TERMS OF USE

1. Introduction

Thank you for choosing SurveyCake (“SurveyCake”; “we”; “our”). By registering with us or using SurveyCake services, website, and software application through other methods, (comprehensively called “SurveyCake Services” or “this Service”), or accessing any SurveyCake provided content or information (“Content”) through this Service, you are also agreeing to the binding contract with 25sprout, LLC. noted at the end of this document.

Your agreement with us includes items in the Terms and Conditions of Use (“Terms”) and our privacy policy (collectively with the Terms as the “Agreement”). If you wish to inspect the terms of this Agreement, please find the valid edition of the Agreement on the SurveyCake website. You acknowledge that you have read and understand this Agreement, and accept the Agreement and its constraints. If you do not agree (or cannot follow) with this Agreement, then you cannot use SurveyCake Services or purchase any of the Contents.

You shall have perfect legal capacity to use the services. If you have limit or no legal capacity, you shall have your legal representative to read, understand and consent to all the contents as well as amendments thereafter of this Agreement before you use or continuously use the Service, and your using and continuous using the Service will constitute a presumption of your legal representative’s reading, understanding and consenting to all the contents as well as amendments thereafter of this Agreement.

‍Please read this agreement carefully.This Agreement contains important information regarding the Services that SurveyCake provides to you, as well as any processing fees, tax, and other costs that we may charge you.

You can return to the previous screen to revise any information that you provided during the registration process.

2. Agreement change

Occasionally we may change the Agreement as deemed appropriate. After we change the Agreement, we may provide you with important notices according to the content of the change. Notification methods include showing important notice in this Service or sending an email to you. Under certain circumstances, we will notify you ahead of time. If you continue to use this Service after the Agreement has been changed, then it is perceived as you have accepted the changes. Thus, please carefully read any such notification. If you do not wish to follow the new Agreement for the use of this Service, you can contact us through email ([email protected]) and terminate the Agreement, and you shall cease using the Service immediately.

3. The rights that we confer to you

SurveyCake Services and Content are the property and/or rights of SurveyCake and its authorizer. We hereby only confer to you limited, non-exclusive, revocable permit for you to enjoy SurveyCake Services. We also confer to you limited, non-exclusive, revocable permit for you to conduct individual, commercial, and legal use (the “Permit”). This Permit is valid until you or SurveyCake terminate this Service. The user must promise to only use the Content for personal or commercial, and legal use.

All SurveyCake’s trademark, service mark, business name, logo, domain name, and other SurveyCake brand characteristics ( SurveyCake Brand Characteristics) are the sole property and/or rights of SurveyCake and its authorizer. This agreement does not confer to you any rights to use SurveyCake Brand Characteristics, regardless whether the use is commercial or non-commercial.

In addition to this clause, SurveyCake has not conferred to you any other rights and ownership to SurveyCake Services, or rights to receive benefits from SurveyCake Services.

The third-party software included in the SurveyCake Services (e.g., open source code software base) has been conferred to you based on the Agreement or related third-party software base permit terms (published on our desktop PC, mobile phone customer end/or our website description or setting section).

4. Third-party application

SurveyCake Service integrates third-party applications, websites, and services (third-party application) to provide you with content, product, and/or services. These third-party applications themselves may have their own terms and conditions of use and privacy policy. Your use of this third-party software is constrained by these terms and conditions and privacy policy. You understand and agree to these terms. SurveyCake does not endorse any behavior, function, or content of third-party applications, nor do we bear any responsibility for transactions conducted by the providers of these third-party applications.

5. User-generated content

SurveyCake users can establish surveys to this Service (this can include, but not limit to, text, pictures, film, messages, and information; hereafter referred to as User Content). To avoid doubt, User Content includes content published on SurveyCake support groups and other parts of the SurveyCake Service.

You promise that all User Content you publish on SurveyCake will be that: (1) you have the right to publish such User Content; and (2) the publishing or use of the User Content by SurveyCake according to this Agreement does not violate this Agreement, relevant laws, or the intellectual property (including but not limited to copyright) or other rights of other individuals, or imply any affiliation with or endorsement of you or your User Content by SurveyCake or any artist, band, label, entity or individual without express written consent from such individual or entity.

SurveyCake may, but has no obligation to, monitor, review, or edit User Content. In all cases, SurveyCake reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in SurveyCake’s sole discretion, violates the Agreements. SurveyCake may take these actions without prior notification to you or any third-party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

You are solely responsible for all User Content that you post. SurveyCake is not responsible for User Content nor does it endorse any opinion contained in any User Content. You agree that if anyone brings a claim against SurveyCake related to User Content that you post, then, to the extent permissible under local law, you will indemnify and hold SurveyCake harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim.

6. The rights you grant us

According to this Agreement, you grant us the rights to (1) use your device processor, broadband, and storage hardware device on SurveyCake Services to render user-friendly services; (2) contact you by the information you provided, provide you with ads and other information; and (3) grant our business partners the same privileges. Regarding SurveyCake Services, the content you examine (including selection and location) may be subjected to the influence of business considerations (including third-party agreement). A portion of the content authorized to SurveyCake or provided to SurveyCake for use may include advertising. In such cases, SurveyCake will make such content available to you unmodified.

You agree that we may collect, access and use the personal information or contents you submitted when you use this Service. Please refer to our Privacy Policy to learn the details of methods, contents and terms.

By registering for or using the SurveyCake service, you agree that SurveyCake may use your or your company’s name, trade name, trademark, and logo in its customer lists, official website, presentations, case studies, and other marketing or promotional materials to identify you or your company as a user or customer of the SurveyCake service.If you wish to stop the above use, you may contact us by email at [email protected]. We will cease such use and remove the relevant materials within a reasonable period after receiving your request.

If you provide feedback, opinions or suggestions to SurveyCake in connection with the SurveyCake Service or Content (“feedback”), you acknowledge that the feedback is not confidential, and you authorize SurveyCake to use that feedback without restriction and without payment to you. Feedback is considered a type of User Content.

You grant SurveyCake a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, of the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including feedback, and your right to object to derogatory treatment of such User Content.

7. User guidelines

SurveyCake respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using this service, to make sure SurveyCake stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.

The following is not permitted for any reason:

Please respect SurveyCake, the owners of the content, and other users of the SurveyCake Services. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material (collectively the “Improper Material”) that:

SurveyCake has the power to remove or permanently delete any Improper Material at any time without informing you or acquiring your assent in advance, and bear no responsibility to you for any damages caused by doing so. Whether being requested or not, SurveyCake may actively or passively provide the Improper Material you use or post, along with your personal information, to a policy department, prosecutor, or court.

You acknowledge and agree that posting any such Improper Material may result in immediate termination or suspension of your SurveyCake account. You also agree that SurveyCake may also reclaim your username for any reason.

Please be thoughtful about how you use the SurveyCake Services and what you share. The SurveyCake Services include social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on SurveyCake or across the web, so please use SurveyCake carefully and be mindful of your account settings. SurveyCake is not responsible for any losses, damages, or compensations incurred as a result of your choices to post material on the Service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

8. Infringement and reporting user content

SurveyCake respects the rights of intellectual property owners. If you believe that any content infringes your intellectual property rights or other rights, please contact us via email ([email protected]). If SurveyCake is notified by a copyright holder that any your content infringes a copyright, SurveyCake may in its absolute discretion take actions without prior notification to you. If you believe that the content is not infringing, you may submit a counter-notification to SurveyCake with a request to restore the removed content.

9. Service limitations and modifications

SurveyCake shall endeavor to maintain the operation of SurveyCake Services. However, certain technical difficulties, maintenance needs, natural disasters, or other force majeure factors may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, SurveyCake reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the SurveyCake Services, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the SurveyCake Services or any function or feature thereof.

Notwithstanding the foregoing, if you have prepaid fees for paid subscriptions that SurveyCake permanently discontinues prior to the end of the pre-paid period, SurveyCake will refund you the prepaid fees for the pre-paid period after such discontinuation. You understand, agree, and accept that SurveyCake has no obligation to maintain, support, upgrade, or update the service, or to provide all or any specific content through the service.

10. Use of SurveyCake by companies

If you establish a SurveyCake account on behalf of a company, organization, or entity, the terms “you” and “yours” used throughout the Agreement are applicable to you and the company depending on the situation. If any requests, litigations, or legal actions (including loss, damage, lawsuits, judgment, litigation fee, attorney fees, or any other responsibilities and expenses) incurred on the company due to the use of this Service or violation of these Terms, the company shall make compensations in order to protect the following entities against any damages: SurveyCake, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors.

11. Customer support

For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our customer service department using the Customer Service contact form on the Contact Us section of our website. We will endeavor to respond to all Customer Support Queries within a reasonable time frame; however, we make no guarantees or warranties of any kind that any Customer Support Queries will be responded within any particular time frame and/or that we will be able to satisfactorily answer any such queries.

12. Term and termination

The Agreement will continue to apply to you until terminated by either you or SurveyCake. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including feedback, is irrevocable and will therefore continue after expiry or termination of the Agreement for any reason. SurveyCake may terminate the Agreement or suspend your access to the SurveyCake Service at any time, including but not limited to in the event of your actual or suspected unauthorized use of the SurveyCake Services and/or Content, or non-compliance with the Agreement. If you or SurveyCake terminates the Agreement, or if SurveyCake suspends your access to the SurveyCake Services, you agree that SurveyCake may remove or permanently delete your account information and User Contents, and shall have no liability or responsibility to you and SurveyCake will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your SurveyCake account, please contact us through the Customer Service contact form which is available on our Contact Us page. This section will be enforced to the extent permissible by applicable law. You may terminate the agreement at any time.

13. Warranty and Disclaimer

We endeavor to provide the best service we can, but you understand and agree that the SurveyCake Services are provided “as is” and “as available”, without express or implied warranty or condition of any kind. You use the SurveyCake Services at your own risk. To the fullest extent permitted by applicable law, SurveyCake and all owners of the content make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither SurveyCake nor any owner of content, guarantees that the SurveyCake Services are free of malware or other harmful components. In addition, SurveyCake makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third-party applications (or the content thereof), user content, or any other product or service advertised or offered by a third-party on or through the SurveyCake service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that SurveyCake is not responsible or liable for any transaction between you and third-party providers of third-party applications or products or services advertised on or through the SurveyCake Services. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information, whether oral or in writing, obtained by you from SurveyCake shall create any warranty on behalf of SurveyCake in this regard. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

This does not affect your statutory rights as a consumer.

14. Limitation

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the SurveyCake Services is to uninstall any SurveyCake software and to stop using the SurveyCake Services. While SurveyCake accepts no responsibility for third-party applications or the content thereof, and while your relationship with such third-party applications may be governed by separate agreements with such third parties, to the extent permitted by applicable law, your sole and exclusive remedy, as with respect to SurveyCake, for any problems or dissatisfaction with third-party applications or the content thereof, is to uninstall and/or stop using any such third-party applications.

To the fullest extent permitted by law, in no event will SurveyCake, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the SurveyCake service, third-party applications, or third-party application content, regardless of legal basis, without regard to whether SurveyCake has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the SurveyCake service, third-party applications, or third-party application content more than the amounts paid by you to SurveyCake during the prior twelve months in question, to the extent permissible by applicable law.

15. Entire agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and SurveyCake, this Agreement constitutes all the terms and conditions agreed upon between you and SurveyCake and supersede any prior agreements in relation to these subject matters of the Agreement, whether written or oral.

Please note, however, that other aspects of your use of SurveyCake Services may be governed by additional agreements. This can include, for example, access to the SurveyCake Services as a result of a gift card or free or discounted services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on SurveyCake’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms hereof, the additional terms shall prevail.

16. Severability and non-waiver

Unless as otherwise stated in this Agreement, should any provision of the agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of those terms shall be enforced to the fullest extent permitted by law.Any failure by SurveyCake or any third-party beneficiary to enforce this Agreement or any provision thereof shall not waive SurveyCake’s or the applicable third-party beneficiary’s right to do so.

17. Assignment

SurveyCake may assign this Agreement or any part of it, and SurveyCake may delegate any of its obligations under the Agreements. You may not assign this Agreement or any part of it, nor transfer or sub-license your rights under the Agreements, to any third-party.

18. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold SurveyCake harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the SurveyCake Services; and (4) your violation of any law or the rights of a third-party.

19. Choice of law and venue

The interpretation and applicability of this Agreement, and the rights and obligations arising thereof in association with SurveyCake team due to your using SurveyCake Services, shall apply the laws and regulations of R.O.C. If there are any disputes or controversy, you and SurveyCake agree that the Taiwan Taipei District court shall be the court of first instance.

20. Contact us

If you have questions about SurveyCake Services or this Agreement, please contact the SurveyCake team via email ([email protected]). Before we receive your notification, the effectiveness of such notification is nonexistent, and the original provisions will therefore not be affected in anyway.

Thank you for reading our Terms. We hope you enjoy SurveyCake!