Terms & Conditions

  1.   ACCESS RIGHTS AND RESTRICTIONS

1.1 Access.  Subject to compliance with the terms and conditions of this contract by the customer, agrees QuestionPro hereby acknowledges that the customer has the right to use the QuestionPro- To use the web service in accordance with the applicable guidelines (Appendix 3) for the purpose of creating, distributing and evaluating surveys [QP1]. The service is run on the web server by QuestionPro hosted.

1.2 Limitations.  (I) Reverse engineering, decompiling, disassembling or any other method to reveal the source code, object code or algorithms of the Service is not permitted, nor is (ii) modifying, translating or creating derivative services based on the Service . It is also not permitted to (iii) copy, rent, lease, distribute, pledge, assign or otherwise transfer the Service, (iv) or allow third parties access (with the exception of its end users, as in Section 1 provided). Removing or changing proprietary notices (v) or labels is also not permitted. The customer will only use the service in accordance with (vi) the SOW (Appendix 1) (vii) and the rights granted hereafter and (viii) in accordance with all applicable laws and regulations.

1.3 Ownership.  Except as expressly granted in this Section 1 QuestionPro all rights, title and interests in the service provided. This also applies to data and applications within the service, works and other intellectual property that is owned by QuestionPro is created, used or provided for the purpose of this contract. The customer owns all self-posted content, feedback gained through initiated surveys and other intellectual property that the customer transmits to the service, such as questionnaires, logos, graphics, multimedia elements, etc. As far as the customer receives feedback on the survey service, for example in With regard to usability, performance, interactivity, error reports or the like, the customer grants QuestionPro a non-exclusive, permanent, irrevocable, sublicensable, royalty-free worldwide right to use, reproduce, display and evaluate.

  1.   PAYMENT

The customer pays QuestionPro the usage fees for the service provided in advance in the manner set out in the SOW (“Fees”). The customer undertakes QuestionPro to provide valid, current and complete contact and billing data. All invoices issued under this agreement must be paid within 14 days of the invoice date.

If the customer does not cancel by the last day of the term, the contract is automatically extended by the previous contract term. In the case of annual subscriptions, the fee for the following contract period is due 30 days before the end of the contract. A fee of 1,5% per month or the legally permitted maximum, whichever is the lower, plus all collection costs will be charged for unpaid invoices.

  1. TERM AND TERMINATION

Subject to early termination, this agreement begins on the day on which the claim is made QuestionPro provided services and remains valid until the end of the contract period, even after the contract has been extended.

Both contractual partners can terminate this agreement if one of the contractual partners violates this agreement significantly and does not remedy this violation within 30 days of receiving written notification. Upon termination of this agreement, all rights granted to the customer herein expire. The following provisions will survive the termination of this Agreement: Sections 1.2, 1.3, 2, 3, 4, 4, 6, 7, 8 and 9.

  1. CONFIDENTIALITY

During the term of this agreement, all materials and information exchanged between the contracting parties are considered confidential and may only be used internally for the purposes described below. The obligations under this Section 4 do not apply to information generally made available to the public without breach of this Agreement. Notwithstanding the foregoing, either party may disclose confidential information to third parties to the limited extent necessary to exercise its rights or to fulfill its obligations under this Agreement. The prerequisite for this is that third parties are obliged to maintain confidentiality in writing.

  1. COMPENSATION

The customer will do everything possible to avoid damage QuestionPro-Service, such as claims, lawsuits, settlements, judgments, damages, losses, liabilities, costs and expenses (including attorney's fees) arising out of or in connection with Customer Content submitted to the Service by the Customer or its end users (including Customer Content that violates the rights of third parties or otherwise violates laws or regulations); provided that QuestionPro Provide the Client with (i) immediate written notification of all claims and threats thereof, (ii) sole control of all defense and resolution activities, and (iii) any assistance reasonably requested in relation to them. QuestionPro will indemnify the customer from all claims by third parties (and all resulting damage attributed to third parties, as well as from costs and expenses, including reasonable legal fees) that may result from any breach of duty due to the use of our service, provided that the customer QuestionPro (iv) immediately informed in writing of the breach of duty and the claims and demands resulting from it. QuestionPro is not responsible for injuries to third parties resulting from the service, if these are not reported in writing beforehand in good time and in detail.

  1. WARRANTY, DISCLAIMER

QuestionPro warrants that it will use all commercially reasonable efforts to (i) provide the service in accordance with the support terms and conditions attached as Appendix 2 and (ii) any demonstrable deficiencies in the service that QuestionPro are known to be resolved immediately. WITH THE RESTRICTION OF THE EXCEPTION EXPRESSLY SET OUT IN THIS SECTION 6 QUESTIONPRO ALL WARRANTIES, EXPRESS OR IMPLIED, ABOVE. QuestionPro does not guarantee any results obtained by using the service.

  1. LIMITATION OF LIABILITY

Notwithstanding provisions to the contrary, with the exception of personal injury, neither party shall be liable in relation to any subject matter of this Agreement under any theory of law or equity for errors (i) or interruption of use, loss or inaccuracy or falsification of data, for the costs of obtaining replacement goods , Services or technologies; (ii) for indirect, punishable, incidental consequential damages, even if either party has been informed of the possibility of such loss or damage; (iii) for events beyond the control of that party; for (iv) overpaid amounts or fees that the customer does not reclaim within the contract period. The limitations of liability contained herein do not apply to violations of Clauses 1.2 or 4.

  1.   Non-solicitation

Up to one (1) year after termination of this agreement, the customer will not become an employee or consultant of QuestionPro encourage or request QuestionPro to leave for some reason.

  1.   ESSENTIAL LICENSE / ADVANCED EVALUATION / ENTERPRISE EVALUATION / STUDENT & ACADEMIC SPONSORSHIP

Provides for simple surveys or for archival purposes QuestionPro provides its users with a free essential version. However, this only contains basic functions that can be used to record up to 1000 responses.

Further information: In the event of a conversion (downgrade) of the QuestionPro User accounts from a commercial license (e.g. ADVANCED, Enterprise, Workforce, CX, XA, Community, Audience, NPO) or from one of the free evaluation licenses (ADVANCED Eval / ENTERPRISE Eval) or one of the Academic Sponsorship versions (Student, Academic Sponsorship) on the ESSENTIAL version, all previously used functions are omitted and are only limited to the basic functions of the Essential license. Full access to the survey data may, in the case of earlier use of functions of the higher-value license, only be possible to a limited extent or not at all. The Essential license can be upgraded at any time so that access is possible again.

When using one of our free user accounts (e.g. ESSENTIAL, ADVANCED Eval, ENTERPRISE Eval, Student Sponsorship, Academic Sponsorship) there is no entitlement to the use of the functions provided or to the survey results themselves. The provision is voluntary and not guaranteed. A termination or restriction of use can be effected for these free licenses at any time QuestionPro respectively. A legal claim is excluded. The application of the regulations of the GDPR within our European data center is guaranteed in any case.

It is not permitted with the 14 day evaluation license from QuestionPro conduct a survey in such a way that it transcends the character of a test survey. Please also bear in mind that survey data that you have carried out with question types that are not included in the Essential variant will not be available after the test phase has expired. You will not lose this data, however, you can only access data again if you have the corresponding license variant licensed.

  1.   VARIOUS

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited to the minimum necessary or waived so that this Agreement will otherwise remain in full force and effect and thus enforceable. This Agreement is not transferable by either party with prior written consent, provided that any party transfers and assigns its rights and obligations under this Agreement to a successor to all or substantially all of its assets or business to which this Agreement relates without consent can. This Agreement is the full and exclusive declaration of mutual consent of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. All waivers and changes must be signed in writing by both parties. No agency, partnership, joint venture or employment is created by this agreement and the customer has no authority QuestionPro tie in some way. With the exception of injunctive relief or equitable claims or claims relating to intellectual property rights (which can be asserted in any competent court), all disputes arising from this agreement will be heard at the place of jurisdiction in Berlin.

11. Changes to the Services Provided

QuestionPro is constantly renewing and developing the services it provides in order to offer our users the best possible experience. You acknowledge and agree that the form and nature of the Services are subject to change from time to time without notice. Changes in the form and type of the services may include, without limitation, the change or removal of a functionality or an aspect of the services. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuation of any part of the Services. You also agree that we may restrict certain features and services or restrict your access to parts of the services without notice or liability. (If you use our free subscription, for example, you will not enjoy all the advantages that subscribers of the paid QuestionProSubscriptions are available).


ANNEX 1

Description of services

(statement of work)

("SOW")

Initial subscription period / term:

  1. The initial subscription period is twelve (12) months.
  2. The first subscription period begins on the effective date.
  3. The payment deadline is 14 days net from the invoice date.

 

ANNEX 2

QuestionPro Service Level Agreement

(“SLA”)

QuestionPro will make all economically justifiable efforts to provide the service to the customer with a percentage of at least 99,95% within the service period (see below). The operating time is calculated by QuestionPro. In case that QuestionPro If the availability obligation is not met, the customer can request a credit for an additional and free month of use as the only legal remedy.

Not available means that the customer has no connection to the service for a period of 5 minutes.

The Uptime Percentage is calculated by subtracting the percentage of 5 minute periods during the Uptime Calculation that the Service was in an unavailable state, excluding downtime that is directly or indirectly derived from “Service Level Exclusions ”result.

“Service Level Exclusions” are downtime that may not be deducted when calculating a Downtime Percentage, including (i) downtime caused by factors beyond the control of QuestionPro including force majeure and problems outside of the demarcation point of the QuestionPro-Server lie; (ii) downtime resulting from acts or omissions of the customer or a third party; (iii) downtime due to regular maintenance or patch builds; (iv) Downtime as a result of upgrades or maintenance work on the Service itself for which QuestionPro previously distributed a notification; (v) Downtime resulting from the suspension and termination of Customer's right to use the Service in accordance with the contract or policies of QuestionPro result.

The term calculation period is the period of 365 days immediately preceding the date on which the customer sends a confirmed complaint by email to his account manager. If the customer has been using the service for less than 365 days, the runtime calculation period will still apply as the previous 365 days, but all days before the customer becomes a paying user are considered 100% available. A failure that occurred before a service credit was successfully used cannot be used for future claims.

QuestionPro will make every effort to limit scheduled maintenance work to periods of low traffic. Any major upgrades or scheduled maintenance to the service from QuestionPro will be announced via email notification.  

Any complaint must be received by the account manager within 30 days of a complained about non-availability event. The claim must contain (i) the text “SLA CLAIM” in the subject line, (ii) the dates and times of each claimed unavailability event, and (iii) logs or documentation confirming the customer's complained unavailability.



ANNEX 3

USAGE GUIDELINES

ANTI-SPAM AND E-MAIL POLICY.

QuestionPro expressly forbids any SPAM (the term “SPAM” stands for the sending of unsolicited e-mails to third parties that are unknown to the sender). If the customer turns out to be using the service for SPAM, the customer's account will be terminated immediately. The service may only be used in connection with email lists for which recipients have voluntarily registered. The use of the service to send e-mails to an address that the customer receives without the consent of the recipient constitutes a violation of these terms of use. The customer is prohibited from importing e-mail addresses of people who are not themselves have expressly and clearly decided to receive mailings from the customer. The customer only sends emails to people who have willingly signed up to receive customer mailings. If QuestionPro Receives complaints about the customer's activities under this policy, the customer's account may be terminated immediately. The customer will not send any emails under a company or organization name other than their own company / organization, and the customer will not send any emails with fraudulent or misleading header or source information. All e-mails sent via the service must be sent expressly for the purpose of collecting data as part of the feedback process. Sending e-mails via the service outside of obtaining feedback constitutes a violation of these terms of use. The customer is fully responsible for the content of his messages and the consequences of such messages. QuestionPro assumes no responsibility or liability for messages or other content created by the customer. Customer may not send, post, distribute or distribute defamatory, obscene or otherwise unlawful messages, materials or information, including any other person's proprietary information (including trademarks, trade secrets or proprietary information), without the express permission of the rights holder.

VARIOUS

The customer may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, programs, algorithms or methods or similar or equivalent manual processes (i) to access parts of the service to copy or monitor it; (ii) reproduce in any way the navigation structure or presentation of the Service. (iii) The customer will not attempt to gain possession of any material, document or information in any way that is not explicitly made available for the service. In addition, the customer may not use any device, software or other routines to disrupt or prevent the proper functioning of the service or transactions that are processed via the service. QuestionPro reserves the right to block such activities.

The customer is not entitled to access (i) any part or function of the service, (ii) systems or networks connected to the service, (iii) any QuestionPro-Server or (iv) to procure any of the services offered on or through the Service through hacking, password mining or other unlawful means.

The customer may not check, scan or test the vulnerability of the service or a network connected to the service, nor violate the security or authentication measures of the service or a network connected to the service. The customer may not provide any information about any other user or visitor to the service or any other customer of QuestionPro trace back or attempt to trace, or use the service or a service or information provided or offered by or through the service for your own purposes.

The customer may not take any measures that would place an unreasonable or disproportionately high load on the infrastructure of the service or the systems or networks of QuestionPro or the systems or networks connected to the service. In the event of such promotions, reserves QuestionPro the right to take measures to ensure the quality and availability of the service to everyone else QuestionPro-Users to seize.

The customer may not forge headers or otherwise manipulate identifiers in order to disguise the origin of a message or a transmission. In connection with the service, the customer may not pretend (e.g. by imitation) that the customer is another natural or legal person. In surveys that are sent in connection with the service, the customer must not attempt to include identifying footers such as “Powered by QuestionPro”Or similar messages.

The customer is prohibited from using the service in a way that affects the image or the rights of QuestionPro, other customers or third parties.

The customer is prohibited from transmitting sensitive personal data or personal health information via the service.

The QuestionPro GmbH reserves the right, at its own discretion, to change customer content that, in the opinion of QuestionPro to remove, modify, prevent access or refuse publication in violation of the general agreements, these Terms of Use or the law.

Data protection officer in accordance with Section 38 of the Federal Data Protection Act (BDSG) and Article 37 of the General Data Protection Regulation (GDPR)

Felix Bornstein
ISICO Data Protection GmbH
At the Hamburger Bahnhof 4
10557 Berlin
privacy@questionpro. De
Tel: 49 30 91607401
Fax: +49 30 91607402

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Platform for market research and experience management

Terms of use of QuestionPro

Cookie Notice

This website uses cookies to improve the use and optimize the content. User interactions are evaluated anonymously. By continuing to use the website, you consent to the use of cookies. Data protection declaration of QuestionPro Imprint - QuestionPro GmbH

Make a selection to continue

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additional information

Explanations

In order to continue you will need to make a cookie selection. Below is an explanation of the different options and what they mean.

  • OK:
    All cookies, including tracking and web analysis cookies, are accepted. IP addresses are anonymized in any case.
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    No cookies are set, apart from the cookie that saves your selection and cookies that are necessary for the operation of the website, such as session cookies. Personal data is not recorded or saved in the process.

If you would like to use this website entirely without cookies, please deactivate the cookie setting in your browser. You can change your cookie setting here at any time: Data protection declaration of QuestionPro. Imprint - QuestionPro GmbH

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