Terms and Conditions

01About these terms

These Terms and Conditions (the “Terms”) govern your access to and use of the CXVoice website at cxvoice.io and the CXVoice customer feedback platform (together, the “Service”), provided by CXVoice.io (“CXVoice”, “we”, “us” or “our”).

By creating an account, signing an order form, or using the Service, you agree to these Terms. If you use the Service on behalf of a business or other organisation, you confirm that you have authority to bind that organisation, and “you” and “Customer” refer to that organisation.

If you have signed a separate written agreement with us for the Service, that agreement takes priority over these Terms where they conflict.

02Key terms

• Users means the people you allow to access your CXVoice account, such as owners, managers and team members.
• Respondents means your customers and other people who leave feedback through your CXVoice surveys, QR codes or links.
• Customer Data means the information you or your Respondents submit to the Service, including survey responses, voice notes, and reviews and replies imported from connected services.
• Order means a quote, order form or online checkout that sets out the plan, fees and term you have chosen.

03The Service

CXVoice helps businesses collect customer surveys and voice feedback, manage Google reviews, organise feedback by location and touchpoint, and follow up with customers. The features available to you depend on the plan in your Order.

Demonstrations on our website, including the sample survey, dashboard and review reply preview, are illustrative only. Names, figures and reviews shown in them are examples, and information entered into them is not saved or sent to any business.

We may improve, change or add features from time to time. We will not make changes that materially reduce the core functionality of a paid plan during its current term without telling you in advance.

04Accounts and team access

• You must provide accurate account information and keep it up to date.
• You are responsible for your Users, for deciding which locations and features each User can access, and for everything that happens under your account.
• Keep login details confidential, and tell us promptly at hello@cxvoice.io if you suspect unauthorised access.
• Users must be at least 18 years old, or the age of majority where they live.

05Plans, fees and payment

• Fees, billing frequency and the number of locations or touchpoints included are set out in your Order.
• Unless your Order says otherwise, fees are billed in advance, are payable within 14 days of the invoice date, and are non-refundable except where required by law or stated in these Terms.
• Fees exclude taxes. You are responsible for applicable taxes other than taxes on our income.
• If payment is overdue, we may suspend the Service after giving you at least 7 days’ notice.
• We may change our fees for future renewal terms by giving you at least 30 days’ notice before the renewal date.

06Trials and pilots

We may offer free trials, pilots or beta features. These are provided for evaluation, may be changed or ended at any time, and are provided “as is” without any warranty or service commitment. Customer Data in a trial account may be deleted when the trial ends unless you move to a paid plan.

07Your responsibilities when collecting feedback

You decide what feedback to collect and how to use it. You agree to:

• comply with all laws that apply to you, including data protection, privacy, consumer protection and anti-spam laws;
• give Respondents clear notice of who is collecting their feedback and how it will be used, for example through a short privacy notice on your survey or signage, and obtain any consent the law requires;
• make sure voice feedback is optional, and not ask Respondents to record other people without their knowledge;
• not use the Service to collect sensitive information, such as health information, government identification numbers or payment card details, unless we have agreed to this in writing;
• not use surveys aimed at children under 16; and
• respond to requests from Respondents who want to access, correct or delete their information. We will provide reasonable help.

08Google reviews and third-party services

Some features work with services provided by third parties, such as Google Business Profile. Your use of those services is governed by their own terms and policies, and we are not responsible for their availability, accuracy or changes.

When you use CXVoice to request or reply to reviews, you agree to follow Google’s terms and policies, including its rules for reviews. In particular, you must not:

• invite only customers who had a positive experience to leave a public review, or discourage customers who had a negative experience from leaving one (sometimes called “review gating”);
• offer money, discounts or other incentives in exchange for reviews;
• post, request or arrange fake or misleading reviews; or
• publish replies that are offensive, misleading or disclose a customer’s personal information.

You are responsible for the content of the replies your Users publish. Replies are only published when one of your Users chooses to publish them.

09Acceptable use

You must not, and must not allow anyone else to:

• use the Service for anything unlawful, harmful, fraudulent, deceptive or discriminatory;
• send spam or unsolicited messages through the Service;
• upload malware, or interfere with or disrupt the Service or the networks that support it;
• try to gain unauthorised access to the Service, other accounts or our systems, or test their vulnerability without our written permission;
• copy, reverse engineer or resell the Service, or use it to build a competing product;
• scrape the Service or access it by automated means except through features or interfaces we provide; or
• use the Service to harass, threaten or infringe the rights of others.

10Customer Data and privacy

As between you and us, you own your Customer Data. You give us a limited licence to host, store, copy, transcribe, translate, analyse and display Customer Data only as needed to provide, secure and support the Service, and as otherwise instructed by you.

We process personal information in Customer Data on your behalf and according to our Privacy Policy. A data processing agreement is available on request.

We may create aggregated and de-identified information from use of the Service, which does not identify you, your Users or Respondents, to operate and improve the Service.

You are responsible for having the rights and permissions needed for us to process Customer Data as described in these Terms.

11Intellectual property

We and our licensors own all rights in the Service, including the software, design, CXVoice name, logos and website content. Subject to these Terms and payment of fees, we grant you a non-exclusive, non-transferable right to use the Service for your internal business purposes during your subscription.

If you send us suggestions or feedback about the Service, we may use them freely without any obligation to you.

12Confidentiality

Each party will keep the other’s non-public business, technical and financial information confidential, use it only to perform under these Terms, and protect it with at least reasonable care. This does not apply to information that is public, already known to the recipient, independently developed, or lawfully received from a third party. Either party may disclose confidential information when required by law, after giving notice where legally permitted.

13Availability and support

We work to keep the Service available and reliable, but it may occasionally be unavailable because of maintenance, updates, or events outside our control. We will try to schedule planned maintenance at times that minimise disruption and to give notice of significant planned downtime. Support is provided through the channels and hours described in your Order or on our website.

14Warranties and disclaimers

We will provide the Service with reasonable skill and care. Except as expressly stated in these Terms, the Service is provided “as is” and “as available”, and we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law.

Insights, transcriptions, translations, themes and suggested replies are generated to help you understand feedback. They may contain errors, and you should review them before relying on them or publishing replies.

15Limitation of liability

To the fullest extent permitted by law:

• neither party will be liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, goodwill or data, even if advised of the possibility; and
• each party’s total liability arising out of or relating to these Terms will not exceed the fees paid or payable by you to CXVoice in the 12 months before the event giving rise to the claim.

These limits do not apply to your payment obligations, your breach of the acceptable use or customer responsibility sections, either party’s indemnity obligations, or liability that cannot be limited by law, such as for fraud.

16Indemnity

You will defend and indemnify CXVoice against claims, losses and costs (including reasonable legal fees) brought by third parties arising from your Customer Data, your collection and use of feedback, replies published by your Users, or your breach of these Terms or applicable law.

17Term, suspension and termination

• Your subscription runs for the term in your Order and renews automatically for the same period unless either party gives notice of non-renewal at least 30 days before the end of the current term.
• Either party may terminate these Terms if the other materially breaches them and does not fix the breach within 30 days of written notice.
• We may suspend access immediately if we reasonably believe your use poses a security risk, breaks the law, or seriously breaches the acceptable use section. We will tell you and restore access once the issue is resolved.
• After termination, you may export your Customer Data for 30 days. After that we will delete it within 90 days, unless the law requires us to keep it.
• Sections that by their nature should survive termination will continue to apply, including those on fees owed, confidentiality, intellectual property, disclaimers, limitation of liability and indemnity.

18Use of our website

The content on our website is provided for general information about CXVoice. We aim to keep it accurate and up to date, but it does not form part of any contract unless included in an Order. Links to third-party websites are provided for convenience, and we are not responsible for their content.

19Governing law and disputes

These Terms are governed by the laws of the Democratic Socialist Republic of Sri Lanka. Before starting formal proceedings, each party will try in good faith to resolve any dispute through discussion between senior representatives for at least 30 days. If a dispute is not resolved, the courts of Colombo, Sri Lanka will have exclusive jurisdiction, except that either party may seek urgent relief in any competent court.

20General

• Assignment: neither party may assign these Terms without the other’s written consent, except to a successor in a merger, acquisition or sale of substantially all of its assets.
• Force majeure: neither party is liable for delays or failures caused by events beyond its reasonable control, other than payment obligations.
• Notices: we may send notices to the email address on your account. You can send notices to hello@cxvoice.io.
• Entire agreement: these Terms, together with your Order and any documents they refer to, are the entire agreement between us about the Service.
• Severability and waiver: if any part of these Terms is found unenforceable, the rest remains in effect. Failing to enforce a right is not a waiver of it.
• Independent parties: nothing in these Terms creates a partnership, agency or employment relationship.

21Changes to these Terms

We may update these Terms from time to time. We will change the “Last updated” date at the top of this page and, for significant changes, give you at least 30 days’ notice by email or in the Service. If you continue to use the Service after the changes take effect, you accept the updated Terms. If you do not agree, you may stop using the Service and cancel at the end of your current term.

22Contact us

Questions about these Terms? We’re happy to help.