1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Userium (we, us), concerning your access to and use of the userium (the “Services”) as well as any related applications or browser extensions. A Customer may be referred to herein as the “Customer” or as “you.” Those persons who access the Services using Customer’s account are referred to herein as the “End Users.” Userium is a customer success platform that provides the following services: ● A platform for Product Analytics and customer health monitoring. ● A platform for creating In-App widgets like checklists, Product slider Modals and Surveys. ● A platform to customise user journey with automated Email and In-App messaging . When you sign up for a Userium account, purchase subscriptions, or accept an invitation to use the Service in conjunction with an individual or team who already has a Userium account, you are agreeing to these Terms on behalf of the organization you represent. If you do not agree with all of these Terms and Conditions, then you are prohibited from using Userium and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference. 1.2 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of Userium represents that you have accepted such changes. 1.3 We may update or change Userium from time to time to reflect changes to our products, our users' needs and/or our business priorities. 1.4 Userium is intended for users who are at least 16 years old. If you are under the age of 16, you are not permitted to register for Userium or use the Services without parental permission. 1.5 Additional policies which also apply to your use of Userium include: ● Our Cookie Policy https://userium.io/cookie-policy ● Our Privacy Policy https://userium.io/privacy-policy ● Certain parts of Userium can be used only on payment of a fee.
2.1 To access the Services, You must register for a Userium account by providing your full legal name, a valid email address, and any other information required to complete the registration process. As a general rule, your login details must be not shared with others, we only allow one concurrent session; Access to the Services may sometimes be procured via an order form entered into between you and Userium (an “Order Form”). You are responsible for ensuring that each of your End Users abides by these Terms at all times in connection with their use of the Services. It is your responsibility to: (a) inform your End Users of any relevant policies, practices and settings that you elect to enforce related to your End Users’ use of the Services; (b) obtain any rights, permissions or consents from your End Users that are necessary for your lawful use of the Service and the collection and processing of Customer Content (as defined in Section 2 below) by Userium in connection with your use of the Services; and (c) respond to and resolve any dispute between you and any of your End Users related to or based on Customer Content and/or your use of that Customer Content in connection with your use of the Services. You, and not Userium, are responsible for your End Users’ compliance with your internal policies and procedures. The Services are not intended for use by those under the age of 16 and You are responsible for ensuring that all End Users are at least 16 years of age. You and your End Users are responsible for all login credentials, including user names and passwords and Userium shall not be liable for any damages or losses that may occur as a result of your failure, or the failure of your End Users, to maintain the confidentiality of their login credentials. You are responsible for notifying us at support@userium.io if you become aware of any unauthorized use of or access to your account. Userium may communicate with you via email or pushed notifications regarding your account, system updates, or other issues related to your account and may assume that any communications we receive under your account have been submitted by you. You may not access or use Userium for any purpose other than that for which we make Userium and our services available. Userium may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 2.2 All End Users must comply with the following rules regarding acceptable use of the Services. End Users may not: ● Access, tamper with or use non-public areas of the Services, including but not limited to Userium's computer systems or the technical delivery systems of Userium or its service providers; ● Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure; ● Systematically retrieve data or other content from Userium to a compiled database or directory without written permission from us ● “Scrape” or otherwise access or search the Services by means other than through Userium's publicly supported interfaces; ● Attempt to overwhelm or disrupt the Services or Userium's infrastructure by intentionally imposing unreasonable burdens on our systems (for example, by using automated methods to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or ● Disrupt or interfere with the access of other End Users or any host or network, including, without limitation, by sending a virus, overloading, spamming, mail- bombing or flooding the Services, or by scripting the creation of content in a manner designed to interfere with or create an undue burden on the Services. ● Make any unauthorized use of Userium, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses ● Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords ● Make improper use of our support services, or submit false reports of abuse or misconduct ● Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools ● Attempt to impersonate another user or person, or use the username of another user ● Sell or otherwise transfer your profile ● Use any information obtained from Userium in order to harass, abuse, or harm another person ● Use Userium or our content as part of any effort to compete with us ● Attempt to access any portions of Userium that you are restricted from accessing ● Harass, annoy, intimidate, or threaten any of our employees, agents, or other users ● Delete the copyright or other proprietary rights notice from any of the content ● Disparage, tarnish, or otherwise harm, in our opinion, us and/or Userium ● Use Userium in a manner inconsistent with any applicable laws or regulations ● Threaten users with negative feedback or offering services solely to give positive feedback to users ● Misrepresent experience, skills, or information about a User ● Interfere with, disrupt, or create an undue burden on Userium or the networks and services connected to Userium ● Circumvent, disable, or otherwise interfere with security-related features of Userium, including features that prevent or restrict the use or copying of any content or enforce limitations on the use ● Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of Userium ● Add a script or code to hide the Userium brand ● Falsely imply a relationship with us or another company with whom you do not have a relationship ● Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). In addition to any other remedies that may be available to us, Userium reserves the right to take that remedial action we deem necessary, including the immediate suspension or termination of an End User or Customer’s account, upon notice and without liability to Userium should Customer or any of its End Users fail to abide by these acceptable use provisions or, if in Userium’s sole discretion, such action is deemed necessary to prevent disruption to the Services or harm to others. If you are an End User, Userium reserves the right to notify your organization and/or the administrator associated with your account with respect to any violation of these Terms.
We claim no intellectual property rights over the content submitted or created exclusively on your Userium account. Any content that is yours remains yours. These Terms do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the Services to you. Submitted Information and Content must not contain information or materials which are inappropriate, inaccurate, misleading, fraudulent or otherwise illegal. You will not use our services to upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit. Userium shall be entitled to remove any of the Submitted Information and Content which Userium believes to be inaccurate or inappropriate. You shall be responsible and liable for Submitted Information and Content, and defend, hold harmless and indemnify Userium and its affiliates from and against any damages which may result from the submission, display and/or use of any such Submitted Information and Content. Userium employees can log in to your Userium account to check if our dashboard and tools are working properly or to make improvements by using Super Admin Login. Userium never uses your password to log in to your account.
4.1 Fees. The Service is provided on a tiered subscription basis with fees calculated based on your total number of End Users as detailed on the pricing page on our website. Unless a substitute payment mechanism has been agreed to by Userium, a valid credit card is required to subscribe to the Service and Customer authorizes Userium to charge such fees using Customers selected payment method. Fees are billed in advance and are non-refundable. The number of End User subscriptions purchased under a subscription cannot be decreased during the applicable term. No credits or refunds will be issued for usage that is less than the purchased number of licenses. No adjustments are made for unused time on licenses. The subscription term for your End Users begins on the date on which you sign up and pay for the Service (the “Subscription Start Date”), regardless of the date on which you provision your individual End User accounts. 4.2 Auto Renewal. Customer agrees that its subscription to the Services will automatically renew on an annual or monthly basis (the “Renewal Date”) depending on the term chosen by Customer when subscribing to the Service. Customer hereby authorizes Userium to automatically charge Customer the applicable fees on or after each such Renewal Date unless Customer’s subscription to the Service has been terminated or cancelled as set forth in Section 5 below. 4.3 Calculation of Fees. Fees are based on annual or monthly periods that begin on Customer’s Subscription Start Date and end on the annual or monthly anniversary thereof (depending on whether Customer chooses an annual or monthly subscription). Customers are required to purchase a subscription for each End User and may add additional End Users to their account at any time by adding licenses through the application or notifying Userium at founders@Userium.so. Userium reserves the right to review the total number of End Users associated with Customer’s account from time to time and, if the number of End Users exceeds Customer's current subscription, then Userium reserves the right, upon notice to Customer, to invoice Customer for any additional End Users on a pro rata basis for the remaining period of Customer’s subscription term. Userium reserves the right to revise fees associated with the Service at any time upon not less than twenty (20) days prior notice to Customer, with such revised fees to be applied to Customer upon Customer’s next monthly or annual subscription term (as the case may be) and with respect to any additional End Users added to Customer’s subscription during the then current monthly or annual subscription term. 4.4 Trial Subscriptions. Userium may, at its option, offer new customers a limited free trial of the Service, subject to these Terms. Notwithstanding anything to the contrary herein, Userium shall have the right to terminate a Customer free trial at any time and for any reason. No organization or individual is entitled to receive more than one (1) free trial of the Service. 4.5 Late Payment. If you fail to make payments (not disputed in good faith) when due under these Terms, and after continued non-payment for a period of fifteen (15) days after we provide you with written notice and an opportunity to cure, we may suspend provision of the Service until payment is received and may charge you a late fee on the overdue amount from the date such amount became due at the lesser rate of 1.5% per month or the maximum rate permitted by applicable law, together with our costs incurred in collecting such payment. We are entitled to withhold performance and suspend provision of the Service until all undisputed amounts due are paid in full.
● Providing the Services. Userium will make the Services available to Customer and its End Users as described in these Terms. ● Protecting the Customer Content. Userium will maintain industry-standard administrative, physical, and technical safeguards designed to prevent unauthorized access, use, modification, deletion or disclosure of the Customer Content and will ensure that third-party service providers utilized by Userium in connection with its delivery of the Services do the same. If Customer Content includes personal data defined by EU Regulation 2016/679 (the General Data Protection Regulation or “GDPR”), if such Customer Content is transferred outside the European Economic Area or Switzerland to any country not deemed by the European Commission as providing an adequate level of protection for personal data, then the terms of the Userium Data Processing Addendum shall apply to such personal data and be incorporated into these Terms upon the execution and submission of the Userium Data Processing Addendum by Customer in accordance with its terms. ● Data Portability and Deletion. The European Union’s General Data Protection Regulation (GDPR) provide individuals in certain circumstances with rights to, among other things, access, delete and make corrections to their personal data. Userium’s commitment to meeting these obligations can be found in its Privacy Policy.
● Definition of Confidential Information. In connection with their performance under these Terms, each party may from time to time make certain information available to the other party that is not generally known to the public at the time of its disclosure and is either identified as, or should reasonably be understood by the receiving party to be, proprietary or confidential (the “Confidential Information”). Confidential Information specifically includes, but is not limited to, the terms of any order form(s) entered into by the parties, Customer Content, business plans, product plans, roadmaps, strategies, forecasts, projects and analyses, the results of any audit related to the Service (including but not limited to any security audit), financial information and fee structures, business processes, methods and models, and technical documentation. Confidential information does not include information that: (a) is or becomes publicly available without breach of these Terms by the receiving party; (b) was known to the receiving party prior to its disclosure by the disclosing party; (c) is or was independently developed by the receiving party without the use of any Confidential Information of the disclosing party; or (d) is or was lawfully received by the receiving party from a third party under no obligation of confidentiality. ● Protection of Confidential Information. Without the express prior written permission of the disclosing party, or as required by law, the receiving party will not disclose, transmit, or otherwise disseminate to any third party any Confidential Information of the disclosing party and will use at least the same degree of care and discretion with respect to the Confidential Information received from the disclosing party as it uses with its own similar information, but in no event less than a reasonable degree of care. The receiving party may disclose the disclosing party’s Confidential Information to its employees, affiliates, consultants, subcontractors, agents, or advisors (“Representatives”) who have a strict need to access the Confidential Information for the purpose of performing under these Terms and only to those who are obligated to maintain the confidentiality of such Confidential Information under terms that are at least as protective as the terms set forth in these Terms. Either party may disclose these Terms to potential parties to a bona fide fundraising, acquisition, or similar transaction solely for the purposes of the proposed transaction, provided that any such potential party is subject to written non-disclosure obligations and limitations on use that are no less protective than those set forth herein. ● Equitable Relief. The receiving party acknowledges that the remedy at law for breach of these confidentiality provisions may be inadequate and that, in addition to any other remedy the disclosing party may have, it shall be entitled to seek equitable relief, including, without limitation, an injunction or injunctions (without the requirement of posting a bond, other security or any similar requirement or proving any actual damages), to prevent breaches or threatened breaches of these confidentiality provisions by the receiving party or any of its Representatives and to enforce the terms and provisions of this Section 8 in addition to any other remedy to which the disclosing party is entitled at law or in equity. ● Compelled Disclosure. The receiving party may access and disclose Confidential Information of the disclosing party if legally required to do so in connection with any legal or regulatory proceeding; provided, however, that in such event the receiving party will, if lawfully permitted to do so, provide the disclosing party with notice in a reasonable time prior to such access or disclosure so as to allow the disclosing party an opportunity to seek appropriate protective measures. Receiving party will furnish only that portion of the Confidential Information that is legally required to be disclosed, and any Confidential Information so disclosed shall maintain its confidentiality protection for all purposes other than such legally compelled disclosure. If Userium is compelled by law to access or disclose Customer’s Confidential Information as part of a civil proceeding to which Customer is a party, Customer will reimburse Userium for the reasonable costs of compiling and providing secure access to such Confidential Information.
● THE SOFTWARE AND ALL INFORMATION, MATERIALS AND WEBSITES ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED ON AN “AS-IS,” “AS-AVAILABLE” BASIS. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS, SOFTWARE OR WEBSITES FURNISHED TO SUBSCRIBERS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SOFTWARE. USERIUM EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. You expressly agree that your use of the software is at your sole risk. The owners and creators of Userium do not warrant that the software will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from your use of the software, or as to the accuracy, reliability, completeness, or content of any information, website, software or merchandise that may be provided through the software. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by the owners and creators of Userium, employees, reseller or other representative or otherwise, which is not contained in this agreement shall be deemed to be a warranty by the owners and creators of Userium for any purpose or give rise to any liability of Userium whatsoever, and you agree that you will not rely on any such statement, information or advice. Where the owners and creators of Userium are distributors, rather than publishers, of the Content supplied by third parties, the owners and creators of Userium exercise no editorial control over such Content. The views and opinions expressed in such information do not necessarily reflect those of the owners and creators of Userium or its content providers or licensors. Neither the owners nor creators of Userium nor its content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information. Userium reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of the software following the posting of any changes to this Agreement constitutes acceptance of those changes, may also, in the future, offer new services and/or features in the software (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Userium reserves the right to terminate any free or unpaid Accounts that do not have any activity for sixty (60) days or trial accounts without a payment method thirty (30) days after expiration. “Unpaid Accounts” is defined as any account that is not on a paid pricing plan, or that is past due on payment in excess of (60) days. Userium, in its sole discretion, has the right to suspend or terminate your Account if you breach these Terms of Service. You are solely responsible for properly canceling your Account. To do so, the account owner must send an email to support@userium.io with “Account Cancellation” in the subject line. Any cancellation of your Account may result in the deactivation or deletion of your Account, denied access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Userium once your Account is cancelled.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL USERIUM BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF USERIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED IN THE SOFTWARE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, WEBSITES OR SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES USERIUM’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at support@userium.io