Terms of Service

Last Updated: 18-04-2025 (DD-MM-YYYY)

KoalaFeedback ("KoalaFeedback", "we", "us" or "our") agrees to furnish services to the Subscriber (the "Subscriber", "you" or "your"), subject to the following Terms of Service. Use of KoalaFeedback's service constitutes acceptance and agreement to KoalaFeedback's Terms of Service.

The Terms of Service ("Terms") govern your use of the KoalaFeedback website located at koalafeedback.com (the "Site"), KoalaFeedback’s services for creating, managing, and hosting publicly accessible feedback portals (each a "Portal"), and any related tools or features provided by KoalaFeedback. To make these Terms easier to read, the Site, our services, and the Portals we host for you are collectively called the "Services."

KoalaFeedback reserves the right to modify the Terms of Service without notice.

Use of Services

You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the Netherlands or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account.

The Services allow you to create distinct organizational units ("Workspaces"). You may invite other individuals ("Admins") to access and manage your Workspaces. You are responsible for all actions taken by Admins you invite to your Workspaces. You are solely responsible for all data and configuration within your account and Workspaces, including content generated by end-users on your public Portals (as defined below). You agree to immediately notify KoalaFeedback of any unauthorized use of your account or any other breach of security. KoalaFeedback will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.

Acceptable Conduct

You are responsible for the actions of all users associated with your account, including Admins you invite, and any data that is created, stored, displayed by, or transmitted via your account while using KoalaFeedback. This includes ultimate responsibility for all content appearing on your publicly accessible Portals. You will not engage in any activity that interferes with or disrupts KoalaFeedback's services or networks connected to KoalaFeedback.

Prohibited Usage

You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that KoalaFeedback will impose fees; and/or pursue civil remedies without providing advance notice.

  • Exploiting Services connected to KoalaFeedback: Intentional misuse of services or networks connected to KoalaFeedback. Including but not limited to attempting to alter the way KoalaFeedback's software works, circumventing usage limits, or using the service for purposes other than legitimate feedback collection and management.

  • Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of KoalaFeedback or KoalaFeedback's customers, including hosting or facilitating illegal content on your public Portal.

  • Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.

  • Collecting Sensitive Information: Using the Services (including your public Portal) to solicit or collect highly sensitive information such as credit card numbers, social security numbers, or other confidential data not appropriate for a public feedback forum.

  • Violating Privacy Laws: Using the Services in a manner that violates applicable data protection and privacy laws (e.g., GDPR, CCPA), including failing to provide adequate notices and obtain necessary consents from end-users interacting with your Portal.

  • Misrepresenting Identity: Impersonating others or misrepresenting affiliation when interacting with the Services or on your public Portal.

  • Spamming: Using the Portal features (posts, comments) for unsolicited advertising or spam.

Your Content, Portal Content, and Public Portals

  • Workspaces and Portals: The Services allow you to create Workspaces which contain configuration data and settings. Each Workspace can power a Portal hosted by KoalaFeedback, accessible via a KoalaFeedback subdomain or a custom domain ("Custom Domain") configured by you. These Portals are publicly accessible by default.

  • User Content Definition: For the purpose of these Terms, "User Content" includes: (a) data and configurations you or your Admins input into the Service (e.g., Workspace settings, Portal branding, internal notes), and (b) all content submitted by end-users who log into and interact with your public Portal, including posts, comments, votes, reports, and associated metadata ("Portal Content").

  • Permissions to User Content: By making any User Content available through the Services (either by your input or through end-user submissions on your Portal), you hereby grant to KoalaFeedback, its licensors, and their affiliates a non-exclusive, transferable, worldwide, royalty-free, fully paid-up license, with the right to sublicense, to use, host, store, copy, communicate, modify, process, analyze, display, and distribute your User Content solely in connection with KoalaFeedback providing, operating, securing, supporting, maintaining, and improving the Services (including displaying Portal Content on your public Portal and within your administrative view).

  • Your Responsibility for User Content: You are solely responsible for all User Content associated with your Workspaces and Portals. This includes ensuring you have the necessary rights and consents for any configurations you make and, crucially, for the Portal Content generated by end-users on your public Portal. You represent and warrant that you have (and will have) all rights and consents necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of User Content through the Services, nor any use of User Content by KoalaFeedback as permitted herein will infringe, misappropriate or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.

  • Admin Control over Portal Content: You and your designated Admins have administrative tools within the Service to manage Portal Content, including the ability to delete posts and comments on your Portal.

  • Removal of User Content: You can remove certain User Content by specifically deleting it within the Services (e.g., deleting Workspaces, posts, comments). However, due to the nature of public forums and technical constraints (backups, logs), some User Content, particularly Portal Content, may not be completely or immediately removable. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any User Content.

  • Ownership of Intellectual Property: KoalaFeedback and its licensors retain all rights, title, and interest in and to the Services, including all underlying technology, software, and intellectual property. You retain all rights, title, and interest in and to the User Content you or your Admins create (like configurations). End-users generally retain rights to the Portal Content they submit, subject to the license granted herein and any terms you present to them. You acknowledge that you are obtaining only a limited right to use the Services and no ownership rights in the Service itself are being transferred to you.

  • Custom Domains: If you configure a Custom Domain for your Portal, you are responsible for procuring and maintaining the domain name and configuring the necessary DNS records (e.g., CNAME) as instructed by KoalaFeedback. KoalaFeedback utilizes third-party services (like Cloudflare for SaaS) to manage SSL certificates and routing for Custom Domains. Your use of a Custom Domain is subject to the terms and availability of these underlying services. KoalaFeedback is not responsible for issues related to your domain registrar or DNS provider.

Content Moderation Policy

KoalaFeedback provides a platform for public feedback Portals. While you and your Admins have primary control over moderating your Portal, KoalaFeedback requires adherence to the following policy.

  • Prohibited Content and Activities on Portals: You are strictly prohibited from allowing, encouraging, or failing to remove (upon becoming aware) Portal Content on your public Portal that:

    • Is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
    • Incites violence, promotes discrimination, or advocates hatred against any individual or group.
    • Contains sexually explicit material, pornography, or exploits, abuses, or endangers children.
    • Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
    • Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
    • Constitutes unsolicited or unauthorized advertising, "junk mail," "spam," "chain letters," "pyramid schemes," etc.
    • Impersonates any person or entity, or falsely states or otherwise misrepresents affiliation with a person or entity.
    • Violates any applicable local, state, national, or international law, including data privacy laws.
    • Spreads false or misleading information (misinformation/disinformation).
    • Promotes or facilitates any illegal activity.
    • Contains personally identifiable information (PII) of others posted without their express consent or in violation of applicable privacy laws.

  • Subscriber's Moderation Duty: You and your Admins are primarily responsible for monitoring and moderating the Portal Content on your public Portal to ensure compliance with these Terms and applicable laws. This includes responding to reports from end-users.

  • KoalaFeedback's Review and Removal Rights: KoalaFeedback reserves the right, but has no obligation, to review Portal Content or investigate complaints. If we determine, in our sole discretion, that Portal Content violates this Content Moderation Policy or our Terms, or is otherwise illegal or harmful, we may, without prior notice, remove the offending content, suspend or disable the specific Portal, or suspend or terminate your entire account.

  • Automated Content Moderation (Future Feature): KoalaFeedback may, in the future, implement automated tools, potentially utilizing artificial intelligence ("AI Moderation Tools"), to assist Admins in identifying potentially problematic Portal Content based on predefined criteria or patterns. These tools are intended as aids and operate automatically. KoalaFeedback makes no warranties regarding the accuracy or completeness of the AI Moderation Tools' findings. They may flag non-violating content (false positives) or fail to flag violating content (false negatives). The ultimate responsibility for monitoring, reviewing, and managing all Portal Content on your public Portal remains with you and your Admins. KoalaFeedback disclaims all liability for any actions taken or not taken by the AI Moderation Tools or for your reliance on them.

  • Account Suspension/Termination: Repeated or egregious violations of this policy, or failure to adequately moderate your Portal, will result in account suspension or termination.

  • Reporting Violations: We encourage users (including end-users of Portals) to report suspected violations of this policy occurring on any KoalaFeedback-hosted Portal to [email protected].

Invoicing And Payment

You agree that KoalaFeedback shall be permitted to charge you, through our designated payment processor (e.g., Stripe), for the fees associated with your chosen subscription plan for each Workspace. Charges occur on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service for a Workspace may be interrupted if payment is 10 days past due. Accounts that are not collectable by KoalaFeedback may be turned over to an outside collection agency for collection.

Billing is managed at the Workspace level. You acknowledge and agree that any Admin associated with a Workspace may be able to access billing information, change subscription plans, and authorize payments for that Workspace via our payment processor. You are responsible for all charges incurred on your Workspaces, regardless of which Admin authorized the payment or change.

Subscriber is aware that KoalaFeedback may prospectively change the specified rates and charges from time to time.

KoalaFeedback is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by KoalaFeedback or our designated payment processor. Currency exchange settlements will be based on agreements between you and your financial institution or payment provider. No refunds will be issued for unused portions of service periods, except as may be required by applicable law.

Disclaimer and User Responsibility for Public Portals

KoalaFeedback provides the platform for hosting public feedback Portals. We do not control, actively monitor (except as outlined in the Moderation Policy), review, or endorse the Portal Content submitted by end-users to your Portal.

You are solely responsible for:

  • All content, interactions, and activities occurring on your public Portal(s), whether hosted on a KoalaFeedback subdomain or a Custom Domain.
  • All Portal Content submitted by end-users.
  • Moderating your Portal Content in accordance with these Terms, applicable laws, and your own community guidelines (if any).
  • Ensuring you have the legal right and necessary consents (e.g., under GDPR, CCPA) to collect, display, and process the Portal Content from your end-users via the public Portal.
  • Complying with all applicable laws and regulations related to operating a public forum and handling user-generated content (e.g., copyright, defamation, privacy).
  • Any decisions or actions taken based on the Portal Content collected.

KoalaFeedback makes no warranties regarding the accuracy, completeness, truthfulness, legality, or appropriateness of any Portal Content submitted by end-users. You acknowledge that Portal Content may contain errors, inaccuracies, offensive material, or opinions you do not agree with. Operating a public Portal and using the Portal Content is at your sole risk.

KoalaFeedback does not provide legal advice. You are responsible for ensuring your operation of the Portal and handling of Portal Content complies with all applicable legal requirements. Consult with legal counsel if you have questions about your obligations.

Warranty Disclaimer

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which Subscribers gain access to the Services; what User Content is generated or appears on your Portal; or how you may interpret or use the User Content.

You release us from all liability related to User Content (including Portal Content) accessed or managed through the Services or appearing on your public Portal. We make no representations concerning any User Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or appropriateness of material contained in or accessed through the Services or your Portal.

THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES OR YOUR PORTAL WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Limitation Of Liability

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, DATA THEFT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR WORKSPACE(S) GIVING RISE TO THE CLAIM DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF KOALAFEEDBACK HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT KOALAFEEDBACK WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST KOALAFEEDBACK ARISING OUT OF SUBSCRIBER'S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF KOALAFEEDBACK’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.

Indemnity

You agree to indemnify and hold harmless KoalaFeedback, its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Services (including operation of your public Portal); (b) your User Content (including Portal Content submitted by end-users to your public Portal); (c) actions taken by Admins you invited to your Workspaces; (d) your violation of these Terms; (e) your violation of any rights of any other person or entity (including end-users' privacy or intellectual property rights); or (f) your violation of any applicable laws or regulations.

API Usage

If KoalaFeedback provides an Application Programming Interface (API) for accessing the Services, your use of the API is subject to these Terms and any additional API documentation provided by KoalaFeedback. Your use of the API must be reasonable and not place an excessive burden on our servers. We reserve the right to limit or restrict your API access at any time, for any reason, including but not limited to excessive usage or violation of these Terms.

Changes to Service and Pricing

KoalaFeedback reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof, including features or hosting capabilities) with or without notice. We may also change our pricing for the Services at any time. We will endeavor to provide reasonable notice of any significant changes to the Services or pricing likely to adversely affect you.

Termination

  • For Cause: We may terminate your account and access to the Services immediately, without notice, for any violation of these Terms, including but not limited to violation of our Content Moderation Policy, failure to moderate your Portal, non-payment, providing false or misleading information, or any activity that we deem harmful to KoalaFeedback, its network, or other users.

  • Without Cause: We may also terminate your account at any time, for any reason, by providing thirty (30) days' prior written notice.

  • By You: You may terminate your account at any time by following the procedures within the Service or contacting support. Termination will be effective upon completion of the process.

  • Effect of Termination: Upon termination of your account, your right to use the Services (including access to your Workspaces and the hosting of your Portals) will immediately cease. We may delete your User Content, including Portal Content, shortly after termination, subject to our data retention policies and applicable law. We are not responsible for any loss of data that may occur as a result of account termination. Sections regarding Ownership of Intellectual Property, User Content Responsibility, Disclaimers, Limitation of Liability, Indemnity, Governing Law, Choice of Forum, and clauses intended by their nature to survive, shall survive termination.

Notice

You agree that KoalaFeedback may provide you with notices, including those regarding changes to the Terms of Service, by email to the address associated with your account, or by postings within the KoalaFeedback services.

Entire Agreement

The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time, such as our Privacy Policy) constitute the entire agreement between you and KoalaFeedback and govern your use of KoalaFeedback services, superseding any prior agreements between you and KoalaFeedback for the use of KoalaFeedback services.

Choice Of Law And Forum

The Terms of Service and the relationship between you and KoalaFeedback shall be governed by the laws of the Netherlands without regard to its conflict of law provisions. You and KoalaFeedback agree to submit to the personal and exclusive jurisdiction of the courts located within the Netherlands.

Waiver And Severability Of Terms

The failure of KoalaFeedback to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute Of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of KoalaFeedback services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Copyright Infringement

KoalaFeedback respects the intellectual property rights of others and expects its users to do the same. If you believe that your copyrighted work has been copied and is accessible on a Portal hosted by KoalaFeedback in a way that constitutes copyright infringement, please notify our designated Copyright Agent with the following information:

  • A description of the copyrighted work that you claim has been infringed.
  • Identification of the specific material on the Portal that you claim is infringing, including sufficient information to permit us to locate the material (e.g., the URL of the Portal and the specific post or comment).
  • Your contact information (name, address, telephone number, and email address).
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Please send infringement notices to our designated Copyright Agent at: [email protected]

We will respond to notices of alleged copyright infringement that comply with applicable law (e.g., the Digital Millennium Copyright Act in the U.S., or equivalent laws elsewhere). We reserve the right to remove or disable access to any material claimed to be infringing and to terminate the accounts of repeat infringers in appropriate circumstances.

Updates to the Terms

We may update these Terms from time to time to reflect changes in our Services or legal requirements. We will notify you of any material changes by posting the new Terms on the Site, updating the "Last Updated" date, and/or sending an email to the address associated with your account. You are advised to review these Terms periodically for any changes. Your continued use of the Services after the posting of the revised Terms constitutes your acceptance of such changes.

Public Portals, User-Generated Content, and Compliance

KoalaFeedback provides tools for creating public feedback Portals where end-users can generate content (Portal Content). Operating such a Portal carries specific responsibilities.

You are solely responsible for ensuring that your operation of the Portal and all Portal Content complies with:

  • Applicable Laws: Including, but not limited to, data protection and privacy laws (e.g., GDPR, CCPA regarding end-user data), copyright law (e.g., responding to takedown notices), defamation laws, and laws regarding illegal or harmful content.
  • Your Own Policies: Any terms of service, privacy policies, or community guidelines you present to end-users accessing your Portal.
  • Third-Party Platform Policies: If you link to or embed your Portal within other platforms, their policies may also apply.

You must provide legally adequate privacy notices and obtain necessary consents from your end-users regarding the collection, processing, and public display of their Portal Content via the KoalaFeedback Service.

KoalaFeedback acts as a service provider/platform and is not the publisher of the Portal Content generated by your end-users. You bear the primary legal responsibility for the content on your Portal.