PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AND SERVICES. By accessing or using any part of the Website and Services, you agree to be bound by the Terms. If you do not agree to all of the Terms, then you may not access the Website or use any Services. If the Terms are considered an offer by Dobility, acceptance is expressly limited to these Terms. The Website and Services are available only to individuals who are at least 13 years old.
- Website and Services. The Website and Services offered by Dobility include SurveyCTO, a technology platform that helps you collect data using mobile phones, tablets, or computers, as well as other related software and services. The Website and Services allow you to collect data online or offline, access data as soon as it’s collected, keep data secure, and ensure data quality. In addition to using the tools on the Website, users may sign up for additional Services, which could include consulting and development services specific to particular projects.
- Your Account. You will be given a user account with which to login to SurveyCTO, and you may be allowed to create other user accounts to share with others, with which they can access your account. You are responsible for maintaining the security of your account and any others that you create.
- Payment and Renewal. Paid services may be made available on the Website (“Paid Services”). By selecting Paid Services you agree to pay Dobility the fees indicated for those services. Payments will be charged in accordance with the pricing and payment terms presented to you when you sign up for any Paid Services. Paid Services fees are not refundable, except as provided in these Terms or when required by law.
Automatic Renewal. Some Paid Services are billed on a subscription basis. This means that you will be billed in advance on a recurring, periodic basis (each period, a “Subscription Period”), in accordance with the Subscription Period you select. Your Paid Services subscription will automatically renew at the end of each Subscription Period and you authorize us to collect the then-applicable fee for such Paid Services (as well as any taxes) using any credit card or other payment mechanism we have on record for you, unless you notify Dobility before the end of the applicable Subscription Period that you want to cancel the Paid Services.
Price Changes. Dobility may change the fees charged for Paid Services at any time, provided that, for Paid Services billed on a subscription basis, the change will become effective only at the end of the then-current Subscription Period. Dobility will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Paid Services before the change becomes effective.
- Maintenance Window. Scheduled server maintenance will take place on Sundays from 12-2AM UTC. During this period, the Website and Services may not be available. More urgent, unscheduled maintenance may be required at other times. Dobility may, in its sole discretion, add, alter or remove features or functions or provide bug fixes, patches, updates, and upgrades to the Website or Services, including its components, which may be provided automatically. If you do not want to receive such upgrades automatically, you should not use the Website or Services.
- Intellectual Property. Neither these Terms nor your use of the Website or Services grants you any rights to or ownership in any logos, graphics, images, software, trademarks, registered trademarks, service marks, or other proprietary information accessed through the Website or the Services (the “Intellectual Property”). All right, title and interest in and to the Intellectual Property will remain (as between the parties) solely with Dobility or Dobility’s third-party licensors. “Dobility,” “SurveyCTO,” “SurveyCTO.com,” the Dobility logo, the SurveyCTO logo, and all other trademarks, service marks, graphics, and logos used in connection with the Website and Services are trademarks or registered trademarks of Dobility or Dobility’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use the Intellectual Property. Except as expressly permitted under the Terms, the Services and Website may not be modified or used to make derivative works, reverse engineered, or copied, reproduced, or distributed.
- Data Ownership. Unless otherwise agreed, Dobility does not claim ownership of any data you may collect, store, or otherwise submit through the Website and Services (“Your Data”). You retain ownership of Your Data and Dobility will not utilize Your Data for any purpose other than to perform its obligations under these Terms. By using the Website and Services, you grant Dobility permission to use Your Data for operational purposes as necessary to provide the Services to you.
- Data Security. Dobility is dedicated to data security and hosts its servers in highly-secure physical environments protected by high-end firewall systems. Dobility also uses industry-leading practices to protect data, including a costly and unusual system architecture that separates different users’ data into separate back-end databases and separate system memory spaces so that bugs or system errors cannot easily allow one user to access another’s data. However, Dobility provides its users with systems that allow users to protect the data collected through the Website and Services in the most appropriate way, and users of the Website and Services are solely responsible for maintaining the security of all data collected using the Website and Services.
- Public Use. Dobility may identify you (by name and logo) as a Dobility user when promoting its product. If you or your organization would prefer Dobility to not advertise your use of the product, you should express this preference in writing to Dobility. Once Dobility has been so notified, it will refrain from advertising the user or organization’s use of the product in any future campaigns.
- Changes. Dobility reserves the right, at its sole discretion, to modify or replace any part of the Terms at any time for a variety of reasons. The most current version will always be posted on the Website. It is your responsibility to check the Terms periodically for changes and we encourage you to refer to these Terms regularly to ensure your compliance. Your continued use of or access to the Website and Services following the posting of any changes to the Terms constitutes acceptance of those changes. Dobility may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms.
- Termination. Dobility may suspend or terminate your access to all or any part of the Website and Services at any time, with or without cause, with or without notice, effective immediately for any reason, including the following: (a) you have breached the Terms; (b) you fail to pay fees for Paid Services; (c) you use the Website or Services in a way that causes legal liability to us or disrupts others’ use of the Services or Website; (d) you use one or more “free trial” or other free accounts in a manner not consistent with the published purposes and terms for those accounts; (e) you use a temporary or disposable email address or false identity in interactions with the Website and Services; or (f) we are investigating misconduct by you. In the event that Dobility terminates your access to the Website or Services for a reason that is not related to your misconduct or violation of the Terms, we will use commercially-reasonable efforts to provide you with the opportunity to export a copy of your data within thirty (30) days of termination. If you wish to terminate your SurveyCTO account (if you have one), you may simply discontinue using the Website and notify Dobility in writing if you wish to discontinue use of Paid Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Disclaimer of Warranties. The Website and Services are provided “as is”. Dobility 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. Neither Dobility nor its suppliers and licensors makes any warranty that the Website or Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website or Services at your own discretion and risk.
- Limitation of Liability. In no event will Dobility, its affiliates, officers, employees, agents, suppliers or licensors, be liable for any of the following damages arising from or related to your use of the Website and Services under any contract, negligence, strict liability, or other legal or equitable theory: (i) any indirect, special, incidental, punitive, exemplary or consequential damages; (ii) loss of revenue or profits, or the cost of procurement for 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 Dobility under this agreement during the twelve (12) month period prior to the cause of action. Dobility shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the Website and Services will be in strict accordance with the Terms and with all applicable laws, regulations, and guidelines (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding data privacy and protection, online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) you are responsible for your conduct, Your Data, and communications with others while using the Website and Services and your use of the Website and Services will comply with the following requirements:
- You may not misuse the Website or Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
- You are solely responsible for Your Data, and are liable for Your Data and the manner in which you collect or distribute Your Data to third parties. We reserve the right to remove any of Your Data from the Website or Services that we determine is in violation of the Terms.
- You may not make unauthorized copies of any content from the Website or Services.
- If your use of the Website or Services requires you to comply with specific regulations, you are solely responsible for such compliance, unless we agree otherwise. You may not use the Website or Services in a way that would subject us to those specific regulations without our prior written agreement.
- You may not circumvent or attempt to circumvent any limitations that Dobility imposes on your account (such as by opening up a new account to conduct a survey that we have closed for a Terms violation).
- Unless authorized by Dobility in writing, you may not probe, scan, or test the vulnerability of any Dobility system or network.
- You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Website or Services.
- You may not engage in abusive or excessive usage of the Website or Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Website or Services for other users. Dobility will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Dobility.
- You may not use the Website or Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
- Unless authorized by Dobility in writing, you may not resell or lease the Website or Services.
- Indemnification. To the extent permitted by applicable law, you agree to indemnify and hold harmless Dobility, its affiliates, contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and Services, including but not limited to your violation of the Terms.
- Miscellaneous. The Terms constitute the entire agreement between Dobility and you concerning the subject matter hereof, and may only be modified by the posting by Dobility of a revised version, provided, however, that if a separate agreement exists between you and Dobility, the terms of that separate agreement may take precedence over these Terms. Except to the extent applicable law, if any, provides otherwise, the Terms and any access to or use of the Website and Services will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Wilmington, Delaware. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Terms shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Cambridge, Massachusetts, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Terms shall be entitled to costs and attorneys’ fees. If any part of the Terms 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 the Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Dobility may assign its rights under the Terms without condition. The Terms will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.