1. DEFINITIONS
User – an individual, legal entity, or administrative unit that has completed the registration procedure, gained access, and uses the System.
Company – 7 Points Ltd., with the office in Warsaw, 36/112b KEN Av., 02-797 Warsaw, Poland, KRS 0000346482, NIP 9512300477, the owner of surveylab.com.
System – 1). an online service, available at the web address www.surveylab.com owned by the Company. 2). computer software; data backup software; database; project documentation; promotional materials; a hard and soft copy of the User and administrator documentation.
Login – a unique signature that identifies the User in the System.
Password – the sequence of characters chosen by the User in order to secure access to the System.
Term of Use – this document by which the User has to abide in using the System. Terms of use constitute a contract between the User and the Company to use the System. By accessing and using the System, the User accepts this Terms of Use.
2. TECHNICAL REQUIREMENTS
- To use the System User will need a computer with access to the Internet, web browser, and email account.
3. USER ACCOUNT, PASSWORD, AND SECURITY
- During the registration process, the User will be asked to select the login and password. If login is already taken, the User will be asked to select another login.
- The User is obliged to keep login and password safe and secure at all times. It is forbidden to use the login of any other User and to allow access to or transfer login to any other User. The User is responsible for all and any actions performed with own login and/or password.
- The User is obliged to immediately notify the Company of any unauthorized use or attempt to use of own login and/or password.
- The User is obliged to ensure to correctly sign out from the System each time the User finished to use the System.
- The User is obliged to update the contact and invoice data each time it changes.
4. CODE OF CONDUCT
- The User is solely and entirely responsible for all and any content the User uploads, enters, stores, or distributes through the System.
- The Company does not monitor and control the content distributed by the Users through the System and as such, does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances Company will be held liable in any way for any Content, including, but not limited to liability for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available by the User via the System.
- The User is not allowed to destroy, block, crack, hack, or copy the System or its parts.
- Any actions aiming to destabilize or obstruct the System are illegal. Company will immediately block the account of any User who acts against the System and pursues necessary legal actions against such a User.
- All actions that are intended to destabilize the System are illegal. The company will cooperate with relevant authorities in prosecuting any User who interferes with the System, attempts to defraud Company assets, or tries to steal the data that belongs to the Company or to the System Users.
- The User agrees not to use the System to:
- upload, enter, store, or distribute any content that is offensive, unlawful, vulgar, racist, non-ethical, or invasive in any way or form.
- harm or discriminate minorities in any way.
- act against any person, organization, or company.
- distribute the content that is owned by other parties (like other companies’ internal materials, or other).
- use the System for purposes that violate patents, trademarks, copyrights, disclose other company confidential materials, or any rights of other people, corporations, or organizations.
- distribute, post, or email any unauthorized advertising, promotional materials, „spam”, “junk email” or any other form of solicitation.
- interfere with the System or any applications or software connected to the System.
- intentionally or unintentionally violate any local, national, or international laws and regulatory requirements, including European Union law or any valid legal regulations.
- Company will block or delete the account of the User who acts against the System or this Terms of Use, particularly if the User creates an account with false data, uses the System for the purpose of spamming, advertising of competitive services, or if the User uses offensive language.
- The User whose account has been blocked cannot re-register without the permission of the Company.
5. PAYMENTS & INVOICES
- The User agrees to pay all and any charges under this contract that are connected with the usage of the System by the User, including all and any applicable taxes (other than Company income tax) or charges imposed by any government entity at any time.
- The User agrees to receive invoices without the signature of the issuer by electronic means.
- The User can opt-out of the service within 30 days, without giving a reason.
- System access service is billed on a subscription basis. It means that the User subscription will automatically renew at the end of each billing cycle. The billing cycle depends on the User’s choice and can last one month, one quarter, or one year. User can cancel auto-renewal any time. In this case, the subscription will terminate at the end of the billing cycle.
- Automatic payments are processed by PayPal (Europe) S.à r.l. & Cie, S.C.A with seat in Luxemburg, L-1150 and Stripe Inc., 510 Townsend Street, San Francisco, A 94103, USA.
6. SYSTEM MODIFICATIONS
- The Company can at any time publish the new version of the System, update and/or modify its current version, temporarily or permanently close the System or its part. Users will be informed about introduced changes by the Company web page (especially blog) and/or email.
- The Company is periodically updating System and adding new functionalities. The User accepts that due to this fact, the System may contain errors, inaccuracies, may lack translations, or can be periodically unavailable All errors will be corrected by the Company as they will be identified.
- Discontinuity of service longer than 48 h caused by the Company will entitle User to request a monthly fee decrease by the value equal to the number of hours during which the System was not available divided by 720.
- The User accepts that the Company can permanently remove the accounts that are inactive for a period of 12 months or more.
7. COPYRIGHTS AND INTELLECTUAL PROPERTY RIGHTS
- The System, online help system, trademarks, logos, graphic and multimedia materials, survey templates are the property of the Company and/or its suppliers and may be protected by applicable copyright or other intellectual property laws and/or treaties.
- The content of Users’ accounts, including surveys created by the User, graphic or multimedia files, and contacts stored on the User account are the property of the User. The User declares that the content is stored on the account.
- It is forbidden to use the System in a way that is against this Terms of Use.
8. LINKS TO THE THIRD PARTIES AND ADVERTISERS
- The Company may provide in-System links and pointers to Websites maintained by third parties.
- The Company makes no claims or representation about any Website that does not remain under Company control and which the User may access from the System, by link, or any other means.
- The Company does not control in any respect any information, products, or services offered or suggested by third parties on the websites. The Company does not endorse or otherwise warrant or guarantee the products or services that are either advertised on the site or connected by a link.
9. LIABILITY DISCLAIMER
- System may include inaccuracies or errors. Changes are made periodically to the System and to the information contained therein. Company and its suppliers may introduce improvements and/or changes in the System at any time. Users will be informed about introduced changes by Company web page (especially blog) and/or email.
- Company is not responsible for any materials or content stored or distributed by the Users or any third party using the System.
- Company is not liable for any content stored or distributed by the Users that is vulgar, illegal, unlawful, threatening, or in any way violates other people’s rights.
- In no event Company will be liable for any losses or damages, caused by the improper use of the System by the User, particularly by disclosing User passwords by the User, disclosing personal data by the User, or caused by the improper or wrong use of the System.
- If for any reason, the court of competent jurisdiction finds any paragraph or portion of this Terms of Use to be unenforceable, the remainder of this Terms of Use will continue in full force and effect.
10. CLAIMS
- All User claims should be sent on paper to the Company address or to [email protected] email address.
- All claims should contain a detailed issue description, User login, name, surname, and User email address.
- Company will review the claim in fourteen (14) days, counting from the day when the claim was received. If additional information will be required fourteen (14) days period will be counted from the day of receiving this information.
- Answers on received claims are sent only to the User’s email address.
11. PRIVACY
- Privacy Policy constitutes a part and parcel of this Terms of Use and is attached to this document (Appendix 1). Acceptance of this Terms of Use means acceptance of the Privacy Policy. The Company may disclose the User data if it is required by the law.
- Acceptance of this Terms of Use means that the User accepts that the data will be stored in the Company database and proceeded for the purposes of execution of this Terms of Use. The User declares that the entered/collected data is real and takes full responsibility for providing false or untrue data during the registration.
- The User accepts that providing personal data is voluntary and can view and correct provided data at any time. The company provides data protection in accordance with regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
12. FINAL PROVISIONS
- The company can change the Terms of Use and Pricing (https://www.surveylab.com/pricing/) Changes in pricing don’t affect already purchased services.
- Changes described above are applicable within a day of publishing them on the System web page.
- Terms of use are applied with 12.01.2022.
13. APPENDIXES
Appendix 1. Privacy Policy
Appendix 2. Anti-spam Policy
Appendix 3. Survey Panel Terms of Use
Version: 12.01.2022