Terms of Use
This Agreement governs your acquisition and use of our services. By accepting this Agreement, either by registering on Our platform (https://eu.surveymars.com) or by clicking a box indicating your acceptance or by executing an order form or any other documentation that references this Agreement or by using the services, you agree to the terms of this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the services. If you register for a free plan or trial of our services, the applicable provisions of this Agreement shall govern the same.
Our Customers
Our paid Services are built for, and intended for purchase and use by sole practitioners, entities and organizations for business and professional purposes. When using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such cases, "you" and "your" will refer to that organization.
1. Fees and Payments
1.1 Fees for Services
You agree to pay us for our Services and these payments are non-refundable.
You agree to pay SurveyMars any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service at the time of your purchase and such fees may be updated from time to time in accordance with Section 1.4 below. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify SurveyMars of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law (see Section 11 for more information).
1.2 Subscriptions
For some of our paid Services, we bill automatically on a recurring billing interval, such as a monthly or annual basis. You may disable auto-renewal on your account or cancel your Subscription at any time.
Some of our Services are billed on a subscription basis (we call these "Subscriptions"). This means that you will be billed in advance on a recurring, periodic basis (each period is called a "billing cycle"). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. We will send you an auto-renewal reminder notification in advance of each renewal date to inform you of the upcoming charge: for monthly subscription plans, the reminder will be delivered 3 calendar days prior to the end of the current billing cycle; for annual subscription plans, the reminder will be delivered 1 calendar month prior to the end of the current billing cycle. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. YOU MAY CANCEL AUTO-RENEWAL ON YOUR SUBSCRIPTION AT ANY TIME, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE UNTIL THE END OF THAT BILLING CYCLE BEFORE TERMINATING.
When you cancel your Subscription, you will be able to access the Service until the end of that billing cycle. Thereafter, you will no longer have access to the Service for that Subscription. Where you no longer have an active Subscription, your account becomes a SurveyMars Basic (free) plan.
1.3 Taxes
Taxes are your responsibility. If you are exempt from paying taxes, please send us proof and we will adjust your account accordingly.
Our prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature such as value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, "Taxes") unless otherwise indicated or required by applicable law. You are responsible for paying Taxes associated with your purchase and keeping your billing information up to date.
(a) United States Sales Tax. If we have a legal obligation to pay or collect sales tax for which you are responsible, we will calculate the sales tax based upon the billing information we have about you and charge you that amount (which, if your billing information is incomplete or inaccurate, may be the highest prevailing rate then in effect), unless you timely provide us with a valid tax exemption certificate acceptable to the appropriate taxing authority.
To be timely, you must provide us with a tax exemption certificate before your initial purchase or upgrade, or, if you miss that mark, within 90 days after such purchase or upgrade, unless your billing information is in Alabama, Louisiana, Maine, Massachusetts, Pennsylvania, or South Carolina in which case within 60 days; or if in Hawaii, Mississippi, or New Mexico within 45 days.
If you provide us with a tax exemption certificate, you represent and warrant that it accurately reflects your tax status and that you will keep such document current and accurate.
If we have collected sales tax from you and subsequently determine in our sole discretion that your tax exemption certificate is valid, we will refund the sales tax collected based on applicable state tax laws.
(b) Non-United States Sales Tax. If applicable, we will charge you VAT, GST or any other sales, consumption or use taxes that arise in connection with your purchases of SurveyMars Services unless you provide us with a tax identification number that entitles you to an exemption, a valid tax exemption certificate or other documentary proof issued by an appropriate taxing authority that tax should not be charged. We will send notifications to prompt you to complete or correct your incomplete, missing or inaccurate billing and tax-related information. If you fail to update your billing information after receiving such reminder, and you are located in a jurisdiction with multiple sales, consumption or use taxes, we may charge you the highest prevailing rate.
If you are required by law to withhold any Taxes from your payments to SurveyMars, you must provide SurveyMars with an official tax receipt or other appropriate documentation to support such payments.
1.4 Price Changes
Changes in fees will only be effective at the end of a current billing cycle of your Subscription and we will provide you with notice. If you don't agree to the fee change, you may cancel your Subscription before the change takes effect.
SurveyMars may change the fees charged to you for the Services at any time, provided that, for Subscriptions, the change will become effective only at the end of the then-current billing cycle of your Subscription. SurveyMars will provide you with advance notice to review any change in fees. If you do not agree to the change in fees, you may cancel your Subscription before the change takes effect. See Section 1.2 for canceling your Subscription.
1.5 Response Overage Fees
Each Subscription has a set limit of survey responses. If you exceed your paid Subscription response limit within a billing cycle, you must pay the corresponding overage fees prior to further usage.
2. Privacy
You can trust us with your Content, which includes your personal data. Check out our Privacy Notice and Data Processing Agreement to learn more about how we treat and protect your data.
2.1 Privacy
We know that by giving us your Content (as defined below), you are trusting us to treat it appropriately. SurveyMars's Privacy Notice, together with any Service-specific privacy notices or statements (collectively, "SurveyMars privacy notices"), detail how we treat your Content (as defined below) that is considered Personal Data (as defined in our Data Processing Agreement) and we agree to adhere to those SurveyMars privacy notices. You in turn agree that SurveyMars may use and share your Content in accordance with the SurveyMars privacy notices and applicable data protection laws. You also agree that you are responsible for notifying these third parties about the SurveyMars privacy notices. Our Data Processing Agreement also apply to and are supplemental to these Terms. Where there is a conflict between the Data Processing Agreement and these Terms, the Data Processing Agreement will prevail except with respect to Exclusion and Limitation of Liability where these Terms will prevail.
2.2 Confidentiality
We keep your content confidential except in limited circumstances.
SurveyMars will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the SurveyMars privacy notices). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through a breach of these Terms by SurveyMars, or instances where you choose to set it as public information); (b) was lawfully known to SurveyMars before receiving it from you; (c) is received by SurveyMars from a third party without knowledge of breach of any obligation owed to you; (d) is shared in the context of your account being identified by you as a business owned account or migrated to an organization's Enterprise account, if your account is registered using a work email address within that organization; or (e) was independently developed by SurveyMars without reference to your Content. SurveyMars may disclose your Content when required by law or legal process, but only after SurveyMars, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.
2.3 Security
The security of the data processed by SurveyMars is a top priority. We follow industry security standards, and we will notify you if a Security Incident impacts your account.
SurveyMars will store and process your Content in a manner consistent with industry security standards. SurveyMars has implemented appropriate technical, organizational, and administrative systems, policies, and procedures.
If SurveyMars becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, Personal Data, as that term is defined in our Data Processing Agreement, related to your account ("Security Incident"), SurveyMars will take reasonable steps to notify you without undue delay. Such notification shall not be interpreted or construed as an admission of fault or liability by SurveyMars. A Security Incident does not include unsuccessful attempts or activities that do not compromise the security of Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, or other network attacks on firewalls or networked systems. SurveyMars will also reasonably cooperate with you with respect to any investigations relating to a Security Incident, any required notices, and providing information reasonably requested by you and available to us in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by SurveyMars.
3. Your Content
When you use our Services, you keep what is yours and allow us to use it only as necessary to continue providing and improving our Services as stated in our privacy notices.
3.1 You Retain Ownership of Your Content
In the course of using the Services, you may submit content to SurveyMars (including your Personal Data and the Personal Data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your "Content"). You retain ownership of all of your intellectual property rights in your Content. SurveyMars does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited license described in these Terms.
3.2 Limited License to Your Content
You grant SurveyMars a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing and improving the Services and as permitted by the SurveyMars privacy notices. Where permitted under applicable law, this license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of SurveyMars's business (subject to our retention policies). This license also extends to any trusted third parties we work with to the extent necessary to provide and improve the Services.
3.3 Representations and Warranties
You represent and warrant that: (a) you own or control the appropriate rights in and to your Content, including any intellectual property owned by third parties; and (b) you will not submit, upload, or otherwise make available via the Services, any Content or materials that are in breach of our Acceptable Uses Policy.
3.4 Responsibility for Your Content
You are responsible for your Content. We are not responsible for what you do with your Content and may refuse to display your Content if we think it is illegal or violates our Terms.
The Services may display content not owned by SurveyMars but by others. The entity that makes such content available is responsible for it. SurveyMars does not represent or warrant that it has reviewed such third party content and/or the accuracy of the information contained in such content. You are responsible for your Content, and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. SurveyMars is not responsible for any actions you take with respect to your Content, including sharing it publicly. Subject to applicable law, SurveyMars is not liable for your Content, any other third-party content or materials, or any loss or damage resulting from your use of, or reliance on, such Content or other third-party content or materials.
You acknowledge and agree that, to ensure compliance with legal obligations and SurveyMars's Acceptable Uses Policy, SurveyMars may review Content you submit to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also, in accordance with applicable law, modify, prevent access to, delete, or refuse to display your Content that we believe violates the law or these Terms. In the event your Content includes third-party brands, logos or other source identifiers, we may require you to submit a statement of non-affiliation before you may use such Content in connection with the Services. However, SurveyMars otherwise has no obligation to monitor or review any content submitted to the Services.
4. IP Claims
4.1 DMCA Notices or Equivalents
SurveyMars responds to notices of alleged copyright infringement in accordance with the equivalent applicable laws and regulations. If you believe that your work has been exploited in a way that constitutes copyright infringement, you may notify our agent for claims of copyright infringement.
4.2 Other IP Claims
If you believe a SurveyMars user is infringing on your intellectual property rights, you may report it through our online customer service or email address. Claims of copyright infringement should follow the process outlined in these Terms, or any equivalent process available under local law.
5. SurveyMars IP
The intellectual property rights (including but not limited to copyrights, trademarks, patents, trade secrets, etc.) and related rights in the content (including but not limited to software, technology, programs, web pages, text, pictures, images, audio, video, graphics, layout, electronic documents, etc.) provided by us on the SurveyMars Platform website and related services belong to us. Without our written permission, no one may implement, use, transfer (including but not limited to copying, distributing, renting, exhibiting, broadcasting, disseminating, adapting, translating, compiling, displaying) the above intellectual property rights for any commercial or non-commercial purposes.
What's ours is ours, including any feedback you may submit to us.
Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). Except as permitted by our Brand and Trademark Use Policy, these Terms do not grant you any right to use SurveyMars's trademarks or other brand elements.
If you submit any feedback or suggestions to us regarding our Services, we may use and share them for any purpose without any compensation or obligation to you.
6. Third Party Resources
SurveyMars may publish links in its Services to internet websites maintained by third parties.
SurveyMars does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
7. Account Management
We work hard to keep your account secure. You need to create a customer account with a secure password to use our Services. Don't share passwords.
7.1 Keep Your Password Secure
When you register for SurveyMars, you must have a valid and legal email address to receive email notifications from us; and you can only register for one account; You ensure that the information you fill in and provide when you register an account are true, accurate and complete, and you should keep your user information updated in a timely manner to reflect the latest situation, otherwise we have the right to suspend or terminate your registered account and delete your information, and refuse to provide you with services;
After completing the registration procedure on our platform, you are granted all access to the registered account.When you register for an account, you will choose your username and password for your account. Please keep your password safe to keep your account secure. Please make sure that you leave the website at the end of each online period with the correct steps. You will bear the losses and risks caused by your failure to keep your password properly.
You will be responsible for all activities under your registered account. You may not gift, borrow, rent, transfer or sell a SurveyMars Account or otherwise permit a non-initial applicant to use a SurveyMars Account without SurveyMars's permission. You must notify us immediately if you become aware of any unauthorized use of your account and password, or any other breach of the rules; Any operation or instruction made using your account and password is deemed to be made by you. If the account, password and other information are fraudulently used, stolen or illegally used due to your own reasons, you shall bear the risks and losses caused thereby.
7.2 Keep Your Email and Account Details Accurate
SurveyMars occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. You warrant the accuracy of your account details.
7.3 Remember to Backup
You are responsible for maintaining, protecting, and making backups of your Content. To the maximum extent permitted by applicable law, SurveyMars will not be liable for any failure to store, or for loss or corruption of, your Content.
7.4 No warranty terms
SurveyMars will make every effort to make your use of the Services easier and smoother, but SurveyMars only provides software and technical services, which may result in data loss or service interruption due to the unforeseeable nature of technical problems and difficulties; To this end, you understand and agree that the Services are provided on an "as is" and "as available" basis, and we expressly disclaim any form of warranty, and the following risks shall be borne by you: (a) the system may be interrupted or errors due to network or other reasons; (b) The results of the questionnaire may not accurately reflect the real situation or even deviate; (c) the quality of any third-party products, services, materials or other materials purchased or obtained by you through the Services may not meet your expectations; (d) the security of any third-party websites you link to through the Service may be at risk; (e) Other third parties may collect and use your personal information through the Service; (f) any material you download or otherwise obtain may be at risk; (g) Other business risks and other risks unrelated to the software technology services provided by us.
8. User Requirements
You can use our Services as long as you meet certain requirements. For example, you cannot use our Services if you are considered a minor in your home country.
8.1 Legal Status
If you are an individual, you may only use the Services if you have the power to form a contract with SurveyMars. If you do not have the power to form a contract, you may not use the Services. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.
8.2 Minors
"Minors" are individuals under the age of 16 (or under a higher age as provided in certain countries and territories). None of the Services are intended for use by Minors. If you are a Minor in your place of residence, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.
8.3 Embargoes
You may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving the Services or you are on the U.S. Department of Commerce's Denied Persons List or Entity List or the U.S. Treasury Department's list of Specially Designated Nationals, you are not permitted to use and/or purchase any paid Services from SurveyMars. You will ensure that: (a) your end users do not use the Services in violation of any export restriction or embargo by the United States; and (b) you do not provide access to the Services to persons or entities on any of the above lists.
9. Acceptable Uses Policy
You agree to comply with the Acceptable Uses Policy.
10. PCI Compliance
We are responsible for keeping your Cardholder Data secure. If you use our Services to accept credit card payments, then you must comply with the Payment Card Industry Data Security Standards.
10.1 PCI Standards
If you use the Services to accept payment card transactions, you must comply with the Payment Card Industry Data Security Standards (PCI-DSS) to the extent they are applicable to your business (the "PCI Standards"). SurveyMars provides tools to simplify your compliance with the PCI Standards, but you must ensure that your business is compliant and the specific steps you will need to take to comply with the PCI Standards will depend on your implementation of the Services.
10.2 Cardholder Data
SurveyMars is responsible for the security of Cardholder Data that is collected, transmitted, stored, or processed by us on your behalf. "Cardholder Data" is defined as a cardholder's primary account number, and where a full unmasked card number is present, any of the cardholder name, expiration date, and/or service code. SurveyMars has developed strict security features to protect Cardholder Data, and as such this data may only be used in anticipated ways and stored in appropriate places. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM COLLECTING OR ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN THE SERVICES, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e. where SurveyMars explicitly enables such data to be entered into such fields). Appropriate fields are clearly marked with labels such as 'Card number' or by having a credit card icon precede them. Similarly, excluding payment forms, you must never collect or enter any "Sensitive Authentication Data", as defined by the PCI Standards (including CVC or CVV2) into any fields in the Services. You assume all responsibility for any Cardholder Data entered into the Services in violation of these terms.
11. Suspension, Account Closure, and Termination of Services
Here is how you can close your account with us and how we may suspend or disable your account and/or terminate the Services.
11.1 By You
You can cancel your Subscription and/or close your account at any time through your account management page. When you close your account, your Subscription will automatically be cancelled, your Services will be terminated, and you will no longer be able to access your account to use the Services and your Content will be deleted in accordance with our data retention policy and these Terms of Use ("TOU"). You can obtain a copy of your Content from the relevant Service(s) before closing your account, subject to applicable law and policies. Alternatively, you can delete your Content yourself proactively prior to canceling a Subscription and closing your account. If you would like to cancel your Subscription without closing your account, see Section 1.2 for further information. When you close your account, we will provide you with confirmation of account closure and Subscription cancellation, and you will not be charged again for that Subscription unless you open a new account and purchase a new Subscription. If you cancel a Subscription in the middle of a billing cycle, you will not receive a refund unless you are canceling for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us by email; (b) a refund is required by law; or (c) we, in our sole discretion, determine a refund is appropriate. For clarity, we will not grant a refund where you have used our Services, collected responses, and/or downloaded your responses unless the termination is due to our material, uncured breach or a refund is required by law.
Nothing in this Section 11.1 shall exclude or limit any rights which you may have if you are considered a consumer in your country of residence. For example, if you qualify as a consumer in the European Union you may have certain refund and withdrawal rights as described in our European Union Subscription Cancellation Policy. You may also have a right of refund or a right to terminate in respect of the EU Legal Warranty. See our Country-Specific Terms for Europe for more information.
11.2 By SurveyMars
(a) For Convenience. SurveyMars may cancel your Subscription and terminate the Services effective at the end of a billing cycle by providing at least 30 days' prior email notice to you without refund for any prior period. Additionally, SurveyMars may cancel your Subscription and terminate the Services at any time during the billing cycle by providing at least 90 days' email notice to you and will provide a pro rata refund for any period of time you did not use the relevant Service(s) in that billing cycle.
(b) For Cause. SurveyMars may limit, disable, suspend and/or cancel your Subscription and terminate the Services and/or close your account for any of the following reasons: (i) you have materially breached these Terms and failed to cure that breach within 30 days after SurveyMars has so notified you by email; (ii) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; (iii) you fail to pay fees for 30 days past the due date; (iv) you use the Services in a way that causes legal liability to us or disrupts others' use of the Services; (v) if we are investigating suspected misconduct by you, including illegal activity; or (vi) we are required to do so to comply with applicable law. If we limit, disable, suspend and/or cancel your Subscription and/or terminate the Services, depending upon the reason, we will, where possible, endeavor to give you advance notice and an opportunity to obtain a copy of your Content from that Service. However, there may be time sensitive situations where SurveyMars may decide that we need to take immediate action without notice. SurveyMars will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. Except as set out in our Privacy Notice, and as may be required under applicable law, SurveyMars has no obligation to retain your Content upon closure of your account.
12. Downgrades
Downgrading your account plan (changing your Subscription type, or canceling a Subscription and downgrading to our SurveyMars Basic (free) plan) may restrict access to paid-only features, tools and capacity within your account, but will not affect your ability to view all historical data and responses you have previously collected.
13. Disclaimers, Limitations of Liability, and Indemnification
Our Services will perform and function as described in these Terms.
13.1 Disclaimers
While it is in SurveyMars's interest to provide you with a great experience when using the Services, there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY GUIDANCE OR RECOMMENDATIONS THEREIN ARE PROVIDED "AS IS" AND SURVEYMARS DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
13.2 Exclusion of Certain Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SURVEYMARS (INCLUDING ITS AFFILIATES AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS) WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF SURVEYMARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13.3 Limitation of Liability
In the event of a dispute, we won't owe more than the amount you've paid or should have paid in the previous 12 months for the Services.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF SURVEYMARS (INCLUDING ITS AFFILIATES AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO SURVEYMARS FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
IN COUNTRIES WHERE THE ABOVE TYPES OF EXCLUSIONS (SECTION 13.2) AND/OR LIMITATIONS (SECTION 13.3) ARE NOT PERMITTED BY LAW, WE ARE RESPONSIBLE TO YOU ONLY FOR YOUR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE ALL REASONABLE SKILL AND CARE OR THAT DIRECTLY RESULT FROM A MATERIAL BREACH OF THESE TERMS.
13.4 Indemnification
If we get sued because of something you do using our Services or because you violate these Terms, we expect that you will step into our shoes to defend that lawsuit and pay any damages awarded by the Court.
You will indemnify and hold harmless SurveyMars (including its affiliates and its and their officers, agents, and employees) from all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of a third party claim regarding or in connection with your or your end users' use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.
14. Information Collected When Registering or Upgrading a Subscription
14.1 Registration Information
You need a SurveyMars account before you can use SurveyMars services. When you register for an account, we collect your first and last name, username, password and email address.
14.2 Billing Information
If you make a payment to SurveyMars, we require you to provide billing details including your name, address, email address and financial information corresponding to your selected method of payment (e.g., a credit card number and expiration date or a bank account number). If you provide a billing address, we will regard that as the location of the account holder to determine the SurveyMars entity with whom you contract and the sales tax, if applicable, to be applied to your purchase. The billing details provided are used solely for payment purposes, and SurveyMars will not share such information with any third parties.
14.3 Account Settings
You can set various preferences and personal details on pages like your account settings page (or on your account settings page for our other products as applicable). These may include, for example, your default language and time zone.
15. Other Terms
You may not transfer these obligations to someone else without our permission. However, we can transfer these terms or our obligations without your permission.
15.1 Assignment
You may not assign these Terms without SurveyMars's prior written consent, which may be withheld in SurveyMars's sole discretion. SurveyMars may assign these Terms at any time without notice to you.
15.2 Customer Lists
We can use your name, logo, and description of how you use our Services on our website, in earnings calls, and in marketing and promotional materials.
SurveyMars may identify you by name and logo as a customer of the Services on our websites and on other promotional materials. Any goodwill arising from the use of your name and logo will inure to your benefit.
15.3 Entire Agreement
These TOU are the only set of terms that govern our relationship. Any additional terms (like those in tiny font attached to the bottom of a purchase order) that you provide will not be binding.
These Terms (including the Additional Terms) constitute the entire agreement between you and SurveyMars, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you, or in your procurement, invoicing, or vendor onboarding portal do not apply to the Services, do not override or form a part of these Terms, and are void.
15.4 Independent Contractors
The relationship between you and SurveyMars is that of independent contractors, and not legal partners, employees, or agents of each other.
15.5 Interpretation
The use of the terms "includes", "including", "such as", and similar terms, will be deemed not to limit what else might be included.
15.6 Language
These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
15.7 No Waiver
A party's failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
15.8 Severability
If any part of these Terms is not enforceable, the rest of the Terms will still be enforceable.
If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
15.9 Third Party Beneficiaries
There are no third party beneficiaries to these Terms.
15.10 Survival
Some terms live on even after this TOU ends.
16. Terms for Certain Customers
Some of these additional terms may apply depending on which Services you use.
16.1 Customer-Specific Terms
We may amend the relevant terms of this Agreement at any time, and you may review the latest version of the Terms of Service on the relevant service page. If you do not agree to the changed terms, you may stop logging in to your account and use the services; if you continue to log in the account or use the services provided by us, you have accepted all the revised terms. In case of any dispute with us, the latest terms of the User Service Agreement shall prevail.
16.2 Email Address
Unless otherwise, any notification sent to us should be emailed to [email protected]
