Terms of Service
Effective Date: September 6, 2016
This Terms of Service document (“TOS”) is a legal agreement between you and Kuia, Inc., DBA Survey55.com (“Survey55”), and governs how you may use and manage your Survey55 account and the Service you receive via that access. When you establish an account with us, you are confirming your understanding of and agreement with these Terms and the license granted herein.
1. The Survey55 Service. For the purposes of this document, the term “Service” means the software platform provided by Survey55 that enables users to create online surveys for websites, emails, social media platforms, and other online applications (the “Platform”), together with all software applications, proprietary or otherwise, that comprise the Platform, and any updates, upgrades, derivatives, improvements, enhancements, or extensions of the same. The Service subject to this TOS also encompasses the Survey55 Website, together with all copy, graphics, photographs, videos, documentation, and other content.
2. End User License Agreement (EULA). Survey55 hereby grants you a revocable, non-exclusive, non-transferable, limited right and license to access and use the Service. The term of your License shall commence on the date that you create your account and will end if your account is terminated by either you or Survey55. Survey55 reserves the right to immediately terminate your license if you use the Service in breach of the terms set forth herein.
(a) Ownership: This TOS does not confer title, ownership, or any other rights concerning your use of the Service that are not set forth herein. Survey55 retains all right, title and interest in and to the Service, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights whether registered or not and all applications thereof. The Service is protected by applicable laws and treaties worldwide, and may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Survey55. All rights not expressly granted to you herein are reserved by Survey55.
(b) License Restrictions: Violating any of the following restrictions may result in the immediate termination of your License:
(i) General Restrictions: You agree not to: (i) commercially exploit the Service in any manner other as intended; (ii) provide your password or otherwise grant access to your Survey55 account to any third parties for any purpose whatsoever; (iii) reverse engineer, decompile, disassemble, translate, or prepare derivative works of the System, or otherwise modify the same, in whole or in part; (iv) use the Service to display material that may be subject to copyright protection without the express consent of the copyright owner; (v) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained within the System; (vi) misrepresent the source of ownership of the System; or (vii) otherwise access or utilize the System in any manner other than permitted by this TOS.
(ii) Specific Restrictions: You may not use the Service to display images or written content: (i) that infringe upon the proprietary rights of third parties, including without limitation intellectual property rights, or rights of publicity or privacy; or (ii) that violate any law, statute, ordinance or regulation.
3. Establishing an Account. To use the Service, you must first register by establishing an account, and provide us with your name, company name, email address, and password. If you later elect to upgrade your account, you will need to provide us with valid credit card or other payment information. You agree that all information you provide to us will be complete and accurate in all respects, and that you will promptly update such information in the event any of it changes. Once you register, you will be given the opportunity to create basic surveys.
(a) Free Trial Period: All accounts commence with a seven (7) day free trial period. During this time you will have the opportunity to try the Service. To continue using the Service after the expiration of the free trial period, you will need to subscribe for a monthly subscription account, and provide us with your billing information. If you do not upgrade your account to a paid account prior to the expiration of the free trial period, you will still be able to access your account, but your surveys will not be available for the public to view. Your account will be terminated and all data deleted in sixty days, unless upgraded within that period.
4. Upgrading Your Account. If you elect to upgrade your free trial account to a Professional-level subscription account, you will be able to take advantage of additional functions, features, and support. To do so, you must provide us with valid credit card information.
(b) Monthly Subscription: Users who purchase a monthly subscription pay the monthly fee listed on the Site until their subscription is canceled. If you purchase a subscription, you are agreeing to automatic (recurring) billing for the monthly subscription fee, and such automatic payments will continue in effect indefinitely until such time as you elect to cancel. Payments will be withdrawn when you subscribe and then every thirty (30) days thereafter until you cancel. When you sign up for our Service and provide a payment method, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each month for the Service. If you provide a payment method and our charge results in an overdraft, chargeback, or other fee from your bank, you are responsible for that fee.
(i) How to Cancel: You may cancel your subscription at any time by using the cancellation function available through your account profile. To do so, you must first log into your account and access your Account Settings, and select “Cancel Subscription.” Your cancellation will take effect starting at the end of your current billing period, and there are no partial month refunds or credits. If you cancel your account, all data associated with it will be deleted, and you will not be able to access surveys.
(ii)Delinquent Accounts: If your paid subscription account becomes delinquent for any reason, your surveys will no longer be available for viewing by the public, and your account will be terminated and all data deleted unless the account is brought current within sixty (60) days of the date it became delinquent.
(iii)Customer Support: Customer service and support are available 24/7 for paid accounts. You may request support via your Account Settings, or send an email to firstname.lastname@example.org.
5. Representations and Warranties: The Service is made available to you in reliance upon the following representations and warranties: (i) You are at least thirteen (13) years old; (ii) you will use the Service only in the manner intended; (iii) you will not use the Service for the purpose of violating any statute, rule, or regulation; (iv) you will not use the Service to facilitate the distribution of computer viruses, spyware, or any other malicious code; (v) you will not use the Service to display content that infringes upon the proprietary rights of third parties, including without limitation intellectual property rights, or rights of publicity or privacy; and (vi) you will not use the Service in any manner other than as described herein.
6. Copyright: We respond to properly submitted notices of alleged copyright infringement that comply with applicable law. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Attn: Copyright Agent
340 S. Lemon Ave., No. 1234
Walnut, CA 91789
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you, and/or to terminate your account if it is determined that you knowingly posted infringing content.
7. No Warranty: Survey55 makes no representation or warranty that: (a) the Service will be free of errors, bugs, or glitches, or that any such error, bug, or glitch will be corrected; (b) servers that house the Service are free of viruses or other malicious code; and (c) your use of the Service is in compliance with the Terms of Service of any third party, including, without limitation, social media services that source User feeds. THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER. SURVEY55 PROVIDES NO WARRANTIES WHATSOEVER REGARDING THE ACCURACY, RELIABILITY, OR DELIVERY OF THE SERVICE, AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.
8. No Liability: In no event shall Survey55 be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from the delivery or failure of the Service, including without limitation to losses incurred due to: (a) software glitches, server failures, power outages, or any other issue beyond Survey55’s control; and (b) any delays in or failure of the Service to operate as described.
9. Indemnification: We cannot control or monitor the surveys you choose to display. You understand that certain published content, such as written materials and images are subject to copyright laws, and it may be illegal to display such material without the express permission of the copyright owner. You are solely responsible for obtaining such consent, and agree to indemnify, hold harmless, and defend Survey55, together with its officers, directors, employees, agents, subsidiaries, and affiliates (the “Indemnified Parties”), from and against any claims, actions, proceedings, and suits (collectively “Claims”) brought against Survey55 by any third party that are associated with your use of the Service (including, but not limited to, copyright claims), and expressly agree to assume liability for any damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) that may be incurred by Survey55 in connection with any Claim subject to this section.
10. Arbitration Agreement and Class Action Waiver. You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Service. Therefore, you agree that, by using the Service, you are waiving the right to a trial by jury or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated. This agreement to arbitrate includes, but is not limited to, claims arising out of or relating to the Service or your use thereof, regardless of when they may arise. The laws of certain jurisdictions provide legal rights to consumers that may not be waived or overridden by contract. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
11. Choice of Law; Forum: This document shall be governed in all respects by the laws of the United States and the State of California, without regards to any principles of conflicts of laws and the United Nations Convention on Contracts for the International Sale of Goods. Those who choose to access the Services from locations outside of California do so on their own initiative contrary to the terms of these Terms of Service, and are responsible for compliance with local laws if and to the extent local laws are applicable.Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in Los Angeles County, California except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Los Angeles, California for the purpose of litigating all such claims or disputes.
All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
12. Statute of Limitations. Regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action arising out of or related to use of the Service or under these Terms must be submitted to Survey55 within one (1) year after such claim or cause of action arose.
13. Notice for California Users. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
15. Modification and Notice of Changes: We reserve the right to change, modify, add or remove portions of these Terms of Service, without advance notice to you. We will notify you of any such changes by posting the effective date of the change at the top of this page together with a link to previous versions. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
16. Entire Agreement: These Terms of Service and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between us.
340 S. Lemon Ave., No. 1234
Walnut, CA 91789