Terms and conditions

Survio is a web-based service/product, which is the property of and is supported by „Survio s.r.o.“, a company based in Hlinky 70, Brno 603 00, Czech Republic.

The present Terms and Conditions regulate the Use of all Survio’s products and services, including the “survio.com” website and its content. It contains several documents such as Survio’s Terms of Service (TOS) and Privacy Policy.

BY USING SURVIO’S WEBSITE (INCLUDING ITS CONTENT) AND/OR PRODUCTS AND/OR SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS THAT FOLLOW, TO ANY POLICIES THAT MAY BE ADDED TO THEM, AND TO ANY REVISIONS OR CHANGES THAT THEY MAY BE THE SUBJECT OF. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, OR YOU DO NOT WISH TO BE BOUNDED BY THEM, DO NOT USE SURVIO’S WEBSITE, PRODUCTS OR SERVICES. Survio s.r.o. reserves the right to, at any time, update the Terms and Conditions, at its discretion, to take into account legal, industry-related, or any other changes in the status quo. The most recent updated version of this agreement is available on the “survio.com” website. Survio s.r.o. will notify Users of an update to Terms and Conditions via e-mail at least 10 days before new TOS are being published. Hence, We strongly encourage all Users to fully read this agreement and review it regularly. The documents are in effect upon the date of their last update.

TERMS OF SERVICE

The Survio’s website, its contents, products and services are available to all individuals of legal age, who are legally capable of entering into contracts (binding agreements). Proof of compliance to these criteria may be requested upon access to all (or some) services and/or products, in the form of identification details or contact information.

These Terms of Service are established between Us and Users. No other person is entitled to benefit under these.

If any court or regulator decides that any provision of these Terms of Service is invalid or otherwise unenforceable, such provision shall be severed and deleted from these TOS and the remainder terms and conditions shall continue to have full force and effect.

If TOS are inconsistent with the terms and conditions noted on Your registration with Survio (if applicable) the TOS shall prevail, unless otherwise specified on additional documentation supplied by Survio’s Customer Care department.

1. Definitions

Wherever found in the Terms and Conditions, ”You”, “Yourself” and “User” refers to you, the user of the Survio’s website, its contents, products and services, and “Your” shall be interpreted accordingly. Moreover, “We”, “Us” and “Survio” refer to Survio s.r.o. and “Our” and “Survio’s” shall be interpreted accordingly. “User Information” refers to the personal details that may be collected by Us on Survio.com and/or in the course of the registration and/or acquisition to/of any Survio’s services or products. “Our Website” refers to the website “survio.com” and all webpages associated to it. However, “Survio Survey” refers to Surveys of Our Users, hence created using the system Survio. “Third Party” refers to any person/entity/company that are not associated to Survio s.r.o.

2. Services Available

2.1 Free Version
Survio’s basic tool for creating surveys is absolutely free of charge to each and all Users.
Here you can review the functions of the Free version.

2.2 Premium Services
For detailed information see this comparison of Our Premium Services.

3. Paid Services

3.1 Prices
All of the services have a set price or a range of prices, according to the characteristics of the work required and the time devoted to accomplish it. These prices may be subject of adjustments to take into account market changes, or be temporary substituted by special/promotional prices. The values are set in the local currency, or in United States Dollars (USD). To review our price table please click here. All visible prices (on our website, pricing page, application, etc.) do not include VAT, which is determined based on the user’s billing country. The final price of Premium Services can be seen on the purchase page, before payment is completed.

3.2 Acquisition of Premium Services
All of Our Premium Services are available at the Administration of Your Survio account, but can also be accessed at Plans & Pricing or full Feature List. For further information or to purchase one of Our Premium services, You can contact Our Customer Care.

4. Contract Duration and Cancellation

4.1 Contract
The contract of the service will be made at the time the user accepts the conditions and makes payment.

4.2 Contract Duration and Cancellation
The contract shall be automatically renewed for monthly or annual periods, depending on the period contracted, unless the User, at any time, decides to cancel the contract through the Administration of Survio account (please refer to Article 5 - Payments/Fees and Refunds).

Thirty days after the cancellation or expiration of the contract, Survio has the right to irrevocably delete all data provided by the customer, including the questionnaires, survey participants and survey results without prior notification.

5. Payments/Fees and Refunds

5.1 Our Payment Processors
We use a third party payment processors (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Processors are

a) cleverbridge AG, and your payments are processed by cleverbridge AG in accordance with cleverbridge’s Terms of Service and Privacy Policy, and

b) Stripe Payments Europe Limited, and your payments are processed by Stripe Payments Europe Limited in accordance with Stripe’s Terms of Service and Privacy Policy.

Note: You can determine the payment processor that processed your payment by the designation on the invoice you received. Invoices marked FVS-(...) indicate that your payment was processed by Stripe Payments Europe Limited, invoices marked AKD-(...) or BKD-(...) indicate that your payment was processed by cleverbridge AG.

We don’t control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

Note: Anytime you have any questions / requests regarding your payments marked with a AKD- or BKD- prefix, you are encouraged to contact cleverbridge AG customer care. For questions / requests regarding payments marked with a FVS- prefix, please contact directly our Customer Support.

Survio has no access to payment related data (for more information about payment methods and security please refer to paragraph 5.7).

5.2 Fees
You can access certain portions of the services by submitting a fee payment (such additional services, “Premium Services”). For example, to upload of your logo to survey, you’ll need to pay a subscription fee. Premium Services will remain in effect until cancelled or terminated in accordance with this TOS. We’ll tell you about fees for Premium Services before charging you. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Administration of Your Survio account, under “My Account” in the “Billing history”, unless otherwise indicated.

5.3 Automatic Subscription Renewals
To ensure uninterrupted service, we'll automatically bill you for Premium Services from the date you submit your initial payment and on each renewal period thereafter until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you're on a monthly subscription plan, each billable renewal period will be for one month. We’ll automatically charge you the applicable amount using the payment method you have on file with us. You can disable auto-renewal at any time via the Administration of Your Survio account, “My Account” section or by contacting Our Customer Care.

5.4 Failure to Pay Fees
If you don't pay for Premium Services on time, we reserve the right to suspend or cancel your access to the Premium Services, which may result in a loss of your data associated with that Service.

5.5 Chargebacks
If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact contact Our Customer Care before filing a Chargeback. We reserve our right to dispute any Chargeback.

5.6 Refund Requests
As has been mentioned above already, you can cancel your subscription anytime in your Administration of Survio account, “My Account” section. After that act, you will not be billed again. Although Survio will not refund any amount nor grant any credit for contracts that are cancelled before reaching their end date.

It is possible to request refunds only:

• a) For 1st subscription payment and within 14 days after your purchase and just for the case that no Premium Services have been used (Examples of typical Premium Services: custom logo in surveys, respondent limit increase, download of any data (XLS, DOC, PPT, XLS, etc.), survey logic rules, custom thank you page, etc.). All Premium Services could be found here.
  Any subsequent purchases, including the Automatic Renewal of services carried out by Recurrent Payment will not be refunded.
• b) For duplicate/double orders.
• c) For such cases when product is not delivered.
• d) Due to technical issues that cannot be solved within 10 working days from bug reporting.

TO REQUEST A REFUND, PLEASE CONTACT US:

a) IF YOUR PAYMENT (with an invoice code AKD- or BKD-) HAS BEEN PROCESSED BY CLEVERBRIDGE AG, IT IS ALWAYS ESSENTIAL TO CONTACT CLEVERBRIDGE AG DIRECTLY (please refer to paragraph 5.1).

b) IN OTHER CASES (for invoices marked with a FVS- prefix), IT IS ALWAYS ESSENTIAL TO CONTACT OUR CUSTOMER SUPPORT.

Note: Survio reserves the right to review the cancellation reason You stated and to decide upon acceptance or denial of Your request.

5.7 Payment details
Survio states that it has no access to sensitive data related to the payment method used by the user, nor does it store said information. Only the entity corresponding to the payment process (the Payment Processor) has access to this data for payment management.

The User is responsible for ensuring their payment card data is up to date, and may communicate any changes through the Administration of Survio account, “My account” section.

If a payment cannot be processed, the user is informed about an option to cancel the Premium services contract (please refer to the paragraph 5.4).

6. Acceptable Usage

“Acceptable Usage” of Survio’s website, surveys, its contents, products and services is defined in Paragraphs 6.1 through 6.8. Activities that go against or are otherwise forbidden by these paragraphs are, therefore in violation of the TOS and make You liable to disciplinary action and legal prosecution. For more information, please refer to Article 9.

6.1 Content
You will not post on nor distribute through the Survio Site (and Your surveys) any materials that are of defamatory, threatening, obscene, harmful, pornographic or otherwise illegal nature. Also, materials that somehow violate or infringe, in any way, on Our rights or on the rights of others (including but not limited to intellectual property rights, confidentiality rights and privacy rights) are absolutely forbidden, as well as activities that may cause distress or inconvenience on Us or others. Moreover, You may not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. We encourage Users to treat each other in a respectful and polite manner.

6.2 Ownership of Content
You will not post nor otherwise make available on Survio Site any material which You do not own, without the express consent of the lawful owner of the material in question.

6.3 Participation in Events
You will abide by the rules of any competition, promotion or marketing campaign that You participate on Our Website.

6.4 Interference
You will not engage in any behavior or action that may affect the operability or the security of Survio Site nor will You cause unreasonable inconvenience nor disruption to Our staff.

6.5 Identity
You will not impersonate any person/entity, nor misrepresent Your affiliation with a person/entity.

6.6 SPAM
You will not promote Your Survio Survey by sending SPAM (i.e., emails sent to accounts without the previous agreement of the account owner).

6.7 Robot Software
You will not use robot software (nor any other software that is not Survio) to create new Survio Surveys nor to access nor modify Survio Surveys.

6.8 Workarounds
You will not use workarounds of any kind, to overcome package limitations or limitations of any Survio service or feature.

7. Obligations of the User

• 1. The User is not permitted to make his/her user account accessible to third parties.
• 2. The User must keep his/her access data and personal password in a safe place to prevent third party access.
• 3. The User must change the password in regular intervals for security reasons. He/she may change the password online anytime. If the customer suspects that a third party has knowledge of the password, he/she must change it immediately.

8. Intellectual Property

All copyright materials, trademarks and other intellectual property rights materials or contents supplied as part of Survio Site shall remain, at all times, vested in Us or Our licensors. You are not permitted to use this material or content unless authorized by Us or Our licensors. Moreover, You are only allowed to use such material in the manner described in the Terms and Conditions, and no other. You will not copy, reproduce, distribute, commercially exploit nor in any form benefit/profit from such materials or contents, nor You will assist/facilitate any Third Party in actions such as the ones mentioned above.

Moreover, if You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.

9. Personal Data and Privacy

9.1 Legislative Framework
When processing personal data, we proceed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter the “GDPR”). Information on the principles and procedures in processing personal data is set out in the Privacy policy, which are published on the website www.survio.com.

9.2 Controller and Processor of Personal Data
In view of the fact that we provide you with data space for the purposes of data storage through the Survio system, please note that, in regard to the personal data that you store on our servers, you are in the position of a personal data controller and Survio is in the position of a personal data processor. You are obligated to handle the personal data described in the previous sentence of this paragraph in accordance with the legal regulations governing the protection of personal data, primarily in accordance with the GDPR.

9.3 Personal Data Processing Agreement
By entering into the Agreement, this Personal Data Processing Agreement according to Art. 28 of the GDPR is also entered into, with the following content:

• Object of Processing
  We will process such personal data that you store on our servers. In general, these will be personal data of persons participating in the User’s research through Survio questionnaires (respondents), according to the rules contained in these Terms.
• Processing Time
  Survio processes personal data for the duration of the contractual relationship until the time when the User cancels his/her account. All of the User’s stored data are subsequently deleted.
• Nature and Purpose of Processing
  The purpose of processing is the fulfillment of obligations under the Agreement, primarily the provision of data space for the purposes of storing Users’ data through the Survio system.
• Type of Personal Data Being Processed
  Name, surname, gender, age, job position, residence address, e-mail etc. We do not process personal data pertaining to judgments in criminal matters and criminal acts. The User is not entitled to require personal data of a special category according to Art. 9 of the GDPR, and therefore we do not process such personal data.
• Category of Data Subjects Whose Personal Data Are Being Processed
  We process such personal data that you store on our servers. In general, these will be the data of respondents participating in the User’s research through Survio questionnaires.
• Our Obligations as a Personal Data Processor
  We undertake:
  • (a) to process personal data only on the basis of the User’s substantiated instructions;
  • (b) to ensure that our authorized staff members who come into contact with personal data commit to confidentiality;
  • (c) to conduct appropriate technical and organizational precautions in order to ensure a security level corresponding to the given risk. When assessing an appropriate security level, we take into consideration primarily the risks presented by processing, primarily the accidental or unlawful destruction, loss, modification, unauthorized disclosure of personal data being transferred, stored or otherwise processed, or unauthorized access thereto. The technical security of data is described in the Privacy policy;
  • (d) to take into consideration the nature of processing and to be of assistance to the User through appropriate technical and organizational measures in the fulfillment of the User’s obligation to react to a request for the exercise of the rights of the data subject as set out in Chapter III of the GDPR (Rights of the Data Subject);
  • (e) to be of assistance to the Client in ensuring accordance with the obligations under Articles 32 to 36 of the GDPR (Personal Data Security), while taking into consideration the nature of the processing of the information that the Provider has available;
  • (f) to notify the User without undue delay of cases of a breach of the security of personal data;
  • (g) to provide the User with all information necessary in order to evidence that the above obligations have been fulfilled and to enable the User to inspect the fulfillment of the said obligations. All information on the processing of personal data by Survio are set out in the Privacy policy.
• Further Processors
  The User grants consent for Survio to involve further processors in the processing of the personal data that you store on our servers. We undertake to inform the User of all intended changes pertaining to the utilization of further processors or the replacement thereof, and to provide the User with the opportunity to raise objections in regard to such changes. A list of processors is set out in the Privacy policy.

9.4 Changes in Personal Data
We strongly recommend the update of all personal information, since this data is used in Customer Care services.

9.5 Registration
In order to use Our services and products, You must have a valid registration to Survio. This entitles to have a project in which You can have multiple Survio Surveys. To register, You must provide a valid email address, a password and other personal information. You are the sole responsible for the confidentiality of Your password and account. All activity originated from Your account and/or password is Your responsibility. We strongly suggest that You keep Your password and account information strictly confidential and do not share it with anyone. In case of unauthorized use of Your password and/or account, immediately notify Survio in writing from email address used to register the project. To avoid misuse of Your account, ensure that You sign out from Your account at the end of each and every session.

9.6 Responsibility in connection with Respondents
You are the person who creates and conducts surveys online, and the Respondent is the person who answers those surveys. To such extent, You are responsible

• 1. for informing and notifying the Respondents of any surveys that are created by You through the Our Services about how SURVIO may use the Respondents’ survey responses and personal data as described in the Terms of Use and Privacy Policy;
• 2. and for obtaining the consent by Respondents’ for the Terms of Use and Privacy Policy.

10. Violation of Our Terms

Failure to comply with the conditions stated on Article 6 and/or participation in activities that go against or are otherwise forbidden by these Terms of Service make You liable to disciplinary action and legal prosecution. The decision to initiate disciplinary action (including but not being limited to interruption of all services) falls under the discretion of Survio. Please report infractions to the present Terms of Service, Our Terms and Conditions or to Your local laws. To inform us of any such activities, please click here.

11. Interruption/Termination of Services

We reserve the right to immediately terminate or suspend indefinitely Our services to You, if You breach or We have reasonable grounds to believe that You are likely to breach Our Terms and Conditions. Also, We will terminate Our services to You, at Our sole discretion, if You engage in a conduct which We determine to be unacceptable.

12. Disclaimer

WE ARE NOT RESPONSIBLE FOR DAMAGES TO USERS OR TO THIRD PARTIES OR TO THEIR HARDWARE THAT OCCUR DIRECTLY, INDIRECTLY NOR ACCIDENTALLY AS A RESULT OF NOR IN CONNECTION WITH THE USE OF OUR SERVICES AND/OR PRODUCTS, INCLUDING THE DOWNLOAD OF MATERIAL THROUGH OUR SERVICES. WE ARE NOT LIABLE FOR DAMAGE TO USERS OR THIRD PARTIES AS A RESULT OF THE INABILITY TO USE OUR SERVICES AND/OR OUR WEBSITE AND/OR PRODUCTS, NOR DIRECT, INDIRECT, NOR IN CONNECTION WITH THIS EVENT. HENCE, YOUR USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF SURVIO SURVEY, OUR SERVICES AND PRODUCTS IS DONE AT YOUR SOLE RISK AND THAT SURVIO WEBSITE, SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND “AS AVAILABLE”. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY AND/OR FUNCTIONALITY OF ANY THIRD PARTY’S WEBSITE AND/OR MATERIAL YOU MAY ACCESS THROUGH SURVIO SITE.

12.1 Third Parties
We do not endorse and shall not be held responsible nor liable for any content, advertising, product or service on or available through Third Party Websites.
Any transactions between You and any Third Party found on or via the Survio Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the entity in question. Therefore, We are neither responsible nor liable for any loss/damage of any sort, incurred in such dealings.

12.2 Exclusion of Warranty
Survio, its subsidiaries, and its licensors do not represent nor warrant to You that:

• (a) Your use of the services and products will meet Your requirements;
• (b) Your use of the services and products will be uninterrupted, timely, secure or free from error, or viruses;
• (c) Any information obtained by You as a result of Your use of the services and products will be accurate or reliable;
• (d) Defects in the operation or functionality of any software provided to You as part of the services will be corrected;

No advice or information, whether verbal or written, obtained by You from Survio, through or from Our services shall create any warranty not expressly stated in the terms. Survio further expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

13. Limitation of Liability

Subject to overall provision in the Disclaimer (Article 12) above, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SURVIO, ITS SUBSIDIARIES AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR THE CONDITIONS STATED ON PARAGRAPHS 13.1 THROUGH 13.3.

13.1 General
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.
Any loss or damage which may be incurred by You, including but not limited to loss or damage as a result of:

• (a) Any reliance placed by You on the completeness, 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;
• (b) Any changes which Survio may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
• (c) 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;
• (d) Your failure to provide Survio with accurate account information;
• (e) Your failure to keep Your password or account details secure and confidential.

13.2 Jurisdiction
The limitations on Survio’s liability to You in paragraph 13.1 above shall apply whether or not Survio has been advised of or should have been aware of the possibility of any such losses arising. Also, limitations which are lawful in Your jurisdiction will apply to You.

13.3 Information Provided on Survio Sites
We are not responsible for nor We will be liable to:

• (a) Materials written by Users, particularly those posted on blogs and/or forum. In addition, We do not endorse such materials and reserve the right to monitor such contributions, as well as, to respond, comment, edit, refuse to post, or remove any content from blogs and/or forum at Our absolute discretion. However, failure to remove particular material does not constitute an endorsement nor acceptance of it by Us;
• (b) The accuracy, timing or reliability of any information/statement on Survio Site, nor We will be held accountable/liable for statements, advice and/or opinions generated by Users on blogs and forum (except to the extent required by law). If You have any claim arising from the actions and/or statements of another User, You agree to pursue such a claim only against that User and not against Us;
• (c) The quality, accuracy nor fitness of Survio Site, except to what is required by law. However, We will engage in all reasonable efforts to provide Our services in the most professional manner;
• (d) Any fraudulent misrepresentations We make and for any death or personal injury caused by Our negligence. We will not be responsible nor liable to You for any other loss/damage that You or any Third Party may be the subject of as a result of using nor in connection with Your use of Survio Site.

14. Continuous Improvement Process

The quality of Our services and products is the main focus of Survio attention; hence Our system is subject of a Continuous Improvement Process (CIP) both on the technological and design aspects of the product.

15. Feedback

As part of Our commitment to excellence, Survio s.r.o. welcomes Your comments and suggestions to some or all of the conditions and policies stated on the present Terms and Conditions. In order to contribute with Your comment/suggestion, contact Our Customer Care, or send an email to: support@survio.com

Last modified 05/20/2018.