Terms and Conditions for Survey Back Office

Last Updated: 01-July-2025

1. Acceptance of Terms

This Terms and Conditions agreement ("Terms") is a legally binding contract between you or the entity you represent ("Client," "you," "your") and Survey Back Office ("we," "us," "our"). By creating an account, accessing, or using our software-as-a-service platform (the "Service"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

2. Description of Service

Survey Back Office provides a platform for market research companies to conduct online surveys, manage respondents, and perform related data collection and analysis activities, including features for quality control and fraud prevention.(Self or 3rd Parties)

3. Client Accounts

To use the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4. Client Responsibilities and Acceptable Use

4.1. Your Content and Data

You are solely responsible for all data, information, respondent's data and other content that you or your authorized users upload, create, or distribute through the Service ("Client Content").

4.2. Acceptable Use

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation.
• Transmit any material that is abusive, harassing, defamatory, fraudulent, or obscene.
• Distribute unsolicited commercial email ("spam") or other bulk communications.
• Infringe upon the intellectual property rights of others.
• Transmit any viruses, malware, or other malicious code.

4.3. Data Protection and Respondent Consent (CRITICAL)

As a condition of using our Service, you agree and warrant that:

• You are the "Data Controller" for all personal data collected from survey respondents ("Respondents").
• You will comply with all applicable data protection and privacy laws, including but not limited to the GDPR and CCPA.
• You will provide a clear and comprehensive privacy policy to all Respondents.
• You will obtain **valid, informed, and explicit consent** from each Respondent before they participate in a survey. This consent must cover all data you collect, including any technical and device information collected for fraud prevention purposes as described in our Privacy Policy.
• You will honor all data subject requests from Respondents, such as requests for access, correction, or deletion of their data.

5. Data Processing Agreement (DPA)

These Terms incorporate by reference our Data Processing Agreement ("DPA") located at [Link to Your DPA]. By using the Service, you are agreeing to the terms of the DPA. The DPA governs our role as a "Data Processor" and your role as a "Data Controller" with respect to the personal data of Respondents.

6. Fees and Payment

You agree to pay all fees associated with your subscription plan as described on our pricing page. All fees are (100%) non-refundable. Subscription fees will be billed in advance on a recurring basis. You are responsible for all applicable taxes. Applicale for all services also.

7. Term and Termination

This agreement begins on the date you create an account and continues as long as you have an active subscription. We may suspend or terminate your access to the Service immediately, without prior notice, if you breach these Terms. You may terminate your account at any time by sending us an termination email. Upon termination, your right to use the Service will cease immediately, and we may delete your Client Content in accordance with our data retention policies.

8. Intellectual Property

We own all rights, title, and interest in and to the Service, including all underlying software, technology, and documentation. You own all rights, title, and interest in and to your Client Content. We grant you a limited, non-exclusive, non-transferable license to access and use the Service during your subscription term.

9. Confidentiality

Each party agrees to treat the other's Confidential Information with the same degree of care that it uses to protect its own confidential information. Confidential Information will not be used for any purpose outside the scope of this agreement or disclosed to any third party without the other party's prior written consent.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SURVEY BACK OFFICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to defend, indemnify, and hold harmless Survey Back Office and its affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Service; (ii) your violation of these Terms; or (iii) your violation of any applicable law or the rights of a third party, including any Respondent's data protection or privacy rights.

13. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of Gujarat, India, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved through binding arbitration in Surat, Gujarat, India.

14. General Provisions

These Terms, together with our Privacy Policy and DPA, constitute the entire agreement between you and Survey Back Office. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision will not be considered a waiver of those rights.