These terms (“User Terms”) relate to your use of Snap WebHost, and by using Snap WebHost, or otherwise inputting Survey Data into and/or viewing or analyzing Survey Data held in a WebHost Account, you confirm that you have read and understood and agree to these User Terms.
You have been given access to Snap WebHost by or at the request of the Customer, who has entered into a Software License and Services Agreement with Snap Surveys (the “Agreement”) under which the Customer and its permitted users may use certain of Snap Surveys’ Software and Services.
The terms of the Agreement are available at https://www.snapsurveys.com/survey-software/license-us. Any capitalized terms that are not defined in these User Terms shall have the meaning given to them in the Agreement.
1. COMPLIANCE WITH THE AGREEMENT
In consideration for Snap Surveys providing you with access to Snap WebHost you agree to comply with the terms of the Agreement to the extent that they relate to your use of the Software, Services and/or Documentation. In particular, but without limitation, you agree to comply with the following:
1.1 You will use the Software and the Services for the Customer’s internal business purposes only and in accordance with the terms of the Agreement.
1.2 You shall comply with and shall ensure that everyone to whom you grant access to the Software and/or Services complies with the Acceptable Use Policy, which is incorporated into these User Terms by reference. You shall also comply with any technical specifications or limitations issued by Snap Surveys from time to time.
1.3 You shall not:
(a) except as permitted by law:
(i) attempt to copy, adapt, alter, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any part of the Software and/or the Documentation in any form or media or by any means; or
(ii) attempt to decompile, disassemble, reverse engineer or otherwise reduce to human perceivable form all or any part of the Software; or
(iii) combine the Software with other software;
(b) access or use all or any part of the Services, Software or Documentation in order to build a product or service which competes with the Services, Software or Documentation;
(c) use the Services, Software or Documentation to provide services to third parties (save that you may perform data collection and reporting activities on behalf of the Customer’s clients);
(d) misuse the Services by interfering with their normal operation, or attempting to access them other than through the interfaces and instructions provided by Snap Surveys;
(e) license, sublicense, sell, rent, lease, transfer, assign, distribute, disclose or otherwise dispose of or grant rights in the whole or part of the Services, Software and/or Documentation to any third party;
(f) remove any copyright or proprietary notice from the Software or the Documentation; or
(g) allow the use of the Software, Services or Documentation by any person other than the Customer’s employees.
1.4 If you are a Researcher, the Customer may permit you to grant access to Associate Users to enable them to input Survey Data into and/or to view or analyze Survey Data held in your WebHost Account, by providing them with an Associate User username and password. The rights of the Associate User do not extend to any other rights to use the Software, Services or Documentation.
1.5 If you are a Researcher, you are responsible for all activity occurring in your WebHost Account (including without limitation the activities of any Associate Users). You shall ensure that:
(a) you keep the username and password for your use of Snap WebHost confidential;
(b) each of your Associate Users keeps the username and password allocated to them confidential;
(c) each of your Associate Users agrees to any applicable WebHost User Terms required for their use of the Services;
(d) you maintain an up to date list of current Associate Users and shall provide the list to Snap Surveys within 7 days of Snap Surveys’ request; and
(e) your Associate Users use the Services and the Software in accordance with the terms of the Agreement and you shall be responsible for any of your Associate User’s breach of the Agreement (including any breach of the Acceptable Use Policy).
1.6 You acknowledge that:
(a) your use of the Hosting Services may be slowed or delayed at times of high demand; and
(b) Snap Surveys makes no guarantees as to availability of the Hosting Services and has the right to restrict access to the Hosting Services at any time where Snap Surveys believes that this is necessary.
1.8 You are responsible for the legality, reliability, integrity, accuracy and quality of the Survey Data input by you or on your behalf, and shall ensure that you have all rights and permissions required to use the Survey Data in connection with the Software and the Services.
1.9 You will ensure that:
(a) you comply with all applicable Data Protection Laws (including without limitation in relation to the sending of emails to Respondents);
(b) your use of the Software and the Services complies with any and all privacy policies, agreements and other obligations that the Customer may enter into with third parties, including Respondents;
(c) without limiting the above, you have a lawful basis for processing all Personal Data contained within the Survey Data, and you are entitled to transfer the relevant Personal Data as envisaged under the Agreement so that Snap Surveys and its Subprocessors may lawfully use, process, store and transfer the Personal Data in accordance with the Agreement on the Customer’s behalf; and
(d) all relevant third parties (including Respondents) whose Personal Data may be contained in the Survey Data have been provided with appropriate notices and information, and where relevant have given their consent to, such use, processing, storage and transfer as required by all applicable Data Protection Laws.
1.10 You shall, and if you are a Researcher, you shall ensure that your Associate Users shall, hold Snap Surveys’ Confidential Information in confidence and not make Snap Surveys’ Confidential Information available to any third party or use it for any purpose other than as permitted by the Agreement.
1.11 You acknowledge that details of the Services, the Software and the Documentation constitute Snap Surveys’ Confidential Information.
1.12 All Intellectual Property Rights in the Services, the Software and the Documentation and any developments made to them belong to Snap Surveys and/or its licensors. You do not acquire any right or interest in or to these and shall only use the Services, the Software and the Documentation in accordance with the terms of the Agreement.
2. LIMITATION OF LIABILITY
2.1 Nothing in these User Terms excludes the liability of Snap Surveys for:
(a) death or personal injury caused by Snap Surveys’ negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any other liability that cannot be excluded or limited by law.
2.2 Subject to clause 2.1, Snap Surveys’ total aggregate liability to you whether in contract (including under any indemnity), misrepresentation (whether innocent or negligent), tort (including negligence or breach of statutory duty), restitution or otherwise, arising in connection with these User Terms, the Agreement or otherwise in respect of your use of the Software, the Services or the Documentation, shall be limited to $50.
3. SUSPENSION AND TERMINATION
3.1 Any rights that you have to use the Software, Services or Documentation are subject to there being a valid Agreement in place with the Customer. You must cease all use of the Software, Services and Documentation:
(a) on expiry or termination of that Agreement; or
(b) if the Customer closes your WebHost Account or otherwise notifies you to stop using the Software, Services or Documentation.
3.2 In addition, if Snap Surveys considers that you are in breach of these End User Terms, Snap Surveys may, without liability to you, suspend or terminate your access to all or part of the Software or Services.
4. CHANGES TO THESE USER TERMS
4.1 Snap Surveys may change these User Terms on giving notice by email to you or by posting a notice on the homepage of its website, www.snapsurveys.com. The revised User Terms will take effect for all users 14 days after that posting.
5. GOVERNING LAW AND JURISDICTION
5.1 Subject to clause 5.2, these User Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New Hampshire and Snap Surveys and you submit to the exclusive jurisdiction of the New Hampshire courts.
5.2 Snap Surveys may apply to any court anywhere in the world for an order restraining your use of the Software, Services and/or Documentation in breach of these User Terms and may enforce any such order.
Last Updated: 10 May 2018. Effective: 25 May 2018.
For the previous version of these User Terms, please click here.