Let’s start by providing a few deﬁnitions that should be helpful in understanding this agreement. Throughout this document, when we say:
“Content“, we mean any information, data, text, creative, video, audio, photographs, images, illustrations, animations, logos, software, scripts, executable ﬁles, graphics, and interactive features, any of which may be submitted to, generated, provided, or otherwise made accessible on or through the Services;
“Trivato“, “we“, “our”, or “us“, we mean Trivato AB, collectively with its agents, consultants, employees, officers, and directors;
“Services“, we mean the Site along with all the other domains, products, applications, services, and Content provided by Trivato AB under the Trivato brand name, all designed for use in the United States;
“Site“, we mean the Responster.com website and it's subdomains;
“User” or “you“, we mean the individual or the entity that is registered to use or receive the Services. For purposes of this definition, only the individual employee of an entity that registered that entity for the Services shall be considered a “User” or “you.”
In order to use the Services, you must:
- be at least eighteen (18) years old;
- complete the registration process;
- provide true, complete, and up to date contact information.
By using the Services, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Services in a way that violates any laws or regulations. We may refuse Services, suspend or close your account, and change eligibility requirements at any time.
The "Term" begins when you sign up for the Services and continues until your account is terminated. During the Term, you are considered a “User“. Clicking the user agreement button and entering your username means that you’ve officially “signed” the Agreement. If you sign up for the Services on behalf of an entity, you represent and warrant that you have the authority to accept this Agreement on the entity’s behalf.
3.1 Termination by You
Yes, Responster is a pay-as-you-go service where you pay on a month-to-month basis. When you choose a plan your credit card will be charged for the first month, and will auto-renew each month. You're free to modify your plan at any time.
3.2 Termination by Us
4.1 Payment for Services
You agree to pay Trivato AB any fees for Services you purchase or use, in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be charged using the payment method you select. Fees paid by you are non-refundable, except as provided in this Agreement or when required by law.
We will offer 2 types of paid plans: monthly and annual.
The Service is billed in advance on a recurring (auto-renewing) basis and is non-refundable. There are no refunds or credits for partial periods of service, downgrade refunds, or refunds for periods unused. If any part of a billing period is included in the Term, then payment is due for the full billing period. Payments are due for any billing period on the same date, or the closest date in that billing period, to the day you signed up for the Services and made your first payment. On the last day of your billing period, your payment method will automatically be charged for an additional billing period unless you downgrade your account and remove your plan prior to that date by changing your plan in the account settings.
Plans are purchased for a limited number of users, devices and responses. Plan upgrades and additional user/device licenses may be added as described at http://www.responster.com/pricing.
4.3 Additional services
If you have a plan with a limit on how many responses you can collect per month, responses that exceeds that limit (“Exceeded responses”) are still saved on our server but will be hidden from you. If you’d like to see the Exceeded responses collected you can upgrade to a larger plan. Upon upgrading, Exceeded responses will be enabled in the order they were collected, starting with the first Exceeded response and going onward from there until all are enabled or until you hit the respondent limit of your new plan. Exceeded responses older than 48h will not be enabled by upgrading your plan and can only be enabled by purchasing each response separately. Exceeded responses older than 48h can be purchased for $1 per response.
4.4 Payment Method
As long as you’re a User or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to charge the fees (every month or every year) against that credit card. You’ll update expired or incorrect credit card information as needed. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all fees may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card to pay for Services, we’ll try to contact you by email and suspend your account until your payment can be processed. If payment cannot be processed within 7 days of the first day of the new billing period, your account, including data collection, may be restricted until payment is received.
4.4 Fee Changes
We may change our fees at any time, provided that we will notify you in advance of any change affecting a plan you are already enrolled in and new rates will only apply to a new period.
You are solely responsible for any and all taxes associated with the sale of the Services, including any related penalties or interest. Payments for Services are not reduced to account for such taxes.
5.1 User responsibility
The user shall be responsible for all activities occurring under his or her username and is responsible for compliance with the local, national and/or international laws and regulations applicable to his or her use of the Service, including those relating to the protection of intellectual property, protection of personal data, international communications and data transmission.
The user must notify Trivato AB immediately of any unauthorized use of his/her password or account, as well as any other breach of security of which he or she might be aware of.
It is strictly prohibited to:
- Collect, upload, publish, send or transmit any information, material or other content that is illegal, threatening, libellous or pornographic;
- Collect, upload, publish, send or transmit any information, material or other content that violates the rights of third parties, including intellectual property rights;
- Collect, upload, publish, send or transmit any material that contains viruses or any other kind of malicious code;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Reverse engineer, decompile or disassemble any software contained in the Service;
- Reproduce, duplicate, copy or exploit any element contained in the Service, without the prior written permission of Trivato AB;
- Obtain, collect, store or modify other users’ personal data;
- Use the Service for any illegal or unauthorized purpose.
The User is responsible for keeping the Service up to date (such as the Apps for the mobile devices) and any loss of information due to the User not having the latest version of the Service is the sole responsibility of the User and is not refundable. If the latest version of the Service does not support the User’s hardware (such as mobile device model) or software (such as operative system or choice of browser) it is the sole responsibility of the User to upgrade said hardware and/or software before using the Service to ensure full functioning.
5.2 Our responsibility
Both accessing the Service and using the information contained therein shall be the exclusive responsibility of the person doing so.
Trivato AB does not accept any responsibility for improper use made of the contents of the Service, such being the sole responsibility of the user who accesses or makes use of the aforementioned contents. Nor does it assume any kind of responsibility for the information contained on websites belonging to third parties which can be accessed through the links or browsers available in the Service. The presence of links in the Service serves a mere informational purpose and in no case implies suggestion, invitation or recommendation regarding the same.
Trivato AB reserves the right to modify, suspend, cancel or restrict the Service contents, services, links or information obtained therein, with no prior notice required. If an update is made or if maintenance of the Service is required, we will to our best efforts try to schedule the update/maintenance for hours with minimum operation of the Service to minimize service interruption.
In no case will Trivato AB accept responsibility for any damage, losses, claims or expenses of any type, whether from use of the Service or the information generated by or accessed through it and relating to:
- Possible malfunctioning of the Service;
- Possible errors or security flaws that may occur;
- Any situation which may imply the unavailability of the Service or the information contained in it, either owned by Trivato AB or collected, uploaded or published by the user;
- Possible losses of information collected, uploaded or published by the user that may occur;
- Any other kind of circumstance that jeopardizes the functioning of the Service.
We don’t have access to your current password, and for security reasons, we may only reset your password. You’re responsible for keeping your account name and password confidential and for any actions taken using your account, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords.
7.1 Proprietary Rights Owned by Us
You will respect our proprietary rights in the Site and the Services (proprietary rights include patents, trademarks, Services marks, and copyrights). Neither your use of our Services nor anything in this Agreement grants you ownership in the Services or content you access through the Services (excluding your Content).
We give you a personal, royalty-free, non-assignable and non-exclusive license to use the software we provide you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the Services in the manner permitted by this Agreement. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of our software, unless laws prohibit those restrictions or you have our written permission. Do not misuse or interfere with our Services.
7.2 Proprietary Rights Owned by You
Our Services allow you to submit Content. You represent and warrant that you either own or have permission to use all of the Content you submit to the Services. You retain ownership of all the intellectual property rights in the Content you submit to the Services.
7.3 Feedback You Provide Us to Improve Our Services
Any feedback, comments, or suggestions you may provide regarding our Services or related products is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We respect the intellectual property rights of others and expect our users to do the same. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act (“DMCA“).
If copyrighted Content that belongs to you was posted without your permission to our Site or sent through one of our Services, let us know. Please send notice of the alleged infringement to our designated agent at the following address:
Trivato AB Attn: Copyright Dep., Tobaksspinnargatan 3, 117 36, Stockholm, Sweden.
Your notice should provide the following information:
- an electronic or physical signature of the copyright owner or someone authorized to act on their behalf;
- the name, address, telephone number, and email address of the copyright owner;
- identification of the copyrighted work that is being infringed;
- identification of where the infringing material is located on our Site or Services;
- a statement that you have a good faith belief that the use isn’t authorized by the copyright owner, its agent or the law; and
- a statement that the information in your notice is accurate, and you’re authorized to act on behalf of the copyright owner.
This statement must be made under penalty of perjury. By submitting the notice you acknowledge and agree that we may forward the information to the person who uploaded the allegedly infringing material.
If you believe that your removed or disabled Content is not infringing, or that you have the authorization or right to post and use that Content from the copyright owner, the copyright owner’s agent, or pursuant to law, you may send a counter-notice containing the information required by Section 512(g)(3) of the DMCA (17 U.S.C. § 512(g)(3)). We will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled Content within fifteen (15) calendar days of receiving the counter-notice from us, then we may, in our sole discretion, reinstate the removed or disabled Content.
You are responsible for your Content and use of the Services. You represent and warrant that your use of the Services will comply with all applicable laws and regulations, including applicable export and re-export control laws and regulations.
You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, or other laws. If you’re subject to regulations (like HIPAA) and you use our Services, then we won’t be liable if our Services don’t meet those regulatory requirements.
You understand and agree that we may cooperate with any governmental authority in connection with any investigation into a user’s use of the Services, including use in contravention of applicable laws, and may disclose any Content, and any other information pertaining to the user or to user’s use to such governmental authority in connection with any such investigation.
TO THE EXTENT PERMITTED BY LAW AND EXCEPT FOR WILLFUL MISCONDUCT AND WITH RESPECT TO YOUR OBLIGATION PURSUANT TO SECTION 14, (I) NEITHER PARTY WILL BE LIABLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES, EVEN IF THEY’RE BASED ON NEGLIGENCE OR IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, AND (II) EITHER PARTY’S TOTAL LIABILITY FOR ALL CLAIMS MADE RELATING TO THE SERVICES IN ANY MONTH WILL BE NO MORE THAN WHAT YOU PAID US FOR THE SERVICES THE MONTH BEFORE.
WE PROVIDE THE MATERIAL ON THE SITE AND THE SERVICES “AS IS” AND “AS AVAILABLE.” THAT MEANS WE DON’T PROVIDE WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
You agree to indemnify and hold us harmless from any losses (including attorney fees) that result from any claims relating to your use of the Services. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your account did something that, if true, would violate any term in this Agreement.
We are not responsible for the behavior or Content of any third parties, including advertisers, linked websites, or other users.
(This part will matter to you if you’re affiliated with the U.S. government.) The Services and Site, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:
- only as Commercial Items,
- with the same rights as all other end users, and
- according to this Agreement.
Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is Trivato AB, Tobaksspinnargatan 3, 117 36, Stockholm, Sweden.
You may not assign any of your rights under this agreement without our consent, which may be withheld in our sole discretion. We may assign our rights to any other individual or entity at our sole discretion.
We won’t be liable for any delays or failure in performance of any part of the Services, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, and acts of hackers or third-party internet Services providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Binding Individual Arbitration, Additional Terms and No Waiver, Notices, Severability, and Entire Agreement.
If it turns out that a particular term is not enforceable, this will not affect any other terms in this Agreement.
Additional terms may apply to certain features of the Services (the “Additional Terms”). The Additional Terms will be considered incorporated into this Agreement when you activate the feature and accept the Additional Terms. Where there’s a conflict between this Agreement and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
Any notice to you will be effective when we send it to the last email or physical address you provided to us. Any notice to us will be effective when delivered to us:
Trivato AB Attn: Legal Notices, Tobaksspinnargatan 3, Stockholm, Sweden.
The laws of Sweden, will apply to any and all disputes arising out or relating to the Services or this Agreement (“Disputes”).
You and Trivato AB each agree to exclusively arbitrate any and all Disputes. YOU AND TRIVATO AB AGREE THAT ANY DISPUTE AGAINST THE OTHER MAY ONLY BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE FOREGOING A JURY TRIAL AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST TRIVATO AB If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) or JAMS (www.jamsadr.org) according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose use of the Services is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. Any arbitration hearing will occur in Stockholm, Sweden, or another mutually agreeable location. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. For any Dispute, you will pay all the arbitration fees. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Trivato AB will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Trivato AB also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of Trivato AB Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and of Stockholm, Sweden.
Congratulations. You have reached the end!