1. Acceptance of these Terms

These Terms of Service ("Terms") govern your access to and use of agayacloud.com and TrueSignal, the post-purchase survey platform we build and operate (together, the "Service"). By using agayacloud.com, joining our waiting list, becoming a Founding Partner, or signing up for a TrueSignal subscription, you agree to these Terms. If you don't agree, please don't use the Service.

2. Who we are

"Agaya Cloud" ("we", "us", "our") is the name under which TrueSignal is developed and operated from Madeira, Portugal. Agaya Cloud is currently in the process of formal company registration; these Terms will be updated with our registered company name and number once that is complete.

Contact: hello@agayacloud.com

3. Definitions

"Customer", "you", "your" - the business that signs up for or uses TrueSignal.
"Survey Respondent" - a Customer's own end-customer who receives and responds to a TrueSignal survey.
"Order Form" - the signup flow, order, or contract referencing a specific Subscription Plan, its price, and its term.
"Subscription Plan" - one of the TrueSignal plans described in Section 7.

4. Eligibility

TrueSignal is a business-to-business product and is not intended for consumer or household use. By using the Service, you confirm that you are at least 18 years old, acting on behalf of a business, and authorised to bind that business to these Terms, and that the information you provide us is accurate.

5. The Service

TrueSignal helps brands understand what happens after delivery through delivery-triggered, branded post-purchase surveys, unique per-order access codes, and an insights dashboard. We may add, change, or retire features over time as the product evolves; where a change materially reduces a paid plan's functionality, we'll provide reasonable notice.

6. Accounts

You're responsible for maintaining the confidentiality of your account credentials and for all activity that happens under your account. Let us know immediately at hello@agayacloud.com if you suspect unauthorised use of your account.

7. Subscription plans, fees & billing

TrueSignal is offered on several Subscription Plans (currently Free, Starter, Growth, Scale, and a custom Enterprise plan), each with its own included brands, monthly survey volume, tracked products, team seats, and active surveys/campaigns. Paid plans can be billed monthly or annually (annual billing at a discounted rate versus paying monthly). We support billing in EUR, GBP, and USD, at the same numeric price regardless of the currency you choose; applicable taxes (such as VAT) are added where required by law.

Current pricing and plan limits are shown to you at signup/checkout and in your Order Form, and are incorporated into these Terms by reference. Fees are billed in advance for each billing period and, unless stated otherwise in your Order Form, subscriptions renew automatically for successive periods of the same length until cancelled.

8. Usage limits

Each Subscription Plan includes limits on things like monthly survey responses, tracked products, team seats, and active surveys or campaigns. If you exceed the limits included in your plan, we'll let you know and may ask you to upgrade to a higher plan to continue at that level of usage; we don't apply automatic overage charges unless expressly agreed in your Order Form.

9. Refunds & cancellation

You can cancel a monthly plan at any time, effective at the end of the current billing period; annual plans include a 14-day money-back guarantee on your first purchase. Full details on refunds, cancellations, downgrades, and billing errors are set out in our Refund Policy, which forms part of these Terms.

10. Changes to plans & pricing

We may change our plans, features, or pricing over time. For existing subscribers, we'll give at least 30 days' notice of a price increase or a material reduction in plan features before it applies to your next renewal. Continuing to use TrueSignal after a change takes effect means you accept it.

11. Customer data & privacy

You retain ownership of your own data and of the data belonging to your Survey Respondents. When TrueSignal processes your Survey Respondents' personal data (such as order codes and survey answers), we do so as a data processor acting on your instructions, under a Data Processing Agreement - see our Privacy Policy for more detail on our role, the data involved, and where it's hosted. You're responsible for having a lawful basis to survey your own customers and for the accuracy of any data you provide to us.

12. Intellectual property

We (and our licensors) own all rights, title, and interest in the TrueSignal platform, software, and branding. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable licence to access and use TrueSignal for your internal business purposes during your subscription term. You retain all rights in your own data, content, and trademarks. If you send us feedback or suggestions, you agree we can use them without any obligation to you.

13. Acceptable use

You agree not to:

Use the Service for any unlawful purpose or in breach of applicable law;
Reverse engineer, decompile, or attempt to extract the source code of TrueSignal;
Resell, sublicense, or provide access to TrueSignal to third parties without our written consent;
Attempt to disrupt, security-test, or gain unauthorised access to the Service; or
Upload or send survey content that is illegal, infringing, or deceptive.

14. Third-party integrations

TrueSignal integrates with third-party platforms (such as Shopify). You're responsible for your own accounts on those platforms and for complying with their terms. We aren't responsible for outages, changes, or actions of third-party platforms outside our control.

15. Service availability & support

We aim to keep TrueSignal available and provide reasonable email support at hello@agayacloud.com. We don't guarantee uninterrupted or error-free operation, and may carry out maintenance with reasonable notice where practical. Specific uptime or support commitments, where agreed, are set out in an Enterprise Order Form.

16. Disclaimers

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

17. Limitation of liability

To the maximum extent permitted by applicable law, we won't be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill, arising from or related to your use of the Service, even if we've been advised of the possibility of such damages. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

18. Indemnification

You agree to indemnify us against claims, damages, and expenses arising from your misuse of the Service, breach of these Terms, or violation of applicable law. We agree to indemnify you against third-party claims that the TrueSignal platform itself infringes that third party's intellectual property rights, subject to you promptly notifying us and allowing us to control the defence.

19. Term & termination

These Terms apply from when you first use the Service until your subscription ends. You can cancel at any time as described in Section 9. We may suspend or terminate your access for breach of these Terms - including non-payment or unlawful use - and will give notice and a reasonable opportunity to fix the issue where practical. After termination, we'll make your data available for export for 30 days, after which it will be deleted in line with our Privacy Policy.

20. Governing law & disputes

These Terms are governed by the laws of Portugal, without regard to conflict-of-law rules. Any dispute arising from these Terms or the Service will be subject to the exclusive jurisdiction of the competent courts of Portugal.

21. Changes to these Terms

We may update these Terms from time to time. We'll update the "Last updated" date above when we do, and for active subscribers we'll give reasonable notice (e.g. by email) before a material change takes effect.

22. Miscellaneous

These Terms, together with any Order Form, Data Processing Agreement, and our Privacy Policy, form the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the rest remains in effect. We may assign these Terms in connection with a merger, acquisition, or sale of assets; you may not assign them without our consent. Neither party is liable for delays caused by events outside its reasonable control.

23. Contact

Questions about these Terms? Email hello@agayacloud.com.