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Last updated: 12th April, 2023

These Terms and Conditions “Terms and Conditions”) govern your use of the services offered on our website https://featureupvote.com (the “Service”) which are operated by Barbary Software SL, a company registered in Spain under company number B65915647 with its registered offices at Carrer Doctor Trueta 65, 08005 Barcelona, Spain, VAT number: ES B65915647, (“Us”, “We”, or “Our”).

Please read these Terms and Conditions carefully before registering for a subscription to use the Service.

By registering for a free trial or completing the online registration form for a chargeable subscription to use the Service and clicking on the accept buttons relating to our Terms and Conditions, acceptable use policy, (“AUP”), data processing agreement, (“DPA”) and our privacy policy, (“Privacy Policy”), you agree to be legally bound by the Terms and Conditions, AUP, DPA and Privacy Policy as they may be modified and posted on Our website from time to time. In the event of any inconsistency between the content of the Terms and Conditions, AUP, DPA and the Privacy Policy, the Terms and Conditions shall prevail followed by the AUP, DPA and then the Privacy Policy.

If you do not wish to be bound by the Terms and Conditions, AUP, DPA and Privacy Policy then you may not register to use a free trial or purchase a subscription to use our Service.

Subscriptions

Some parts of the Service are invoiced on a subscription basis (“Subscription(s)”). You will be invoiced for Subscriptions in advance, on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are either monthly or annual, depending on the type of subscription plan you selected when purchasing the Subscription.

We are entitled to refuse any order for a Subscription. If any order for a Subscription is accepted We will confirm acceptance via email setting out the Billing Cycle and fees applicable to the Subscription.

At the end of each Billing Cycle, each Subscription will automatically renew for successive Billing Cycles until you or Barbary Software SL cancels a Subscription. You may cancel a Subscription either through your online account management page or by contacting Our customer support team at: support@featureupvote.com.

Invoices and Payment

All invoices shall be payable in full in the currency set out in the invoice. All fees exclude any Value Added Tax legally payable on the date of the invoice, which shall be paid by you in addition, where applicable.

A valid payment method, including credit card, is required to process payment for your Subscription. You shall provide Us with accurate and complete billing information including your full name, address, state, postal or zip code and a valid payment method when ordering a Subscription. By submitting such payment information, you automatically authorise Us to charge all fees for your Subscription incurred through your account to any such payment instruments.

Should automatic invoicing fail for any reason, We will issue an electronic invoice which must be paid in full by the date set out in the invoice for the applicable the Billing Cycle.

Where payment of any fees is not received on the due payment date, We shall, without liability to you, disable your password, account and access to all or part of the Service and cancelling your Subscription. If you wish to reuse the Service you must sign in to the Service to activate a new Subscription.

Free Trial

We may in our sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

If you do provide your billing information when registering for the Free Trial, you will not be charged by Us for the Service until the Free Trial has expired. On the last day of the Free Trial period you will be automatically charged the applicable fee for your Subscription for the Billing Cycle you selected on registering for the Free Trial, unless you cancel your Subscription prior to this date.

At any time and without notice, We reserve the right to: (i) modify the terms applicable to any Free Trial offer; or (ii) cancel such Free Trial offer.

Fee Changes

We may in our sole discretion and at any time, modify the fees for any Subscription. Any fee change will be effective at the end of the then-current Billing Cycle for each Subscription.

We will provide you with reasonable prior notice of any change in fees to give you an opportunity to cancel your Subscription before such change becomes effective.

Your continued use of the Service after the fee change comes into effect constitutes your agreement to pay the modified fee.

Refunds

We only provide refunds for paid Subscriptions if you make a request to Us by email within 30 days of the payment being made. Where we make a refund your Subscription will be immediately cancelled and you will no longer be able to access the Service.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for all Content that you post to the Service, including for its legality, reliability, and appropriateness.

By posting Content to the Service, you grant Us a perpetual, non-exclusive, transferable, royalty free license to use and display such Content on and through the Service, to the extent necessary for the correct functioning of the Service. You agree that such license includes the right for Us to make your Content available to other users of the Service, who may also use your Content subject to these Terms and Conditions and in accordance with the provisions of the AUP, to the extent necessary for the correct functioning of the Service. You retain all rights, title and interest in any Content you submit, post or display on or through the Service and you are responsible for protecting such rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant Us the rights and license as provided in these Terms and Conditions; and (ii) the posting of your Content on or through the Service does not breach the privacy rights, publicity rights, copyrights, contract rights or any other rights of any third party.

Accounts

When you create an account with Us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms and Conditions, which may result in immediate termination of your account.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions that occur through use of your password, whether your password is with the Service or a third-party service.

You agree not to disclose your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Your username must not use a name: (i) of another person or entity; (ii), which is not lawfully available for use; (iii) or a trademark that is subject to any rights of a third party, without appropriate authorisation; (iv) that is otherwise offensive, vulgar or obscene.

You and all users who you permit to use or access your Account, passwords or the Services under the license you are granted under this agreement must agree to the terms of the AUP and you shall be liable for the use of the Service and any breach of these Terms and Conditions or the AUP by such users.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property rights of any person, (“Infringement”).

If you are a copyright owner, or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit a notice in writing to Us to the attention of “Copyright Infringement” at support@featureupvote.com and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for any damages (including costs and attorneys’ fees) for misrepresenting to Us that any Content is infringing your copyright.

Intellectual Property

All intellectual property rights and title to the Service (excluding any Content) shall remain with Us and/or Our licensors. No interest or ownership in the Service, Our intellectual property rights or otherwise is transferred to you under this agreement. Our trademarks and trade names may not be used in connection with any product or service without Our prior written consent. You are not allowed to remove any proprietary marks or copyright notices from the Service. We may take and maintain technical precautions to protect the Service from improper or unauthorised use, distribution or copying.

You are granted a non-exclusive, non-transferable license to use the Service (including any associated software, intellectual property rights) for the duration of your Subscription(s), including any applicable Free Trial period. Such license permits you and your users to use the Service via your account. No right to modify, adapt, or translate the Service or create derivative works from the Service is granted. Nothing in this Agreement shall be construed to mean, by inference or otherwise, that you have any right to obtain source code for the software comprised within the Service. Disassembly, decompilation or reverse engineering and other source code derivation of the software comprised within the Service is prohibited. Except as specifically stated in this agreement, you may not: (i) lease, loan, resell or otherwise distribute the Service save as permitted in writing by Us; (ii) use the Service to provide ancillary services related to the Service; or (iii) permit access to or use of the Service by or on behalf of any third party.

Our Service may contain links to third-party web sites or services that are not owned or controlled by Us.

We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions or you or a user breach the terms of the AUP.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Data Protection

Each party undertakes to comply with its obligations under relevant applicable data protection laws, principles and agreements.

To the extent that personal data is processed when you or your users, use the Service, the parties acknowledge that We are a data processor and you are a data controller and the parties shall comply with their respective obligations under applicable data protection law and the terms of the DPA.

If a third party alleges infringement of its data protection rights, you shall be entitled to take measures necessary to prevent the infringement of a third party’s rights from continuing.

Where We collect and process personal data of yours, as a data controller, when providing the Service to you, for example, when you provide an email address upon registration or when ordering a subscription, such collection and processing shall be in accordance with Our Privacy Policy.

Limitation Of Liability

Neither party excludes or limits its liability to the other for fraud, fraudulent misrepresentation, death or personal injury caused by any negligent act or omission, wilful misconduct or any other liability that cannot be excluded or limited by applicable law.

In no event shall We, our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, revenue, anticipated savings, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Subject to the above clauses, Our total liability to you in aggregate (whether in contract, tort or otherwise) under or in connection with this agreement or based on any claim for indemnity or contribution shall be limited to one hundred (100) per cent of the total amount (excluding any VAT, duty, sales or similar taxes) paid or payable by you to Us under the agreement during the twelve (12) month period prior to the date on which such claim arose. If the duration of the agreement has been less than twelve (12) months, such shorter period shall apply.

You shall be liable for any breaches of this agreement caused by the acts, omissions or negligence of any users who access the Service via your account, as if such acts, omissions or negligence had been committed by you. The parties acknowledge and agree that in entering into this agreement, each had recourse to its own skill and judgement and have not relied on any representation made by the other, their employees or agents.

Disclaimer

Each party warrants and represents that: (i) it has full corporate power and authority to enter into this agreement and to perform the obligations required hereunder; (ii) the execution and performance of its obligations under this agreement does not violate or conflict with the terms of any other agreement to which it is a party and is in accordance with any applicable laws; and (iii) it shall respect all applicable laws and regulations, governmental orders and court orders, which relate to this agreement.

Free Services

Your use of the Service as a Free Trial is at your sole risk. The Service is provided under a Free Trial on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Chargeable Services

Where you pay for use of the Service or a Subscription, We warrant to you that: (i) We have the right to license the Service; (ii) the Service shall be performed with reasonable skill and care and in a professional manner; (iii) in providing the Service We will not infringe the intellectual property rights of any third party. The foregoing warranties shall not: (a) cover deficiencies or damages relating to any third party components not furnished by Us or any Content; or (b) any third party provided connectivity necessary for the provision or use of the Service.

No warranty is made by Us, Our subsidiaries, affiliates, and/or Our licensors that: (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.

All third party content or information provided by Us via the Service, for example other user’s or customer’s Content is provided “as is”. We provide no warranties in relation to such Content or information and shall have no liability whatsoever to you for its use or your reliance upon such Content or information.

Except as expressly stated in these Terms and Conditions, all warranties and conditions, whether express or implied by statute, common law or otherwise (including but not limited to satisfactory quality and fitness for purpose), are hereby excluded to the fullest extent permitted by law.

Indemnity

You shall defend, indemnify and hold Us, Our subsidiaries, affiliates, licensors and Our employees, sub-contractors, suppliers or agents harmless from and against any cost, losses, fines, liabilities and expenses, including reasonable legal costs arising from any claim relating to or resulting directly or indirectly from: (i) any claimed infringement or your breach of any intellectual property rights with respect to use of the Service outside the scope of this Agreement; (ii) use by us of any Content; (iii) your breaches of data protection law or regulations or the terms of the DPA; and (iv) any breach of the terms of this agreement by a user.

Governing Law

These Terms and Conditions shall be governed and construed in accordance with the laws of Spain, and the courts of Barcelona shall have exclusive jurisdiction for the settlement of all disputes arising under this agreement.

Miscellaneous

Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights.

If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect and a valid provision is deemed to have been agreed which comes closest to what the parties intended commercially and shall replace the invalid provision.

These Terms and Conditions constitute the entire agreement and understanding between the parties regarding the Service, and supersedes and replaces any prior agreements, representations and discussions between the parties regarding the Service.

The parties are independent contractors and nothing in this agreement will be construed as creating an employer-employee relationship.

No party may assign, transfer or subcontract its rights under this agreement without the prior written consent of the other party, such consent shall not be unreasonably withheld, however We shall be entitled to assign the agreement to: (i) any company in Our group of companies; or (ii) any entity that purchases Our shares or assets as the result of a merger, takeover or similar event, who is not a competitor of yours.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. We will provide at least 30 days prior notice by email to you, prior to any new terms taking effect. By continuing to access or use our Service after this notice period expires you will be deemed to have agreed to the amended terms. If you do not agree to the amended terms, you must stop using the Service prior to the expiry of the notice period.

Contact Us

If you have any questions about these Terms and Conditions, please contact us at support@featureupvote.com.