Terms of Service

1. Acceptance of Terms

By accessing or using the StreamBack platform ("Service"), operated by Chuggy Labs, Inc., a Delaware corporation ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms apply to all visitors, users, customers, and others who access or use the Service, including individuals who embed the StreamBack SDK in their own applications ("Customers") and end users who interact with feedback layers ("End Users").

By using the Service, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal capacity and authority to enter into these Terms; and (c) if you are accepting these Terms on behalf of an organization, you have the authority to bind that organization to these Terms.

2. Service Description

StreamBack is a software-as-a-service ("SaaS") platform that enables businesses to collect, manage, and analyze user feedback. The Service includes, but is not limited to:

• An embeddable StreamBack SDK for integration into web applications.
• Smart behavioral triggers for contextually collecting feedback from End Users.
• Automatic screenshot capture with configurable privacy redaction capabilities.
• A credit-based reward system for incentivizing quality feedback submissions.
• Third-party integrations with platforms including Linear, Slack, GitHub, Jira, Discord, Zendesk, Intercom, and Salesforce.
• An administrative console for managing feedback, configuring policies, and organizing team members.
• AI-powered feedback scoring, categorization, and analysis tools.

We reserve the right to modify, update, suspend, or discontinue any part of the Service at any time. For material changes that negatively impact your use of the Service, we will provide reasonable advance notice where practicable. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service, provided we comply with our notice obligations.

3. Account Registration & Security

To access certain features of the Service, you must register for an account. When creating and maintaining your account, you agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain and promptly update your account information to keep it accurate, current, and complete.
• Maintain the security and confidentiality of your login credentials, including passwords and API keys, and accept full responsibility for all activities that occur under your account.
• Immediately notify us of any unauthorized use of your account, API keys, or any other breach of security.
• Not share your account credentials with unauthorized third parties or allow multiple individuals to use a single account unless permitted by your subscription plan.

You may not use another person's account without their express permission. We reserve the right to suspend or terminate accounts that we reasonably believe are being used in violation of these Terms, are the subject of unauthorized access, or pose a security risk to the Service.

4. Subscription Plans & Payment

4.1 Plans

The Service is offered under multiple subscription tiers, including Free, Pro, and Enterprise plans. Each plan provides different levels of access to features, usage limits, data retention periods, team member allocations, and support options. The specific features, limitations, and pricing for each plan are described on our pricing page and may be updated from time to time.

4.2 Billing & Renewal

• Billing Cycle: Subscription fees for paid plans are billed in advance on a monthly or annual basis, depending on the billing cycle selected at the time of purchase.
• Automatic Renewal: Paid subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings.
• Payment Methods: We accept payment via credit card, debit card, and other payment methods as indicated on the Service. All payments are processed securely by our third-party payment processor.
• Taxes: All fees are exclusive of applicable taxes (including VAT). You are responsible for paying all taxes associated with your use of the Service. Where required by law, we will add applicable taxes to your invoice.

4.3 Refunds

Subscription fees are generally non-refundable except as required by applicable law. If you cancel a paid subscription, you will retain access to the paid features until the end of your current billing period, after which your account will revert to the Free plan.

4.4 Price Changes

We may change our subscription fees at any time. For existing subscribers, we will provide at least thirty (30) days' advance written notice before any price increase takes effect. If you do not agree to the price change, you may cancel your subscription before the new pricing applies. Continued use of the Service after a price change takes effect constitutes acceptance of the new fees.

4.5 Overdue Payments

If any fees are not paid when due, we may, after providing written notice and a reasonable cure period of at least fourteen (14) days, suspend or restrict your access to the Service until such fees are paid. We reserve the right to charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower.

5. Data Ownership & Licensing

5.1 Your Data

You retain all right, title, and interest in and to any data, content, or information that you or your End Users submit to the Service ("Customer Data"). Nothing in these Terms transfers ownership of Customer Data to us.

5.2 License to Us

By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, reproduce, process, and display Customer Data solely to the extent necessary to provide, maintain, improve, and secure the Service. This license terminates when you delete Customer Data from the Service or when your account is terminated, subject to our data retention obligations and backup procedures.

5.3 Aggregated & Anonymized Data

We may collect, use, and disclose aggregated and anonymized data derived from Customer Data for purposes including analytics, benchmarking, improving the Service, training AI models, and generating industry insights. Such aggregated data will be de-identified and will not identify you, your organization, or your End Users. We own all right, title, and interest in such aggregated and anonymized data.

6. End User Data Collection

6.1 Customer Responsibilities

When you embed the StreamBack SDK in your application, the feedback layer collects feedback and associated data from your End Users on your behalf. As between you and us, you are the data controller (or equivalent under applicable law) for all End User personal data collected through the feedback layer. You are solely responsible for:

• Providing appropriate notice to your End Users about the collection, use, and processing of their data through the feedback layer, including disclosure of screenshot capture functionality where enabled.
• Obtaining any necessary consents from End Users as required by applicable data protection laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other relevant legislation.
• Ensuring that your use of the Service, and your instructions to us regarding the processing of End User data, comply with all applicable laws, regulations, and your own privacy policy.
• Configuring privacy redaction settings for automatic screenshots to ensure that sensitive End User information is appropriately masked or excluded.

6.2 Our Role

With respect to End User personal data, we act as a data processor (or equivalent under applicable law) processing such data on your behalf and in accordance with your instructions. We will process End User data only as necessary to provide the Service and as described in these Terms and our Privacy Policy.

6.3 Data Processing Agreement

For Customers who require a Data Processing Agreement ("DPA") to comply with applicable data protection laws, we offer a standard DPA that can be executed upon request. Enterprise plan customers may negotiate custom DPA terms. Please contact us at legal@streamback.tech to request a DPA.

7. Intellectual Property

7.1 Our Intellectual Property

The Service and all of its components, including but not limited to the software, SDK, APIs, AI models, algorithms, user interface designs, documentation, trademarks, trade names, logos, and all other content and materials provided by us (collectively, "StreamBack IP"), are and shall remain the exclusive property of Chuggy Labs, Inc. and its licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United States, the State of Delaware, and applicable international treaties.

7.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service, including embedding the StreamBack SDK in your applications, solely for your internal business purposes during the term of your subscription.

7.3 Restrictions

You may not: (a) copy, modify, or create derivative works based on the StreamBack IP; (b) distribute, transfer, sublicense, lease, lend, or rent the Service to any third party; (c) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Service; (d) access the Service in order to build a competitive product or service; or (e) remove, alter, or obscure any proprietary notices on the Service.

7.4 Feedback

If you provide us with any suggestions, ideas, enhancement requests, or other feedback regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without obligation to you.

8. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with these Terms. You agree not to, and not to permit any third party to:

• Use the Service for any unlawful purpose or in violation of any applicable local, national, or international law or regulation.
• Upload, transmit, or distribute any content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Use the Service to collect personal data from End Users without proper legal basis, consent, or adequate notice.
• Attempt to gain unauthorized access to any part of the Service, other users' accounts, or any computer systems, networks, or databases connected to the Service.
• Interfere with, disrupt, or place an unreasonable burden on the Service or the infrastructure supporting it.
• Use the Service to send unsolicited communications, spam, promotions, or advertisements.
• Introduce viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Use the Service to engage in cryptocurrency mining, load testing, or other resource- intensive activities not related to the intended use of the Service.
• Scrape, crawl, or use automated means to access the Service beyond what is permitted through the provided APIs.
• Resell, redistribute, or provide access to the Service to third parties as a standalone product without our prior written consent.
• Use the Service in connection with any application directed at children under the age of 16 without implementing appropriate safeguards and obtaining required parental consents.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Acceptable Use Policy, including without limitation, reporting such violations to law enforcement authorities and suspending or terminating the violator's account.

9. API Usage & Rate Limits

We provide APIs and an SDK to enable integration of the Service into your applications. Your use of our APIs is subject to the following terms:

• API Keys: You must authenticate all API requests using valid API keys issued to your account. API keys are confidential and must not be shared publicly or embedded in client-side code in a manner that exposes them to End Users.
• Rate Limits: API requests are subject to rate limits that vary by subscription plan. Exceeding rate limits may result in temporary throttling or rejection of requests. Current rate limits are documented in our API documentation and may be updated from time to time.
• Fair Use: You agree to use the APIs in a manner consistent with normal application usage patterns. Excessive or abusive API usage that degrades the Service for other customers may result in additional rate limiting, suspension, or termination of API access.
• API Changes: We may modify, deprecate, or retire APIs or API versions over time. We will provide reasonable notice (at least ninety (90) days for breaking changes) and maintain deprecated API versions for a reasonable transition period where feasible.
• SDK License: The StreamBack SDK is provided under a limited license for the sole purpose of integrating the Service into your applications. You may not modify, reverse engineer, or redistribute the SDK except as expressly permitted.

10. Third-Party Integrations

The Service offers integrations with third-party platforms including, but not limited to, Linear, Slack, GitHub, Jira, Discord, Zendesk, Intercom, and Salesforce. By enabling any third-party integration, you acknowledge and agree that:

• We are not responsible for the availability, accuracy, or reliability of any third-party service. Third-party services are governed by their own terms of service and privacy policies.
• Enabling an integration authorizes us to exchange data between the Service and the third-party platform as necessary to provide the integration functionality. The specific data exchanged depends on the integration and your configuration.
• You are responsible for reviewing and complying with the terms and policies of any third-party service you connect to the Service.
• We may add, modify, or remove third-party integrations at any time. We will provide reasonable notice before removing an integration that you are actively using.
• Any issues arising from third-party integrations, including data loss, service disruptions, or security incidents caused by the third-party service, are not our responsibility, and we disclaim all liability to the extent permitted by applicable law.

11. Service Level Agreement

11.1 Uptime Commitment

We target 99.9% monthly uptime for the Service ("Uptime Target"). Uptime is calculated as the total minutes in a calendar month minus minutes of Downtime, divided by total minutes in the calendar month. "Downtime" means periods when the core Service is materially unavailable, excluding Scheduled Maintenance and Excused Downtime.

11.2 Exclusions

The following are excluded from Downtime calculations:

• Scheduled Maintenance: Pre-announced maintenance windows for which we provide at least 24 hours' advance notice.
• Force Majeure: Outages caused by events beyond our reasonable control, including natural disasters, acts of government, internet backbone failures, or denial-of-service attacks.
• Customer Causes: Outages caused by your systems, network connectivity, or misuse of the Service.
• Third-Party Failures: Outages caused by third-party services, including cloud infrastructure providers and integration partners.

11.3 Service Credits

If we fail to meet the Uptime Target in any given calendar month, affected Pro and Enterprise customers may request service credits. Credits are calculated as a percentage of the monthly subscription fee for the affected month: 10% credit for uptime between 99.0% and 99.9%, 25% credit for uptime between 95.0% and 99.0%, and 50% credit for uptime below 95.0%. Credits must be requested within thirty (30) days of the end of the affected month and will be applied to future invoices. Service credits are your sole and exclusive remedy for failure to meet the Uptime Target.

12. Limitation of Liability

12.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SENDER VENTURES OÜ, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS OPPORTUNITIES, 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 or in connection with the Service.
• Any content or data obtained from the Service, including feedback data, AI-generated scores, or analysis results.
• Unauthorized access, use, or alteration of your transmissions, data, or content.
• Failures, interruptions, or errors in third-party integrations.
• Decisions made based on AI-powered feedback scoring or analysis.

12.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED EUROS (EUR 100).

12.3 Basis of the Bargain

The limitations of liability set forth in this Section 12 are fundamental elements of the basis of the bargain between you and us. The Service would not be provided without such limitations. These limitations apply regardless of the legal theory on which a claim is based, whether in contract, tort (including negligence), strict liability, or otherwise, and even if we have been advised of the possibility of such damages.

13. Indemnification

13.1 Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless Chuggy Labs, Inc., its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service or any activity under your account.
• Your violation of these Terms or any applicable law or regulation.
• Your collection, processing, or use of End User data through the feedback layer, including any failure to obtain necessary consents or provide required notices.
• Any content or data that you or your End Users submit to or through the Service.
• Your violation of any third party's rights, including intellectual property, privacy, or publicity rights.

13.2 Our Indemnification Obligations

We will defend, indemnify, and hold you harmless from any third-party claim that the Service, as provided by us, infringes any third party's intellectual property rights, provided that you: (a) promptly notify us of the claim; (b) give us sole control of the defense and settlement; and (c) provide us with reasonable cooperation at our expense. This indemnification obligation does not apply to the extent that a claim arises from your Customer Data, your modifications to the Service, or your use of the Service in combination with products or services not provided by us.

14. Termination & Suspension

14.1 Termination by You

You may terminate your account at any time by using the account deletion feature in your account settings or by contacting us at legal@streamback.tech. Upon cancellation of a paid subscription, you will retain access to paid features until the end of your current billing period.

14.2 Termination or Suspension by Us

We may suspend or terminate your account and access to the Service immediately, with or without prior notice, if: (a) you materially breach these Terms and fail to cure such breach within fourteen (14) days of written notice (or immediately for breaches that cannot be cured); (b) you fail to pay fees when due after a reasonable cure period; (c) your use of the Service poses a security risk to the Service or other users; (d) your account is being used for illegal activities; or (e) we are required to do so by law.

14.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We will retain your Customer Data for a period of thirty (30) days following termination to allow you to export your data (see Section 15). After this retention period, we will delete your Customer Data in accordance with our data retention policies, unless retention is required by applicable law.

14.4 Survival

All provisions of these Terms that by their nature should survive termination shall survive, including without limitation, Sections 5 (Data Ownership & Licensing), 7 (Intellectual Property), 12 (Limitation of Liability), 13 (Indemnification), 16 (Governing Law), and 17 (Dispute Resolution).

15. Data Portability & Export

We believe your data belongs to you. During your subscription and for thirty (30) days following termination, you may export your Customer Data from the Service through the following means:

• Self-Service Export: The admin console provides data export functionality allowing you to download your feedback data, screenshots, analytics, and configuration settings in standard, machine-readable formats (such as JSON or CSV).
• API Export: You may use our APIs to programmatically retrieve and export your Customer Data.
• Assisted Export: Enterprise plan customers may request assisted data export by contacting our support team.

We will provide data exports in commonly used, structured, machine-readable formats. Export features and availability may vary by subscription plan.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware and applicable federal laws of the United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Delaware, United States, and you hereby irrevocably consent to the exclusive jurisdiction and venue of such courts. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service informally by contacting us at legal@streamback.tech. We will attempt to resolve the dispute informally within sixty (60) days. If the dispute is not resolved within this period, either party may proceed with formal resolution as described below.

17.2 Formal Resolution

If a dispute cannot be resolved informally, it shall be resolved exclusively through binding proceedings in the courts described in Section 16. Enterprise plan customers may, by mutual written agreement, elect to resolve disputes through arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect. The arbitration shall be conducted in English and the seat of arbitration shall be Wilmington, Delaware, unless the parties agree otherwise.

17.3 Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than through arbitration, both parties waive any right to a jury trial.

18. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days' advance notice prior to the new terms taking effect. Notice may be provided by email to the address associated with your account, through a prominent notice within the Service, or by posting the updated Terms on our website.

What constitutes a "material change" will be determined at our reasonable discretion, but shall include at a minimum: changes to pricing, payment terms, limitation of liability, data processing practices, and governing law.

By continuing to access or use the Service after the revised Terms become effective, you agree to be bound by the updated Terms. If you do not agree to the revised Terms, you must stop using the Service and may terminate your account in accordance with Section 14.

19. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent. If such modification is not possible, the provision shall be severed from these Terms.

The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, and the remaining provisions shall continue in full force and effect. The failure of either party to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.

20. Contact Information

If you have any questions, concerns, or notices regarding these Terms of Service, please contact us at:

For urgent security matters or to report a vulnerability, please email legal@streamback.tech with "URGENT" in the subject line.