Terms of Service

Lupley is a customer feedback platform operated from Ontario, Canada. By accessing Lupley, creating an account, accepting an invitation to a workspace, or using any part of the service, you agree to these Terms and to the policies incorporated into them: the Privacy Policy, the Acceptable Use Policy and the Cookie Policy. If you do not agree, do not use Lupley.

In these Terms, "we", "us" and "Lupley" mean Lupley. "You" means the individual using the service, and, where an account is used on behalf of a company, that company as well.

You must be legally capable of entering into a binding agreement to use Lupley. If you create or use an account on behalf of a company, organization or other legal entity, you represent that you are authorized to bind that organization to these Terms, and "you" includes that organization.

You are responsible for providing accurate account information and keeping it current. Each person invited to a workspace must use their own account credentials. Do not share a login.

You are responsible for protecting your credentials and for activity that happens under your account. Notify us promptly at security@getlupley.com if you suspect unauthorized access. Workspace Owners and Admins are responsible for managing the access they grant to their organization, including reviewing members and removing access that is no longer needed.

A Lupley workspace supports three roles:

• Owner: the person who originally created the workspace. The Owner has full access, can invite and remove users, can assign roles, and retains controls reserved for the Owner, including permanent workspace or account deletion where that option is available.
• Admin: can use all regular features, invite additional users, remove regular Users and assign the Admin or User role. An Admin cannot delete the workspace and cannot remove or change the role of the Owner.
• User: can use regular workspace features such as Feedback, Roadmap, Newsletter, Design, Integrations and Notifications, but cannot invite members, remove members, assign roles or delete the workspace.

Removing a user immediately terminates that person's authorization to access the organization's workspace and its private data, including through previously saved links or an existing browser session. Content that person created for the workspace stays with the workspace. If they are invited again later, they must accept a new invitation before regaining access.

You may not use Lupley for or in connection with:

• illegal activity
• fraud
• phishing
• spam
• malware
• harassment
• impersonation
• copyright infringement
• unauthorized access to accounts or systems
• security attacks
• automated abuse
• scraping where it is prohibited
• distribution of malicious software
• collection of information without appropriate authorization
• interference with Lupley or with other users

The Acceptable Use Policy sets this out in full and forms part of these Terms.

You retain ownership of your content, including feedback records, roadmap items, newsletters, logos, company information, design settings and anything else you or your end users submit through your workspace. Lupley does not claim ownership of your content.

You grant us a limited, non-exclusive, worldwide, royalty free licence to host, store, copy, process, transmit, adapt for display and publish your content only as reasonably necessary to operate the service and provide the features you use, including publishing content on the public pages you choose to publish. This licence exists to run the service and ends when the content is removed, subject to routine backup cycles.

You represent that you have the rights and permissions needed for the content you upload or process through Lupley, including logos and other material owned by third parties.

Feedback, subscription requests and related information may be submitted by your customers and other end users through your public pages. As between you and Lupley, you are responsible for your relationship with those end users, for what you publish or reply to, and for ensuring you have an appropriate legal basis to collect, use and retain their information. Lupley processes that information on your behalf in order to provide the service.

Lupley retains all rights in the Lupley platform, including its software, interface, design, documentation, technology, trademarks, name and branding. Using Lupley does not transfer any ownership of our intellectual property to you, and you may not copy, modify, reverse engineer, resell or create derivative works from the platform except where applicable law expressly permits it.

Personal information is handled as described in the Privacy Policy and in accordance with applicable privacy requirements, including Canadian privacy legislation. The Privacy Policy explains what we collect, why, how long we keep it, and the rights available to individuals.

Lupley depends on third party providers for infrastructure such as hosting, databases, authentication, email delivery, and, where applicable, payment processing and analytics. Those providers operate under their own terms. Except to the extent required by applicable law, we are not responsible for the acts, omissions, availability or content of third party services, and we do not control third party sites you may reach through links.

If you use newsletter or reply features, you are responsible for ensuring that recipients may lawfully be contacted, that any required consent was obtained and can be evidenced, that unsubscribe requests are honoured, and that your organization is accurately identified. You may not use Lupley to send unsolicited or unlawful commercial messages. You remain responsible for complying with applicable anti-spam and marketing law, including Canada's anti-spam legislation and similar laws in your recipients' locations.

Some Lupley plans are paid. If you subscribe to a paid plan, the plan, price, currency, billing frequency, renewal status and any plan limits are shown to you before you complete the purchase, and the price displayed at checkout applies to that purchase. Plan limits may include the number of workspace members, boards, newsletter sends or subscribers.

You may upgrade or downgrade where the option is offered in your account. An upgrade takes effect for the current or next billing period as indicated at the time, and a downgrade normally takes effect at the start of the next billing period and may reduce the features and limits available to you. We may change future pricing, and where notice is required we will provide it before the change applies to your renewal.

Taxes may be added where applicable. You are responsible for keeping your billing details accurate.

Unless stated otherwise at checkout, paid subscriptions renew automatically at the end of each billing period at the then current price for that plan, until cancelled. You can cancel at any time using the cancellation process shown in your account.

Cancellation stops future renewals and takes effect at the end of the period you have already paid for. It does not by itself create a refund for periods already paid, except where a refund is required by applicable law or stated in the refund section below.

Payments for a billing period that has started are non-refundable, except where a refund is required by applicable law, where we have agreed a refund in writing, or where a charge was made in error. If you believe you were charged incorrectly, contact support@getlupley.comwithin thirty days of the charge and we will review it and correct genuine billing errors.

Nothing in this section removes or restricts cancellation or refund rights that consumer protection law gives you and that cannot lawfully be excluded.

We may make beta, preview or experimental features available, and they may be labelled as such. These features may change significantly, may contain errors, may be unavailable, and may be withdrawn at any time. They are provided without any commitment of continued availability, and you should not rely on them for critical work.

We make reasonable efforts to keep Lupley available and performing well, but we do not guarantee uninterrupted or error free operation. Availability can be affected by planned maintenance, unplanned outages, security incidents, third party provider failures, network conditions and other circumstances beyond our reasonable control.

Lupley is actively developed. We may add, improve, modify, replace or discontinue features. Where a material change would significantly reduce functionality that paid customers rely on, we will give appropriate notice where reasonably possible or where required by law.

To the maximum extent permitted by applicable law, Lupley is provided on an "as is" and "as available" basis, without warranties or conditions of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted, timely, completely secure, error free, or suitable for every business purpose, or that all errors will be corrected.

Some jurisdictions do not allow the exclusion of certain warranties or legal guarantees. Nothing in this section excludes or limits any warranty, condition or right that cannot lawfully be excluded or limited, and in that case our liability is limited to the minimum extent permitted by law.

To the maximum extent permitted by applicable law, and except for liability that cannot lawfully be excluded, Lupley and its directors, officers, employees, contractors and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business opportunities, lost goodwill, business interruption, or loss or corruption of data, whether based on contract, tort, negligence, strict liability or any other theory, and whether or not we were advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to Lupley or these Terms will not exceed the greater of the total amounts you paid to us for the service in the twelve months immediately before the event giving rise to the claim, or one hundred Canadian dollars.

These limitations apply only to the extent permitted by applicable law and do not exclude or limit liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded. Where liability cannot be excluded but can be limited, it is limited to the maximum extent permitted.

If you use Lupley for business purposes, then to the extent permitted by applicable law you will defend, indemnify and hold us harmless from third party claims, together with reasonable legal costs and any damages or settlement amounts, arising from your content, your unlawful use of Lupley, your violation of another person's rights including privacy and intellectual property rights, your violation of applicable law, or your material breach of these Terms.

We will notify you of the claim without unreasonable delay, give you control of the defence for claims that concern only monetary damages, and cooperate reasonably at your expense. You may not settle a claim in a way that imposes obligations on us without our consent. This section does not apply to claims caused by our own acts or omissions.

We take reasonable administrative, organizational and technical measures to protect the service and the data in it, as summarised on the Security page. No internet service can guarantee absolute security. You must promptly report suspected account compromise or a suspected security vulnerability to security@getlupley.com and must not test the security of the service in a way that affects other customers or their data.

We may suspend access to an account, a workspace or a specific feature where it is reasonably necessary because of security threats, suspected fraud, illegal activity, material violations of these Terms or the Acceptable Use Policy, non-payment, abuse, or risks to Lupley, other customers or the public. Where appropriate we will give notice and a reasonable opportunity to resolve the issue first, but urgent risks may require immediate action.

You may stop using Lupley at any time, cancel a paid plan through your account, and delete your account. We may terminate an account or workspace for serious or repeated violations of these Terms, illegal activity, abuse, prolonged non-payment, or other grounds described in these Terms. We may also discontinue the service as a whole, in which case we will give reasonable notice where possible.

When you delete your account, the workspace records associated with it are deleted from our live systems, including boards, feedback, roadmap items, newsletters, subscriber lists, notifications and design settings. Deletion from live systems is not instantaneous across every system: copies can persist for a limited period in routine platform backups and system logs until those are cycled out, and we may retain limited records where we are required to do so by law, or where they are needed to resolve a dispute, prevent fraud or abuse, or enforce these Terms.

Export the data you want to keep before you delete your account or cancel a plan, because we cannot guarantee recovery afterwards.

If you believe content on Lupley infringes your intellectual property rights, email legal@getlupley.com with a description of the work or right concerned, the URL or location of the content, your contact details, a statement that you believe in good faith that the use is not authorized, and confirmation that the information in your notice is accurate and that you are the rights holder or authorized to act for them. We review complete notices, may remove or disable access to the content concerned, and may notify the account that published it. Repeat infringement can lead to account termination.

You may voluntarily send us suggestions, ideas or feature requests about Lupley itself. If you do, you grant us a perpetual, irrevocable, worldwide, royalty free licence to use and implement that suggestion in our products without obligation, attribution or compensation. This applies only to suggestions about Lupley that you send us on purpose. It does not apply to your workspace content or to feedback your own end users submit to your board, which remains yours under section 6.

These Terms and any dispute relating to them or to Lupley are governed by the laws of the Province of Ontario, Canada and the federal laws of Canada that apply there, without regard to conflict of laws rules. Mandatory consumer protection and other legal protections available to you in your place of residence continue to apply where they cannot lawfully be excluded.

If you have a concern, contact us first at legal@getlupley.com. Most issues can be resolved informally, and we ask both sides to attempt good faith informal resolution for thirty days before starting formal proceedings.

If a dispute is not resolved, it will be brought in the courts located in Ontario, Canada, and you and Lupley consent to the jurisdiction of those courts. This does not remove your right to bring a claim in a court that mandatory law entitles you to use, to complain to a regulator, or to any statutory right or remedy that cannot lawfully be waived.

We may update these Terms as Lupley develops or as legal requirements change. The version and last updated date are shown at the top of this page. Where a change is material we will give notice where appropriate, for example by email or an in app notice. Continuing to use Lupley after a change takes effect means you accept the updated Terms.

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary and the remaining provisions will continue in full force where legally possible.

These Terms, together with the Privacy Policy, the Acceptable Use Policy, the Cookie Policy and any order or plan details presented at checkout, form the entire agreement between you and Lupley regarding the service, and replace any earlier understanding on the same subject. A failure to enforce a provision is not a waiver of it. You may not assign this agreement without our consent; we may assign it as part of a merger, acquisition or sale of assets.

Legal notices and questions about these Terms: legal@getlupley.com. Product and billing support: support@getlupley.com. Security reports: security@getlupley.com. Privacy requests: privacy@getlupley.com.