Terms of Service
Thank you for using Sensible Surveys. By using Sensible Surveys, you agree to our Terms of Service, which is a legal agreement. If you are using Sensible Surveys for an organization, you are agreeing on behalf of that organization. Our Terms of Service apply to your use of our Websites and Services.
When we say, “we,” “our,” or “us,” we’re referring to Sensible Surveys, an Atlanta company, our employees, directors, officers, affiliates, and subsidiaries.
When we say “you” or “your,” we are referring to the person or entity that’s registered with us to use the Sensible Surveys Services.
When we say “Websites,” we mean our websites located at sensiblesurveys.com, including all subdomains and sites associated with those domains, and other websites that we operate now and in the future.
When we say “Services,” we mean our Websites, Application Programming Interfaces (APIs), applications, our content, and various third-party services that make up Sensible Surveys.
When we say “Sensible Surveys,” we mean our Websites and Services collectively.
When we say “information,” we mean all of the different forms of data that you provide us and that we collect from you from your use of the Services, your software, and your devices.
2. General Rules
To use Sensible Surveys, you must (a) be at least eighteen (18) years of age; (b) complete the registration process; (c) provide current and accurate information; (d) agree to these Terms; and (e) promise to follow these rules:
- You are responsible for all content you provide and your activities on Sensible Surveys;
- You will use Sensible Surveys in compliance with all applicable laws, rules, and regulations;
- You will not use Sensible Surveys to solicit the performance of any activity which infringes our rights or the rights of others; and
- You will not use Sensible Surveys to upload, transmit, or otherwise distribute any objectionable content, as solely determined by us.
If you break any of your promises above or any of the rules in these Terms, we may terminate your account. Your actions may also subject you to legal consequences.
As long as you comply with our Terms of Service, we grant you a non-exclusive, non-transferable, limited privilege to use Sensible Surveys. Your use of Sensible Surveys is at your own risk.
3. Intellectual Property
You own your content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us.
We own Sensible Surveys and our Services. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of Sensible Surveys, our Services, or our content on Sensible Surveys without our written permission.
You shall grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into Sensible Surveys or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your agents.
When you use our Services, you are able to store files and data as well as meta data (“Content”). We may access, use or distribute your Content as needed to provide the Service.
Our Services also provide you with features such as searching, detection of meta data, or linking. These and other features may require our systems to access, store and scan the Content. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
Our Services let you share your Content with others via dashboards and data Live Links and similar features. We do not publish on your behalf nor do we control the recipients of your Content.
You do give us the right to access your data and to publish and sell this data as long as it has no identifying personal information. We will not sell the contact or other identifying information of your survey takers to third parties, nor market to them ourselves without your prior written permission.
4.Passwords and Accounts
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to. You agree to notify us immediately of any unauthorized use of your account(s). We’re not responsible for any losses due to stolen or hacked passwords.
You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.
5. Payment Terms
All fees for the use of Sensible Surveys are exclusive of all taxes or duties imposed by governing authorities. You are solely responsible for payment of all such taxes or duties.
Annual Plan: Payment in advance is required to use the Services of Sensible Surveys on an annual basis. The Services are billed in advance on a yearly basis. The time to access the service is 12 months from the date of payment. No refunds will be given unless Sensible Surveys agrees to such request.
We reserve the right to change service fees upon thirty (30) days notice. Such notice may be provided at any time by posting the changes to Sensible Surveys or by email.
6. Cancellation and Termination
You are solely responsible for the proper cancellation of your account. You may cancel your account at any time via an email request to email@example.com. There is no cancellation fee.
In the event of cancellation or termination your account will be disabled, and your account and information cannot be recovered after 2 years of non-payment once the account is closed. However, we retain the right to retain or delete data provided to us by you at our sole discretion.
We also reserve the right, but do not have any obligation, to refuse service to anyone and close your account(s) without notice for any or no reason at all after your annual plan is completed.
7. API Terms
You may access your Sensible Surveys account data using the Sensible Surveys API (Application Programming Interface). Any use of the API, including use of the API through a third-party product that accesses Sensible Surveys, is bound by these Terms.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages) resulting from your use of the API or third-party products that access your data via the API.
Abuse or excessively frequent requests to Sensible Surveys via the API may result in the temporary or permanent suspension of your access to the API. We may, at our sole discretion, determine abuse or excessive usage of the API. We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or in connection with your use of Sensible Surveys.
9. Representations and Warranties
To the maximum extent permitted by law, we provide Sensible Surveys on an “as is” and “as available” basis, which means we don’t provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) Sensible Surveys will meet your specific requirements, (ii) Sensible Surveys will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Sensible Surveys will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Sensible Surveys will meet your expectations, and (v) any errors in Sensible Surveys will be corrected.
10. Limitation of Liability
To the fullest extent permitted by law, you assume full responsibility for and we disclaim liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.
We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of Sensible Surveys and any linked sites and services. Your sole remedy against us for dissatisfaction with Sensible Surveys is to stop using Sensible Surveys. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action.
If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any of our Services, our liability shall not exceed what you paid us for the Services for the current year. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
11.Governing Law; Dispute Resolution
No recovery may be sought or received for damages other than out-of-pocket expenses, and the prevailing party will NOT be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Websites or Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
12. Force Majeure
You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control.
If one or more sections of the Terms are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms will still be valid and enforceable.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
15. No Waiver
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
16. Entire Agreement
These Terms and all documents incorporated into these Terms by reference constitute the entire agreement between you and us and govern your use of Sensible Surveys, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).
17. Amendments and Changes to Sensible Surveys
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms, at any time. Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. Unless explicitly stated otherwise, any new features that augment or enhance Sensible Surveys shall be subject to the Terms.
It is your responsibility to check the Terms periodically for changes. Your continued use of Sensible Surveys following the posting of changes will mean that you accept and agree to the changes.
We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to Sensible Surveys, or any portion of Sensible Surveys for any reason, after your annual plan is completed; (2) to modify or change Sensible Surveys, or any portion of Sensible Surveys, and any applicable policies or terms; and (3) to interrupt the operation of Sensible Surveys, or any portion of Sensible Surveys, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
If you have any questions or concerns about the Terms, please email us at firstname.lastname@example.org.