Terms of Service

1. Who we are

Critical 360 is provided by Critical Media Ltd, a company registered in England and Wales (company no. 6582022), registered in Bournemouth, Dorset (“we”, “us”). You can reach us at [email protected].

2. These terms

By accessing the website or using the platform, you agree to these terms. Where you enter a paid subscription, these terms apply together with your order and our Data Processing Agreement. If there is any conflict, a signed written agreement between us takes precedence, then your order, then these terms.

3. The service

Critical 360 is a hosted (software-as-a-service) platform for running 360° feedback and appraisal cycles. We provide it on a subscription basis according to the plan you select. We may improve or modify features over time; we will not materially reduce core functionality of a paid plan during your subscription term without notice.

4. Accounts and acceptable use

You are responsible for keeping account credentials secure and for activity under your account. You agree not to:

• use the service unlawfully, or to store or transmit unlawful, infringing or harmful content;
• attempt to gain unauthorised access to the service, other customers’ data, or our systems;
• probe, scan, disrupt or overload the service, or circumvent its security or usage limits;
• resell or provide the service to third parties except as expressly permitted in your plan.

5. Subscriptions, fees and renewals

• Fees are as stated on your order or plan. Unless agreed otherwise, subscriptions renew automatically at the end of each term.
• Card subscriptions are billed in advance via our payment provider. Public-sector and other invoiced customers are billed by invoice on the agreed terms (for example, 30 days).
• Prices exclude VAT, which is added where applicable.
• You can cancel renewal before the next term begins; fees already paid are non-refundable except where required by law or expressly agreed.

6. Your data

You (or your organisation) retain ownership of the data you put into the platform. We process personal data within it on your behalf as described in our Privacy Policy and Data Processing Agreement. You are responsible for having a lawful basis to collect the feedback data you gather and for informing your participants appropriately.

7. Availability and support

We aim to provide a reliable, well-supported service and to keep the platform available, but we do not guarantee uninterrupted access. Planned maintenance and specific service levels, where offered, are described in your plan or order.

8. Intellectual property

The platform, website, and all associated software, design and content (excluding your data) are owned by Critical Media Ltd or its licensors. We grant you a non-exclusive, non-transferable right to use the service for your internal business purposes during your subscription. “Critical 360” and “Critical Media” are our trading names.

9. Confidentiality

Each party will keep the other’s confidential information confidential and use it only to perform under these terms.

10. Liability

Nothing in these terms limits liability that cannot be limited by law (including for death or personal injury caused by negligence, or for fraud). Subject to that, we are not liable for indirect or consequential loss, or for loss of profits, revenue or goodwill; and our total liability arising out of or in connection with the service is limited to the fees you paid in the 12 months before the event giving rise to the claim. We provide the website “as is”; the platform is provided under the commitments in your plan and these terms.

11. Suspension and termination

We may suspend or terminate access for material breach of these terms (including non-payment) or where required by law. On termination, your right to use the service ends and we handle your data as set out in the Data Processing Agreement.

12. Changes

We may update these terms from time to time. For material changes affecting paid subscriptions, we will give reasonable notice. Continued use after changes take effect constitutes acceptance.

13. Governing law

These terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

14. Contact

Questions about these terms? Email [email protected].