Thank you for using SurveyHero’s products and services.

These Terms of Use ("TOU") contain the terms under which SurveyHero and its affiliates provide their services to you and describe how the services may be accessed and used.

Preamble

enuvo GmbH - a Swiss-based company - operates the service "SurveyHero". SurveyHero is a web-based service which enables the SurveyHero customer - designated as the "customer" or "user" in the following - to create and carry out Internet-based online surveys.

Subject of the Conditions

SurveyHero provides its service solely on the basis of these TOU - regardless whether it is free of charge or subject to charge – as well as its Privacy Policy. Other terms and conditions from SurveyHero and the customer do not apply.

Beginning of Contract and Contract Requirements

The use of the service requires the customer to register in advance with SurveyHero. SurveyHero reserves the right to reject the completion of a contract in individual cases. The customer’s personal details must correspond to the truth.

Specification of services

The customer obtains the right to use the service according to their selected rate in conjunction with the specification of services / price list in compliance with the respective technical and operational possibilities. The design, structure, and scope of the functions of the service, in particular the visual presentation of the content, are solely at the discretion of SurveyHero. The customer is not entitled to exert influence on this, unless a different agreement has been reached. SurveyHero is authorized to put its insignia on the services as well as the questionnaires created or mark them with other notices and advertisements. It is only possible to replace or remove these with an individual agreement.

Obligations of the user

  1. The customer is not permitted to make their user account accessible to third parties.
  2. The customer must keep their access data and personal password in a safe place to prevent third party access.
  3. The customer may only use the service for its intended purpose - conducting surveys - and not in any other unconventional matter. Above all, he/she may not abuse the service, e.g. to send advertisement, junk or unsolicited emails (spamming).
  4. The customer pledges not to publish any content which could become a public nuisance and offend against common decency. In particular, the customer pledges not to add any sexually offensive, racist, radical and inhuman or contemptuous content.
  5. If the customer violates their obligations, SurveyHero has the right to remove the content from the Internet without a warning and at the expense of the customer and terminate the contract without previous notice.
  6. While SurveyHero allows to collect unlimited responses, the customer must still make sure that the infrastructure of the service is not overcharged by excessive usage („fair use”).
  7. The customer is responsible for maintaining, protecting, and making backups of their data. To the extent permitted by applicable law, SurveyHero will not be liable for any failure to store, or for loss or corruption of the customer’s data.

Termination

The customer can simply delete their account online in their user account.

Both parties reserve the right to extraordinary notice of cancellation. In either case, SurveyHero has a right to extraordinary notice of cancellation, if the customer violates these conditions or other application conditions of use from SurveyHero.

SurveyHero is authorized to discontinue services for which the customer does not pay a user fee anytime without prior notice or offer such services for a fee.

Deletion of Data

In general, SurveyHero has no interest in deleting user data such as created surveys, collected responses, etc. Such data is only deleted if the customer deletes those their selves. SurveyHero, however, reserves the right to delete unused data or data from customers who violate these TOU without prior notification.

Availability, data storage and support

SurveyHero generally provides the service without interruptions. However, SurveyHero cannot guarantee that the service is continuously available and functions without restrictions. It also cannot be ruled out that delays and interferences take place while providing the services due to incidents and circumstances, which are beyond the influence of SurveyHero, e.g. availability of the World Wide Web or of the Hosting, which is provided by a Hosting-Company (third-party).

Disruptions for which SurveyHero is not liable as well as disruptions due to maintenance work, etc. do not lead to a right to cancel or claims for damage on behalf of the customer.

Liability

SurveyHero is only liable for supplying data when it deliberately caused their loss or due to gross negligence. Further claims for damage on behalf of the customer are ruled out. The same regulation holds for cases in which flawed survey results were produced due to technical problems.

SurveyHero is not liable or responsible for whether the questionnaire designed by the customer is suitable to fulfil the purpose the customer desires. SurveyHero also does not guarantee that the survey will lead to the desired success and number of survey participants.

User fee

The general usage of this service is free at the moment. SurveyHero will however also offer advanced, fee-based products that can be purchased and used by the customer. SurveyHero is authorized to change these conditions at any time.

Legal reliability

The customer is only responsible for the legal reliability of the questionnaires designed by him/her and their content. The customer assumes responsibility for the compliance with legal regulations, in particular data protection, copyrights, competition regulations and ancillary rights while dealing with posted images, acoustic and film recordings (media) as well as other documents and materials and immediately indemnifies SurveyHero and its partners from any claims for damage due to the violation of these rights.

General Information

The customer can only convey rights from the treaty completed on the basis of these conditions with the written consent of SurveyHero. SurveyHero is authorized to call on or mandate third parties to fulfil its obligations. Furthermore, SurveyHero is entitled to use its customers copyrighted and/or trademarked corporate logo as reference.

The place of jurisdiction and fulfilment is Zurich, Switzerland. The laws of the Federal Republic of Switzerland apply to all legal relations arranged in the contract on the basis of these conditions.

Zurich, 01.12.2015