Inxed Terms of Service


Revision Date: December 10, 2015


Thank you for using the Inxed anonymous feedback service (the “Service”). Please read this terms of service agreement carefully as it forms a contract between us, Inxed, Inc., a California corporation, owner of the Inxed Service and Service software and applications, and you, a user of the Service.

By accessing and using the Service, you are agreeing to be bound by these terms of service, as well as our Privacy Policy. If you do not agree to all of the terms of this agreement and our Privacy Policy, you may not use the Service.

Inxed Service

So long as you agree to and comply with these terms of service, we grant you permission to use the Service. You may download and install any applications related to the Service on a mobile device that you own or control.

Creating an Account with Inxed

In order to access and use the Service, you will have to create a user account and provide us with your mobile phone number and other information about yourself. By doing so, you acknowledge that you are 18 years old or older and have the requisite power and authority to enter into this agreement. You are responsible for the accuracy of your account information and for maintaining the confidentiality of your account password and encryption keys. You are also responsible for all activities that occur in connection with your account. You agree to notify us if you become aware of any unauthorized use of your account.

Your Content

Users of the Service may upload, transmit, view, or receive information (such as anonymous feedback text) (“Content”). You are responsible for, and promise that you have the right and authority to use, all Content you upload or share using the Service.

You acknowledge that you may receive, view, or otherwise be exposed to Content which is offensive, inaccurate, or otherwise objectionable. We will not and cannot censor or edit your or any other user’s Content. This includes Content which may originate from or reside on third-party websites that we have no control over. Any use or reliance on any Content posted via the Service or obtained by you through the Service is at your own risk.

We are not responsible for any damages, claims, or other liability arising from or related to any Content uploaded, transmitted, viewed, or received by you or any other user of the Service.

You acknowledge that if your access to the Service is interrupted or terminated, you will not be able to use the Service to access your Content. We will not be liable for any loss or corruption of your Content.

Your Conduct

You are responsible for your conduct, Content, and communications with others while using the Service. You agree to use the Service in compliance with applicable law. In addition, you promise that you will not:

Inxed’s Limited License to Your Content

You retain ownership of all of your intellectual property rights in your Content. You grant us a royalty-free license to reproduce, distribute, make publicly available, make derivative works from, and otherwise use your Content, but only for the limited purposes of providing the Service to you. This license also extends to any trusted third parties we work with to the extent necessary to provide the Service to you.

If you provide us with ideas, suggestions, or proposals (“Feedback”) about the Service, you agree that (i) the Feedback does not violate any intellectual property right of any third-party, and (ii) we may use the Feedback for business purposes without any further obligation to you.

Inxed’s Retained Rights

The design of the Service along with all text, scripts, graphics, interactive features and the like, trademarks, service marks, and logos that make up the Service, are owned by or licensed to us, subject to copyright, trademark, patent, and other intellectual property rights under United States and foreign laws and international conventions. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted in this agreement, including any use, copying, or distribution of Content owned by other users or any third party.

Your access to the Service is nonexclusive, nontransferable, and may be revoked. We reserve all other rights not explicitly granted to you by this agreement.

Account Termination

We may terminate your account and your access to the Service at any time and for any or no reason. Where possible, we will provide you with reasonable advance notice before your account is terminated. You acknowledge that if your account is terminated you will not be able to use the Service to access to your Content.

Changes to this Agreement

We may change the terms of this agreement at any time for a variety of reasons, such as to address changes in applicable law or updates to the Service. A current version of this agreement will be posted on our website and will also be available through the Service user interface. You agree to receive electronic notification of changes to the terms of this agreement. If you do not agree to all of the changes, you should stop using the Service, because by continuing to use the Service you indicate your agreement to be bound by the updated terms.

Changes to the Service

We are constantly improving the Service. At our sole discretion, we may add, alter, or remove functionality from the Service at any time without prior notice to you and may make certain functionality available to some users and not others as part of ongoing beta testing or on a trial basis. We may also limit, suspend, or discontinue the Service at any time. You agree to receive electronic notification of significant changes to the Service.

Privacy and Security

In order to operate and provide the Service, we may collect certain information about you, your computer or device, and your use of the Service. You acknowledge and agree that we may access or disclose information about you, including your Content, in order to:

While we work to protect the security of your Content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures.

Contact Us

If you need to contact us regarding this agreement, you may contact us by email at policy@inxed.com. Alternatively, you may send a letter by mail to the Chief Executive Officer, Inxed, Inc., 5575 Old School Road, Pleasanton, CA 94588.

Notice of Copyright Infringement

We do not permit copyright infringing activities via our Service, and we will remove all infringing Content if properly notified that the Content infringes another’s intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The copyright infringement notification may be emailed to policy@inxed.com. We reserve the right to remove Content without prior notice.

No Warranty

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DO NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF HARMFUL COMPONENTS, OR THAT YOUR CONTENT WILL BE SECURE, ANONYMOUS, OR NOT OTHERWISE LOST OR DAMAGED.

Limitation of and Exclusion of Certain Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, OR LOSS OF DATA) THAT ARISE OUT OF OR IN CONNECTION WITH THE SERVICE AND THIS AGREEMENT, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR USER SUBMISSIONS OR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE IS YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.

OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO US IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

Indemnification

To the extent permitted by applicable law, you will indemnify us against any cost, loss, damage, or other liability arising from any third-party claim or demand that any Content provided by you, or your use of the Service violates applicable law, the rights of a third-party, or the terms of this agreement. We will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.

Claims are Time-Barred

You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to the use of the Service or this agreement must be filed within one (1) year after such claim or cause of action arose or you agree to be forever barred from bringing such claim.

Resolving Disputes

The parties agree to resolve any claims relating to this agreement through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The AAA rules will govern payment of all arbitration fees.

Exceptions to Agreement to Arbitrate. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration.

No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

Governing Law and Jurisdiction

These terms are governed by the laws of the State of California. In the event that the agreement to arbitrate is found not to apply to your or our claim, each party submits to the exclusive jurisdiction of the state courts located in Alameda County, California, and the federal courts located in the Northern District of California.

General

  1. Entire Agreement. The terms of this agreement constitute the entire agreement between you and us, and they supersede any other prior or contemporaneous agreements, written or oral, concerning its subject matter.
  2. No Waiver. A party’s failure or delay to enforce a provision of this agreement is not a waiver of its right to do so later.
  3. Severability. If any term of this agreement is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of the terms will remain in full effect.

For Users Accessing Inxed’s Service Application from Apple’s App Store

The following applies to any Service application sourced from the Apple App Store: