I. User Accounts
II. Anti SPAM Policy
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
III. Free Account, Payments, Refunds, Upgrading, Downgrading
SurveyConsole expressly forbids SPAM (the term "SPAM" meaning the sending of unsolicited e-mail to parties unknown to the sender). SurveyConsole has a zero tolerance SPAM policy. Any customer found to be using SurveyConsole for SPAM will have their account subject to immediate termination.
We cannot and do not, monitor, censor or edit the contents of email messages sent using our system. Users alone are responsible for the contents of their messages and the consequences of any such messages. We do not assume any responsibility or liability for messages or other content that is created by our users. You may not send, post, distribute or disseminate any defamatory, obscene, or otherwise unlawful messages, material or information, including another person's proprietary information (including trademarks, trade secrets, or copyrighted information) without express authorization from the rights holder.
We will cooperate with legal authorities in releasing names and IP addresses of users who are involved in SPAM or other illegal activities.
- You have the option of utilizing the Free Account to trial the software. The Free Account does not expire unless until it is expressly canceled. You can upgrade to any of the paid licenses at any point of time. An upgrade from the Free Account to any paying plan will end your Free Account. You will be billed for your first month immediately upon upgrading. Once the Free Account is upgraded to a paid license, it cannot be reverted to a free account.
- After upgrading to a paid account, there is a 30 Day Money Back Guarantee. This guarantee is valid starting the day that you INITIALLY upgrade your account. If you are not satisfied with the service for any reason, you may submit a request to have your payment refunded.
- The Service is billed in advance on a monthly or annual basis, depending upon the license you purchase and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Unfortunately we cannot make any exceptions.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For certain SurveyConsole licenses overage charges for excess survey responses may apply. The details of these overage charges will be explicitly stated on the pricing details page. If overages are incurred, you will receive an invoice via email and your credit card will be charged.
- For any upgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service is not permitted.
- SurveyConsole reserves the right to change our license fees upon 30 days notice from us. Fee change notices may be posted to the Service or on the website.
V. Title and Intellectual Rights
- You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the My Account link in the global navigation bar at the top of the screen. The Account screen provides a simple cancellation link.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- SurveyConsole, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other SurveyConsole service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. SurveyConsole reserves the right to refuse service to anyone for any reason at any time.
VI. General Conditions
VII. Prohibited Uses
We provide space for hosting surveys, but make no implied or express warranties about the reliability of this space or related services. We are not responsible for any deletion, alteration, or loss of surveys or results due to network or system outages, file corruption, accidental deletion, incompatibilities or any other reasons. We make no guarantees as to server reliability, speed, or consistency, and cannot be held liable for such.
We make no guarantee of the accuracy, correctness, or completeness of any information on these web pages, surveys, databases, or results and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or losses or damages arising from the use of the content or services provided by us.
You agree to indemnify us against any and all claims and expenses, including attorneys' fees, arising from the use of this service. This expressly includes your responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and any libelous or unlawful material contained within your survey.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any SurveyConsole customer, employee, member, or officer will result in immediate account termination.
In your use of the Products, you agree to represent you or your organization accurately and will not impersonate any other person, whether actual or fictitious.
In using the varied features of the Products, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to Us. We may use this information and any technical information about your use of the Products to tailor its presentations to you, facilitate your movement through the Product, communicate separately with you or publish the fact that you are a user of our services.
All correspondence with The Company should be addressed to: QuestionPro INC. 93 S. Jackson St. # 62790, Seattle, WA, 98104-2818, USA. This agreement is subject to the laws of the State of Washington. User agrees to waive questions of jurisdiction and venue and agrees that all disputes brought by User shall be in the courts of King County, Washington.
All inquiries related to billing and credit card charges should be made in writing to ATTN: Billing/Invoices, QuestionPro INC. 93 S. Jackson St. # 62790, Seattle, WA, 98104-2818, USA
We reserve the right to amend or change these guidelines at any time, without notice.
VIII. Reseller Policy
Illegal Activities - Any activity which violates local, state, federal or international law. Examples include: Posting or disseminating illegal material (such as child pornography or obscene material.)
Security - Attempting to gain unauthorized access to any network; attempting to disrupt network services or services of external networks using the Service; attempting to gather third party personal information without consent. Examples include: DoS attacks, computer virus distribution or the transmission of any other software or application that contains features harmful to any network.
Bandwidth, Data Storage and Other limitation -
Use of the network infrastructure and service in a manner that puts an excessive burden on the limitations of the network.
IX. Service Commitment - Enterprise Accounts Only
SurveyConsole reserves the right to refuse anyone access to the reseller program.
This section only applies to customer who have an Enterprise License with SurveyConsole.
SurveyConsole will use commercially reasonable efforts to make SurveyConsole available with an annual uptime percentage (defined below) of at least 99.95% during the course of the license duration. In the event SurveyConsole does not meet the commitment, you will be eligible to receive a credit for an additional month of service.
- "License Duration" is the preceding 365 days from the date of an SLA claim or the length of time from the license start date to license end date.
- "Annual Uptime Percentage" is calculated by subtracting from 100% the percentage of 5 minute periods during the license period was in an unavailable state. If you have been using SurveyConsole for less than 365 days, your license duration is still the preceding 365 days but any days prior to your use of the service will be deemed to have had 100% availability.>
Any downtime occurring prior to a successful service credit claim cannot be used for future claims. Annual Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SurveyConsole SLA Exclusion (defined below).
- "Unavailable" means that your SurveyConsole community has no external connectivity during a five minute period.
- "SurveyConsole SLA Exclusions" are defined as the following
- Downtime caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of SurveyConsole servers.
- Downtime that result from any actions or inactions of you or any third party.
- Downtime as a result of regular maintenance/patch builds that occur weekly at 2 AM PST Saturdays.
- Downtime arising from our suspension and termination of your right to use SurveyConsole in accordance with the SurveyConsole Terms of Service.