Terms of Service
Last Updated: November 25, 2024
1. Introduction
Welcome to Samelogic ("Samelogic," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of Samelogic's website (samelogic.com), applications, APIs, and services (collectively, the "Services"), including our in-product microsurvey platform and user intent analysis tools. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you are using our Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.
2. Definitions
"Platform" means Samelogic's in-product microsurvey and user intent analysis platform. "Triggers" refers to our intelligent event-based survey activation system. "User Data" encompasses any data collected through our platform about end-users. "Customer" means organizations or individuals who use our Services. "End User" refers to individuals who interact with surveys deployed through our platform.
3. Service Description
Samelogic provides a platform for deploying intelligent, triggered microsurveys within digital products and analyzing user intent. Our Services enable the implementation of survey triggers based on user behavior, collection and analysis of user interaction data, real-time user intent analysis, survey creation and management, analytics, reporting, and API access for custom integrations.
4. Account Registration and Security
You must be at least 18 years old to create an account. When registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the security of your account credentials and must notify us immediately of any unauthorized access. We offer individual, team, and enterprise account types to accommodate different usage needs.
5. Data Collection and Privacy
We collect survey responses, user interaction data, behavioral metrics, technical implementation data, and account information. All data processing occurs in accordance with our Privacy Policy. Customers retain ownership of their collected data, and we implement industry-standard security measures to protect it. We provide data portability and export options to ensure you maintain control of your information.
6. Customer Obligations
Customers must follow our technical implementation guidelines and maintain appropriate security measures. This includes obtaining necessary end-user consents and complying with applicable data protection laws. You agree not to reverse engineer the platform, create competing products using our technology, exceed usage limits without authorization, use the platform for illegal purposes, or share account access inappropriately.
7. Intellectual Property Rights
Samelogic retains all rights to the platform, technology, analytics algorithms, documentation, materials, trademarks, and branding. Customers retain rights to their collected data, custom surveys, implementation code, and generated reports.
8. Payment Terms
Our pricing is subscription-based with usage-based components and enterprise custom pricing options. Subscriptions automatically renew unless cancelled. Payment processing occurs according to the terms of your selected plan. Late payments may result in service interruption. Refunds are provided in accordance with our refund policy.
9. Service Level Agreement
We guarantee 99.9% platform availability, excluding scheduled maintenance windows and emergency maintenance procedures. Service credits are provided for downtime exceeding these parameters. We provide technical support, implementation assistance, and training resources according to your service tier.
10. Term and Termination
Your subscription term begins upon account creation and continues until terminated. Either party may terminate these Terms for cause upon written notice if the other party materially breaches any provision. Upon termination, you must cease all use of the Services and delete any downloaded materials.
11. Warranties and Disclaimers
We warrant that the Services will perform materially in accordance with our documentation. THE SERVICES ARE OTHERWISE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
12. Limitation of Liability
IN NO EVENT SHALL SAMELOGIC'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNTS PAID BY CUSTOMER IN THE TWELVE MONTHS PRECEDING THE INCIDENT. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.
13. Indemnification
Each party shall defend, indemnify, and hold harmless the other party from claims, damages, costs, and expenses arising from breach of these Terms, violation of applicable laws, infringement of third-party rights, or negligence or willful misconduct.
14. Confidentiality
Information shared between parties in connection with the Services is considered confidential. Each party agrees to protect confidential information with reasonable care and not disclose it except as required by law. This obligation survives termination of these Terms.
15. Compliance with Laws
We comply with applicable data protection laws including GDPR and CCPA. We maintain industry-standard security protocols and professional standards. Customers must ensure their use of the Services complies with applicable laws and regulations in their jurisdiction.
16. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Services. Continued use of the Services after such modifications constitutes acceptance of the updated Terms.
17. General Provisions
These Terms shall be governed by the laws of the State of California, without regard to its conflict of law principles. Any disputes shall be resolved through binding arbitration in San Francisco, California, under the rules of the American Arbitration Association. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Neither party shall be liable for delays caused by circumstances beyond their reasonable control.
18. Contact Information
For questions about these Terms, please contact us at legal@samelogic.com.
Last Updated: November 25, 2024