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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.
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)
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.
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").
You agree not to use the Service to:
As a condition of using our Service, you agree and warrant that:
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.
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.
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.
We own and retain all rights, title, and interest in and to the Service, including, without limitation, all underlying software, source code, object code, business logic, workflows, algorithms, processes, user interfaces, screen designs, layouts, features, functionality, documentation, trademarks, copyrights, designs, CSS files, JavaScript files, libraries, databases, and other technology, content, materials, and intellectual property used in or made available through the Service.
You retain all rights, title, and interest in and to your client content. Subject to your compliance with these terms and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the service solely for your internal business purposes during the applicable subscription term.
You, your employees, representatives, agents, contractors, or any other person accessing the service through your account shall not copy, reproduce, modify, adapt, translate, distribute, publish, display, download, extract, reuse, create derivative works from, reverse engineer, decompile, disassemble, attempt to discover or replicate the source code, business logic, workflows, functionality, user interfaces, screen designs, layouts, or any other part of the Service.
You shall not download, copy, collect, scrape, extract, reuse, or use any CSS, JavaScript, software files, code, scripts, designs, layouts, documentation, or other proprietary materials of the Service for the purpose of developing, reproducing, operating, supporting, improving, or enabling any software, application, website, product, or service that is substantially similar to or competes with the service.
Each party agrees to treat the other party's Confidential Information with at least the same degree of care that it uses to protect its own confidential information, and in no event less than a reasonable degree of care. Confidential Information shall 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, except where such disclosure is required by applicable law.
For the avoidance of doubt, our Confidential Information includes, without limitation, the non-public software, source code, technical information, business logic, workflows, algorithms, system architecture, product designs, screen designs, user-interface designs, documentation, proprietary processes, security mechanisms, and other non-public information relating to the Service.
You shall be responsible for ensuring that your employees, representatives, agents, contractors, and authorized users who access the Service comply with the confidentiality and intellectual-property obligations set out in these Terms. Any unauthorized copying, extraction, disclosure, reproduction, reuse, or attempted replication of our proprietary information or intellectual property shall be considered a material breach of these Terms.
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. AND EVEN DATA LOGS SHALL NOT BE PROVIDED, SO TO VIEW THE OLD/PREVIOUS DATA WON'T BE AVAILABLE.
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.
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.
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.
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.
You, your employees, authorized users, representatives, agents, contractors, or any other person accessing or using the Service through your account shall not, directly or indirectly:
You are responsible for all acts and omissions of your employees, authorized users, representatives, agents, contractors, and any other person who accesses or uses the Service through your account, login credentials, subscription, or with your authorization. Any act or omission by such persons that would constitute a breach of these Terms if performed by you shall be deemed a breach by you.
If we reasonably believe that you or any person accessing the Service through your account has violated or attempted to violate these Terms, infringed or misappropriated our intellectual property, compromised the security or integrity of the Service, engaged in unauthorized copying, extraction, replication, reverse engineering, or misuse of the Service, or otherwise created a legal, technical, security, or business risk, we may, at our sole discretion and without prior notice:
Suspension or termination under this section may be immediate and shall not require prior notice, a cure period, or an opportunity to remedy the breach where we reasonably determine that immediate action is necessary to protect our intellectual property, confidential information, systems, security, users, business interests, or legal rights.
Any suspension or termination under this section shall be without prejudice to our other rights and remedies. You shall not be entitled to any refund, credit, compensation, or damages for any period during which access to the Service is suspended or following termination resulting from your breach of these Terms, except where otherwise required by applicable law.