Terms of Services
This Terms of Service defines the Terms of Service for the NGSurvey Cloud service given to you ("Customer") (either an individual or a single entity) by Data Illusion Zumbrunn ("Licensor").Licensor will provide online survey and form-building related services to you, our Customer, under the following terms:
NO UNLAWFUL OR PROHIBITED USE
You acknowledge that Licensor does not regulate or take any responsibility for the content of information, files, images, or other communication transmitted to or by Licensor's servers. You warrant that you have all rights necessary to lawfully submit any information or material that is uploaded to Licensor's servers, including all intellectual property rights. You agree not to publish or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, or racially or ethnically derogatory content, or any content expressing hate towards any person or groups of persons due to race, religion, color, creed, national origin, or sexual orientation. You agree not to upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of illegal solicitation. You agree not to upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. You agree to indemnify Licensor against actions brought by a third party as a result of such material or information or transmission, or as a result of your use in any way of Licensor's server or the services provided by Licensor.
ACCOUNT, PASSWORD, AND SECURITY
You agree to use a secure and standard web browser such as Google Chrome or Edge to access Licensor's servers and online services. When you open your on-demand account, Licensor will provide you with a login ID and password. You are responsible for maintaining the confidentiality of your login ID and password. You are also responsible for all uses of your account, whether or not actually or expressly authorized by you. You may not sell, resell, or rent your account to a third party. You agree not to use Licensor's servers or online services in any manner that could damage, disable, or impair any of Licensor's servers, computer systems, or networks, or interfere with any other party's use and enjoyment of Licensor's server or services, or any of Licensor's software applications or services .You agree not to attempt to gain unauthorized access to any of Licensor's software applications or services, other accounts, servers, computer systems, or networks. You agree not to attempt to obtain any materials or information not intentionally made available through Licensor's servers or services, or to reverse engineer, decompile, or disassemble the software code. You may not use anyone else's account at any time without the permission of the account holder. You retain ownership of all your data, created by you and rightfully belonging to you, while properly accessing Licensor's server or services under your login ID. Data can be downloaded from your cloud account as long as you have an up to date valid subscription . Licensor respects your privacy and will not use, sell, rent, trade, or otherwise disseminate or disclose your data to itself or any third party, except as required by law or by your authorized written request or consent. Unless otherwise agreed Licensor does not provide any mail server or sms provider to use ngSurvey's invitations and email, sms related features, Customer must provide its own mail or sms provider.
TERMINATION
If, at any time, Licensor believes you, the Customer, are in breach of any of the terms and conditions contained in this agreement, we may immediately terminate this agreement without liability. Customer accounts including all its data are automatically terminated at the end date of the subscription if its not renewed.
NO WARRANTIES
Licensor makes no warranties of any kind, whether express or implied, for the services to be provided hereunder. You agree that Licensor shall not be liable for any losses or damages of any kind to you, including but not limited to those that may result from service interruptions, delays, non-deliveries, or mis-deliveries. Additionally, Licensor makes no warranties regarding its ability to recover any lost data, lost files, or other information, regardless of how or why the data or file was lost.
BILLING POLICIES
You agree to provide accurate and up-to-date contact information to Licensor at the time you open your account and as long as you use your account or it is active. You can update this information on your "Customer" page .Full or partial invoices will be sent to you in advance of receiving services and will be in accordance with the billing policies and service rates as negotiated and agreed to on a per-project basis with you. You agree to submit payment in CHF (Swiss Francs) funds for all statements upon receipt. Accounts 30 days past due are subject to suspension or termination and a service resumption fee. Cancellation of an account will result in deletion of all of Customer's files and data, including email. You agree that submission of credit card information to Licensor constitutes authorization by you to bill the specified credit card for all fees owed by you to Licensor.
LITIGATION AND ATTORNEY'S FEES
In the event of any dispute arising out of or relating to this agreement, such dispute shall be resolved in the Canton of Genève in Switzerland, and the prevailing party in any such dispute shall be entitled to reasonable costs, including collection costs, and attorney's fees.
PRIVACY
All data collected through surveys or forms created using our Services are owned by you. DIZ acts only as a data processor and Customers are responsible for handling any respondent requests under EU privacy regulation. We dont use any of the collected data through surveys or forms for any other purpose that serving the Services to Customers. Data Relating to Our Customers and Users of Our Sites. DIZ collects information as part of its normal business operations and in the administration of its relationship with Customers, which may include personal information. Customer agrees to our general privacy policy.
ENTIRE AGREEMENT AND SEVERABILITY
This represents the complete agreement and understanding between Licensor and you, the Customer, with respect to the subject matter herein.In the event that any term or provision of this agreement is held by a court to be unenforceable, the remaining provisions shall remain in full force and effect.
Last updated: June 15, 2024