Posted on: 2014-05-01 Last updated: 2019-03-29
Terms of Use
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Money
- Subscriptions.
- Free subscription. When you register an account at SurveyLegend, you automatically subscribe to a so called “Starter” subscription; which is always free of charge. Starter subscriptions do not offer full functionality. Depending on your needs, you may need to upgrade to a paid subscription.
- Paid subscriptions. To use advanced features and increased functionality, we offer paid subscriptions. If you choose to upgrade your free Starter account, billed on a subscription basis (“Subscriptions”) that means you will be billed in advance on a recurring, periodic basis, monthly or if you choose so, annually.
- Switching or Cancelling subscriptions: Your Subscription is managed in your personal account management page.You can upgrade, downgrade, or cancel your paid subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. It is your own responsibility to manually cancel your paid subscription. If not cancelled, your subscription will automatically renew at the end of each billing cycle. Cancellation of your subscription will take effect the day after the last day of the current subscription period, and you will be downgraded to the free Starter subscription; and as a result may naturally lose some functionality or features.
- Fees. You agree to pay to SurveyLegend any fees for each Service you purchase or use, in accordance with the pricing and payment terms presented to you for the chosen Service or Services. You will be billed using the billing method you decide on, which also will include any overage fees. Fees paid by you are non-refundable (except as provided in these Terms or when required by law).
- Changes in the fees. We keep the right to change the fees at any time. Services billed on a subscription basis will be changed in the following billing cycle. SurveyLegend will provide you with reasonable prior written notice of any change in fees to give you a chance to cancel your Subscription before the change affects your billing.
- Taxes. The tax is regulated by European Union (EU) law. If not otherwise stated, you are responsible for paying tax that is stated in your country if your country is part of the EU. The tax which is added to the original subscription price of your choice, and any taxes (other than SurveyLegend’s income tax) or duties associated with the sale of the Services, with any related penalties or interest. If you are required by law to withhold any Taxes from your payments to SurveyLegend, you must supply SurveyLegend with an official tax receipt or other granted documentation to support such payments. If SurveyLegend is bound to collect or pay Taxes, the Taxes will be invoiced to you.
- Taxes for EU-based companies. SurveyLegend will not charge you tax if you provide us with a VAT number issued by a taxing authority in the European Union
- Overage Fees. If not otherwise stated, any overage fees incurred by you will be billed in arrears on a monthly basis. Overage fees which stays unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the Service being limited, suspended, or terminated (subject to related legal requirements), which may result in a loss of your data related with that Service.
- Repayment. You have the right to change your mind and receive a full refund within fourteen days of your first purchase, but only if you have not created a survey which has been shared with or sent to participants and has received responses. NOTE: We do not refund renewals, it’s your own responsibility to mange your own subscription and downgrade your account before the renewal period.
- Subscriptions.
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Trust
- Confidentiality. Your Content will always be treated as confidential information in accordance with these Terms (including our privacy policies). However, your Content is not regarded as confidential information if such Content:
- is or becomes public (other than through breach of these Terms by us);
- was lawfully known to us before receiving it from you;
- is received by us from a third party without knowledge of breach of any obligation owed to you;
- was independently developed by SurveyLegend without reference to your Content;
- was lawfully known to SurveyLegend before receiving it from you.
- Privacy. while enjoying the Services, you may submit content and personal data to SurveyLegend or third parties may submit content to you through the Services (your “Content”). We are extremely happy for your trust and we will treat your content with great respect. Our Privacy Policy, together with any Service-specific data use privacy statements, policies and privacy notices (together with, “privacy policies”), detail how we treat your personal data and content. In turn, you agree to that SurveyLegend may share and use your Content in accordance with our privacy policies.
- Confidentiality. Your Content will always be treated as confidential information in accordance with these Terms (including our privacy policies). However, your Content is not regarded as confidential information if such Content:
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Your contents
- What are your contents.When you use our Services, you will create and publish contents. They could be in different forms. For example: contents you write in your surveys, forms, polls, or questionnaires; or ideas and feedback you share with us via email, social media, live chat, or your comments on our blog posts.
- You Retain Ownership of Your Content. You retain ownership of all of your intellectual property rights in your Content. These Terms do not grant us any licenses or rights to your Content, except for the rights needed for us to provide you the Services, and as those explained in these Terms.
- Your responsibility for your content As your content is owned by you, you also have the sole responsibility for it, and must ensure that you have the permissions of its original owner needed to use that Content in connection with the Services. SurveyLegend is not responsible for any actions you take with respect to your Content, including sharing it publicly.
- Limited License to Your Content. You grant SurveyLegend a worldwide, royalty free license to use, share, reproduce, modify, adapt, create derivative works, make publicly available, but only for the purposes of providing the Services to you and as otherwise permitted by SurveyLegend’s Privacy Policies.For example, ideas, feature requests or feedback received from you via email, comments on our blog-posts, or other means of communication with us (“Feedback”), can be used without any obligation to you as the the sender. This license to Feedback for such limited purposes continues even after you stop using our Services or deleting your content or account.
- 4.3. Content Review. SurveyLegend may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms in order to ensure compliance with legal obligations (e.g. when misuse is reported to us). We may also modify, delete, prevent access to or refuse to display content that we find violates the law or these Terms.
- Besides this, SurveyLegend has no obligation to monitor or review any content submitted to the Services.
- Intellectual Property, Copyright claim (DMCA Notices). We respond to notices of suspected copyright infringement in accordance to Swedish law and other mandatory foreign act. If you believe that your work has been violated in a way that constitutes copyright infringement, you may notify us.
- Customer Lists. SurveyLegend may identify the Customer (by name and logo) as a SurveyLegend customer on SurveyLegend’s website and on other promotional materials. If your notice your company’s or organization’s logo or name is used for our promotional materials, you have the right to ask us to remove it, and we will do so as soon as we can.
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Our content
- Our intellectual property. We respects the intellectual property rights of others, and we expect our users to do the same.You have no right of ownership in the Services or the content (it’s properties of SurveyLegend AB) you access through the Services (other than your Content). We have worked extremely hard to create and design our brand “SurveyLegend ®” (SurveyLegend is trademarked, and a property of SurveyLegend AB) and expect it to be treated with love and respect.
- Use of our content and intellectual property. Content (such as text, pictures, illustrations, icons, code, design, interaction design, information architecture) which is produced, designed, and developed by SurveyLegend is owned by us. You shall not distribute, sell, copy, or illegally use our content.However, you may use our content in certain cases. Read more about the correct use of our brand and trademark here. When using our logo or print screens of our solution, webpage and other solutions/webpages that are properties of SurveyLegend, make sure it’s of good quality. We do note accept or support the usage of our brand in hideous ways, so don’t do it. If you have any questions or need good quality SurveyLegend brand material please email us at [email protected]
- Third party property. To provide references or further clarifications, links to third party websites may be published and shared trough the Services. SurveyLegend is not responsible for these websites and their contents. Trademarks displayed in combination with the Services are the property of their rightful individual owners.
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Your account
- Identification. As a user of the Services, you have the full responsibility for your password and any other identification used to access your account. You are responsible for any activity occurring in your account (other than activity that SurveyLegend is directly accountable for which is not performed in accordance with the Customer’s instructions), whether or not you authorized that activity.Accounts are controlled by the entity whose email address is registered with the account. If you become aware of any illegal access to your account, you should notify SurveyLegend immediately. You must keep your personal information up to date, current and accurate. For example email address, contact info, and if applicable VAT number, address or payment details, via your profile page.
- Storage. You are responsible for maintaining, protecting, and making backups of your questionnaires, or collected data. SurveyLegend will not be accountable for any failure to store, or for loss or corruption of your Content except if Swedish law or other mandatory foreign act say otherwise.
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Termination of account
- By SurveyLegend. SurveyLegend may limit, inactivate, terminate your account, or stop providing the Services to you if :
- you violate our terms regarding the acceptable use,
- you fail to follow these Terms (such as a failure to pay fees when due),
- if you use the Services in a way that causes legal responsibility to us or disrupts others’ use of the Services
- while we are investigating suspected bad behaviour by you,
- there is no account activity (such as a login event or payment) for over 12 months
- or if account is used in a way not permitted by these Terms.
- By user. you have the right to Delete your account at any time.If you terminate a Subscription or account in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating the Agreement for our breach and have so notified us in writing, or if a refund is required by law.
- By SurveyLegend. SurveyLegend may limit, inactivate, terminate your account, or stop providing the Services to you if :
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Acceptable use
- Legal Compliance. You must use the Services in agreement with, and only as permitted by the Swedish law and other mandatory foreign, international, or European acts such as the Data Protection Directive and GDPR.
- Age requirement. You may only use the Service if you have the right to form a contract with SurveyLegend. If you are under 13 years old or do not have the right to create a contract with SurveyLegend, you may not use our Services.
- User restrictions. You are accountable for your content, actions and communications, with others while using the Services. You must abide by with the following requirements when using the Services:
- You may not misuse our Services by meddling with their customary operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
- You may not avoid or in any way attempt to avoid limitations that SurveyLegend imposes on your account (e.g. by opening up a new account to create a survey that we have closed for a Terms violation).
- If not permitted by related law, you may not reject others access to, or reverse engineer, the Services, or attempt to do so.
- If not authorized by SurveyLegend in writing, you may not scan, probe, or test the vulnerability of any SurveyLegend system or network.
- You may not transmit any types of malicious software or links to such software (viruses or malware) through the Services.
- If not authorized by SurveyLegend in writing, you may not resell or lease the Services.
- You may not engage in foul or excessive usage of the Services, which is usage drastically in excess of average usage patterns that negatively affects the stability or functionality of the Services for other users. SurveyLegend will attempt to notify you of any abusive or excessive usage to provide you with a chance to decrease such usage to a level agreeable to SurveyLegend.
- You will not transmit through the Service or the Website any harmful, pornographic, obscene, harassing, offensive, aggressive, slanderous, hate-oriented, defamatory, racist, illegal or otherwise objectionable material or content.
- You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
- You will not send any transmission that attempts to hide your identity or represents you as someone else.
- Any attempt by you to transmit, publish or distribute material or content that relates, provides or promotes to instructional information about illegal activities or promotes physical harm or injury against any individual or group is firmly forbidden.
- You will not facilitate or encourage the wrongful or illegal publishing of private or confidential information.
- You will not facilitate or encourage or display violence and or hate (for example against groups of people, against minorities, nationalities, ethnic groups, people with certain beliefs regarding religion, politics, sexual identity, etc..).
- You will not facilitate or encourage or display violence against animals.
- You will not encourage publishing of links to illegal or malicious content (including age restricted content to minors).
- You will not encourage collection of information we don’t allow users to collect (like social security numbers, credit card numbers and passwords).
- If you should find a security breach you are obligated to report it to SurveyLegend at [email protected] . You may not expose this security breach publicly (unless SurveyLegend does not respond to your security breach report accordingly and you are required by law), since it might intimidate or endanger our users and their data.
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User Requirements
- Legal Status. If you are an individual, you may only use the Services if you have the power to form a contract with SurveyLegend. 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.
- Minors. “Minors” are individuals under the age of 13 (or under a higher age if permitted by the laws of their residence). None of the Services are intended for use by Minors. If you are a Minor, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.
- 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 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 purchase any paid Services from SurveyLegend. 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 or other countries; and (b) you do not provide access to the Services to persons or entities on any of the above lists.