Terms & Conditions

Welcome to The Suggestor! Our platform empowers businesses to engage with consumers, gather feedback, and drive better consumer experiences. Our mission is to foster trust through openness and collaboration. Before you dive into our services, take a moment to suggestions these Terms of Use and Sale for Businesses (referred to as “terms” hereon) to understand what we expect from you and what you can expect from us.

Whether you’re exploring our free offerings or considering our premium services, accepting these terms ensures clarity regarding your and our legal rights and responsibilities. Your access and use of our services are contingent on your agreement to these terms. If you disagree or find compliance challenging, refrain from accessing or using any of our services. By engaging with our platform or services, you implicitly agree to these terms.

You agree to these terms by taking any of the following actions: (a) clicking to confirm your agreement; (b) signing or accepting a document referencing these terms; (c) initiating payment or accepting an invoice for our paid services; or (d) claiming a business profile page or accessing our services.

For assistance with The Suggestor, visit our Support Center. If you need further help, reach out to us at info@thesuggestor.com.

Joining and Using The Suggestor

Here’s how to access and leverage our services:

1. You and The Suggestor: “You” refers to the entity or business you represent, while “The Suggestor,” “we,” or “us” denotes the The Suggestorentity you contract with.
2. Our Platform: Our “platform” encompasses our feedback platform hosted at TheSuggestor.com and any associated websites or apps.
3. Our Services: The Suggestor‘s “services” include the business account, suggestions services, and any future offerings. Key points:

• Compatibility Disclaimer: We cannot guarantee compatibility with your browser, network, or computer setup.
• Exclusion of Third-Party Products: Our services do not include third-party products.

4. Business Profile Page: Access our services by claiming a business profile page.
5. Free Plan: Claiming a business profile page grants access to a business account with free plan services.
6. Subscriptions: Subscribing to services grants access through your business account. Pertinent details:

• Subscription Period: Most subscriptions span 12 months.
• Subscription Renewals: Subscriptions auto-renew, with access to free plan services post-renewal.
• Subscription Renewal Pricing: Renewal prices may increase by up to 5%, with notification provided 45 days before renewal.

6A. Partners: Access services through The Suggestor partners. Partners facilitate subscription renewals, with distinct transaction terms.

7. Domains: Affirm ownership or exclusive rights to operate domains used with our systems and services.
8. Sending Invitations: Utilize our suggestions invitation service to send invitations compliant with legal and regulatory requirements.

In particular, you confirm that the content of each invitation will comply with all applicable legal and regulatory requirements, and that you will have all the rights, permissions, and consents required for your invitations to be sent in compliance with applicable privacy laws (as defined in the Privacy laws section of these terms). For example, in some countries, suggestions invitation emails are viewed as unsolicited marketing communications that require prior consent from your customers. This means that you may be required to obtain consent from your customers depending on national legislation and you therefore agree not to use our suggestions invitation service to issue invites without obtaining the required consents.

9. Sending invitations to your consumers outside of our platform:

When you display or send suggestions invitations outside of our platform, such as creating and sending suggestions invitation links independently or directing consumers to create suggestions on your business profile page, you acknowledge that you are accessing and utilizing our services. It is your sole responsibility to ensure that the invitations you send meet all applicable legal and regulatory requirements and comply with the guidelines outlined in our terms. This includes obtaining necessary consents where required by law.

10. Business account:

Taking ownership of your business account entails full responsibility for managing access and usage of our services. This includes:

Control over access: You have the authority to determine who is permitted to use and access services under your business account as “authorized users” and specify the level of access granted to each authorized user. You retain the flexibility to modify or revoke access at any time.

Responsibility for authorized users: You are accountable for the actions, usage, and compliance of all authorized users with these terms and guidelines.

Maintenance of accurate information: It is your obligation to ensure that all information associated with your business account, including contact details, remains current and accurate.

Provision of truthful information: You must provide genuine, accurate, and complete information when interacting with our platform and services.

Protection of credentials: Safeguarding your username and password is imperative to prevent unauthorized access and misuse of your business account.

Affiliates’ access: You possess the right to extend access to our services to affiliates under these terms. However, by doing so, you assume responsibility for ensuring their compliance with these terms and guidelines, and you are liable for their actions as if they were your own.

11. User roles and access:

Understanding the permissions granted to authorized users is essential. Each authorized user added to your business account is subject to these terms and guidelines. You bear liability for the actions and omissions of each authorized user. It is incumbent upon you to ensure that each authorized user comprehends their obligations and limitations under these terms and guidelines. Further details on user roles and access levels can be accessed in our Support Center.

12. Your key responsibilities:

Usage of our services is limited to the domains for which you have claimed business profile pages (“claimed domains”), and must align with your applicable subscription, if any. You commit to employing our services solely for lawful business purposes and in accordance with these terms and guidelines.

13. Guidelines:

Compliance with our guidelines, policies, and codes specified on legal.thesuggestor.com, designated for businesses and general users, is mandatory when accessing or utilizing our services. Familiarize yourself with these guidelines to understand permissible and prohibited actions. We reserve the right to update and modify the guidelines periodically, with any revisions immediately applicable without further action from you.

14. What we each own:

Ownership of intellectual property rights pertaining to our services and content, excluding content owned by others like user-generated suggestions, rests with us. This includes rights to design, compilation, trademarks, code, and other intellectual property. You are prohibited from unauthorized use, modification, or replication of our content or intellectual property. Conversely, you retain ownership of your intellectual property, granting us the right to utilize it for the operation and maintenance of our services.

15. User-generated content:

Content generated by you, consumers, or other users of our services is classified as “user-generated content.” By creating or contributing to such content, you grant us perpetual, unrestricted use without compensation and affirm that you possess the necessary rights to do so. Unless removed for guideline violations, user-generated content remains publicly accessible even after account termination.

16. Feedback:

We value feedback from our users and reserve the right to utilize it indefinitely without restrictions or compensation. Any feedback provided may be used, quoted, or referenced at our discretion.

17. The Suggestor beta services:

Occasionally, we may offer access to experimental or pre-release services, such as beta services. Participation in these services is voluntary and undertaken at your own risk.

18. Problems and support:

Support resources, including articles in our Support Center and assistance from our support team via support@thesuggestor.com, are available to address issues encountered while using our services. Depending on your subscription, access to additional support from the Customer Success team may also be available.

19. Impartiality:

Utilization of our services does not constitute an endorsement or recommendation by us of your business or offerings. Therefore, refrain from presenting such usage as an endorsement. No partnership, joint venture, employment, or agency relationship is inferred from these terms.

20. Display of names, logos, and suggestions:

Permission is granted to display your business name and logo on our platform for identification purposes. You retain control over your business profile page and may modify your name and logo as desired. Additionally, usage of our name, logo, and visuals in public domains like websites and advertisements is permitted during your usage of our services, subject to adherence to guidelines.

20. Display of names, logos, and suggestions (continued):Displaying business names and logos on our platform is essential for identification purposes, akin to a directory or phonebook. By using our services, you grant us the right to exhibit your business name and logo on our platform. However, you retain control over your business profile page, enabling you to modify your name and logo as desired. Additionally, usage of your name, logo, and examples of The Suggestor usage in corporate, promotional, and marketing materials is permitted during business. When utilizing our services, you may exhibit suggestions of your business and our brand marks on your claimed domains, provided adherence to our guidelines and usage of designated designs, widgets, and functionality available in your business account. Any alternative use or display of our brand marks or content on The Suggestor, including offline or online advertising, must comply with our guidelines, and we reserve the right to revoke usage permissions if violations occur.
21. Don’ts (continued):To maintain the integrity and security of our platform, refrain from engaging in activities that undermine its functionality or violate our guidelines. Prohibited actions include unauthorized access, introduction of malicious code, submission of fake suggestions, misleading conduct, unauthorized modification of platform components, resale or sublicense of our services, fraudulent activities, and abusive behavior towards The Suggestor staff or users. Removal of The Suggestor brand content or proprietary notices is also prohibited, as is the use of our platform for competing services.

Pricing and Payments:

24. Trials:Occasionally, trials of our services may be offered for a limited duration as specified in the corresponding commercial materials. We retain the discretion to withdraw or modify trial access without prior notice. Upon trial expiration, access to those services may be discontinued, subject to the terms outlined during the trial period.
25. The Suggestor subscriptions:Access to our services may require subscription payment, with various subscription options available. Pricing and terms specific to your subscription are detailed in the commercial materials accepted during the subscription purchase process. Subscription scope changes may necessitate updated commercial materials and associated price adjustments.
26. Standard rates and discounts:We reserve the right to update standard list prices for our services periodically. Discounts, promotions, or special terms specified in quotes or order forms apply only for the indicated subscription period and are not guaranteed for subsequent periods.
27. No refunds or credit:Unless explicitly stated otherwise, no refunds or credits are provided upon termination of a subscription, whether initiated by you or us in accordance with these terms.
28. Taxes for your use of our services:Our prices exclude taxes, and you are responsible for paying any applicable external fees and taxes associated with your use of our services, including value-added tax or sales tax.
29. Importance of timely payments:Timely payment is crucial to maintaining access to subscribed services. Fees are typically due upfront for each subscription period, as specified in your subscription order details or partner agreement. Failure to make timely payments may result in suspension or termination of access to our services, with interest charged on outstanding amounts and liability for collection costs incurred by us.

Termination and suspension: In instances of non-compliance with these terms, we reserve the right to terminate or suspend access to our services without prior notice. Termination or suspension may occur due to violations of guidelines, non-payment of fees, or other breaches of contractual obligations. Additionally, termination or suspension may result from misuse of our platform, fraudulent activities, or disruptive behavior towards our staff or users. Upon termination or suspension, access to our services ceases, and any remaining obligations, including payment of outstanding fees, remain in effect.

Privacy and Data Use:

30. Privacy laws:Both parties agree to adhere to all applicable data protection and privacy laws and regulations, ensuring compliance with the stipulations outlined in these laws.
31. Invitation data:In the context of providing suggestions invitation services, The Suggestor may receive or process personal data related to consumers. The Data Processing Agreement, HIPAA Business Associate Addendum, and U.S. Privacy Laws Supplement govern such activities. The Suggestor undertakes the responsibility of processing invitation data, ensuring compliance with applicable privacy laws and obtaining necessary rights, permissions, and consents.
32. Other personal data:Personal data concerning authorized users or representatives associated with your business account is handled in accordance with The Suggestor’s privacy policy, governing data collection, processing, and protection practices.

Security:

33. Playing your part to keep your data secure:Users are urged to actively participate in safeguarding their data by maintaining secure login credentials, preventing unauthorized access, and implementing robust security measures on their systems. Any instances of unauthorized access or security breaches must be promptly reported to The Suggestor. Additionally, users are prohibited from storing personal data in free-form fields within The Suggestor’s systems, unless explicitly requested.

Confidential Information:

34. Keeping it confidential:Both parties commit to safeguarding each other’s confidential information from unauthorized access or disclosure. Confidential information may be shared with legal or regulatory authorities as required by law. However, information already known to the recipient or publicly available is not subject to confidentiality obligations.

Termination and Suspension:

Your termination rights:

35. If you don’t want your subscription to automatically renew:Users can opt-out of subscription renewal by notifying The Suggestor or their partner, if applicable, at least 30 days before the current subscription period ends. Access to services included in the subscription continues until the end of the current period, with any unpaid fees remaining due. After the subscription ends, access to free plan services is retained, governed by these terms.
36. Terminating your subscription immediately because of our material breach:Users may terminate their subscription immediately if The Suggestor materially breaches these terms and fails to remedy the breach within 14 days of notification, if the breach is irremediable, or if the service becomes permanently unavailable. Upon termination due to The Suggestor’s material breach, access to subscription services ceases, but access to free plan services is retained.

If you are on our free plan:

37. Deleting your business account and stopping use of our services:Termination of services occurs upon cessation of use and deletion of the business account. However, certain sections of these terms survive termination.
38. Continuation of terms after termination:Regardless of termination, these terms remain applicable to past events and actions.

Our Termination and Suspension Rights:

If you have a subscription:

39. If we don’t want to renew your subscription:The Suggestor reserves the right to terminate your subscription at the end of any subscription period by providing at least 30 days’ notice before its expiration. Access to subscription services continues until the end of the current period, with any unpaid fees remaining due.
40. Immediate termination by The Suggestor:The Suggestor may immediately terminate your subscription or access to your business account or services under various circumstances, including material breaches of terms, misuse of The Suggestor’s services, failure to pay subscription fees, security risks, or conflicts in business values. If termination occurs due to your business values conflicting with The Suggestor’s, a pro-rata refund may be issued for prepaid subscription fees, minus incurred fees and expenses.
41. Suspension:The Suggestor retains the right to suspend all or part of your access to services if breaches of terms occur, if payment obligations are not met, or if security risks are posed. Users remain responsible for subscription fees incurred during the suspension period, with no entitlement to refunds or credits.

If you are on our free plan:

42. Immediate termination or suspension for any reason:The Suggestor reserves the right to immediately terminate or suspend access to your business account or services under the free plan, without specifying a reason.

For all users:

43. Continuation of terms after termination:Despite termination, these terms remain applicable to previous activities and agreements.

Liability and Indemnity:

44. DISCLAIMER OF WARRANTIES:The Suggestor and its affiliates provide services and the platform on an “as is” basis, disclaiming all warranties, express or implied, including those of non-infringement, merchantability, and fitness for a particular purpose. Furthermore, no representations or warranties are made regarding uninterrupted or error-free service.
45. LIMITATION OF LIABILITY:

If you have a subscription: The Suggestor and its affiliates limit liability for indirect, consequential, incidental, or special damages, with total aggregate liability capped at the total amount paid for services in the preceding 12 months, unless otherwise stipulated by applicable law or a non-excludable condition.

If you are on our free plan: Liability for The Suggestor and its affiliates is limited to the total amount paid for services in the preceding 12 months, excluding any non-excludable conditions or liability under applicable law.

46. Indemnities:Users agree to indemnify The Suggestor and its affiliates for losses, costs, expenses, or liabilities incurred due to user conduct, breach of terms, or violation of applicable privacy laws. This includes any losses arising from user-generated content or data breaches attributable to the user.

Disputes:

47. Dispute Resolution:While most concerns can be swiftly addressed by contacting The Suggestor through support. TheSuggestor.com, if a resolution cannot be reached, both parties agree to pursue claims.

Important Housekeeping:

48. No Provision of Professional Advice:The Suggestor does not engage in providing professional advice, including financial, tax, or legal counsel. Any information provided by The Suggestor, such as template suggestions or insights, is not to be construed as advice, and The Suggestor bears no liability for its usage. Users are responsible for ensuring compliance with applicable laws.
49. Changes to These Terms:The Suggestor reserves the right to modify these terms periodically. Users are encouraged to regularly suggestions the terms. While material changes may be notified in advance, The Suggestor may implement changes immediately under certain circumstances.
50. Changes to Our Services:The Suggestor may, at its discretion, alter or discontinue services. In the event of material changes to service functionality, users may be entitled to refunds or credits, subject to The Suggestor’s discretion.
51. Events Outside Our Control:The Suggestor and its affiliates bear no liability for failures or delays in performance arising from events beyond their reasonable control.
52. Notices:Users must direct any notices to info@thesuggestor.com. The Suggestor will send notices to the email address provided by the user.
53. Blocking Access or Refusing Payments:The Suggestor reserves the right to block access, terminate subscriptions, or refuse payments if there is perceived risk associated with the user, business, or payment. Such actions may be taken without prior notice.
54. Transfer:The Suggestor may assign rights or obligations to other entities, while users may only transfer rights or obligations with The Suggestor’s written consent.
55. Survival:Sections intended to survive termination, such as Limitation of Liability and Indemnities, remain applicable after the termination of the terms.
56. Entire Agreement:These terms constitute the entire agreement between the user and The Suggestor, superseding any previous discussions or agreements.
57. Language:While certain materials may be provided in other languages, communications and notices under these terms must be in English. In case of any discrepancy, the English version shall prevail.