Pobuca Measure terms of use

Background 

These Terms of Use, together with all other documents referred to herein, set out the terms of use under which you may use our Product (“Pobuca Measure”).  Please read these Terms of Use carefully and ensure that you understand them. You will be required to read and accept these Terms of Use when signing up for an Account. If you do not agree to comply with and be bound by these Terms of Use, you must stop using our Product immediately.  

By using Pobuca Platform Products and Services, you, or the entity that you represent (“You”) are agreeing to be bound by the following terms and conditions (collectively the “Agreement”), which also incorporates by reference our all guidelines, rules, or policies that Pobuca may from time to time establish and post on www.pobuca.com.  

However, if you proceed to sign a project engagement agreement or a premium support contract for any product of the Pobuca Platform, then the terms of these contracts supersede the terms of Use of this document. 

“We” or “Pobuca” or “Our Company”, are Pobuca Ltd (registered number: GB254214822, registered office is at London UK, 207 Regent Street, 3rd floor, W1B 3HH), and its affiliates Pobuca – Sieben PC (located at Aristomenous 3, Gerakas, Greece, VAT 099457037) and Inedu SA (located at Archiepiskopou Ierotheou 2, Patras Greece, VAT 800498703).

Access to our Product 

The use of our Product (including the ability to purchase services from us) requires an Account to access it. 

You may not create an Account if you are under 18 years of age. 

When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up to date. 

We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.  It is your responsibility to keep your password safe.  You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at helpdesk@pobuca.com. We will not be liable for any unauthorized use of your Account. 

You must not use anyone else’s Account without the express permission of the User to whom the Account belongs. 

Any personal information provided in your Account will be collected, used, and held by the law and our Privacy Policy. 

If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of the Product requiring an Account for access.  

If you close your Account, any content you have created will be deleted. 

Privacy and cookies 

Use of the Product is also governed by our Cookie and Privacy Policies, available from Cookie Policy and Privacy Policy.  These policies are incorporated into these terms of use by this reference.

Changes to these terms of use 

We may alter these terms of use at any time. Any such changes will become binding on you upon your first use of the Product after the changes have been implemented. You are therefore advised to check this page from time to time. 

In the event of any conflict between the current version of these terms of use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise. 

Description of Pobuca Measure

Pobuca Measure leverages AI to analyze conversations from all consumer touchpoints and extract customer experience alerts and insights. 

Turning customer voice into experience alerts. Build the right B2C solution to leverage AI to turn raw, natural language customer feedback into structured data sets of customer experience alerts and insights. 

• Know your customers: identify your customers and make the right segmentation based on their demographics and preferences.
• Collect and process feedback: collect customer feedback from all available touchpoints, process it, and make the most out of it.
• Turn feedback into valuable insights: Extract actionable insights out of the already available customer feedback on how to improve CX.

Seamlessly integrate across customer service touchpoints and start building a customer database on new or already existing entries in your CRM system. Stay resilient and proactive by automating responses based on those segments, alerts, and valuable insights for CX optimization. Analyze what your customers say and build segments based on their needs and customer experience alerts. Run campaigns, oversee processes, analyze data, & convey them to business knowledge. Identify and leverage potential ambassadors that would enhance the brand’s footprint. 

More info here: https://www.pobuca.com/customer-voice  

User content 

User content on the Product includes (but is not necessarily limited to): 

• Accounts’ (Companies’) Data
• Contacts’ Personal Data
• Contacts’ Sensitive Personal Data

An Account is required if you wish to submit User Content. You agree that you will be solely responsible for your User Content.  Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that all such User Content will comply with European Union and the United Kingdom data protection laws and our Privacy Policy. 

You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under European Union and the United Kingdom data protection laws.  You will be responsible for any loss or damage suffered by Us because of such breach. 

You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.  When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, worldwide license to store and archive, prepare derivative works from, display your User Content to operate the Product 

Organization/Company accounts and administrators 

In the free edition of the Product, as the first user who signs up for an account for your organization or company, you will be the administrator of your entity’s account. In the paid version of the Product, when you sign up for an account for your organization or company, you may specify one or more administrators. The administrators will have the right to configure the Product based on your requirements and manage end users in your organization/company account. If your organization/company account is created and configured on your behalf by a third party, such a third party has likely assumed an administrator role for your organization/company. Make sure that you enter into a suitable agreement with such a third party specifying such party’s roles and restrictions as an administrator of your organization/company account. 

You are responsible for: i) ensuring the confidentiality of your organization/company account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization/company account comply with this Agreement. You understand that Pobuca Ltd is not responsible for account administration and internal management of the Product for you. 

You are responsible for taking the necessary steps for ensuring that your organization/company does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to helpdesk@pobuca.com  provided that the process is acceptable to Pobuca Ltd. In the absence of any specified administrator account recovery process, Pobuca Ltd may provide control of an administrator account to an individual providing proof satisfactory to Pobuca Ltd demonstrating authorization to act on behalf of the organization. You agree not to hold liable for the consequences of any action taken by Pobuca Ltd in good faith in this regard. 

Renewal terms 

Your initial subscription period will be specified in your Invoice. have entered a valid credit card your subscription will be automatically renewed. If you add products during the Subscription Term, the fees for these additional products will be pro-rated, unless otherwise indicated in your order. 

If you use our Free Services, we will make the free services available to you free of charge until earlier than (a) the date on which your free subscription is terminated or (b) the start date of your paid subscription. 

No Early Termination; No Refunds. The Subscription Term will end on the expiration date and the subscription cannot be canceled early. We do not provide refunds if you decide to stop using the Pobuca subscription during your Subscription term. 

If your paid subscription expires, we may choose to continue to make available to you our Free Services, and you will continue to be subject to this Agreement for as long as you have access to Pobuca services and apps. 

However, if you proceed to sign a project engagement agreement or a premium support contract for any product of the Pobuca Platform, then the terms of these contracts supersede the terms of Use of this document. 

Termination 

1. You may terminate this Agreement at any time by clicking on “deactivate account”. PobucaLtd will not delete any of your archived data before a period of 30 days after the date of termination. Any statutory retention requirements concerning your business correspondence remain your responsibility. All sections of this Agreement that, by their nature, should survive termination will survive termination, including without limitation, ownership, warranties, disclaimers, and limitations of liability. 
2. If you do not log into your account for more than 365 days, the account will become inactive. When at our sole discretion an account is classified as inactive, PobucaLtd will flag that account as inactive. After 30 days all data including subscriber signups may be permanently removed from Pobuca’s database. 

Data protection 

We will only use your personal information as set out in Our Privacy Policy and Cookie Policy. 

Intellectual property rights 

Except for User Content, all Content included in the Product and the copyright and other intellectual property rights subsisting in that Content, unless specifically labeled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable European Union and United Kingdom intellectual property laws and treaties. 

You may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content from the Product unless given express wrote permission to do so by Us. 

You may: 

• access, view, and use the Product (including any web browsing capability built into other types of software or app),
• print [one copy of any] page(s) from the Product,
• download extracts from areas/screens of the Product, and
• save areas/screens from the Product for later and/or offline viewing.

Our status as the owner and author of the content on the product (or that of identified licensors, as appropriate) must always be acknowledged. 

You may not re-use any Content printed, saved, or downloaded from the Product for commercial purposes without first obtaining a license from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing, and use of the Product whether by business users or consumers. 

Liability and disclaimers 

The Agreement does not grant a license to any software except to the extent required for you to use the Product. Except to the extent that applicable laws prevent Pobuca from asserting every possible property right, you may not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Product, or found at or through the Product or any software, documentation, or data related to the Product; remove any proprietary notices or labels from the Product; reproduce or copy the Product or any part thereof; modify, translate, or create derivative works based on the Product; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Product. Third-party scripts or code, linked to or referenced from the Product, are licensed to you by the third parties that own such code, not by Pobuca. 

To the fullest extent permissible by law, we accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Product or the use of or reliance upon any Content (including User Content) included on the Product. 

We will not be liable for any loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage. 

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Product resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship. 

However, if you proceed to sign a project engagement agreement or a premium support contract for any product of the Pobuca Platform, then the terms of these contracts supersede the terms of Use of this document. 

Viruses, malware, and security 

We exercise all reasonable skill and care to ensure that the Product is secure and free from viruses and other malware. 

You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks. 

You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via the Product. 

You must not attempt to gain unauthorized access to any part of the Product, the server on which the Product is stored, or any other server, computer, or database connected to the Product. 

You must not attack the Product using a denial-of-service attack, a distributed denial-of-service attack, or by any other means. 

By breaching the provisions of this paragraph, you may be committing a criminal offense under the Computer Misuse Act 1990.  All such breaches will be reported to the relevant law enforcement authorities, and we will cooperate fully with those authorities by disclosing your identity to them.  Your right to use the Product will cease immediately in the event of such a breach. 

 Materials provided to our Platform 

We do not claim ownership of the materials you provide to Us (including feedback and suggestions) or post, upload, input, or submit to any Platform or its associated services (submissions).  

No compensation will be paid concerning the use of your Submission, as provided herein.  

By Posting a Submission you warrant and represent that you own or otherwise control all the rights to your Submission as described in this Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. 

In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has permitted you to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as outlined in this Agreement, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Image available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by this Agreement, of any of the Products, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, worldwide, royalty-free license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Service. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Service, provided that, such termination shall not affect any licenses granted in connection with such Images before the time you completely remove such Images. No compensation will be paid concerning the use of your Images. 

Acceptable usage policy 

You may only use the Product in a manner that is lawful and that complies with the provisions of this Clause. Specifically: 

1. you must ensure that you comply fully with any local, national or international laws and/or regulations;
2. you must not use the Product in any way, or for any purpose, that is unlawful or fraudulent;
3. you must not use the Product to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
4. you must not use the Product in any way, or for any purpose, that is intended to harm any person or persons in any way.
5. When submitting User Content (or communicating in any other way using the Product), you must not submit, communicate or otherwise do anything that:

• is sexually explicit;
• is obscene, deliberately offensive, hateful, or otherwise inflammatory;
• promotes violence;
• promotes or assists in any form of unlawful activity;
• discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
• is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
• is calculated or is otherwise likely to deceive;
• is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
• misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
• implies any form of affiliation with Us where none exists;
• infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks, and database rights) of any other party; or
• is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause or any of the other provisions of these Terms of Use.  Specifically, We may take one or more of the following actions: 

• suspend, whether temporarily or permanently, right to access Our Site or our Products;
• remove any User Content submitted by you that violates this Acceptable Usage Policy; 
• issue you with a written warning;
• take legal proceedings against you for reimbursement of any relevant costs on an indemnity basis resulting from your breach;
• take further legal action against you as appropriate;
• disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
• any other actions which We deem reasonably appropriate (and lawful).

We hereby exclude any liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use. 

Indemnification 

You agree to indemnify and hold Pobuca, its officers, directors, employees, suppliers, and affiliates harmless from and against any losses, damages, fines, and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Platform in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Pobuca. 

Availability of the Product 

From time to time, system down-time, either scheduled or unscheduled, may occur. Pobuca will work within reason to ensure this amount of downtime is limited. Pobuca will not be held liable for the consequences of any downtime. 

Unsolicited idea submission policy 

Pobuca or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Pobuca ’s products or marketing strategies might seem like ideas submitted to Pobuca. So, please do not send your unsolicited ideas to Pobuca or anyone at Pobuca. If, despite our request that you do not send us your ideas and materials, you still send them, please understand that Pobuca makes no assurances that your ideas and materials will be treated as confidential or proprietary. We must note that from time to time you will be asked to make suggestions on how to make the Pobuca experience more pleasant to you. We then expect your opinions about our application and anything you like or dislike and wish that we improve it. 

Notice specific to documents that may be available on the Product

Permission to use Documents (such as white papers, press releases, datasheets, and FAQs) from the Platform is granted, provided that: 

• the copyright belongs to Pobuca.
• use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and 
• no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Elements of Pobuca Platform websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from any Pobuca website may be copied or retransmitted unless expressly permitted by Pobuca. 

Trademark 

You acknowledge and agree that the Product, the Pobuca Group names and logos, all related product and service names, design marks, logos, and slogans, and all other material, including marketing content, comprising the Product, are the property of Pobuca or its affiliates or suppliers (collectively, the “Trademarks”).  

Unless stated otherwise, all trademarks are protected as the copyright, trade dress, trademarks, and/ or other intellectual properties owned by Pobuca Ltd or by other parties that have licensed their material to Pobuca Ltd . You are not authorized to use any of the Trademarks in any advertising, publicity, or any other commercial manner without the prior written consent of Pobuca Ltd . Your use of the Platform confers no title or ownership in the Platform, the Software, or the Trademarks and is not a sale of any rights in the Service, the Software, or the Trademarks. All ownership rights remain in Pobuca Ltd. 

The look and feel of the Platform is copyright © Pobuca Ltd, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the visual design elements without express written permission from Pobuca Ltd. 

Communications from Pobuca  

The Product may include certain communications from Pobuca, such as service announcements, administrative messages, and newsletters. You understand that these communications shall be considered part of using the Platform. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages. 

Complaints 

If Pobuca receives a complaint from any person against you for your activities as part of the use of the Product, Pobuca will forward the complaint to the administrator/s of your organization/company account. He/They will respond to the complainant directly as soon as possible and copy Pobuca in the communication. 

Force majeure 

Pobuca will not be liable for failure in the performance of obligations under this Agreement because of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause that is beyond Pobuca ’s reasonable control. 

Overseas access 

The site may be accessed throughout the world. Pobuca makes no representations that the site complies with the laws, including intellectual property laws, of any country outside the European Union or the United Kingdom. If you access the site from outside European Union or the United Kingdom, you do so at your own risk and are responsible for compliance with the laws in the jurisdiction from which you access the site. 

Law and jurisdiction 

Unless otherwise stated in a valid contract signed between You and Us, these Terms of Use will be governed by and construed following the laws of the United Kingdom without regard to any contrary conflicts of law principles.  All legal actions arising under this Agreement will be initiated and maintained in the courts in London, United Kingdom.  Both parties hereby irrevocably consent to such jurisdiction and venue. 

 Questions or concerns 

If you have any questions or concerns regarding this Agreement, please contact us at marketing@pobuca.com and we will answer as soon as possible.