Pendo Product Research Feedback Agreement

This FEEDBACK AGREEMENT (this “Agreement”) is entered into between Pendo.io, Inc., a Delaware corporation (“Pendo”, or “We”), and you (“You”, or “Your”) and takes effect on the date that You click “accept” (or similar) to indicate Your acceptance of the terms of this Agreement.

1.   Purpose.
Pendo and You wish to share information and ideas with one another related to Pendo’s products and services (including pre-commercial concepts or versions of such) and Your or Your employers’ business, policies and processes (collectively, the “Research Subjects”). By participating in an interview, demonstration, survey, and/or any correspondence (whether spoken or written) (each a “Research Opportunity”), You agree to provide feedback (including, but not limited to, suggestions, ideas, recommendations, requests, responses, process descriptions, or other related information) to Pendo on the Research Subjects (“Feedback”). Pendo will use and incorporate such Feedback for the purposes of (1) product research and development, and (2) the marketing of Pendo’s products and services (provided however that Feedback will not be attributed to You in any marketing material without Your prior consent) (collectively, the “Purposes”). You acknowledge that the Company may, at its discretion, record, document, or otherwise transcribe the Feedback You provide as part of a Research Opportunity and such records shall be considered part of the Feedback and subject to the same terms of use and confidentiality as outlined in this Agreement. You do not claim ownership or interest in the Feedback passed by You to Pendo and You hereby irrevocably license to Pendo all right(s) to use, share, publish and incorporate Feedback for the development and marketing of any Pendo products and services worldwide without restriction or payment to You.

2.   Confidentiality.
Feedback and all information related to a Research Opportunity, including any information that Pendo discloses to You about its products and services, information in any survey that Pendo provides to You, as well as the existence of this Agreement, is confidential and proprietary information that belongs to Pendo (“Confidential Information”). By participating in a Research Opportunity, You agree that You will: (1) receive and maintain Confidential Information in strict confidence, taking all reasonable measures to protect the discretion of and avoid disclosure or use of Confidential Information in order to prevent it from falling into the public domain or the possession of other persons; and (2) not disclose Confidential Information to any third party or the public. You understand that disclosure of such Confidential Information will cause irreparable harm to Pendo. All Confidential Information is and shall remain the property of Pendo. By disclosing Confidential Information to You, Pendo does not grant any express or implied ownership or warranty rights to You. For the avoidance of doubt, Your participation in the Research Opportunity does not mean You are an employee, representative or agent of Pendo for any purpose.

3.   Recordings and Transcriptions
By participating in interviews or sessions for Feedback purposes, You permit Pendo to capture audio and video recordings of these interactions (“Recordings“). Pendo may also transcribe these Recordings and distribute them, along with the transcriptions, to its affiliates, partners, and service providers. You consent to Pendo using Your image, voice, and statements contained in any Recordings for the Purposes. You waive any claims of ownership or rights in the Recordings and grant Pendo an unrestricted, worldwide license to use and share the Recordings for development of any Pendo products and services. You acknowledge that you are not entitled to any form of compensation, credit, or rights in relation to the Recordings.

4.   Unsubscribe and/or Revoke Participation.
At any time You can choose to revoke Your participation in a Research Opportunity and stop receiving email communications from Pendo about a Research Opportunity by emailing ([email protected]). Please note, however, that if you are a Pendo customer, then revoking Your participation in or unsubscribing from related email communications for a Research Opportunity will not unsubscribe You from receiving messages regarding Your Pendo account, such as Pendo account verification, changes or updates to features of Your Pendo account, or technical and security notices related to Your Pendo account.

5.   Privacy
Your privacy is important to Pendo. Please take a moment to read Pendo’s Privacy Policy (https://www.pendo.io/legal/privacy-policy/) for more information regarding how We treat Your personal data and protect Your privacy.

6.   Compensation
You may be eligible for compensation or incentives as determined by Pendo in its sole discretion. Details of any compensation will be communicated to You prior to Your participation in a Research Opportunity and will be subject to Your compliance with the terms of this Agreement and completion of the Research Opportunity.

7.   Responsibilities
Pendo shall not be responsible for any damages arising from Your acts or omissions while participating in a Research Opportunity. You will be responsible to Pendo, and make Pendo whole, for any losses Pendo incurs because of Your acts and omissions in connection with such participation.

The laws of the State of North Carolina, United States of America, shall govern this Agreement excluding that body of law known as choice of law, and shall be binding upon the parties hereto in the United States and worldwide.

You confirm that You understand, have read and agree to the above terms and conditions, You voluntarily agree to participate in a Research Opportunity, and Your participation, and acceptance of any compensation or incentives provided by Pendo in conjunction with a Research Opportunity, is in compliance with all applicable conflict of interest laws, regulations, and rules of Your employer, as well as with Your employer’s Code of Conduct and any employment or similar agreements You may have with Your employer. You understand that You can opt out of a Research Opportunity at Your convenience. If You have any questions about these terms and conditions, You can contact Pendo at [email protected].