Terms of service

Point Surveys is owned by sixpoints - Jedrzej Koronowicz, polish company incorporated under the laws of the Republic of Poland, with its registered office at Dywizji Wolynskiej 85, 80-041 Gdansk, Poland, Tax Identity Number: PL5842612410, (“Point Surveys”, “we”, “us”) is the service provider of the Point Surveys Service (“Service”).

The Service is a business-to-business service only. We conclude agreements only with customers who subscribe to the Service for purposes relating directly to their trade, business or profession. These Terms of Service set the rules for the use of the Service by our Customers. By clicking the button to "Sign up" to the Service you (“you” or the “Customer”) accept these Terms of Service and undertake to use the Service in compliance with the provisions of this document. You should retain a copy of these Terms of Service for your records as upon your subscription they constitute a legal agreement between you and Point Surveys. If you do not agree with any of the provisions of this document, you may not subscribe to and use the Service. We reserve the right to reject your subscription for any or no reason as long as it is not an unlawful reason.

  1. Service access
    1. General
      1. Under the Service we provide you with an access to a web-based platform in SaaS (Software-as-a-Service) model with tools for creating, sharing and anaylsing online surveys.
      2. The detailed scope of Service features available to you under your Subscription Plan is provided in the pricing.
      3. You may use the Service to send email invitations to survey only to those recipients who have given you permission to add them to your mailing list and have not subsequently withdrawn such permission (“Subscribers”).
    2. Account
      1. In order to use the Service and manage your surveys you must create an individual account in the Point Surveys platform (“Account”). The Account may be accessed only with the use of your login credentials. You are responsible for keeping your login credentials confidential. You are also responsible for any use of your Account, especially for any activity of your Account users (“multi-users”). Certain features of the Service enable you to specify the level at which the Service restricts access to the Account. You are solely responsible for applying the appropriate level of access.
    3. Free trial
      1. Point Surveys offers a 14-day free trial version of the Service ("14-Day Free Trial"). Within the §4-Day Free Trial you may access features of a specific account. It may also be limited in other ways. You may create only one Free Trial Account. You may upgrade the 14-Day Free Trial to a paid version at any point. However accounts which have not been upgraded to a paid version within the trial period or within 50 days after the trial period ends, will be permanently disabled.
    4. Upgrade
      1. You may upgrade your Subscription Plan or order an add-on at any time. If you purchase an add-on during your subscription period we will align your add-on billing cycle with your Account plan monthly cycle, so that the payment dates of your services subscriptions are in line. The first time payment for the add-on will therefore be calculated in proportion to the number of days left to the end of the monthly cycle in your Account subscription.
  2. Technical requirements
    1. We assure that the Service will operate with the latest official version of Internet Explorer, MS Edge, Mozilla Firefox, Google Chrome and Safari. In order to use the Service it is necessary that you have a device that allows you access to the Internet, have an email and a website browser installed and with "cookies" and JavaScript enabled, as well as email. You expressly agree that the quality of a file sent, posted, streamed or otherwise published using the Service might differ from the uploaded stream, in order to conform and adapt to standards of transferring data, connecting networks, devices or requirements of the Service.
  3. Use of service
    1. Upon successful registration you subscribe to the Service and agree to:
      1. observe these Terms of Service as well as the Privacy Policy or their amended versions and any other policy developed, published and formulated by Point Surveys in connection with the Service;
      2. use the Service for purposes directly related to your trade, business or profession;
      3. maintain and promptly update your contact details so that they are as current, complete and accurate as possible;
      4. send through the Service only such materials that you have full rights to use and publish on the Internet;
      5. conform to the rules relating to sending out emails, in particular, commercial emails and the processing of personal data which are in force in the country of your residence;
      6. keep the secrecy of login credentials provided to you;
      7. receive commercial information about the products and services of Point Surveys.
  4. Payments
    1. You are obliged to pay in due time all fees for the use of the Paid Service according to the pricing option you have chosen. We offer monthly, annual subscription. The current pricing offer is available at www.pointsurveys.com. We also provide a free plan with no obligation to pay.
      1. Access to the Paid Service is provided to you after we have received the subscription fee calculated on the basis of the Account plan you have chosen (pre-paid subscription). Where appropriate, tax on goods and services (VAT) will be added to the payment price in accordance with currently effective rates.
      2. You may pay for the Service using a credit card, however, please note that payment methods may vary depending on the country of the user. If you choose to pay fees with a credit card you agree to pay them in the form of a recurring payment, under which the subscription fee is deducted automatically basing on the Account plan you have chosen. The recurring payment is initiated on the first day after the expiration date of the previous subscription ("recurring payment date"). If the recurring is unsuccessful at that point, we will retry to complete the payment transaction in the following days and, if the completion of the transaction is unsuccessful, we will assume that the Service is terminated. In the event that the credit card you provided us expires or any credit card information changes or becomes out of date, in order to procure continuity and avoid Service interruptions, you authorize us to obtain or determine updated or replacement information, in particular expiration dates or credit card number and continue billing on the same terms as the previously provided credit card. We are not responsible for any fees charged by payment services providers.
      3. We will issue an invoice for the Service within 30 days of receipt of each payment. You expressly agree to receive invoices from us by electronic means of communication. For settlement purposes it is assumed that a month has 30 days, a year has 360 days and two years have 720 days.
      4. We reserve the right to change the fees for the Service and add-ons at any time by posting a new pricelist to Point Surveys Pricing. The new pricelist applies to all new Accounts and upgrades.
  5. Prohibited practices
    1. You are not allowed to use the Service in a manner that, either intentionally or unintentionally, violates any applicable local, state, national or international laws, good industry practice, these Terms of Service or any copyright or other right of a third party. This rule applies also to the Content used within the Service.
    2. You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service, or to surreptitiously intercept any system, data or personal information from the Service nor any website owned or controlled by Point Surveys. You may not take any action that imposes unreasonable or disproportionately large load on the website network or other our service infrastructure.
    3. You may not send any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation.
  6. Content
    1. All and any information, data, texts, graphics, logos, video, music or other materials that you post, upload, send or otherwise make available using the Service, in particular on your survey, or that your survey Participants upload, post are your sole responsibility. This includes also any links to other websites or resources or other third party services that you use.
    2. We do not claim ownership of the Content and you retain all right, title, and interest in and to your Content, with the exception of the materials which you take from our resources, in particular from collection of predesigned templates. You agree that we can present your survey in our marketing materials, in particular case studies.
    3. You are entitled to use materials that we render available to you solely to use the Service for its intended purpose, notwithstanding whether such materials are paid or free, customized or standard. Please note that our resources may include materials which are subject to third party’s copyright. You acknowledge and agree that we have the right at any time and at our sole discretion to remove such materials from our resources, disable access to such materials or demand that you immediately stop using them, in particular in survey theme. If you do not satisfy our demand we will be entitled to delete such materials at our sole discretion, with no liability on our side. In aforementioned situations you will not be entitled to any reimbursement of any amount paid by you to us.
    4. If you post, upload, send or otherwise make available the Content through third parties or which belong to a third party, you are obliged to adhere to such third party’s terms and conditions of service or license, irrespective of your obligations resulting from these Terms of Service. You acknowledge and accept that we may preserve the Content and disclose it if we are required to do so by law or if it is necessary to enforce these Terms of Service, a court order or a decision of a competent public authority, respond to claims that any Content or the activity of your landing page visitor or Participants violates the law or the third party’s rights.
  7. Customer Service
    1. We provide Customer Service via Email. When requesting customer service or submitting complaint, you should provide at least your account name and e-mail address - we do not reply or take any action based on "anonymous" support requests. Customer Service contact details are available at Point Surveys.
    2. Most customer service enquiries are responded within 24 hours on business days. You have the right to be advised about the processing status of your support request or complaint.
    3. Under certain subscription plans we offer assistance of our Account Managers.
  8. Cancellation
    1. You may cancel your Account at any time. An email or phone request to cancel your Account is not considered cancellation.
    2. Please note that if you cancel your Account, your subscription will be on grace period till the end date of billing. When you are on grace period you can resume your subscription.
  9. Termination
    1. We reserve the right to terminate or suspend the Service with immediate effect and refuse any and all current or future use of the Service in the event that you violate any of the provisions of these Terms of Service.
    2. Unless otherwise stated in these Terms of Service the amounts paid by you under these Terms of Service are non-refundable. Therefore, termination of the Service does not release you from the obligation to pay all and any fees already due as per our Refund Policy.
    3. We reserve the right to terminate the Customer’s subscription to the Service at any time without cause, with immediate effect, without incurring any liability in this respect, except that we will refund a pro rata portion of any prepaid amounts for the subscription to the Service.
    4. Termination, suspension as well as downgrade of the Service or any of its parts or features may affect your Account, created surveys, collected data and other information, etc. Please remember that once the Service or any of its parts or features are terminated, suspended or downgraded, certain processes that took place with respect to your Account, created surveys, collected data and other information, cannot be reversed, and Point Surveys shall bear no responsibility for consequences resulting therefrom.
  10. Refund policy
    1. 14-Day Free Trial: this version of our Service requires no credit card for signup. This gives you a zero-risk way to try our Service for 14 days. If you decide to upgrade at any time during the 14-Day Free Trial, the free trial ends and your Account is upgraded to a Paid Account.
    2. Paid Account: When you purchase a Paid Account or upgrade from a 14-Day Free Trial to a Paid Account, the Point Surveys billing system charges your credit card for the initial billing period. After that, the billing system automatically renews your Account every 30 days, (every 360 days if you choose the annual plan or 720 days if two-year subscription is chosen) and charges the appropriate amount to your credit card.
    3. Cancellation/Termination: if you cancel your Account or if we terminate the Service for violating these Terms of Service, no further amounts will be charged to your credit card. However, you are responsible for any amounts already charged to your credit card.
    4. Refunds: our Service is a pay-as-you-go service. Therefore, we do not issue refunds, even if you cancel your Account immediately after your credit card is charged for the new billing period. For example, if we charge your credit card on May 3th, and you cancel your Account on May 7th, you are still responsible for paying for the entire month (or year, if you have selected an annual plan.) No subsequent charges are applied to your credit card, but the amounts already charged are not refunded.
  11. Privacy
    1. Our data protection practices are set forth in our Privacy Policy that is available at www.pointsurveys.com and which forms the integral part of these Terms of Service.
  12. Copyright and Trademarks
    1. The Service, Point Surveys software, as well as the content included on the www.pointsurveys.com, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Point Surveys or its content suppliers and protected by Polish, E.U., U.S. and international copyright laws. No part of this website may be reproduced or transmitted in any form or by any means without express written consent of the authors, except as specifically provided and allowed by us.
    2. Point Surveys is a registered trademark of Point Surveys in the Republic of Poland and other member states of the European Union, as well as in the United States and other countries. The trademarks may not be used in conjunction with other entities' products or services in any manner that may cause confusion among customers and potential customers, or in any manner that discredits Point Surveys, its products and/or services.
  13. Service accessibility
    1. We do not guarantee any minimum response times or delivery times in connection with performance of the Service. We may, at our sole discretion and without liability, change or modify the features of the Service or modify or replace any provided equipment, or software used to deliver the Service, provided that this does not have a material adverse effect on the Service. We may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service without previous notice given to you and without any liability on our side. However, in the event of scheduled maintenance that would last for more than one day, we will use reasonable efforts to give you at least one day's notice. Scheduled maintenance will be carried out with an aim to minimize business interruption.
    2. We also reserve the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the www.pointsurveys.com website, at any time without prior notice.
  14. Disclaimer of Warranties. Limitation of Liability
    1. You acknowledge that Point Surveys provides the Service and the website on “AS IS” basis without warranties of any kind, either express or implied. Particularly, Point Surveys disclaims any warranty of title, merchantability, non-infringement or fitness for a particular purpose.
    2. You are solely responsible for your use of the Service and our websites, particularly for all and any surveys and email invitations which you send through the Point Surveys platform. It is your sole duty and responsibility to backup all your files and data stored on our servers and under no circumstances will we be liable for any loss or damage due to loss of your files and/or data stored on our servers.
    3. Point Surveys is not responsible for:
      1. actions and omissions of third parties (including Account users and Participants), especially using the Account by a third party taking the advantage of login details obtained from you or in other circumstances beyond Point Surveys reasonable control;
      2. failure of external conditions and networks which are necessary to use the Service and are beyond Point Surveys reasonable control;
      3. problems of any kind with features used within test versions, in particular but not limited to beta-test versions;
      4. insufficient or fluctuations of the bandwidth used by Customer or Participant which may affect Content quality.
    4. To the maximum extent permitted by law, Point Surveys, its employees, directors, officers or representatives shall not be liable for any direct, indirect, punitive, special or consequential damage or loss (even if Point Surveys has been advised of the possibility of such damage), howsoever caused and irrespective of the nature of the cause of action, demand or claim by the Customer. Point Surveys entire liability, regardless of the form and cause of action, in any event is limited to the aggregate amount paid by the Customer for the Service in one month immediately preceding the date the Customer notifies Point Surveys of such a claim, or in the aggregate, in respect of all claims under or related to the Services provided by Point Surveys to the Customer. The Customer hereby releases Point Surveys, its employees, directors, officers and representatives from any and all obligations, liabilities and claims in excess of the aforementioned limitation.
    5. Neither party shall be responsible for any delay or failure in performance of their obligations under these Terms of Service due to Force Majeure or other occurrences that are beyond reasonable control of the party in default or failing to fulfil their respective obligations. By Force Majeure the Parties understand an exceptional occurrence, caused by an external factor which cannot be foreseen and which could not be prevented. Force Majeure occurrences include in particular: war, natural disasters, strikes, breakdowns, DDoS attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, activities of entities that affect the provision of the Service, and whose activity is independent of the Parties.
    6. You agree to indemnify and hold Point Surveys, its employees, directors, officers, co-operators and representatives harmless from any and all claims, losses (either direct or indirect), damages, expenses, including but not limited to attorney fees basing or arising from (i) your failure (or any individual using your username details) to comply with your obligations under these Terms of Service or (ii) violation of any law, or of the rights of any third party by you, your landing page visitor or Participant, or (iii) your use of the third party services or integration of the Service with the third party services, or (iv) Participant’s Content and activity. We will notify you as soon as reasonably practical of any such claim, demand or cause of action for which we will require indemnification from you.
  15. Final Provisions
    1. Point Surveys Privacy Policy constitute an inherent part of these Terms of Service. If any provision of these Terms of Service or of any supporting document is invalid or unenforceable under the law of any government having jurisdiction, it shall not affect the legality, validity and enforceability of any other provisions hereof and such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent. Point Surveys reserves the right to change any of the provision of these Terms of Service as well as any supporting documents at any time by posting the revised document on Point Surveys website and/or by sending an email to the last email address you have given to Point Surveys. These Terms of Service and supporting documents shall be effective immediately with respect to any continued or new use of the Service, unless you terminate these Terms of Service within 10 (ten) days. The most current version of these Terms of Service is available at www.pointsurveys.com. Should you wish to assign rights and obligations arising from the agreement to a third party, this may only be possible with our prior consent. This Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction. The law of the Republic of Poland and the court of local jurisdiction of Point Surveys shall be the governing jurisdiction.

The Terms of Service in this version are valid from April 1, 2017.

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