SurveyOcean, doing business as SurveyOcean is an online survey tool that makes it easier for people to create online surveys, collect and analyze responses.
These Terms of Use (“Terms of Use”, “Terms of Service”) constitute a legally binding agreement made between you, whether personally or on behalf of an organization (“you”) and SurveyOcean ("SurveyOcean", “we”, “us”, or “our”), concerning your access to and use of our services at the https://surveyocean.com.
If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to SurveyOcean that you have the authority to bind that organization to these Terms (in which event, "you" and "your" will refer to that organization).
You agree that by accessing the Site and using our services, you have read, understood, and agree to be bound by all of these Terms of Use and SurveyOcean’s privacy policy. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND RELATED SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
In order to use the Services, you must be legally permitted to accept these Terms.
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
SurveyOcean requires that you create an account on the site to get access to our services. We collect information such as (First name, last name, email, encrypted password, phone number) and payment info such as (Credit Card number, expiry date, security code and billing address).
You guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Service and its original content (excluding Content provided by users such as surveys content and results), features and functionality are and will remain the exclusive property of SurveyOcean. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of SurveyOcean.
All surveys questions, responses, information, data, images, videos and other kind of content (“User Content”) uploaded by you into your account is yours! We don't control, verify, or endorse the Content that you or others put on the Services. You are responsible for: (a) all Content in your SurveyOcean account(s) and that you share through the Services- and (b) making sure that you have all the rights you need in relation to the Content. In addition, by storing, using or transmitting Content you confirm that you will not violate any law or these Terms. You agree that when you share your Content, you may be allowing other people to access and use your Content in any way without further restriction or compensation to you. You agree to provide SurveyOcean (as well as agents or service providers acting on SurveyOcean’s behalf to provide the Services) the right to transmit, process, use and disclose Content and other information which we may obtain as part of your use of the Services but only: (i) as necessary for us to provide the Services, (ii) as otherwise permitted by these Terms, (iii) as otherwise required by law, regulation or order, and/or (iv) to respond to your reported issues and support requests.
We respect the intellectual property of others and ask that you do too. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and believe that your Content has been copied in a way that constitutes copyright infringement , please submit your claim via email to support@surveyocean.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.
We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
3. Identification of the URL or other specific location on Service where the material that you claim is infringing is located.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at support@surveyocean.com.
We care about data privacy and security. Please review our Privacy Policy: https://surveyocean.com/web/privacy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Us.
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
1. In any way that violates any applicable national or international law or regulation.
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
4. Use any device, software, or routine that interferes with the proper working of Service.
5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
8. Take any action that may damage or falsify Company rating.
9. Otherwise attempt to interfere with the proper working of Service.
By registering with SurveyOcean or signing up for Services, you consent to receive (via email) information regarding the Services, such as: (a) notices about your use of the Services, including notices of violations of use; (b) updates to the Services and new features or products; (c) administrative messages, subscription renewal notice, electronic bills and other information; and (d) advertising, marketing, and other materials regarding SurveyOcean's products and services.
If you use the Service under the free plan (“Free Lifetime”) and you want to go over the Free Plan limits, you’ll be required to upgrade your account to, and select and pay for, Paid (Monthly or Annual) Plan. Paid Plans are described at pricing page https://surveyocean.com/web/pricing.
If you upgrade your account to a paid Plan, you’ll be able to downgrade to the Free.
You may choose one of the following paid plans:
The subscription period for the Monthly Plan will be for one month and will automatically renew each month at the same day of subscription unless you cancel your Monthly Plan at least 1 day prior to the renewal date.
The subscription period for the Annual Plan will be for one year and will automatically renew for additional periods (1 year) each year at the same day of subscription unless you cancel at least 1 day prior to your renewal date.
If you select the Monthly Plan, you can switch to the Annual Plan at any time. If you select the Annual Plan, you may not change to the Monthly Plan until the end of the one-year term of your Annual Plan.
Paid Plans are described at pricing page https://surveyocean.com/web/pricing.
SurveyOcean, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. SurveyOcean will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
As long as you’re a Member with a Paid Plan, you’ll provide us with valid debit or credit card (“card”) information and authorize us to deduct your charges against that card. You’ll replace the information for any card that expires with information for a valid one. If your card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorized to deduct any charges on your account against the new card. Anyone using a card represents and warrants that they are authorized to use that card, and that any and all charges may be billed to that card and won’t be rejected. If we’re unable to process your card order, we’ll try to contact you by email and may suspend your account until your payment can be processed.
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
(1) you’re in breach of these Terms, (2) your use of the Services would cause a real risk of harm or loss to us or other users, or (3) you don’t have Paid for or Renewed the services subscription.
We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your User Content from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.
We won’t provide notice before termination where:
(1) you’re in material breach of these Terms, (2) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or (3) we're prohibited from doing so by law.
You may provide us either directly at support@surveyocean.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) SurveyOcean may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) SurveyOcean is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant SurveyOcean and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
Our Service may contain links to other websites that are not owned or controlled by SurveyOcean.
SurveyOcean has no control over, and assumes no responsibility for the content, privacy policies, or practices of any of these websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEBSITES.
We may amend Terms at any time by posting the amended terms on this site. We will notify you via the Services and/or by email associated with your account. It is your responsibility to review these Terms periodically so you are aware of any changes, as they are binding on you.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Services.
We strive to provide great Services, but there are certain things that we can't guarantee.
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE SERVICES AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SurveyOcean OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF SurveyOcean, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The failure of either of us to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect, unless expressly waived in writing.