PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THESE PRODUCTS

WHAT’S IN THESE TERMS?

These terms tell you the rules for using our websites sentiment360.com and qutee.com (“our sites”) and our web services Octofeedback, Octopii and S360API & Dashboard (“our programmes”). “Our products” shall mean and include both our sites and our programmes.

References to these terms and/or to these terms of use shall mean and include the Acceptable Use Policy at schedule 1 hereto.

WHO WE ARE AND HOW TO CONTACT US

Our products are operated by Sentiment 360 Limited (“We”). We are registered in England and Wales under company number 08792603 and have our registered office at 5 Old Hall Close, Wyke Lane, Farndon, Newark, Notts, NG24 3SQ.

To contact us, please use our Enquiries Page.

BY USING OUR PRODUCTS YOU ACCEPT THESE TERMS

By using our products, you confirm that you accept these terms of use and that you agree to comply with them. We recommend that you print a copy for future reference.

If you do not agree to these terms, you must not use our products.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our products:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our products, you consent to such processing and you warrant that all data provided by you is accurate.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use our products, please check these terms to ensure you understand the terms that apply at that time.

WE MAY MAKE CHANGES TO OUR PRODUCTS

We may update and change our products from time to time to reflect changes to our products, our users’ needs and our business prioritiesWe will try to give you reasonable notice of any major changes.

WE MAY SUSPEND OR WITHDRAW OUR PRODUCTS

Our products are made available free of charge to consumers. We do not guarantee that our products, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our products for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. In relation to business users who are paying for one or more products, this paragraph shall apply subject to the terms and conditions on which you purchase those products.

You are responsible for ensuring that all persons who access our products through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at our Enquiries Page.

HOW YOU MAY USE MATERIAL ON OUR PRODUCTS

We are the owner or the licensee of all intellectual property rights in our products, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our products for your personal use and you may draw the attention of others within your organisation to content posted on our products.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our products must always be acknowledged.

You must not use any part of the content on our products for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our products in breach of these terms of use, your right to use our products will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON OR IN THE PRODUCTS

The content on and in our products is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on or in our products.

Although we make reasonable efforts to update the information on or in our products, we make no representations, warranties or guarantees, whether express or implied, that the content on or in our products is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our products contain links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those websites or resources.

USER-GENERATED CONTENT IS NOT APPROVED BY US

The products may include information and materials uploaded by other users of the products, including to bulletin boards, surveys and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our products do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us at our Enquiries Page.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • To the maximum extent permitted by law, we provide the products “as is” and make no warranty of any kind, including without limitation availability, reliability or fitness for any particular purpose.

If you are a business user:

  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you on a chargeable basis, which will be set out in our contract with you in relation to such chargeable supply.
  • We exclude all implied conditions, warranties, representations or other terms that may apply to our products or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our products; or
  • use of or reliance on any content displayed on our products.
  • In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

  • Please note that we only provide our products for domestic and private use. You agree not to use our products for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

UPLOADING CONTENT TO OUR PRODUCTS

Whenever you make use of a feature that allows you to upload content to our products, or to make contact with other users of our products, you must comply with the content standards set out in our Acceptable Use Policy at schedule 1 hereto.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our products will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but by uploading the content you grant us a licence as further described in the section below titled Rights you are giving us to use material you upload.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our products constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our products if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy at schedule 1 hereto.

You are solely responsible for securing and backing up your content.

RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD

When you upload or post content to our products (“your content”), you grant us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, distribute, modify, adapt, create derivative works based upon, make publicly available and otherwise exploit your content for our business purposes, including without limitation to provide and advertise products to you and to third parties.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our products will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our products. You should use your own virus protection software.

You must not misuse our products by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our products, the server on which our products is stored or any server, computer or database connected to our products. You must not attack our products via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our products will cease immediately.

RULES ABOUT LINKING TO OUR PRODUCTS

You may link to our websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our products in any website that is not permissible by you. Our products must not be framed on any other products. We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy at schedule 1 hereto.

If you wish to link to or make any use of content on our products other than that set out above, please contact us at our Enquiries Page.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

OUR TRADE MARKS ARE REGISTERED

Sentiment 360, Qutee, Octopii and Octofeedback are UK registered trade marks of Sentiment 360 Limited. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our products.

 

Schedule 1 – Acceptable Use Policy

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THESE PRODUCTS

WHAT’S IN THIS POLICY?

This acceptable use policy sets out the content standards that apply when you upload content to our products, make contact with other users on our products, link to our products, or interact with our products in any other way.

PROHIBITED USES

You may use our products only for lawful purposes.  You may not use our products:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in this policy.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our products in contravention of the provisions of our terms of use; and
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of our products;
  • any equipment or network on which our products is stored;
  • any software used in the provision of our products; or
  • any equipment or network or software owned or used by any third party.

INTERACTIVE SERVICES

We may from time to time provide interactive services on our products, including, without limitation:

  • Chat rooms.
  • Bulletin boards.
  • Polls.
  • Surveys.

(“interactive services.“)

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will use reasonable endeavours to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our products, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our products, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of our products by anyone under the age of 13 is strictly prohibited. The use of any of our interactive services by a minor aged 13 or above is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our products (“Contribution“), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in our absolute discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from Sentiment 360 Ltd, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other products.

BREACH OF THIS POLICY

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our products, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our products.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our products.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

  • If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
  • If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

AMENDMENT TO TERMS OF SERVICE FOR QUTEE.COM APPLICABLE TO U.S. GOVERNMENT USERS/MEMBERS

Terms last updated 10 May 2018

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