The agreement
These terms are an agreement between you and Erdi Izgi, an individual entrepreneur in the Czech Republic, not yet entered in the Trade Register, operating Upvotekit ("we", "us"). Contact: [email protected]. They apply to upvotekit.com, the Upvotekit app, the feedback portals and embeds we host, the API and our SDKs (together, "the service").
By creating an account or using the service you accept these terms. If you accept them for a company, you confirm you may bind it, and "you" means that company. Our Privacy Policy, Refund Policy and, where we process your users' data for you, the Data Processing Agreement are part of this agreement.
Accounts
- You must be at least 18, or the age of majority where you live, to create an account.
- Give us a real email address and keep it up to date. We send security, billing and account notices there.
- Keep your password and API keys secret. You are responsible for what happens under your account and keys.
- An account is for one person. Invite colleagues as workspace members instead of sharing a login.
- Don't create accounts to get a free trial or the money-back guarantee more than once. Both are one per person, and we recognise earlier accounts by their email address.
Subscription and payment
- Upvotekit has one paid plan, billed monthly or yearly (list prices US$7.99 per month or US$79.90 per year; local prices and taxes are shown at checkout). It renews automatically at the end of each billing period until you cancel. We email yearly subscribers 7 days before each renewal.
- You can switch from monthly to yearly billing at any time. You pay the yearly price that day, minus a credit for the unused part of your month, and the yearly period starts that day.
- Our reseller and merchant of record is Paddle (Paddle.com Market Ltd and its affiliates). You buy the subscription from Paddle, which handles payment, invoices, sales tax and VAT under its own buyer terms. Your card statement shows PADDLE.NET*.
- The person who subscribes pays for every workspace they create. Members invited to a workspace do not pay, and there is no charge per voter or per end user.
- There is a 7-day free trial. No card is needed, and you are not charged unless you subscribe. If you subscribe, during the trial or after it, the first payment is taken then. One trial per person.
- The first payment comes with a 30-day money-back guarantee. The Refund Policy explains how it works.
- You can cancel at any time from the billing page. Access continues until the end of the period you paid for.
- We may change the price. We tell you by email at least 30 days before a new price applies to you, and you can cancel before then.
Late payment and ending
- If a renewal fails, you keep full access for 14 days while the payment is retried.
- After that, or when a subscription ends for any other reason (you cancel, a refund, a chargeback), your workspaces become read-only for 30 days. You can still sign in and export your data.
- We email you 7 days and 1 day before the end of that period. Then the workspaces you pay for are deleted, with their files. Subscribing again before then stops this.
- Public portals of a read-only workspace stay visible but don't accept new posts, votes or comments.
Limits and fair use
Workspaces, team members, voters, feedback, votes and comments are not metered. Some things have limits, for example 100 projects per subscription as a fair-use ceiling, pooled storage for attachments and API rate limits. The current figures are on the Limits page. Upvotekit is a feedback tool, not a file or image host.
Acceptable use
You must not use the service to:
- break the law, or publish content that is illegal, infringes someone else's rights, or is hateful, harassing or sexually explicit;
- send spam, run phishing, or collect people's data without a legal basis;
- upload malware, or use attachments and portals to host or distribute files that have nothing to do with feedback;
- probe, scan or test the security of the service, or get around authentication, rate limits or plan limits;
- overload the service, or scrape it other than through the documented API;
- impersonate someone, or mislead your users about who runs a portal;
- resell or sublicense the service as a standalone product without our written agreement.
Found a security problem? Tell us at [email protected]. We won't take action against good-faith reports.
Your content and your users
- You own what you and your users put into Upvotekit. You give us the rights we need to host, copy, display and send it, only to run the service for you.
- You are responsible for your portals: what gets posted, how you moderate it, and what you tell your users. We may remove content that breaks these terms or the law, and we act on valid legal notices.
- When your users vote, post or comment, or when you send us their details (for example email, name, user id, company or revenue through an embed token or the API), you are the controller of that data and we process it for you under the DPA. You need a legal basis for it and must tell your users, for example in your own privacy policy.
- You can export a workspace at any time, including while it is read-only.
The service
- Hosted portals show a small "Powered by Upvotekit" link. Embeds in your app don't.
- We improve the service all the time and may change or remove features. If a change takes away something important you pay for, we tell you in advance.
- We aim for high availability but don't promise uninterrupted service, and there is no service-level agreement. Maintenance and outages can happen.
- Support is by email at [email protected].
- API keys and embed secrets are yours to protect. We may rotate or revoke keys that leak or are abused.
Suspension and deletion
- You can delete your account at any time from the account page. The deletion happens 30 days later; sign in before then and it is cancelled. Deleting your account cancels your subscription straight away and does not refund it, so ask for a refund first if you are still within the money-back window.
- Inactive accounts: if an account has no workspace and no subscription and nobody signs in to it for 180 days, we delete it. We email you 14 days and 1 day before; signing in keeps it. Accounts that pay, are in a paid workspace, or are members of any workspace are never deleted for inactivity.
- We may suspend or end your access if you seriously or repeatedly break these terms, if a payment is disputed (a chargeback), or if the law requires it. Where we can, we warn you first and give you a chance to fix the problem or export your data.
- After a chargeback, the account can no longer subscribe, and a new account with the same email address can't be created. Contact us if you think this is a mistake.
Warranty and liability
We provide the service with care, but "as is": we don't promise it will fit every purpose or be free of errors. Keep your own exports of anything you can't afford to lose.
Our total liability to you for any claim about the service is limited to the amount you paid for it in the 12 months before the claim. We are not liable for indirect or consequential loss, such as lost profits, revenue or data, unless we caused it intentionally or through gross negligence.
Nothing in these terms limits liability that can't be limited by law, such as for harm caused intentionally or by gross negligence, or for injury to life or health. If you are a consumer, you keep all rights the law of your country gives you.
Changes to these terms
We may update these terms. For changes that matter to you, we email you at least 30 days before they apply. If you don't agree, you can cancel before then and ask for your data. The date at the top shows the current version.
Law and disputes
These terms are governed by the law of the Czech Republic. Courts in the Czech Republic decide disputes. If you are a consumer in the EU, you also keep the protection of the mandatory law of your country and can bring a claim in your own courts.
Consumers can also turn to the Czech Trade Inspection Authority (Česká obchodní inspekce, www.coi.cz) for out-of-court resolution of disputes. Please contact us first. Most problems are solved quickly by email.
Contact
Erdi Izgi. Email: [email protected]. See also the Imprint.