These Terms of Service (the “Agreement") are entered into by and between the Tooling Ltd entity set forth below (“Tooling") and the entity or person placing an order for, or accessing, any Services (“Customer” or “you"). If you are accessing or using the Services on behalf of your company, you represent that you are authorised to accept this Agreement on behalf of your company, and all references to “you” or “Customer” reference your company.
This Agreement permits Customer to purchase subscriptions to online software-as-a-service products and other services from Intercom pursuant to Order Form(s) (defined below) and sets forth the terms and conditions under which those products and services will be provided.
The “Effective Date” of this Agreement is the date that is the earlier of: (a) Customer's initial access to any Services (as defined below) through any online provisioning, registration or order process or (b) the effective date of the first Order Form referencing this Agreement.
As used in this Agreement, “NoBluffing” means a wholly owned software service of Tooling Ltd, a UK company with registered offices at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ.
Modifications to this Agreement: From time to time, Tooling may modify this Agreement. Unless otherwise specified by Tooling, changes become effective for Customer upon renewal of Customer's current Subscription Term (as defined below), or entry into a new Order Form. Tooling will use reasonable efforts to notify Customer of the changes through communications via Customer's account, email or other means. Customer may be required to click to accept or otherwise agree to the updated Agreement before renewing a Subscription Term or entering into a new Order Form, but in any event continued use of the Services after the updated version of this Agreement goes into effect will constitute Customer's acceptance of such updated version. If Intercom specifies that changes to the Agreement will take effect prior to Customer's next renewal or new Order Form (such as for legal compliance, product or pricing change reasons) and Customer objects to such changes, Customer may terminate the applicable Subscription Term on notice in writing to Intercom and receive as its sole remedy a refund of any fees Customer has pre-paid for use of the applicable Services for the terminated portion of the Subscription Term, commencing on the date notice of termination was received.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT OR ACCESSING OR USING ANY SERVICES, YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE ANY SERVICES. FOR CLARITY, EACH PARTY EXPRESSLY AGREES THAT THIS AGREEMENT IS LEGALLY BINDING UPON IT. THIS AGREEMENT CONTAINS MANDATORY ARBITRATION PROVISIONS THAT REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. PLEASE READ IT CAREFULLY.
1. Definitions
"Service" means NoBluffing’s intelligent survey platform, including the free tier, Value for Money usage-based model, and any related tools or features.
"Client" refers to any individual or organisation that creates an account and uses the Service to conduct surveys.
"Survey Participant" means an individual who responds to surveys created through the Service.
"Billing Period" means the monthly period during which service usage is measured and invoiced.
2. Access to the Service
We provide access to the Service via the web. Your access is subject to:
- Creating a valid account
- Compliance with these Terms
- Payment for any applicable services
We reserve the right to refuse service or terminate accounts that violate these Terms.
3. Service Tiers
a. Free Tier: Clients may access a version of the Service at no cost.
b. Value for Money Model: Clients on this tier are charged monthly based on the number of intelligent questions our system generates and inserts into their surveys. Pricing is calculated per intelligent question used during the billing period. Detailed usage reports will be available in your account dashboard.
4. Payment Terms
Billing occurs at the end of each monthly billing period. Payment is due within 14 days from the invoice date. Invoices are delivered via email or available through your client dashboard. Payments must be made via approved methods (e.g., credit card, bank transfer, or through a third-party payment provider). Late payments may incur interest charges and may result in suspension of service.
a. Taxes: You are responsible for all applicable taxes, including VAT, sales tax, and any other duties imposed by your jurisdiction.
b. Billing Disputes: If you believe a billing error has occurred, you must notify us in writing within 10 business days of the invoice date. We will investigate and resolve the issue promptly.
5. Use of the Service
You agree not to:
- Use the Service to distribute unlawful, harmful, or misleading content.
- Attempt to reverse engineer or exploit any part of the platform.
- Interfere with other users’ access or degrade system performance.
6. Intellectual Property
We retain all intellectual property rights in the platform. Clients retain rights to their own content and survey responses. By using the Service, you grant us a non-exclusive license to use data for the purpose of delivering and improving the Service.
7. Data and Privacy
Use of the Service is also governed by our Privacy Policy. Clients are responsible for ensuring that their use of the Service and data collection complies with applicable laws (e.g., GDPR).
8. Termination and Suspension
We may suspend or terminate your access for breach of these Terms, non-payment, or misuse. You may terminate at any time by canceling your account. Upon termination:
- Your access to the Service will cease.
- Any outstanding fees become immediately due.
- We may retain or delete data in accordance with our Privacy Policy.
9. Modifications to Terms
We may update these Terms periodically. Changes will be notified through the platform or email. Continued use of the Service after updates constitutes acceptance.
10. Disclaimers and Limitation of Liability
The Service is provided “as is.” We do not warrant that it will be uninterrupted or error-free. To the fullest extent permitted by law:
- We disclaim all warranties (express, implied, or statutory).
- Our liability is limited to the fees paid in the preceding 12 months.
- We are not liable for indirect, incidental, or consequential damages.
11. Governing Law
These Terms are governed by the laws of England and Wales and disputes shall be resolved through binding arbitration or courts located therein.
12. Contact
For questions regarding these Terms:
Email: legal@nobluffing.com
Address: Tooling Ltd, 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ