Terms of Service

0. Content of Terms

1. 1. Intellectual Property and Licence to Use the Services
2. 2. Description of Service
3. 3. User Accounts
4. 4. Acceptable Use
5. 5. Intellectual Property
6. 6. Privacy
7. 7. Legal Entity
8. 8. Cancellation and Refund Policy
9. 9. Email Newsletter
10. 10. Community Content and Acceptable Use
11. 11. AI Moderation Disclaimer
12. 12. Suspension and Termination
13. 13. Limitation of Liability
14. 14. Changes to Terms
15. 15. Indemnity
16. 16. Governing Law and Jurisdiction
17. 17. Contact

1. Intellectual Property and Licence to Use the Services

Ownership of Intellectual Property

All intellectual property rights, including copyright, trademarks, database rights, software code, designs, graphics, text, and other materials forming part of the Services ("IP Rights"), are owned by us or licensed to us by third parties. Nothing in these Terms grants you ownership of any such IP Rights.

Licence Granted to You

Subject to your compliance with these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Services during your subscription period. This licence is provided solely for your internal business purposes or, where applicable, your personal use.

Your Content

You retain ownership of any content, data, information, or materials that you upload, submit, store, or otherwise make available through the Services ("Your Content").

By using the Services, you grant us a limited right to access, use, process, copy, and store Your Content only to the extent necessary to operate, maintain, and provide the Services in accordance with these Terms and our Privacy Policy.

Restrictions on Use

You must not, and must not allow any third party to:

• copy, reproduce, modify, adapt, or create derivative works from the Services;
• reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services;
• rent, lease, distribute, sell, assign, sublicense, or otherwise transfer any rights to the Services;
• remove, alter, or conceal any copyright, trademark, or other proprietary notices contained within the Services; or
• use the Services, or any part of them, to develop, support, or provide a competing product or service.

Any rights not expressly granted under these Terms are reserved by us and our licensors. You may not use, exploit, or reproduce any IP Rights without our prior written permission.

2. Description of Service

Free Comments provides an embeddable commenting widget, an AI Chatbot, and Website Forms for websites. Features include comment moderation, custom styling, multi-site management, AI-powered chatbot knowledge base indexing, and form creation and management. We reserve the right to modify, suspend, or discontinue the Service at any time.

3. User Accounts

You must provide accurate information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

We reserve the right to delete user accounts that have not been accessed by logging into, for 12 months or more.

4. Acceptable Use

You agree not to use the Service for any unlawful purpose or to transmit any material that is abusive, harassing, defamatory, obscene, or otherwise objectionable. We reserve the right to remove content and suspend accounts that violate these rules.

5. Intellectual Property

The Service and its original content, features, and functionality are owned by Free Comments and are protected by international copyright, trademark, and other intellectual property laws.

6. Privacy

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection and use of information as described therein.

7. Legal Entity

Free Comments is a trading name of Made Simple Media Ltd, Registered in England & Wales, Company Registration No: 09877849, VAT No: GB333944101. Registered Address: C/O Shepherd Accountants Limited, 20 Lintot Square, Fairbank Road, Southwater, Horsham, West Sussex, United Kingdom, RH13 9LA.

8. Cancellation and Refund Policy

You can cancel your subscription anytime in the Billing section of your Dashboard by cancelling the auto-renewal option. By cancelling the auto-renewal option, your subscription will remain active until the end of the current pre-paid period and then expires automatically.

If you do not wish to continue using Free Comments, please cancel the auto-renewal option before the end of the billing period.

Consumer Rights (B2C customers)

If you are a consumer under applicable EU consumer protection law, you have the right to withdraw from your subscription within fourteen (14) calendar days after your purchase without giving any reason. To exercise this right, you must inform us at support@freecomments.io before the 14-day period expires.

However, this right does not apply if you have already started using our paid services with your explicit consent before the 14-day period ends.

If you withdraw within the 14-day period, we'll reimburse all payments you made within 14 days of receiving your withdrawal notice. We'll use the same payment method you used for the purchase, and we won't charge you any fees for this reimbursement.

Business customers (B2B)

For business customers, we may provide refunds or service credits for paid but unused services if you terminate due to a material breach by us. This is at our sole discretion or where required by law. The statutory right of withdrawal does not apply to business users.

Additional refund provisions

For annual subscriptions, we provide a 14 day money-back guarantee for renewal. The refund processing time takes up to 5 business days. A $20 handling fee applies only to business customers or where not prohibited by law.

We will not refund any subscription in order to purchase the same subscription plan with a discounted price.

Cryptocurrency and wire transfer payments are non-refundable.

9. Email Newsletter

When you create an account with Free Comments, you agree that we may send emails to the address provided during registration.

These communications may include, but are not limited to:

• product updates and new feature announcements;
• guidance, tips, and educational content relating to the use of our Services;
• account, security, billing, and other service-related notifications; and
• important administrative or system messages.

You may unsubscribe from marketing and informational emails at any time by clicking the unsubscribe link included in those emails or under Notifications in your Profile. Please note that certain service-related or administrative communications may still be sent where necessary for the operation of your account or our Services.

We may deliver emails directly or through trusted third-party email service providers that assist us in managing and sending communications on our behalf.

10. Community Content and Acceptable Use

Much of the content published through Free Comments is created and submitted by users and other third parties ("User Content"). We do not create, endorse, verify, or accept responsibility for User Content, and the views expressed in such content are solely those of the individuals who submit it.

We use automated moderation tools, including artificial intelligence systems, to help identify, review, and prevent the publication of content that may be unlawful, harmful, offensive, or otherwise in breach of these Terms. These systems are designed to detect content including, but not limited to, racism, sexism, harassment, abuse, hate speech, sexual exploitation, terrorist content, and other inappropriate material. However, no moderation system is perfect, and we cannot guarantee that all prohibited content will be identified or removed.

By using Free Comments, you agree that you will not post, upload, publish, transmit, or otherwise make available any content that:

• is unlawful, defamatory, threatening, abusive, harassing, hateful, or discriminatory;
• promotes or contains racism, sexism, hate speech, or discrimination against any individual or group;
• contains, promotes, or facilitates sexual exploitation, abuse, or illegal sexual content;
• promotes, glorifies, supports, or encourages terrorism, extremist activities, or violence;
• infringes the rights of any third party; or
• otherwise breaches applicable laws or regulations.

We reserve the right to remove, restrict, or moderate any content and to suspend or terminate access to the Services where we reasonably believe a user has breached these Terms.

11. AI Moderation Disclaimer

Free Comments uses artificial intelligence and other automated technologies to help moderate content submitted through the Services.

While we take reasonable steps to identify and restrict content that may be unlawful, offensive, harmful, or otherwise in breach of these Terms, no moderation system is perfect. Automated moderation may occasionally fail to identify prohibited content, or may incorrectly restrict content that does not breach these Terms.

You acknowledge and agree that:

• AI moderation decisions are generated automatically and may not always be accurate;
• we do not guarantee that all prohibited content will be detected, removed, or prevented from being published;
• we are not responsible for content submitted by users or other third parties; and
• your use of the Services is at your own discretion and risk.

We reserve the right, but are not obliged, to review, moderate, remove, or restrict any content at any time.

12. Suspension and Termination

We may suspend, restrict, or terminate your access to the Services, with or without notice, if we reasonably believe that:

• you have breached these Terms;
• your use of the Services may expose us, our users, or third parties to legal, security, or operational risks;
• you have submitted prohibited content or engaged in abusive behaviour; or
• such action is necessary to comply with applicable laws, regulations, or requests from public authorities.

Upon suspension or termination, your right to access and use the Services will immediately cease. We may remove or disable access to content associated with your account where reasonably necessary.

You may stop using the Services and close your account at any time.

Any provisions of these Terms that by their nature should survive termination shall continue in effect following termination, including provisions relating to intellectual property, liability, indemnity, and dispute resolution.

13. Limitation of Liability

The Services are provided on an "as available" and "as is" basis. To the fullest extent permitted by law, we make no guarantees, warranties, or representations regarding the availability, reliability, accuracy, or performance of the Services.

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

Subject to the above paragraph, we shall not be liable for any indirect, incidental, special, consequential, or punitive loss or damage, including loss of profits, revenue, business opportunities, goodwill, anticipated savings, or data.

Our total aggregate liability arising out of or in connection with the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by you to us during the twelve (12) months immediately preceding the event giving rise to the claim. Where no fees have been paid, our total liability shall not exceed £100.

You acknowledge that the Services include user-generated content and AI-powered moderation features, and that we cannot guarantee the accuracy, completeness, legality, or suitability of any content or moderation outcome.

14. Changes to Terms

We may revise these Terms from time to time. The most current version will always be posted on this page. By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised terms.

15. Indemnity

You agree to indemnify, defend, and hold harmless Free Comments, its owners, directors, employees, contractors, affiliates, and service providers from and against any claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• your use of the Services;
• any content, data, or materials submitted, published, or distributed by you through the Services;
• your breach of these Terms;
• your violation of any applicable law or regulation; or
• your infringement of the rights of any third party, including intellectual property, privacy, or other proprietary rights.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. In such circumstances, you agree to cooperate fully with our reasonable requests in relation to the defence of such matter.

This indemnity shall survive the suspension, termination, or expiration of your account and your use of the Services.

16. Governing Law and Jurisdiction

These Terms and any dispute, claim, or controversy arising out of or in connection with them, their subject matter, or the use of the Services (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute, claim, or controversy arising out of or relating to these Terms or the Services.

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from these Terms and the remaining provisions shall remain in full force and effect.

No failure or delay by us in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy.

17. Contact

If you have any questions about these Terms, please contact us at support@freecomments.io.