Terms of Service

Last Updated: December 10, 2025

1. Introduction & Publisher Information

Welcome to SmartFeedback.net ("Service"). The Service is published and operated by an Individual Developer (Sole Proprietorship) based in France, currently operating as a "Proof of Concept" in a "Free Early Access Phase".

Contact: contact@smartfeedback.net

Hosting Provider: Hostinger International Ltd., 61 Lordou Vironos Street, 6023 Larnaca, Cyprus.

2. Acceptance of Terms

By accessing or using SmartFeedback.net, you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, do not use the Service. These Terms apply to all visitors, users, and others who access or use the Service.

3. Description of Service (Free Early Access)

SmartFeedback is a reputation management tool designed to help businesses collect private customer feedback via AI-generated surveys.

You acknowledge and agree that:

• The Service is currently in a Free Early Access Phase.
• The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied.
• We do not guarantee uninterrupted access, error-free operation, or absolute data preservation.
• We reserve the right to modify, suspend, or discontinue the Service at any time without notice or liability.

4. Strict "No Review Gating" Policy & Compliance

To ensure compliance with the FTC (Federal Trade Commission) guidelines and third-party platform policies (such as Google, Yelp, TripAdvisor), "Review Gating" is strictly prohibited on SmartFeedback.net.

You agree NOT to:

• Use the Service to filter customers based on their sentiment before asking for a public review.
• Prevent customers with negative feedback from accessing public review platforms if you provide such links to positive reviewers.
• Selectively solicit positive reviews while discouraging negative ones.

Our Commitment: SmartFeedback.net does not automate review gating. If you choose to display a link to a public review platform at the end of a survey, it must be available to all customers regardless of their rating, or to none. Any violation of this policy will result in immediate termination of your account.

5. User Responsibilities & Account Security

You are responsible for your use of the Service and for any consequences thereof. You agree to:

• Credentials: Maintain the confidentiality of your account credentials. You are responsible for all activities that occur under your account.
• Data Rights: Ensure you have the right to contact the email addresses you upload or collect (compliance with CAN-SPAM Act, GDPR, and other relevant privacy laws).
• Content: Be solely responsible for the content of the responses you provide to your customers and the configuration of your surveys.
• Fair Use: Not use the Service for any illegal or unauthorized purpose, including spamming or harassment.

6. Intellectual Property Rights

Service Content: The SmartFeedback.net Service, including its source code, design, software architecture, and original content, is the exclusive property of its creator and is protected by international copyright laws.

Your Content: You retain ownership of the data, logos, and specific text you upload to the Service ("User Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display your User Content solely for the purpose of providing and improving the Service.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTFEEDBACK.NET AND ITS CREATOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE 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:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
• ANY CONTENT OBTAINED FROM THE SERVICE;
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

We are not responsible for any actions taken by third-party platforms (e.g., Google Business Profile suspensions) resulting from your use or misuse of this tool.

8. Indemnification

You agree to defend, indemnify, and hold harmless SmartFeedback.net and its creator from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of these Terms.

9. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service or use the delete account feature in your dashboard.

10. Governing Law & Dispute Resolution

For users outside the United States: These Terms are governed by the laws of France.

For users in the United States:

• Binding Arbitration: You and SmartFeedback.net agree to resolve any disputes arising out of or relating to these Terms or the Service through final and binding arbitration, rather than in court.
• Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

12. Contact Us

If you have any questions about these Terms, please contact us at contact@smartfeedback.net.