Terms

I. Introduction

Our digital marketing platform is accessible via our website and mobile application ("the Platform"). As a user ("Member") of our services, by signing up or using our services, you agree to these Terms of Use ("the Terms"), forming a legal agreement between you and our company, a registered entity. Our platform enables the creation and management of online forms such as surveys, quizzes, and payment forms, allowing for efficient data collection. Our dedicated team includes employees, officers, directors, contractors, and representatives.

When you use our services or register an account on behalf of an organization, you assert that you have the authority to accept these Terms on behalf of that organization. In such cases, references to "you" and "your" will mean the organization.

II. Account

Eligibility

To utilize our services, you must:

-Be at least eighteen years old and legally capable of entering contracts;

-Complete the registration process;

-Accept these Terms and any additional linked terms and conditions;

-Provide accurate, complete, and current contact and billing information.

By using our services, you confirm compliance with these criteria and commit to lawful use of our services.

We reserve the right to refuse service, close accounts, and modify eligibility requirements.

Term

The agreement between you and our digital marketing platform commences upon account registration and acceptance of these Terms. The agreement continues as long as you have an active account or until termination by either party. If registering on behalf of an entity, you confirm your authorization to bind the entity to these Terms.

Account Closure

Either you or our platform can terminate the agreement at any time. Termination can be done by closing your account or upon our notice. We may suspend services at any time without refund or reimbursement. Note that once an account is terminated, its username becomes permanently unavailable for future use.

Changes

We may update these Terms, effective immediately upon posting on our website or application. Continued use of our services after changes implies acceptance of the new Terms. We may also modify or discontinue any service or features at any time.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized use. We are not liable for losses from compromised accounts. We can only assist with password resets and may update your contact information for billing purposes. You must ensure the accuracy of your account information.

Service Usage

You must not use our services in any manner that disrupts public order, violates ethical norms, harms others, is illegal, or infringes on intellectual property rights. Commercial exploitation of our services, such as renting or selling, is prohibited. You are responsible for your content and must have all necessary rights and permissions for its use. We are not liable for your content or any third-party content or materials. We may review, modify, or remove content that violates the law or these Terms. We do not monitor all content but may require a non-affiliation statement for content including third-party brands or logos.

Monthly Payment Plans

When you choose a Monthly Payment Plan, you're agreeing to a recurring monthly billing cycle, starting from the date of your initial payment. The billing happens on the same day each month, correlating to your first payment date. Full monthly payment is due for any part of a month included in the Terms. You can pause your Payment Plan billing, or permanently close or downgrade your account anytime.

Renewal and Cancellation

Both Monthly and Yearly Payment Plans involve advance billing on a recurring, periodic basis. Your subscription will automatically renew at the end of each billing period unless you cancel it by switching to the free plan or by submitting a cancellation request to our support team. If you opt to downgrade, your account will remain on the current plan until the end of the billing cycle.

Taxes

All fees are exclusive of taxes, levies, or duties imposed by tax authorities, except for sales taxes where applicable by law. You are responsible for all such taxes, levies, and duties, including sales or value-added taxes, imposed in any jurisdiction related to your service use.

Changes

We reserve the right to modify our fees, including charges for Monthly and Yearly Payment Plans. Changes will be communicated via our website, app, or email.

Credit Cards

If paying by credit card, you affirm that the information provided is accurate and will update us on any changes. Should your credit card payment fail for any reason, we may suspend or cancel your subscription.

III. Rights

Feedback and Proprietary Rights

We hold all proprietary rights to the Services, including patents, trademarks, trade secrets, copyrights, and other intellectual property rights. You are expected to respect these rights.

You retain rights to your content submitted to or accessed through our Services. Subject to these Terms, you grant us permission to use your content as necessary for service provision, as outlined in our Privacy Policy. You assure that your content doesn’t infringe on any laws, third-party rights, or internal policies.

Feedback about our Services is welcomed and, if provided, you grant us a comprehensive license to use it. This Feedback is voluntary, and you understand it's uncompensated and may be utilized for service improvements or new developments.

Right to Review Content, Forms, and Replies

We may access content from your forms, Third-Party Integrations, and account to develop tools for identifying problematic accounts and improving Services. This includes the right to aggregate and anonymize data for internal analysis, operational improvements, or external sharing for lawful purposes. We own all such aggregated and anonymized data.

IV. Rules and Abuse

General Rules

Our platform prohibits accounts that promote or incite harm, or that disseminate discriminatory, hateful, or harassing content. In our sole discretion, we may suspend or terminate accounts for distributing content that includes:

Threats of Physical Harm: Any content we judge as potentially advocating or inciting violence against others.

Hateful Content: Any content we determine could harm, threaten, promote harassment, intimidation, abuse, or discrimination against others based on race, ethnicity, origin, sexual orientation, gender, religion, age, disability, disease, or immigration status.

Frauds and Invasions: You must always comply with applicable laws and regulations. This includes avoiding violations of privacy, intellectual property rights, and engaging in fraud, phishing, unauthorized data collection or use, and similar illegal activities. You agree not to use our services for collecting sensitive information such as credit card details or login credentials.

We may also terminate or suspend accounts or projects that, in our discretion, are affiliated with individuals or organizations promoting Hateful Content, Threats of Physical Harm, or Frauds and Invasions.

Our platform does not allow the distribution of materially false, inaccurate, or misleading content that could deceive or confuse others about significant events or circumstances.

We reserve the right to disable your access to the Services if we believe you have used them in violation of any law or rights. Violations of these rules can lead to warnings, suspension, or account termination.

Reporting Abuse

Please report any violations of these Terms, including spam or content that infringes on trademarks or copyrights.

Compliance with Laws

You agree to:

Post a privacy notice that meets Data Protection Laws, describes your use of our Services, and includes a link to our Privacy Policy.

Obtain necessary permissions and consents to lawfully transfer data to us and for its lawful collection, processing, and sharing.

Comply with laws and regulations related to responders sent through the Services.

Provide notices and obtain consents as required by Data Protection Laws for deploying cookies and similar tracking technologies.

Adhere to the Data Processing Agreement (DPA) if we process your content protected by Data Protection Laws as a processor on your behalf.

IV. Liability

Limitation of Liability

To the fullest extent allowed by law, you acknowledge that:

You are responsible for any loss resulting from your use of the Services.

We and our Team are not liable for indirect, punitive, special, or consequential damages, including loss of data, profits, revenue, opportunities, goodwill, or anticipated savings.

Our total liability in any month will not exceed the amount you paid us for the Services the previous month.

We or our Team are not liable for losses or damages resulting from your violation of these Terms, regardless of any account termination or suspension due to such violations.

No Warranties

The Services are provided "as-is" and, except as explicitly stated in these Terms, we make no warranties, conditions, or guarantees of any kind, whether express or implied. This includes but is not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranties regarding the accuracy, reliability, or availability of content or information in the Services. These warranties are, to the greatest extent permitted by law, excluded from the Agreement. As the Services are used for diverse purposes, we cannot assure that they will meet your specific requirements.

Indemnity

You agree to indemnify and hold us and our Team harmless against any losses, damages, judgments, fines, legal fees, and expenses stemming from any claims not permitted under these Terms due to a "Limitation of Liability" clause or other provision. This includes indemnification for losses related to your content, use of the Services, violation of laws or regulations, claims related to actions taken under your password, any misrepresentations made by you, or breaches of your representations and warranties to us.

Equitable Relief

We have the right to seek injunctive or equitable relief for any violations of these Terms, as such violations could cause us irreparable harm.

Subpoena Fees

Should we need to respond to a subpoena, court order, or other legal inquiries related to your account, we may charge you for the associated costs, including attorney and employee time for document preparation and deposition participation.

Disclaimers

We and our Team are not responsible for the actions of any third parties, agencies, linked websites, or other Members, nor for third-party applications, products, or Services used in conjunction with the Services (referred to as "Third-Party Integrations"). Your use of any Third-Party Integration is solely between you and the applicable third party. We are not liable for the privacy, security, or integrity of any Third-Party Integration and make no warranties or assume any liability for your use of them.

VI. Other Important Stuff

Modifications and Updates

We may modify, add, or remove functionalities from a Service at any time due to continual updates and improvements. Additionally, we may implement updates to the Services, including security updates, applicable to all or some users at any time. These modifications will be implemented at no additional cost.

Force Majeure

We are not liable for any delays or failure in performance of any part of the Services due to events beyond our control. This includes, but is not limited to, acts of God, legal changes, embargoes, wars, terrorist activities, riots, fires, earthquakes, nuclear incidents, floods, strikes, power outages, volcanic activity, extreme weather, and actions of hackers or third-party internet service providers.

Survivability

Certain sections will remain in effect even after the Agreement is terminated. These include Feedback and Proprietary Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and the Entire Agreement.

Severability

Should any part of these Terms be unenforceable, it will be modified minimally, ensuring the rest of the Agreement remains effective.

No Individual Amendments

Due to the large number of Members, we cannot modify these Terms for any single Member or group.

Notices

Notices to you are considered effective when sent to your last provided email or physical address, or when posted on our Site. We may use any contact information in your account for providing notices.

Support, Contact, and Complaints

For any queries, comments, or concerns, you can reach us through our contact form.

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