Terms of Service

Please read these Terms of Service carefully. By using Survs or signing up for an account, you’re agreeing to these Terms of Service. Survs (“Survs” or the “Service”) is a service offered through the URL survs.com (we’ll refer to it as the “Website”). Survs is owned and operated by Enough Pepper Lda. (“Survs,” “we,” or “us”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “User” according to this agreement (or “you”).

Sign Up

When you sign up for an account, you agree to:

(a) Provide accurate, current and complete information about you as may be prompted by any sign up forms on the Website ("Sign Up Data");

(b) Maintain the security and confidentiality of your password and identification;

(c) Maintain and promptly update the Sign Up Data, and any other information you provide, to keep it accurate, current and complete;

(d) Be fully responsible for all use of your account, for any actions that take place using your account and for all content that you may publish on the Website (“Content”).

Your Responsibilities

You are responsible for all activity occurring under your accounts. You shall abide by all applicable laws, treaties, and regulations in connection with your use of the Website, including, without limitation, those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data. You shall:

(a) Notify Survs immediately of any unauthorized use of any password or account or any other known or suspected breach of security;

(b) Report to Survs immediately and use reasonable efforts to stop immediately any copying or distribution of (parts of) the Website that is known or suspected by you;

(c) Not impersonate another Survs User or provide false identity information to gain access to or use the Website.

Prohibited Uses

You agree not to use the Website for any of the following purposes or activities:

(a) Upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;

(b) Pretend to be anyone or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, or a civic or government leader, or otherwise, misrepresent your affiliation with a person or entity;

(c) Phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other websites, software or services;

(d) Phish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for receiving payments;

(e) Engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of confidentiality, employment, or nondisclosure agreement;

(f) Post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising, and informational announcements;

(g) Forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Website;

(h) Upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Website (or any part thereof), or any other computer software or hardware;

(i) Interfere with or disrupt the Website (including accessing the Website through any automated means, like scripts or web crawlers), or any servers or networks connected to the Website, or any policies, requirements or regulations of networks connected to the Website (including any unauthorized access to, use or monitoring of data or traffic thereon);

(j) Reproduce, duplicate or copy or exploit any other portion of the Website, without the express written permission of Survs;

(k) Use the Website for any illegal or unauthorized purpose. You must not, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).

(l) Gather and store personal information on any other User of the Website to be used in connection with any of the foregoing prohibited activities.

Privacy Policy

Your use of this Website is governed by the privacy policy, which is available at https://survs.com/privacy (the "Privacy Policy").

Anti-Spam Policy

This anti-spam policy was developed with respect to unwanted emails directed to third parties with whom you do not have a prior relationship (“Spam”). Accordingly, by using the Website you acknowledge, represent, warrant and agree that:

(a) You will not engage in any spamming activities in your use of the Website;

(b) You understand that Survs is serving as "survey host" and is not the sender or originator of any survey and that you are therefore solely responsible for your email activities using the Website;

(c) You warrant that you either have an ongoing business or personal relationship with or have obtained consents to send email messages inviting participation in a survey to the persons on your email/mobile phone list and on any lists you have acquired from a third party;

(d) Your use of the Website does not violate any spamming, junk mail or other related laws or regulations prohibiting or discouraging unsolicited mail;

(e) If you engage in any unlawful spamming activity, Survs reserves the right to report such conduct to the appropriate authorities and turn over any and all information, including relevant personal data, to appropriate law enforcement persons or entities;

(f) Survs may request at any time that you provide proof that your email recipients have agreed to receive email messages from you. Survs may require that you provide documentation of specific opt-in processes you have used.

(g) You are responsible for ensuring that the email messages you send in connection with your surveys do not generate a number of spam complaints or bounce rates in excess of industry standards. If Survs determines that your level of spam complaints or bounce rate is higher than industry standards, Survs, at its sole discretion, has the right to suspend or terminate your use of the Service. If you receive low response rates, high abuse rates or high bounce rates, Survs may request additional information regarding your mailing lists to investigate and attempt to resolve the problem, or in some cases Survs may suspend or remove email privileges on your account.

Survs reserve the right to terminate your account(s) and your use of the Website, without notice, if Survs believe your activities are not in compliance with this Anti-Spam policy and/or our Terms of Service.

Copyright Infringement

As Survs asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Survs violates your copyright, you are encouraged to notify Survs. Survs will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Survs will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Survs or others. In the case of such termination, Survs will have no obligation to provide a refund of any amounts previously paid to Survs.

Intellectual Property

This Agreement does not transfer from Survs to you any Survs or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Survs. Survs, the Survs logo, and all other trademarks, service marks, graphics and logos used in connection with Survs, or the Website are trademarks or registered trademarks of Survs or Survs’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Survs or third-party trademarks.

Payment, Upgrading and Downgrading.

A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number. The service is billed in advance on a monthly basis in accordance with our pricing schedule, and all monthly payments are non-refundable. There will be no refunds or credits for partial months of service or refunds for months unused with an open account.

You will be billed for your first month immediately upon signing up for a paying account. After signing up for a paying account and you don’t cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. An upgrade from the free account to any paying account will end your free trial. You will be billed for your first month immediately upon upgrading. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged monthly the new rate.

On paying accounts, if you exceed the maximum number of entries allowed for a given month, a fee per entry exceeding the limit will be charged (see “Response overage charge” in the pricing page: https://survs.com/pricing-complete) to your account at the end of your billing period. On free accounts, forms will be deactivated once they have exceeded the maximum number of responses allowed for a given month.

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. You agree to pay for any such taxes that might apply to your use of the Website and payments made by you herein.

Transaction data provided in the course of executing payment transactions are processed by PayLane Sp. z o.o. acting as a payment institution intermediating in payment processing.

Cancellation

You are solely responsible for properly canceling your subscription. You can cancel your account subscription at any time by downgrading to the Free Plan. If you cancel the subscription before the end of your current billing cycle, the cancellation will take effect when the current billing cycle ends.

Survs, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Website for any reason at any time. Such termination of the 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. Survs reserves the right to refuse service to anyone for any reason at any time.

Termination

Survs may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Survs account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided “as is”. Survs 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 Survs nor its suppliers and licensors makes any warranty that the Website will be error free or that access to it will be continuous or uninterrupted.

Limitation of Liability

In no event will Survs, or its suppliers or licensors, be liable concerning any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:

(a) Any special, incidental or consequential damages;

(b) The cost of procurement of substitute products or services;

(c) For interruption of use or loss or corruption of data;

(d) For any amounts that exceed the fees paid by you to Survs under this agreement during the twelve (12) month period before the cause of action.

Survs shall have no liability for any failure or delay due to matters beyond their reasonable control. The preceding shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that:

(a) Your use of the Website will be in strict accordance with the Survs Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside);

(b) Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Survs, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Changes

Survs reserves the right, in its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Survs may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Survs and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Survs, or by the posting by Survs 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; Survs 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.