Terms of Service

Effective date: April 27, 2026 · Version 2026-04-27.0

1. Acceptance of Terms

These Terms of Service (the "Terms") constitute a legally binding agreement between [COMPANY_NAME] ("Company", "we", "us", "our") and you ("Customer", "you") governing your access to and use of the Sofibia platform and related services (collectively, the "Service").

By creating an account, clicking "I agree" or a similar button, or accessing or using any part of the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are accepting on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, do not use the Service.

2. Description of the Service

Sofibia is a software-as-a-service platform that enables companies to collect customer feedback through customizable forms, analyze feedback using artificial intelligence, visualize trends and insights, and manage team access with role-based permissions.

The Service is provided "as-is" and may include Beta features subject to additional limitations described in Section 15.

3. Eligibility

You may use the Service only if you are at least 18 years old (or the age of majority in your jurisdiction), have the legal capacity to form a binding contract, and your use complies with all applicable laws.

The Service is intended for business use only.

4. Account Registration and Security

4.1 Account Creation

To use the Service, you must register an account by providing accurate, complete, and current information. You may register using an email and password, or via Google OAuth. Email verification is required to activate your account.

You agree to provide truthful registration information, keep it up to date, maintain the confidentiality of your login credentials, and accept responsibility for all activities that occur under your account.

4.2 Team Members

As an account Owner or Admin, you may invite Team Members. You are responsible for ensuring Team Members comply with these Terms, revoking access promptly when they leave your organization, and all actions taken by Team Members under your account.

4.3 Security

You must immediately notify us at security@sofibia.com if you suspect unauthorized access to your account or any breach of security. We are not liable for any loss arising from your failure to comply with this Section.

4.4 One Account per Tenant

Each company may operate one Tenant account. Creating multiple accounts to circumvent plan limits is prohibited.

5. Subscription Plans and Payment

5.1 Plans

The Service is offered under subscription plans with different feature sets and usage limits. Available Plans are described at sofibia.com/pricing. We reserve the right to modify Plans upon reasonable notice.

5.2 Payment

By selecting a paid Plan, you authorize us (or our payment processor) to charge the applicable fees on a recurring basis. All fees are in [CURRENCY] and are non-refundable, except as described in Section 5.5 or as required by applicable law.

5.3 Taxes

Fees do not include applicable taxes (VAT, GST, sales tax, etc.). You are responsible for all taxes applicable to your subscription. For EU Customers: reverse-charge VAT rules may apply for business customers providing a valid VAT ID.

5.4 Late Payment

If payment is not received by the due date, we may suspend your access after [5] days' notice, charge interest at the lesser of 1.5% per month or the maximum rate permitted by law, or terminate your subscription after [30] days of non-payment.

5.5 Refunds

We offer a 14-day money-back guarantee for new Customers on paid Plans. Refunds are not available for subsequent billing periods, annual plans after 14 days, add-on usage charges, or accounts terminated for Terms violation.

5.6 Free Trials

We may offer free trial periods at our discretion. At the end of the trial, your account will automatically convert to a paid subscription or be downgraded, as specified at the time of trial activation.

5.7 Usage Limits

Each Plan includes specific limits on AI processing. If you exceed these limits, the Service may restrict additional operations until you upgrade your Plan or purchase additional capacity.

6. Acceptable Use

6.1 Permitted Use

You may use the Service only for lawful business purposes consistent with these Terms.

6.2 Prohibited Actions

You must not, and must ensure your Team Members and end-users do not:

• Use the Service in violation of applicable laws, including privacy and data protection laws.
• Collect feedback from individuals without a lawful basis or from minors under 16 (or 13 in the US) without verifiable parental consent.
• Collect or process special categories of personal data without explicit consent and a valid legal basis.
• Misrepresent the purpose of feedback forms to Respondents.
• Attempt to gain unauthorized access to the Service or its infrastructure.
• Transmit malware, viruses, or other malicious code.
• Interfere with the integrity or performance of the Service, or circumvent security or rate-limiting mechanisms.
• Reverse-engineer, decompile, or disassemble any portion of the Service.
• Resell or sublicense access to the Service, or use it to build a competing product.
• Use automated means to access the Service in a way that exceeds reasonable usage.
• Engage in impersonation, fraud, harassment, discrimination, or illegal surveillance.
• Send unsolicited communications through the Service.

6.3 Enforcement

We reserve the right to investigate violations and take appropriate action, including suspending or terminating your account and cooperating with law enforcement.

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including its software, design, algorithms, and all related intellectual property, is owned by or licensed to [COMPANY_NAME]. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service during your subscription term for your internal business purposes.

7.2 Customer Data

You retain all ownership rights in data you upload or import ("Customer Data") and feedback content collected from your Respondents. You grant us a limited license to process Customer Data solely to provide the Service, as described in our Privacy Policy. This license terminates when your account is deleted.

7.3 AI-Generated Output

AI analysis results generated by the Service ("AI Output") are made available to you for your use. We make no warranty regarding the accuracy of AI Output. You are solely responsible for any decisions made based on AI Output.

We do not use AI Output generated from your data to train AI models (subject to third-party providers' data usage policies — see Section 9).

7.4 Feedback About the Service

If you provide suggestions or feedback about improving the Service, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use and incorporate that feedback without obligation to you. This does not include your Customer Data.

7.5 Marks and Branding

You may not use [COMPANY_NAME]'s name, logos, or trademarks without our prior written consent.

8. Customer Data and Privacy

8.1 Your Responsibilities as Data Controller

For feedback and personal data collected from your Respondents, you are the data controller and we are the data processor. You are responsible for ensuring you have a lawful basis for collecting and processing Respondent data, informing Respondents how their data will be used (including AI processing), handling data subject requests, and complying with all applicable data protection laws.

8.2 Data Processing Agreement

Our processing of Customer Data on your behalf is governed by the Data Processing Agreement, incorporated into these Terms by reference.

8.3 Sensitive Data

You must not use the Service to collect or process special categories of personal data (as defined in GDPR Article 9) unless you have obtained explicit consent, have a valid legal basis, and have notified us in advance in writing.

8.4 Security

We implement appropriate technical and organizational measures to protect Customer Data. See our Privacy Policy for details.

9. AI Features and Third-Party Services

9.1 AI Processing

The Service uses artificial intelligence to analyze feedback. AI analysis results are probabilistic and may contain errors. You acknowledge that AI Output should be used as a decision-support tool and that we do not guarantee specific AI Output quality, accuracy, or consistency.

9.2 Third-Party AI Providers

To provide AI features, we transmit feedback content to third-party AI service providers. By enabling AI features, you authorize us to transmit your Customer Data to these providers. The current list of sub-processors is maintained in our Data Processing Agreement.

9.3 Voice Transcription

If you enable voice feedback, audio recordings are transmitted to a third-party provider for transcription and are not permanently stored on our systems after transcription. You are responsible for obtaining appropriate consent from Respondents before collecting voice recordings.

9.4 Third-Party Availability

Our AI features depend on the availability of third-party APIs. We are not responsible for downtime or changes caused by third-party provider outages or policy changes.

10. Confidentiality

10.1 Mutual Confidentiality

Each party may disclose confidential information to the other. The Receiving Party agrees to use Confidential Information only to perform its obligations under these Terms, protect it with reasonable care, and not disclose it to third parties without consent (except to employees or contractors on a need-to-know basis bound by equivalent obligations).

10.2 Exceptions

Confidentiality obligations do not apply to information that is or becomes publicly known, was already known to the Receiving Party, is received from a third party without restriction, or is required to be disclosed by law.

10.3 Customer Data

We treat your Customer Data as confidential and do not disclose it to third parties except as necessary to provide the Service, with your consent, as required by law, or in anonymized and aggregated form for product improvement.

11. Warranties and Disclaimers

11.1 Our Warranty

We warrant that we will provide the Service with reasonable skill and care and that it will materially conform to its documentation under normal use.

11.2 Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED ACCESS, ACCURACY OF AI OUTPUT, OR ANY PARTICULAR BUSINESS RESULTS.

Nothing in these Terms excludes warranties that cannot be excluded under applicable law.

12. Limitation of Liability

12.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

12.2 Cap on Liability

OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF THE FEES PAID BY YOU IN THE [12] MONTHS PRECEDING THE CLAIM OR [MINIMUM_AMOUNT].

12.3 Exceptions

These limitations do not apply to liability for death or personal injury, fraud, or any liability that cannot be excluded by law.

12.4 Basis of the Bargain

These limitations reflect a reasonable allocation of risk and are an essential basis of the bargain between the parties.

13. Indemnification

You agree to defend, indemnify, and hold harmless [COMPANY_NAME] from claims arising out of your violation of these Terms, your use of the Service in violation of applicable laws, your collection or use of Respondent data in violation of privacy laws, your Customer Data, or your failure to obtain appropriate consent from Respondents.

14. Term and Termination

14.1 Term

These Terms are effective from the date you first accept them and continue until your subscription ends or these Terms are terminated.

14.2 Termination by You

You may cancel your subscription at any time from account settings or by contacting billing@sofibia.com. Termination takes effect at the end of the current billing period. No refunds for the remaining portion (except as in Section 5.5).

14.3 Auto-Termination of Inactive Accounts

We automatically terminate and delete accounts that have shown no sign-in activity for an extended period:

• Accounts that have never had a paid subscription: after 6 consecutive months without sign-in.
• Accounts that previously had a paid subscription: after 12 consecutive months without sign-in, provided no paid subscription is currently active.
• Accounts with a currently active paid subscription are not subject to auto-termination.

We send a warning email at least 30 days before scheduled deletion. Signing in cancels the deletion. Once executed, deletion is irreversible and cascades to all account data as described in our Privacy Policy.

14.4 Termination by Us

We may suspend or terminate your account immediately if you materially breach these Terms and fail to cure within [15] days, you engage in prohibited conduct requiring immediate action, you become insolvent, or we are required to do so by law. We may terminate the Service generally with [90] days' notice.

14.5 Effect of Termination

Upon termination: your access ceases, you may export your data within [30] days using available export tools, after which we delete your Customer Data per our retention schedules. Sections 7, 10, 11, 12, 13, 16, and 17 survive termination. Outstanding payment obligations survive.

15. Modifications to the Service

We may modify or discontinue any part of the Service at any time. For material changes that adversely affect your use, we provide at least [30] days' notice. Your continued use constitutes acceptance.

Beta features (labeled "Beta", "Preview", or "Experimental") are provided as-is, without warranty, and may be discontinued without notice.

16. Governing Law and Disputes

16.1 Governing Law

These Terms are governed by the laws of [GOVERNING_JURISDICTION], without regard to conflict-of-law provisions. For EU Customers: these Terms do not limit mandatory rights under applicable EU law. For UK Customers: these Terms are interpreted in accordance with the laws of England and Wales where required.

16.2 Informal Resolution

Before formal proceedings, you agree to contact us at legal@sofibia.com and attempt to resolve the dispute informally within [60] days.

16.3 Arbitration (US Customers)

For US Customers, unresolved disputes will be resolved by binding arbitration under [ARBITRATION_BODY] rules. Class Action Waiver: You agree to resolve disputes on an individual basis only.

16.4 Jurisdiction (Non-US Customers)

For non-US Customers, disputes are subject to the exclusive jurisdiction of the courts of [JURISDICTION], unless mandatory law requires otherwise.

17. General Provisions

Entire Agreement. These Terms, the Privacy Policy, Data Processing Agreement, and any order forms constitute the entire agreement.

Amendments. We may update these Terms with at least [30] days' notice for material changes. Continued use constitutes acceptance.

No Waiver. Failure to enforce any provision does not waive our right to enforce it later.

Severability. If any provision is found invalid, the remaining provisions remain in effect.

Assignment. You may not assign these Terms without our written consent. We may assign in connection with a merger, acquisition, or asset sale.

Force Majeure. Neither party is liable for failure to perform due to causes beyond reasonable control.

Notices. We send notices to your account email. Notices from you must go to legal@sofibia.com.

Relationship. The parties are independent contractors.

Language. In case of conflict between translated and English versions, English prevails.

18. Contact

[COMPANY_NAME]
Email: legal@sofibia.com
Website: sofibia.com