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Terms of Service

Last updated: December 4, 2024 | Version: 1.0

1. Service Description

Comment Mode is a Software-as-a-Service (SaaS) platform that enables users to collect and manage website feedback through an interactive commenting system. The service is accessible via web browser and provides the following features:

  • Create feedback sites by providing a URL and optional password protection
  • Collect feedback through comments with automatic screenshot capture when clicking on website elements
  • Organize sites into folders for better project management
  • Collaborate with team members (up to 10 team members per subscription)
  • Invite unlimited guest reviewers to provide feedback on your sites
  • Store and manage unlimited sites, projects, and feedback comments
  • Access all features through a web-based interface

The service is provided on a subscription basis and requires an active account to access all features.

2. User Obligations and Acceptable Use

By using Comment Mode, you agree to the following obligations and acceptable use policies:

  • You must provide accurate and complete information when creating an account
  • You are responsible for maintaining the security of your account credentials and for all activities that occur under your account
  • You must not use the service for any illegal purposes or in violation of any applicable laws or regulations
  • You must not attempt to gain unauthorized access to the service, other users' accounts, or password-protected sites
  • You must not use the service to collect, store, or process sensitive personal information without proper consent and compliance with data protection laws
  • You must not misuse the screenshot capture feature to capture or share content without authorization
  • You must not use the service to harass, abuse, or harm others
  • You must not interfere with or disrupt the service or servers connected to the service
  • You must not use automated systems or bots to access the service without explicit permission
  • You must comply with all applicable laws, including data protection and privacy regulations

Violation of these terms may result in immediate suspension or termination of your account without refund.

3. Payment Terms and Subscription Details

Comment Mode operates on a subscription-based model with the following terms:

  • Subscription Plan: We offer a single subscription plan with the following pricing:
    • Monthly subscription: £14.99 per month
    • Annual subscription: £139.99 per year (equivalent to £11.67 per month)
  • Billing Cycles: Subscriptions are billed either monthly or annually, depending on the plan you select at signup
  • Payment Processing: All payments are processed securely through Stripe. We do not store your full payment card details
  • Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date
  • Cancellation: You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of your current billing period
  • Price Changes: We reserve the right to modify subscription prices. Existing subscribers will be notified at least 30 days in advance of any price changes
  • Subscription Features: Your subscription includes access to all Comment Mode features, including up to 10 team members, unlimited sites/projects, unlimited storage, and unlimited guest reviewers

4. Cancellation and Refund Policy

Cancellation: You may cancel your subscription at any time through your account settings or by contacting us at support@commentmode.com. Cancellation takes effect at the end of your current billing period. You will continue to have access to all features until the end of the period you have already paid for.

Refund Policy: We do not provide refunds for subscription fees, including:

  • Partial billing periods (monthly or annual)
  • Unused portions of your subscription
  • Subscriptions canceled after the billing period has begun

All subscription fees are non-refundable. By subscribing, you acknowledge that you have read and understood this refund policy.

5. Intellectual Property Rights

Service Ownership: The Comment Mode service, including its software, design, functionality, trademarks, and all intellectual property rights, is owned by Comment Mode and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the service without our express written permission.

User Content Ownership: You retain full ownership of all content you create using Comment Mode, including:

  • Feedback comments and notes
  • Screenshots you capture
  • Sites and projects you create
  • Folders and organizational structures
  • Any other user-generated content

By using the service, you grant Comment Mode a worldwide, non-exclusive, royalty-free license to use, store, process, and display your content solely for the purpose of providing and improving the service. This license terminates when you delete your content or account, except where we are required to retain data for legal or regulatory purposes.

6. Limitation of Liability

THE COMMENT MODE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMMENT MODE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO COMMENT MODE IN THE 12 MONTHS PRECEDING THE DATE OF THE CLAIM.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

7. Dispute Resolution

Governing Law: These Terms of Service shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms or your use of the Comment Mode service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Arbitration: In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the service, the parties agree to first attempt to resolve the matter through good faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, the parties agree to submit the dispute to binding arbitration in accordance with the Arbitration Act 1996 and the rules of the London Court of International Arbitration (LCIA) or such other arbitration body as may be agreed upon by the parties.

This arbitration clause does not apply where prohibited by law or where a party seeks injunctive relief or other equitable remedies for matters relating to intellectual property rights or data protection.

8. Account Termination

Termination by You: You may delete your account at any time through your account settings. Upon account deletion, all of your data, including sites, folders, notes, comments, screenshots, and team memberships, will be permanently deleted within 30 days, except where we are required to retain data for legal, tax, or regulatory purposes.

Termination by Us: We reserve the right to suspend or terminate your account immediately, without prior notice, if you violate these Terms of Service, engage in prohibited activities, or for any other reason we deem necessary to protect the service or other users. In such cases, no refund will be provided for any unused portion of your subscription.

Effect of Termination: Upon termination of your account:

  • Your access to the service will be immediately revoked
  • All of your content will be scheduled for deletion as described above
  • If you are a team owner, your team and all team-owned content will be affected
  • If you are a team member, you will lose access to team features
  • Any outstanding subscription fees remain due and payable

Sections of these Terms that by their nature should survive termination (including but not limited to intellectual property rights, limitation of liability, and dispute resolution) shall survive termination.

9. Changes to Terms

We reserve the right to modify or update these Terms of Service at any time. When we make material changes to these Terms, we will notify you through one or more of the following methods:

  • Email notification to the email address associated with your account
  • In-app notification when you next access the service
  • Posting a notice on our website

Material changes will be communicated at least 30 days before they take effect. The "Last updated" date at the top of this page indicates when the Terms were last revised.

Your continued use of the Comment Mode service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the service and may cancel your subscription in accordance with Section 4.

10. Contact Information

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

Email: support@commentmode.com
Address: [Your Business Address - Please provide your home address for sole trader registration]

We aim to respond to all inquiries within 5 business days.