You represent and warrant that you have the full authority to act on your behalf, on behalf of any organization you purport to represent, and on behalf of any and all owners of any right, title and interest in and to any Personal or Confidential Information (defined below) you post, submit, transfer, make available, or link to. You must be of the age of majority in India and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this agreement, and to abide by and comply with this agreement and have obtained all necessary third-party consents, licenses and permissions necessary to enter into and fully perform your obligations herein.
These terms and conditions are governed by and construed in accordance with the laws of New Delhi and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the provisions that most closely match the intent of the original provision and the remainder of the agreement shall continue in effect.
Upon acceptance of this agreement, you grant Vizz Media (Survtapp) a royalty-free, transferable license to use, reproduce and represent the trademarks and logos of you or your client, on whose behalf you are using the services provided by Survtapp, on all documentation promoting the products and services of Survtapp. Survtapp shall seek prior authorisation from you for any press release.
Unless otherwise indicated, this agreement constitutes the entire agreement between you and Survtapp.
This agreement will inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns, as the case may be, of Survtapp.
REPRESENTATION AND WARRANTIES
You acknowledge and agree that your use of the Services is solely at your own risk and the Services are provided on an "as-is" and "as available" basis. Further, Survtapp does not represent or warrant that"
1. Your use of the Services will match your requirements;
2. Your use of the services will be uninterrupted, bug-free, timely, secure or free from error;
3. Any information obtained by you as a result of your use of the Services will be accurate, reliable or without error; and
4. That defects in the operation or functionality of any software provided to you as part of the services will be corrected.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your mobile devices or computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Survtapp or through or from the Services shall create any warranty not expressly stated in the terms. Survtapp further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
DATA STORAGE & RETENTION
Your account data will be stored in your Survtapp account as long as your Survtapp Subscription is active.
If you delete your data (by deleting a survey, un-publishing a survey, deleting a response, changing an account subscription, etc.) or cancel your account, the system will remove your data permanently from the primary database servers immediately.
On a weekly basis, we create a backup of all data in our system, which is retained for 7 days, after which it will be removed permanently from all our systems. This backup is for Survtapp's internal use only and only in the case of disaster recovery or to maintain business operations in the case of an emergency.
We will not accommodate requests for restoring data from our backup systems unless there is data loss due to a system or hardware failure on our part.
1. Fees for service
You agree to pay to Survtapp any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law
Some of our Services are billed on a subscription basis (we call these â€œSubscriptionsâ€). This means that you will be billed in advance on a recurring, periodic basis (each period is called a â€œbilling cycleâ€). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew
Unless otherwise stated, you are responsible for any taxes (other than Survtappâ€™s GST @ 18%) or duties associated with the sale of the Services, including any related penalties or interest (collectively, â€œTaxesâ€). You will pay Survtapp for the Services without any reduction for Taxes. If Survtapp is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Survtapp with a valid tax exemption certificate authorised by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. Survtapp will not charge you Service Tax if you provide us with Service Tax Exemption Certificate issued by a taxing authority in India. If you are required by law to withhold any Taxes like Tax Deducted at Source ('T.D.S') from your payments to Survtapp, you must provide Survtapp with an official tax receipt i.e. Tax Deducted at Source Certificate support such deductions.
4. Price Changes
Survtapp may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Survtapp will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
5. Overage Fees
Unless otherwise stated, any overage fees incurred by you will be billed in arrears on a monthly basis. Overage fees which remain unpaid for 7 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.
6. Number of Users
Survtapp is provided to a Client account with a number of user licenses which are valid as per the plan the Client has selected. The client has to adhere to usage policies where only the given number of active users in a client account can use the Survtapp App and/or Survtapp services on their device as long as the client account's subscription is valid. The Survtapp software does not allow usage of a license on a device which has already used an existing license from an existing Surtvapp's Client's account. In order to purchase more users, the client must contact the Survtapp sales team for addititional purchases.
7. Subscription Upgrades & Downgrades
A client's Survtapp account can be upgraded to add more users or downgraded to remove a number of users. The client is required to pay an upgradation fee automatically on the basis of the total number of users the client would have. The total fee the client would have to pay to increase a number of users, shall be calculated on a pro-rata basis of the remaining valid days left in the client's account start date. Survtapp records the devices used in a client's account and does not allow a new client to use the same device for another account. In case the client happens to use a device which was previously using another Survtapp user license, please write to support [at] survtapp [dot] com to release the unique ID of the device stored in the Survtapp device validation database.
Survtapp is unable to provide refunds for a subscription to a plan which is paid on a monthly basis. However, a subscription may be cancelled at any time. Subscriptions that are cancelled before the next billing period will not be provided a refund for the current billing period. Subscription cancellations will take effect immediately and may result in a loss of data and/or services related to the cancelled subscription.
LIMITATION OF LIABILITY
Subject to the provisions in the paragraphs above, you expressly understand and agree that Survtapp shall not be liable to you or to any third party for:
1. any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss; and
2. any loss or damage which may be incurred by you including, but not limited to loss of damage as a result of:
(i) any reliance placed by you on the completeness, (ii) accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
(ii) any changes which Survtapp may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(iii) the deletion of, corruption of, or failure to store any content and other communications data maintained or transmitted by or through your use of the services;
(iv) your failure to provide Survtapp with accurate account information; and
(v) your failure to keep your password or account details secure and confidential.
The limitations on Survtapp's liability to you in the paragraph above shall apply whether or not Survtapp has been advised of or should have been aware of the possibility of any such losses arising. In no event shall Survtapp's entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards the Services.
In no event shall Vizz Media or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Vizz Media's website, even if Vizz Media or a Vizz Media authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
You may use Survtapp and the Services only for lawful purposes. You may not use our site or Services in any manner that:
1. breaches any applicable local, national or international law or regulation;
2. in any way, is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
3. harms or attempts to harm minors in any way;
4. will reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Survtapp; or
5. will abuse either verbally, physically, written or other abuse (including threats of abuse or retribution) of any Survtapp customer, employee, member, or officer
and any of the foregoing will result in immediate account termination.
You represent and warrant that you will not use the Service to upload, post, link to, 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 or hardware or any telecommunications equipment. Nor will you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You further represent and warrant that you will not disrupt the functioning of the site, in any manner.
ACCURACY OF MATERIALS
The materials appearing on Vizz Media website could include technical, typographical, or photographic errors. Vizz Media does not warrant that any of the materials on its website are accurate, complete or current. Vizz Media may make changes to the materials contained on its website at any time without notice. However Vizz Media does not make any commitment to update the materials.
Vizz Media has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Vizz Media of the site. Use of any such linked website is at the user's own risk.