Survs is property of Enough Pepper, LDA.You can contact us at enoughpepper@enoughpepper.com
The following terms and conditions govern all use of the survs.com Web site and all content, services and products available at or through the Web site. The Web site is owned and operated by Enough Pepper, LDA. The Web site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Survs Privacy Policy) and procedures that may be published from time to time on this Site by Enough Pepper, LDA (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Web site. By accessing or using any part of the Web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Web site or use any of its services.
1. What is Survs?
Survs is a collaborative tool that allows you to build, deploy and analyze online surveys (collectively, the "Service").
2. Your Survs credentials and accounts
By signing up to use the Service, you agree that your login credentials are personal and non transmissible and that you are responsible for the security of these credentials.
Furthermore, by creating one or more accounts on the Web site, you are responsible for maintaining the security of your accounts, and you are fully responsible for all activities that occur under those accounts and any other actions taken in connection with the accounts. You must not describe or assign keywords to your accounts in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Enough Pepper, LDA may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Enough Pepper, LDA liability. You must immediately notify Enough Pepper, LDA of any unauthorized uses of your accounts or any other breaches of security. Enough Pepper, LDA 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.
Enough Pepper, LDA reserves the right to terminate any account or login credential if it remains inactive for a period longer than 24 months.
3. Responsibility of contributors
If you make (or allow any third party to make) material available by means of the Web site (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- your accounts and surveys are not named in a manner that misleads your readers into thinking that You are another person or company. For example, your surveys title or name is not the name of a person other than yourself or company other than your own;
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Enough Pepper, LDA or otherwise.
4. Removing content
If you delete Content, Enough Pepper, LDA will use reasonable efforts to remove it from the Web site, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Enough Pepper, LDA has the right (though not the obligation) to, in Enough Pepper, LDA's sole discretion (i) refuse or remove any content that, in Enough Pepper, LDA's reasonable opinion, violates any Enough Pepper, LDA policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Web site to any individual or entity for any reason, in Enough Pepper, LDA's sole discretion. Enough Pepper, LDA will have no obligation to provide a refund of any amounts previously paid.
5. Fees and payment
By selecting a paid service plan you agree to pay Enough Pepper, LDA the monthly or annual subscription fees indicated for that service plan, including any applicable taxes. All fees posted are exclusive of all taxes or duties imposed by governing authorities.
Enough Pepper, LDA accepts credit cards and will automatically charge your credit card for monthly service plans. Yearly service plans are paid through Paypal and must be manually renewed. Enough Pepper, LDA reserves the right to suspend or terminate your account(s) and/or access to the Service if any fee is not paid in a timely manner, or if it is unable to process your transaction using the credit card information provided.
Automatic renewals for monthly service plans are made each month on calendar day corresponding to the commencement of subscription. For months not containing the calendar day corresponding to the commencement of your subscription, renewal will be made on the first day of the next month. For example, if your subscription began on January 31st, March 1st is the next time your credit card would be billed.
The renewal charge will be equal to the original subscription price plus any service fees incurred in the previous subscription period, including any applicable taxes.
Should you choose to upgrade your subscription, the commencement date for your next renewal period will be reset and you will be billed for the first month or year of the upgraded level of service minus the remaining days of your current subscription at the subscription's service plan rate. For example, if you begin your monthly billed subscription on February 15th, your next payment would be due on March 15th. If on March 22nd, you upgrade your subscription to a superior service plan you will be charged for the new service plan less the amount equal to 24 days at your previous service plan rate. Your next payment would then be due on April 22.
Should you downgrade you will be charged immediately for the first billing period of the chosen service plan which will start at the end of the current subscription. Thus the downgrade will only be in effect as of the end of the billing period corresponding to the last already paid billing period.
Enough Pepper, LDA reserves the right to change its monthly fees upon 30 days notice by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your "Account" page. If your credit card reaches its expiration date, your continued use of the Service constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
All the dates and times shown in the application and accounting documents related to account plan management (including payment dates and subscription start, renewal and expiration dates) are displayed in the Europe/Lisbon time zone. Subscription renewals (including resetting of the monthly respondent counter) may not happen exactly at midnight of the displayed renewal dates.
It is your responsibility to keep your contact information and payment information current and updated and ensure that all the information provided is correct.
6. Canceling Your Subscription
Subscriptions subject to automatic renewal will continue in effect unless and until you cancel or we terminate it. Canceling your subscription is in effect the same as downgrading your subscription to a Free service plan. You must cancel your subscription before it renews in order to avoid billing of the next month's or year's fees to your credit card.
All paid service plans are prepaid and are non-refundable. Enough Pepper, LDA does not provide refunds or credits for any partial months or years. You may cancel your subscription at anytime. If you wish to cancel your subscription you may do so via your "Account" page.
7. Responsibility of Web site visitors
Enough Pepper, LDA has not reviewed, and cannot review, all of the material posted to the Web site, and cannot therefore be responsible for that material's content, use or effects. By operating the Web site, Enough Pepper, LDA does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Web site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Web site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Enough Pepper, LDA disclaims any responsibility for any harm resulting from the use by visitors of the Web site, or from any downloading by those visitors of content there posted.
8. Content posted on other Web sites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the Web sites and Web pages to which survs.com links, and that link to survs.com. Enough Pepper, LDA does not have any control over those non-Survs Web sites and Web pages, and is not responsible for their contents or their use. By linking to a non-Survs Web site or Web page, Enough Pepper, LDA does not represent or imply that it endorses such Web site or Web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Enough Pepper, LDA disclaims any responsibility for any harm resulting from your use of non-Survs Web sites and Web pages.
9. Intellectual property
This Agreement does not transfer from Enough Pepper, LDA to you any Enough Pepper, LDA or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Enough Pepper, LDA. Enough Pepper, LDA, Survs, Survs logo, and all other trademarks, service marks, graphics and logos used in connection with the Web site are trademarks or registered trademarks of Enough Pepper, LDA or Enough Pepper, LDA's licensors. Other trademarks, service marks, graphics and logos used in connection with the Web site may be the trademarks of other third parties. Your use of the Web site grants you no right or license to reproduce or otherwise use any Enough Pepper, LDA or third-party trademarks.
10. Changes
Enough Pepper, LDA reserves the right, at 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 Web site following the posting of any changes to this Agreement constitutes acceptance of those changes. Enough Pepper, LDA may also, in the future, offer new services and/or features through the Web site (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.
11. Termination
Enough Pepper, LDA may terminate your access to all or any part of the Web site at any time, with or without cause, with or without notice, effective immediately. Enough Pepper, LDA can terminate the Web site immediately as part of a general shut down of our service. 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.
If you wish to terminate this Agreement you have to remove yourself from the Web site. To remove yourself from the Web site you must first close all accounts you own and quit all accounts you're a member of. After completing these steps you will be presented a link in the Accounts screen that enables you to quit using the Service and remove your information from the Web site.
12. Disclaimer of warranties
The Web site is provided “as is”. Enough Pepper, LDA and its suppliers and licensors hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Enough Pepper, LDA nor its suppliers and licensors, make any warranty that the Web site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Web site at your own discretion and risk.
13. Limitation of liability
In no event will Enough Pepper, LDA, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Enough Pepper, LDA under this agreement during the twelve (12) month period prior to the cause of action. Enough Pepper, LDA shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. General representation and Warranty
You represent and warrant that (i) your use of the Web site will be in strict accordance with the Enough Pepper, LDA 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 United States or the country in which you reside) and (ii) your use of the Web site will not infringe or misappropriate the intellectual property rights of any third party.
15. Indemnification
You agree to indemnify and hold harmless Enough Pepper, LDA, 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 Web site, including but not limited to out of your violation this Agreement.
16. Miscellaneous
This Agreement constitutes the entire agreement between Enough Pepper, LDA and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Enough Pepper, LDA, or by the posting by Enough Pepper, LDA of a revised version.