been advised of the possibility of such damages.
The Customer agrees that the total liability of the Company, its directors, officers, employees, agents, suppliers, or affiliates, for any claims arising out of or related to these Terms and Conditions, the Contract, or the use of the Service shall not exceed the total amount paid by the Customer to the Company for the Service during the twelve (12) months preceding the event giving rise to the claim.
The Customer acknowledges and agrees that any content, messages, or data transmitted or accessed through the Service is done at their discretion and risk, and they will be solely responsible for any damage or loss to their computer systems or data that may result from such activities.
The limitations of liability and disclaimers in this section apply to the fullest extent permitted by applicable law. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to the Customer.

Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, the Contract, or the use of the Service (“Dispute”) shall be resolved through the following procedures:
Informal Resolution: The parties agree to first attempt to resolve any Dispute through good faith negotiation. Either party may initiate the negotiation process by providing written notice to the other party, describing the nature of the Dispute and the requested resolution. The receiving party shall respond promptly to the notice in good faith. If the Dispute cannot be resolved within a reasonable time through negotiation, either party may proceed to the next step.
Mediation: If the Dispute is not resolved through negotiation, the parties agree to submit the Dispute to mediation. The mediation shall be conducted by a neutral third-party mediator mutually agreed upon by the parties. The mediation shall take place at a location agreed upon by the parties. The costs of the mediation shall be shared equally by the parties unless otherwise agreed. The mediation process is confidential, and the discussions, negotiations, and any settlement discussions during the mediation shall be treated as confidential.
Arbitration: If the Dispute is not resolved through negotiation or mediation, the parties agree to resolve the Dispute through binding arbitration. The arbitration shall be conducted by the rules and procedures of a recognized arbitration organization agreed upon by the parties. The arbitration shall take place at a location agreed upon by the parties. The arbitrator’s decision shall be final and binding on the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Governing Law: These Terms and Conditions, the Contract, and any Dispute shall be governed by and construed by the laws of the jurisdiction in which the Company is located, without regard to its conflict of laws principles.
Class Action Waiver: The Customer and the Company agree that any claims, disputes, or controversies shall be brought in the respective party’s capacity and not as a plaintiff or class member in any purported class or representative proceeding. The parties expressly waive any right to participate in any class action or representative action.
Jurisdiction and Venue: Any legal action or proceeding arising out of or relating to these Terms and Conditions, the Contract, or the use of the Service shall be brought in the courts of the jurisdiction in which the Company is located. The parties hereby consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

Governing Law

These Terms and Conditions, the Contract, and any disputes or claims arising out of or in connection with them shall be governed by and construed by the laws of the jurisdiction in which the Company is located, without regard to its conflict of laws principles.
Any legal action or proceeding arising out of or relating to these Terms and Conditions, the Contract, or the use of the Service shall be brought in the courts of the jurisdiction in which the Company is located. The parties hereby consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.
If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions constitute the entire agreement between the Customer and the Company regarding the Service and supersede any prior or contemporaneous agreements, understandings, or representations, whether oral or written.

Severability

If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
If a provision is determined to be unenforceable, the parties agree to replace that provision with a valid and enforceable provision that most closely reflects the original intent of the parties, and the remaining provisions of these Terms and Conditions shall remain in full force and effect.
If any court or competent authority determines that any provision of these Terms and Conditions is invalid, illegal, or unenforceable, the parties agree to negotiate in good faith to amend such provision to achieve, to the greatest extent possible, the parties’ original intentions as reflected in the original provision.
The invalidity, illegality, or unenforceability of any provision of these Terms and Conditions in any jurisdiction shall not affect the validity, legality, or enforceability of that provision in any other jurisdiction, nor shall it affect the validity, legality, or enforceability of any other provision of these Terms and Conditions.