Last updated May 1, 2018.
These Terms of Use (“Terms of Use” or “Terms”) govern the use of our services as made available on the Informizely website (the “Site”). By accessing and/or using the Site and our services (including your mere browsing through the Site) you are agreeing to be bound by these Terms of Use, which constitute a binding legal agreement between you and Informizely B.V. and its affiliates (“Informizely” or “We”). In addition, you hereby warrant that you will not use this Site in any way that could violate and/or misappropriate any proprietary rights of third parties, including privacy rights, publicity rights and trade secrets.
We reserve the right to change these Terms at any time, and you agree (by virtue of your continued use of our Site) to be bound by any such changes. If you do not agree to these Terms of Use, please do not use, access or browse the Site. Please check periodically the following URL https://www.informizely.com/terms-of-use to review any changes in the Terms of Use. Your use of or access to the Site, after such revised Terms of Use have been posted on the above URL, shall constitute your consent to the new or revised Terms of Use.
Informizely provides services for conducting website surveys and other interactions on websites of our users (our “Services”). Our Services may change from time to time, or we may stop (permanently or temporarily) providing our Services, or any feature therein, to you or to all our users. We reserve the right to create limits on access and use of the Services in our sole discretion.
In order to provide our Services, we may make available certain software to install on your website in order to access and use our Services. You have the right to install and use our software to access and use our Services, for your own website (and not for use with other websites). This license is for the sole purpose of enabling you to use our Services, in the manner permitted by these Terms of Use. You may not copy, modify, distribute, sell, or lease our software or any part of our Services or included software. You may not reverse engineer or otherwise attempt to extract the source code of our software.
In order to use our Services you will need to register and create an account on the Site. By creating an account, you represent that
You are responsible for your use of our Services and you agree that you will only use our Services in compliance with these Terms of Use and all applicable laws and regulations.
You may not describe or assign keywords to our Services in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. Informizely may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Informizely liability.
You agree that Informizely may send you periodic product updates and other communications, which are considered part of our Services and your account, which you may not be able to opt-out from receiving.
Informizely may from time to time set or change limits for the use of our Services, or take any other measures Informizely considers appropriate to manage the Site. If you exceed the usage limits, Informizely may require you to reduce your usage or pay an appropriate fee.
You agree to publish and abide by an appropriate privacy policy that describes the collection, use and sharing of any information you collect from users of your website using our Services. You agree to comply with all applicable laws and regulations relating to your collection, use and sharing of the information you collect from users of your website using our Services. You will not (and will not allow any third party to) use our Services to track, collect or upload any data that personally identifies a user without properly informing the user of these practices.
If you operate or contribute to an account, post material to our Services, post links through our Services, or otherwise make material available by means of the Website (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to Informizely for inclusion on your website, you grant Informizely a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your survey. If you delete Content, Informizely will use reasonable efforts to remove it from the Services, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Informizely has the right (though not the obligation) to, in Informizely’s sole discretion (i) refuse or remove any content that, in Informizely’s reasonable opinion, violates any Informizely policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Informizely’s sole discretion. Informizely will have no obligation to provide any refund of any amounts previously paid.
You may not do any of the following while using or accessing the Services:
We reserve the right to access, read, preserve, and disclose any information provided through our Services we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Informizely, our users and the public.
We charge fees for the use of certain features or aspects of our Services. These fees are subject to change at any time. You agree that we may charge your payment method and that you will pay the applicable fees assessed to your account for the services you have purchased. Payments will be charged on the day you sign up for a service and will cover the use of that service for a monthly, quarterly or annual period as indicated. Service fees are not refundable.
You represent and warrant that (i) you have the necessary power and authority to agree to these Terms of Use (if you are agreeing to these Terms on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms) and (ii) your use of the Services will be in strict accordance with these Terms of Use, the Informizely Privacy Policy, the applicable Acceptable Use Policy and all applicable laws and regulations (including without limitation any local laws or regulations in your country, regarding online conduct and acceptable content, and the transmission of personal data to Informizely's servers from the country in which you reside) and will not infringe, violate or misappropriate the rights of any person or third party.
You can terminate your account at any time by deactivating your account or by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of these Terms of Use. Upon termination, all rights and licenses granted to you in these Terms of Use immediately end. If your account or access to our Services is terminated or suspended because you violated these Terms of Use, you will not be entitled to any refund of any fees nor will any fees be credited or reimbursed to you in any form and you will have no further right to access any of the foregoing or your account.
Informizely may retain and use, subject to the terms of its Privacy Policy, information collected in your use of our Services. Informizely will not share information associated with you or your website with any third parties unless Informizely (i) has your permission; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Informizely, our users or the public; or (iii) provides such information in anonymous or aggregated form provided that such information is not identifiable of you.
You agree that Informizely may identify you (or your company and use your company’s logo) on our Site and in marketing materials to identify you or your company as a user of our Services, and you hereby grant us a non-exclusive, royalty-free license to do so on our Site or in any media now or later developed in connection with any marketing, promotion or advertising of the Services.
If you provide suggestions, ideas, feedback, or recommendations to us regarding our Services (Feedback), we will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such Feedback as we see fit, without any obligation or restriction of any kind to you.
Our Services and our Site are protected by copyright, trademark, and other laws of The Netherlands and foreign countries. Informizely and its licensors exclusively own all right, title and interest in and to the Services and the Site, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or the Site. All rights not granted to you under these Terms of Use are reserved.
You agree to defend, indemnify and hold harmless Informizely, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of (i) your use of the Site and Services, including but not limited to a breach or violation by you of these Terms of Use, and (ii) the accessing and use of any user data in order to provide the Services to you.
Our Services and our Site are provided on an "AS IS," "AS AVAILABLE" and "WHERE-IS" basis with no warranty of any kind. Informizely and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements or that the Services or Site will be available on an uninterrupted, secure, or error-free basis.
Our Services may display, or contain links to, third party products, services, and websites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our Services, or which is accessible through or may be located using our Services (Third Party Content) are those of the respective authors or producers and not ours.
We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. Through our Services, you may be exposed to content that is offensive, indecent, or objectionable. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Services.
IN NO EVENT WILL INFORMIZELY, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF USE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO INFORMIZELY UNDER THESE TERMS OF USE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. Informizely shall have no liability for any failure or delay due to matters beyond their reasonable control. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section 11 represents a reasonable allocation of risk.
These Terms of Use constitute the entire agreement between Informizely and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Informizely, or by the posting by Informizely of a revised version on the Site and/or through the Services and when the new Terms take effect. Your continued use of or access to the Services once those Terms take effect constitutes acceptance of those changes. These Terms of Use, any access to or use of the Services will be governed by the laws of The Netherlands. If any part of these Terms of Use is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms of Use or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under these Terms of Use without Informizely’s written consent. These Terms of Use will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.