TERMS & conditions
Version 5.3

Why we use Terms and conditions?
Ensuring that your users understand the limitations of how they can use any website content, including text, images, videos and music, helps to secure your intellectual property.
By accessing or using the xSurv service (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you disagree with any part of the terms, you may not access or use the Service. You represent and agree that: (i) you are at least 18 years of age; (ii) you are authorized to consent to these terms; and (iii) you consent to be legally bound by these terms. This agreement is between xseed (“Provider”, “we”, “us”, or “our”) and you (“Customer”, “you”, or “your”).
- “Service” means xseed’s Surveys application xSurv, including all features, functionalities, and user interfaces.
- “Customer Data” means any data, information, or material provided or submitted by Customer to the Service.
- “Genesys Cloud CX” refers to the Genesys Cloud CX platform on which our Service operates.
- “AppFoundry” refers to the Genesys Cloud CX AppFoundry marketplace.
xSurv is a service designed to facilitate and manage surveys related to customer interactions. It operates as an integration within the Genesys Cloud CX platform.
4.1. Subject to these Terms, Provider grants Customer a non-exclusive, non-transferable, limited license to access and use the Service.
4.2. Customer shall not: (a) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the Service in any way; (b) modify or make derivative works based upon the Service; (c) reverse engineer or access the Service to build a competitive product or service, or copy any features or functions of the Service.
5.1. The Service is designed to integrate with Genesys Cloud CX. Customer is responsible for maintaining a valid Genesys Cloud CX subscription and complying with Genesys Cloud CX terms of service.
5.2. Provider is not responsible for any changes in Genesys Cloud CX that may affect the functionality of the Genesys Cloud CX Service.
6.1. Customer is responsible for all activity occurring under Customer’s accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with Customer’s use of the Service.
6.2. Customer shall: (i) notify Provider immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Provider immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by Customer or Customer’s users; and (iii) not impersonate another user or provide false identity information to gain access to or use the Service.
7.1. Customer must provide accurate, current, and complete information during the registration process and keep such information updated.
7.2. Customer is responsible for maintaining the security of their account and password. Provider cannot and will not be liable for any loss or damage from Customer’s failure to comply with this security obligation.
8.1. Customer agrees not to use the Service to: a) Violate any laws or regulations b) Infringe on intellectual property rights c) Transmit any material that is defamatory, offensive, or otherwise objectionable d) Interfere with or disrupt the integrity or performance of the Service or Genesys Cloud CX e) Attempt to gain unauthorized access to the Service or its related systems or networks
8.2. Provider reserves the right to terminate Customer’s access to the Service for violation of Acceptable Use terms.
8.3. You are strictly prohibited from using the Service for illegal spam activities.
9.1. The Service and its original content, features, and functionality are owned by Provider and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
9.2. Customer retains all rights to any content submitted, posted, or displayed on or through the Service.
10.1. Provider’s privacy practices are governed by its Privacy Policy, which is incorporated into these Terms by reference.
10.2. Customer agrees that Provider may process Customer’s personal data in accordance with the Privacy Policy and for the purposes of providing and improving the Service.
10.3. Provider implements reasonable security measures to protect Customer Data but cannot guarantee absolute security.
11.1. The Service may integrate with or contain links to third-party services or websites. Provider does not control these third-party services and is not responsible for their content, privacy policies, or practices.
11.2. Customer’s use of such third-party services is at Customer’s own risk and subject to their respective terms and policies.
12.1. Certain aspects of the Service may be provided for a fee. Customer agrees to pay all applicable fees as described on the AppFoundry marketplace or as otherwise agreed upon.
12.2. Provider may change its fees upon reasonable notice. Customer’s continued use of the Service after a fee change constitutes agreement to pay the changed amount.
13.1. This Agreement shall remain in effect until terminated by either party as set forth herein.
13.2. Either party may terminate this Agreement: (i) upon 30 days prior written notice to the other party for any reason; or (ii) immediately upon written notice to the other party if the other party materially breaches this Agreement.
13.3. Upon termination or expiration of this Agreement, Customer shall cease all use of the Service and delete, destroy, or return all copies of the Service in its possession.
14.1. In no event shall Provider’s aggregate liability exceed the amounts actually paid by and/or due from Customer in the twelve (12) month period immediately preceding the event giving rise to such claim.
14.2. Customer agrees that it is virtually certain that Provider would be damaged due to unauthorized copying, distribution, or reverse engineering of the Service, and that the precise amount of such damages is difficult or impossible to calculate. Accordingly, in addition to all other remedies available to Provider, Customer agrees to pay liquidated damages in an amount equal to the maximum statutory damages available per infringing instance.
14.3. In no event shall Provider and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind.
15.1. Provider will use commercially reasonable efforts to make the Service available 24 hours a day and 7 days a week, except during planned downtime with advance notice to Customer or during Force Majeure events.
15.2. Provider may, upon fifteen (15) days advance notice and at its expense, conduct an audit during Customer’s normal business hours of Customer’s use of the Service to verify compliance with this Agreement. Customer shall provide Provider with access to records, hardware, and employees necessary to perform the audit.
16.1. “Confidential Information” means any and all Provider’s trade secrets, confidential and proprietary information including but not limited to technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information disclosed directly or indirectly.
16.2. Customer agrees to:
- Maintain the confidentiality of all Confidential Information
- Not disclose Confidential Information to any third party
- Use Confidential Information only for purposes of this Agreement
- Return or destroy all Confidential Information upon termination of this Agreement
Neither party shall be liable for any failure or delay in performance under this Agreement if caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, fires, floods, epidemics, pandemics, war, terrorism, strikes, labor disputes, governmental actions, or any other event that is unforeseeable and beyond the reasonable control of the affected party (“Force Majeure Event”). The affected party shall promptly notify the other party of such occurrence and its estimated duration.
18.1. The parties agree that electronic communications, including but not limited to email, electronic signatures, and online messaging, shall be deemed valid and legally binding for all purposes under this Agreement.
18.2. Such electronic communications shall have the same force and effect as if they were in writing and signed by the parties.
The parties to this Agreement are independent contractors. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party shall have the power to obligate or bind the other party.
This Agreement constitutes the complete and exclusive understanding between the Parties with respect to the Service, superseding all prior or contemporaneous communications, proposals, and representations. No modification to this Agreement will be binding unless in writing and signed by authorized representatives of both parties.
These Terms shall be governed by and construed in accordance with the laws of Portugal, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.