Terms of Service


Effective: July 31, 2017

Welcome!

We are super excited you decided to use the Feedback app and or our website (www.feedbackapp.io), all of which we will be referring to as the “Services” in the remainder of this Terms of Service.

The following Terms of Service which we will call the “Terms” for the rest of this document have been created so you’ll know the rules that govern our relationship with you.

By using the Services, you agree to the Terms. If you don’t agree with them, then simply don’t use the Services.

If you are using the Services on behalf of a business or other entity, you state that you are authorized to do so. If we have reason to believe you do not have authorization to represent the business or entity using the Service we reserve the right to terminate the account without notice.

1. Rights We Grant You

Lumaki grants you access to use the Services for the sole purpose of letting you benefit in ways that these Terms and our usage policies, such as our Community Guidelines, allow.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.

2. Rights You Grant Us

Our Services let you create, upload, post, send, receive, and store content. This content includes but is not limited to display pictures, polls, and messages. When you submit content through the Services, you retain whatever ownership rights to that content you had to begin with. But you grant us a license to use this content for the purpose of the Services functionality.

Because we rely on the Googles Places API to search and gather public information about businesses users representing a business or other entity allow us to use and store this information for the Services functionality.

When you submit feedback content through our services, business users who may receive this content may use your suggestions or ideas without compensating or recognizing you.

2. Rights You Grant Us

Our Services let you create, upload, post, send, receive, and store content. This content includes but is not limited to display pictures, polls, and messages. When you submit content through the Services, you retain whatever ownership rights to that content you had to begin with. But you grant us a license to use this content for the purpose of the Services functionality.

Because we rely on the Googles Places API to search and gather public information about businesses users representing a business or other entity allow us to use and store this information for the Services functionality.

When you submit feedback content through our services, business users who may receive this content may use your suggestions or ideas without compensating or recognizing you.

3. The Content of Others

Much of the content on our Services is produced by users. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Lumaki reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.

Through these Terms and our Community Rules, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms or Guidelines.

4. Community Rules

Display Pictures
• Display pictures are only to be used by businesses to showcase their business and make it easier for customers to recognize the account.

Illegal Content 
• Don’t use Feedback for any illegal shenanigans.

Threats & Violence
• Never threaten to harm a person, group of people, or property.

Harassment & Bullying
• We don’t tolerate bullying or harassment on Feedback.
• Don’t leave feedback with the intention of making someone feel bad.
• If a business is not responding, it’s not okay to contact them from another account.

Impersonation
• Don’t pretend to be someone else, a business or other entity you’re not and or do not have authorization to do so.

Hate Speech
• Don't post content that demeans, defames, or promotes discrimination on the basis of race, ethnicity, national origin, religion, sexual orientation, gender, disability, or veteran status. 

Spam
• We have zero tolerance for spam. 

If you violate these Guidelines, we may remove the offending content, terminate your account, or notify law enforcement. If your account is terminated for violating our Terms of Service or these Guidelines, you may not use Feedback again. Please take these Guidelines seriously and honour them in the spirit in which they are intended. We will do our best to enforce them consistently and fairly, and ultimately we’ll try to do what we think is best in each situation.

5. Privacy

Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that Lumaki can collect, use, and share your information consistent with that policy.

6. Respecting Other People’s Rights

Lumaki respects the rights of others. And so should you. You therefore may not use the Services in a manner that:
• violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right.
• bullies, harasses, or intimidates.
• defames.
• spams or solicits our users.

You must also respect Lumaki’s rights. These Terms do not grant you any right to:
• use branding, logos, designs, photographs, videos, or any other materials used in our Services.
• copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.
• use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.

In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.

7. Safety

We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
• You will not use the Services for any purpose that is illegal or prohibited in these Terms.
• You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
• You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
• You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
• You will not use or attempt to use another user’s account, username, or password without their permission.
• You will not solicit login credentials from another user.
• You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
• You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
• You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
• You will not probe, scan, or test the vulnerability of our Services or any system or network.
• You will not encourage or promote any activity that violates these Terms.

We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never use the Services and drive.

8. Your Account

You are responsible for any activity that occurs in your Feedback account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.
By using the Services, you agree that, in addition to exercising common sense:
• You will not create more than one account for yourself.
• You will not create another account if we have already disabled your account, unless you have our written permission to do so.
• You will not buy, sell, rent, or lease access to a Feedback account without our written permission.
• You will not share your password.
• You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
While we hope you remain a Feedback user, you can terminate these Terms at any time and for any reason by deleting your account. This will remove your account data but will not delete past messages, polls, or other content submitted to the Services.
Lumaki may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
If you think that someone has gained access to your account, please immediately reach out to lumakiapps@gmail.com

9. Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using our Services, including data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.

10. Third-Party Services

If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Lumaki is not responsible or liable for a third party’s terms or actions taken under the third party’s terms. Third party services we use are the Google Places API and Stripe for payment services.

11. Modifying the Services

We are trying our best to improve our services all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

12. Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Lumaki, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.

13. Disclaimers

We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE LUMAKI ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
LUMAKI TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH LUMAKI WILL BE RESPONSIBLE FOR.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUMAKI AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF LUMAKI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LUMAKI’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID LUMAKI, IF ANY, IN THE LAST 12 MONTHS.

15. Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

16. Final Terms

These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and Lumaki, and supersede any prior agreements.
• These Terms do not create or confer any third-party beneficiary rights.
• If we do not enforce a provision in these Terms, it will not be considered a waiver.
• We reserve all rights not expressly granted to you.
• You may not transfer any of your rights or obligations under these Terms without our consent.

Contact Us

Feel free to contact Lumaki if you have any questions, comments, concerns or suggestions at lumakiapps@gmail.com

Lumaki was created and operates out of Waterloo, Ontario, Canada.