Welcome to Survey Anyplace, an online software service to create surveys and quizzes for mobile devices, from Objective7 bvba, a company registered in Belgium under the registration number BE0845.741.317, with its offices at Edegem – Antwerp/Belgium (“Survey Anyplace” or “We”).
By accessing to or using any part of the Service, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, you may not access or use the Service.
Survey Anyplace reserves the right to change any part of the Agreement. We advise users to regularly check the Agreement. If you continue to use the Services after We post changes to the Agreement, you are confirming your acceptance of the new Agreement. We will clearly indicate version numbers at the end of the Terms.
Only persons (individuals or legal entities) who are legally entitled under their own laws to validly enter into contract (or, for minors, who have obtained appropriate permission to do so, and are at least thirteen (13) years old) may become users (“User”). Any account may be used by one person only. You must provide Survey Anyplace with a valid email address and a password for your account. You are responsible for maintaining the security of your account with the Service, and you are fully responsible for all activities that occur under that account. You will immediately notify Survey Anyplace of any unauthorized uses of your account or any other breaches of security. You may not use the Service for any illegal or unauthorized purpose.
Any use of the Service is at the sole risk and liability of the User. Survey Anyplace will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Use of the Service provides a User with access to some or more aspects or functionality of the Service. Such access includes a limited, non-transferable, non-exclusive right to access the Service for your own internal purpose. Any other use, or use for data mining, use of spiders, crawlers, bots, etc. is excluded. You may not reverse engineer, decompile or disassemble the Site or the Service, or create derivative works of the Site or the Service (other than through the operation of functionality provided through the Service or Site).
You may cancel or terminate your account at any time, by following the process made available for that purpose on the Website. Cancellation by email or phone will not be considered valid.
Survey Anyplace may terminate any User account, with or without prior notice, when, in the reasonable opinion of Survey Anyplace, such User is in breach of any of the Terms or the Agreement, or User is in breach of any applicable law, regulation or any third party right, or when User has been declared insolvent or bankrupt (or any similar event in any jurisdiction has occurred). Survey Anyplace is entitled to issue guidelines around correct use of the Service (e.g. in respect of bandwith usage), and may request compliance with such guidelines in order to keep the User account.
Consequences of termination are:
Through use of the account, you will interact with end users (“Respondents”). You are responsible for any behavior, act or omission of Respondents through the Service or the Site.
Any material, content, information, whether protected by copyright or not (“Content”) generated, posted or used by a User on the Site or through use of the Service falls completely under User’s liability and control, and is not considered generated by Survey Anyplace.
By making Content available, you represent and warrant that:
You understand that, as a result of the processing and transmission of your Content by the Service, your Content may be transferred unencrypted. Survey Anyplace does not claim ownership over any Content, but by uploading or using such Content, you provide Survey Anyplace an unlimited, royalty-free, fully paid-up, worldwide, assignable, irrevocable and perpetual (for at least the duration of any Intellectual Property Right therein) license to use such Content for any purpose whatsoever, including the provision of the Service or making available any Content or part of the Service to Respondents. Survey Anyplace is not responsible for your Content or for its use or effects. By operating the Service, Survey Anyplace does not represent or imply that it endorses the Content created or shared by Users of the Service, or that it believes such Content to be accurate, useful or non-harmful.
We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or infringes or is alleged to infringe any party’s Intellectual Property Rights or the Agreement.
Both free and premium (paid) versions of Service are available. By selecting a premium Service you agree to pay upfront Survey Anyplace the one-off, monthly or annual subscription fee indicated for that service. Payments will be charged on the day you sign up for a premium Service and will cover the use of that Service for the time period as indicated.
An upgrade from any level of Service to a higher one will be pro-rated. You will be charged the pro-rated fee immediately upon upgrading. In case of downgrade, you will be charged the new fee upon renewal of the then current term.
Downgrading your Service may cause the loss of Content, features, or functionality of your account. Survey Anyplace does not accept any liability for such loss.
All fees are net and exclusive of any VAT, or other taxes, levies, or other duties.
Survey Anyplace is entitled to modify its prices. Except if stated otherwise when notice of price change is made, new prices apply as from renewal of the then current term.
Premium service fees are not refundable.
Any Intellectual Property Rights in the Site or the Service are and remain with Survey Anyplace. The Agreement does not transfer or assign any Intellectual Property Right from Survey Anyplace or its licensors or suppliers to you, and all rights are reserved.
If you purchase a Service that allows you to brand your surveys with your own trademarks, servicemarks, logos or other commercial identifiers (“Trademarks”), then you grant Survey Anyplace the necessary royalty-free license to reproduce the Trademarks within the Site or the Service for that purpose.
If you do not purchase a Service that allows you to brand your surveys with your own Trademarks, then you are not entitled to remove the Survey Anyplace Trademarks from the Service. Except as provided through functionality of the Service, you do not acquire any right or license to the Trademarks of Survey Anyplace or its suppliers or licensors.
Survey Anyplace will comply with all applicable Data Protection Laws, and will use appropriate technical measures to protect any Personal Data from unauthorized disclosure or use.
Users will comply with all applicable Data Protection laws, and will provide Survey Anyplace, at User’s cost, with all reasonable assistance in this respect.
User shall never:
Any Service is provided “as is”. Survey Anyplace and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Survey Anyplace nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain or use Content or Service at your own discretion and risk. You acknowledge that Survey Anyplace acts as a “mere conduit”, and has no obligation to verify in any systematic or other way any Content or use of the Service by another User.
You represents and warrants that you have the necessary rights to any Content used or uploaded, and that such Content will not infringe any third party Intellectual Property Right or other right or interest.
You will indemnify, defend and hold harmless Survey Anyplace and will keep it indemnified for and against any liabilities, claims and expenses, including attorney’s fees, that arise from any claim from any third party (including, for the avoidance of doubt, any other User) that any action or omission to act (including but not limited to the posting or offering of any Content), any breach of the Agreement or in general any other act or omission to act by such User or anyone acting on its behalf for use of the Site and Services.
To the fullest extent permissible under applicable law, Survey Anyplace will have no liability, and any User waives any claim, based on the Site, its performance and functions, the services provided thereon, any Content used, or any transaction, service or functionality transacted or made available through the Site or the Services.
Survey Anyplace will never be liable for any breakdown of the Site, interruption or malfunction of the services provided through the Site, or any other malfunction or technical issues related to the operation of the Site.
Survey Anyplace will never be responsible for any links to third party websites, or any other connection to or interaction with third party materials or functionality.
Users specifically waive any liability of Survey Anyplace for any Content used on the Site or through the Services, or any action or omission from any Respondent.
Under no circumstances will Survey Anyplace be liable for any indirect losses, including any loss of business or loss of profit.
To the extent permitted by applicable law, in any event will Survey Anyplace’s liability be limited to the lesser of the total value of monetary value paid by a User during the six months preceding the cause of liability or 10.000, – Euro.
You agree that the laws of Belgium govern this contract and any claim or dispute that you may have against us, without regard to Belgium’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the City of Antwerp, Belgium and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
This Agreement constitutes the entire agreement between you and Survey Anyplace concerning your use of the Service and may only be modified by a written amendment signed by an authorized executive of Survey Anyplace, or by the posting by Survey Anyplace of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Survey Anyplace may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Last Updated: September 5, 2013