By accessing or using Could Have Been an Email (“Service,” “Platform,” “we,” “us,” or “our”), you agree to be bound by these Terms & Conditions (“Terms”). If you disagree with any part of these Terms, you may not access or use the Service.
These Terms apply to all users of the Service, including:
Could Have Been an Email is a meeting feedback platform that enables anonymous surveys to help organizations identify meetings that could have been more efficient. The Service:
The Service is designed to facilitate honest workplace feedback. We do not control how survey results are interpreted or acted upon by recipients.
You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you are at least 18 years of age.
If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
The Service is operated from the United States. We make no claims that the Service is accessible or appropriate for use in all locations. Users accessing the Service from other jurisdictions do so at their own initiative and are responsible for compliance with local laws.
Basic use of the Service does not require creating an account. Survey creators verify their identity through email confirmation links.
Pro and Teams subscriptions require account creation. You agree to:
We reserve the right to suspend or terminate accounts that violate these Terms or contain inaccurate information.
We reserve the right to modify tier features, limitations, and pricing with reasonable notice to affected users.
You may use the Service to:
You agree NOT to use the Service to:
Harassment and Abuse
Fraud and Misrepresentation
System Abuse
Legal Violations
Commercial Misuse
We reserve the right to investigate violations and take appropriate action, including suspending or terminating access, removing content, and reporting to law enforcement where appropriate.
As a Survey Creator, you acknowledge and agree that:
You will only create surveys about meetings with a legitimate feedback purpose. The Service is not intended for general polling, market research, or purposes unrelated to meeting effectiveness.
You will provide accurate meeting information and only include actual meeting attendees in your surveys.
While we provide opt-out mechanisms for survey recipients, you acknowledge that adding someone to a survey sends them unsolicited email. You should have a reasonable basis to believe recipients would want to receive feedback requests about the meeting.
You understand that survey results reflect anonymous opinions and may not be representative of all attendees. You agree not to use results to retaliate against individuals or make assumptions about who provided specific feedback.
If using the Service in a workplace context, you are responsible for ensuring compliance with your organization’s policies regarding employee feedback and communications.
As a Survey Respondent, you have the right to:
Your individual responses are processed through one-way cryptographic hashing before storage. We cannot identify which responses belong to which individuals.
You may opt out of all future survey invitations from the Platform at any time. Opt-out links are included in every email we send.
You may request information about what personal data we have stored about you (limited to email address and participation records, not survey responses which cannot be identified).
You are never required to respond to any survey. Non-response is not reported to survey creators.
The Service, including its original content, features, functionality, and underlying technology, is owned by Could Have Been an Email and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Our trademarks, service marks, and logos may not be used in connection with any product or service without prior written consent.
You retain ownership of any content you submit to the Service, including survey questions (for custom surveys, if applicable) and responses. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and store that content as necessary to provide the Service.
If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without restriction or compensation to you.
We may use fully anonymized, aggregate data derived from Service usage for research, benchmarking, and service improvement. Such aggregate data contains no personally identifiable information and cannot be traced to individuals or specific organizations.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at https://couldhavebeenanemail.com/privacy-policy/Â to understand our data collection and use practices.
Key privacy commitments include:
Pro and Teams subscriptions are billed on a recurring basis (monthly or annually, as selected). You authorize us to charge your payment method for the subscription fee plus any applicable taxes.
Payments are processed by Stripe. We do not store complete payment card information. Your use of Stripe is subject to Stripe’s terms of service.
We may change subscription prices with at least 30 days’ notice. Price changes will take effect at the start of the next billing period following the notice.
Subscription fees are generally non-refundable. However, we may provide refunds or credits at our sole discretion, particularly in cases of Service unavailability or billing errors.
You may cancel your subscription at any time. Cancellation will take effect at the end of the current billing period. You will retain access to paid features until the end of the period for which you have paid.
If payment fails, we may suspend access to paid features until payment is successfully processed. We will attempt to notify you of payment failures and provide an opportunity to update payment information before suspension.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that:
WE ARE NOT RESPONSIBLE FOR ANY WORKPLACE DECISIONS, ACTIONS, OR OUTCOMES THAT RESULT FROM SURVEY FEEDBACK. The Service provides a mechanism for collecting anonymous feedback; how that feedback is interpreted and acted upon is solely the responsibility of the users involved.
The Service integrates with third-party services (email delivery, payment processing, hosting). We are not responsible for the availability, accuracy, or practices of these third-party services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COULD HAVE BEEN AN EMAIL, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to defend, indemnify, and hold harmless Could Have Been an Email and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
You may stop using the Service at any time. For Pro and Teams accounts, you may cancel your subscription through your account settings or by contacting us.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including without limitation:
Upon termination:
We shall not be liable to you or any third party for any termination of your access to the Service.
Before filing a claim, you agree to try to resolve the dispute informally by contacting us. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or we may pursue formal resolution.
Any dispute arising from these Terms or the Service that cannot be resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association’s rules. The arbitration shall be conducted in Charlotte, North Carolina, unless you and we agree otherwise.
YOU AND COULD HAVE BEEN AN EMAIL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
You may opt out of this arbitration agreement by sending written notice to us within 30 days of first using the Service. If you opt out, disputes will be resolved in the state or federal courts located in Mecklenburg County, North Carolina.
These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict of law provisions.
We reserve the right to modify these Terms at any time. We will provide notice of material changes by:
Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.
For material changes that significantly affect your rights or obligations, we will provide at least 30 days’ notice before the changes take effect.
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Could Have Been an Email regarding the Service and supersede all prior agreements and understandings.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by us.
You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and us.
The section headings in these Terms are for convenience only and have no legal or contractual effect.
We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, strikes, or failures of third-party services.
If you have questions about these Terms, please contact us:
Could Have Been an Email
Charlotte, North Carolina, United States
Website: https://couldhavebeenanemail.com
For legal notices, please send correspondence to the above address with “Legal Notice” in the subject line.
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS & CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICE.
