Terms & Conditions
Welcome to Evoosurvey.com
By accessing or using our website and services, you agree to be bound by these Terms of Use (“Terms”). If you do not agree with any part of these Terms, you must not use our website.
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Privacy and Data Protection Compliance
- GDPR Compliance: Evoosurvey complies with the European Union’s General Data Protection Regulation (GDPR). Evoosurvey ensures that any personal data collected will be processed in accordance with GDPR and applicable data protection laws.
- Data Storage and Consent: Evoosurvey only stores personal data if explicitly authorized by users for their convenience. Users who do not wish their data to be retained can use the services without their data being stored beyond the necessary session requirements.
- Data Use for Insights: While Evoosurvey performs analysis to create insights for the users, it does not use personal data for purposes beyond creating aggregated insights. Evoosurvey processes user data strictly within the confines of the consent provided by the users.
- No Data for Training Purposes: Evoosurvey does not use user data for training AI models or any internal development purposes unless expressly agreed upon by the user.
Ethical AI and Data Responsibility
- Commitment to AI Ethics: Evoosurvey is dedicated to adhering to AI ethics principles, ensuring that user data is handled fairly, transparently, and in ways that do not result in discrimination or harm. Any insights provided by Evoosurvey are designed to uphold these ethical standards.
- Transparency in Analysis: Evoosurvey provides transparency regarding the data sources and analysis techniques applied. The service will always seek to inform users on how their data contributes to any insight generation.
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Terms & Conditions
Welcome to Evoosurvey.com
By accessing or using our website and services, you agree to be bound by these Terms of Use (“Terms”). If you do not agree with any part of these Terms, you must not use our website.
1. Introduction
SMARTLOOK ANALIZ LIMITED ÅžIRKETI (“Evoosurvey,” “we,” “us,” or “our”) owns and operates cloud-based analytics software that tracks and analyzes data for product ideation, innovation testing, and claims. The Service is offered to you by SMARTLOOK ANALIZ LIMITED ÅžIRKETI, the registered owner of the Evoosurvey trademark.
These Standard Terms and Conditions (“Terms”) apply to anyone who uses our website and services. By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
2. Definitions
For the purposes of these Terms, the following terms shall have the meanings ascribed to them:
• “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.
• “Aggregated Data” means data that has been collected and combined from multiple sources in a manner that does not identify any individual and cannot reasonably be used to identify an individual, used solely for statistical analysis and service improvement.
• “Customer Service-Compatible Application(s)” means applications developed by you or authorized third parties that interoperate with the Service through the use of the Service APIs.
• “Deliverable” means any software, studies, documentation, and/or other materials prepared by Evoosurvey for you as described in an Order or Statement of Work (SOW) for Professional Services.
• “Malicious Code” means viruses, worms, time bombs, Trojan horses, and other harmful or malicious code, files, scripts, agents, or programs.
• “Order” means any online order for the purchase of a subscription or subscriptions for the Service or for the purchase of Professional Services that has been submitted by you using the electronic order forms provided by Evoosurvey.
• “Professional Services” means professional services provided by Evoosurvey to you for training, implementation services, development support, custom development, and other services, as described in an Order and/or SOW.
• “Service” means Evoosurvey’s cloud-based analytics and survey solution, including the Service APIs. The “Service” excludes all Customer Service-Compatible Applications.
• “Service APIs” means the APIs made publicly available in the Service for the purpose of integrating Customer Service-Compatible Applications with the Service and for entering and extracting data from the Service.
• “Service Tier(s)” means the various categories of Service access provided by Evoosurvey to customers, depending on the type of subscription purchased.
• “Statement of Work” or “SOW” means a statement of work for Professional Services and/or Deliverables executed by the parties.
• “Subscription Fee” means the monthly, annual, or multi-year fees payable by you to Evoosurvey for the right to receive access to the Service as specified in your then-current Order(s).
• “Subscription Term” means the initial subscription term for the Service and any renewal periods as specified in your Order(s).
• “Term” has the meaning ascribed to that term in Section 14.1.
• “User” means an individual who is authorized by you to use the Service on your behalf and who has been supplied a user account and password.
• “You” means the person, organization, or entity using our services. “Your” shall have a correlated meaning.
• “Your Data” means all electronic data or information submitted by you and/or your Users to the Service.
3. Grant of License
3.1 Commercial License Grant
Subject to these Terms, including payment of all applicable Subscription Fees, Evoosurvey grants you a limited, personal, non-transferable, non-sublicensable license to use the Service during the Subscription Term in accordance with the Service Tier for which you have subscribed.
3.2 User Accounts
User accounts are for use by designated Users and cannot be shared or used by more than one User but may be reassigned to new Users replacing former Users who no longer require ongoing use of the Service.
3.3 Third-Party Services
You acknowledge and agree that the Service may present links to third-party websites or third-party products or services not owned or operated by Evoosurvey. Evoosurvey is not responsible for the availability or content of these third-party websites or services.
3.4 Your Affiliates
Your Affiliates may procure subscriptions for the Service subject to these Terms. You shall ensure that each of your Affiliates complies with these Terms.
4. Use of the Service
4.1 Evoosurvey’s Responsibilities
Evoosurvey shall use commercially reasonable efforts to make the Service available in accordance with the Evoosurvey Service Level Agreement, except for planned downtime or any unavailability caused by circumstances beyond Evoosurvey’s reasonable control. Evoosurvey shall also provide support to you for the Service in accordance with the Service Level Agreement and the Service Tier purchased by you.
4.2 Your Responsibilities
You are responsible for all activities that occur in your User accounts and for your Users’ compliance with these Terms. You shall:
• Have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all of Your Data.
• Use commercially reasonable efforts to prevent unauthorized access to or use of the Service and notify Evoosurvey promptly of any such unauthorized access or use.
• Comply with all applicable local, state, national, and international laws in using the Service.
• Be responsible for any Customer Service-Compatible Applications developed or purchased by you.
4.3 Use Guidelines
You shall not:
• Use the Service to send spam or unsolicited messages.
• Use the Service to send or store infringing, obscene, threatening, or otherwise unlawful or tortious material.
• Use the Service to send or store Malicious Code.
• Interfere with or disrupt the integrity or performance of the Service.
• Attempt to gain unauthorized access to the Service or its related systems or networks.
4.4 Service Changes
Evoosurvey may change the Service at any time upon reasonable notice to you.
4.5 Professional Services
You may order Professional Services from Evoosurvey at the rates set forth by Evoosurvey. Purchased Professional Services (including training) are non-refundable and any unused Professional Services will expire twelve (12) months from the date of purchase.
4.6 Publicity
With your prior consent, Evoosurvey may use your corporate name and logo on the Evoosurvey website and in presentations and other marketing materials for the purpose of identifying you as a customer.
5. Data Protection and Privacy
5.1 Compliance with GDPR and Data Protection Laws
Evoosurvey is committed to protecting your personal data and respecting your privacy in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR). By using our services, you acknowledge that we will process your personal data in accordance with our Privacy Policy, which forms part of these Terms. You may view our Privacy Policy at: https://www.evoosurvey.com/privacy-policy.
5.2 Your Data
As between Evoosurvey and you, you exclusively own all rights, title, and interest in and to all of Your Data. Your Data is deemed to be your Confidential Information.
5.3 Processing of Personal Data
Evoosurvey will process personal data only on your documented instructions and in compliance with GDPR and other applicable data protection laws. Evoosurvey will not use Your Data for training purposes without your explicit consent.
5.4 Consent and Lawful Basis
You represent and warrant that you have obtained all necessary consents and have a lawful basis for collecting and processing personal data, and that such processing is in compliance with GDPR and other applicable data protection laws. You agree not to collect or provide special categories of personal data (as defined under GDPR) through the Service unless necessary and with appropriate safeguards.
5.5 Data Subject Rights
You are responsible for handling any requests from data subjects in relation to their personal data. Evoosurvey will assist you by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of your obligation to respond to requests for exercising the data subject’s rights under GDPR.
5.6 Data Storage and Retention
Evoosurvey will not store your data unless you consent to such storage. We will retain personal data only for as long as necessary to fulfill the purposes for which it was collected or as required by law.
5.7 Data Security
Evoosurvey shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including measures to protect personal data from unauthorized or unlawful processing and against accidental loss, destruction, or damage.
5.8 Data Breach Notification
Evoosurvey will notify you without undue delay upon becoming aware of a personal data breach affecting Your Data. Evoosurvey will provide you with sufficient information to allow you to meet any obligations to report or inform data subjects of the personal data breach under GDPR.
5.9 Subprocessors
Evoosurvey may engage subprocessors to process personal data on your behalf. Evoosurvey will ensure that any subprocessors are bound by contractual terms that offer at least the same level of protection for personal data as those set out in these Terms.
6. Ethical AI and Data Responsibility
6.1 Commitment to Ethical AI
Evoosurvey is dedicated to adhering to AI ethics principles, ensuring that user data is handled fairly, transparently, and in ways that do not result in discrimination or harm. We ensure that our AI systems are transparent and that users have access to understandable information about how their data is processed.
6.2 Transparency in Analysis
We design and operate our services to avoid bias and discrimination and to promote inclusivity. Evoosurvey provides transparency regarding the data sources and analysis techniques applied. We will always seek to inform users on how their data contributes to any insight generation.
6.3 Accountability
Evoosurvey is accountable for the proper functioning of our AI systems and for the decisions they make. We regularly assess and audit our AI systems to ensure compliance with ethical standards and regulatory requirements.
7. Use of Data for Insights
7.1 Data Processing
We process your data solely to provide the services requested by you, in compliance with applicable data protection laws.
7.2 Data Use and Anonymization
We may process your data to provide the services requested by you. Any data analysis will be conducted in compliance with applicable data protection laws, and we will not use your personal data for any purpose other than delivering the services to you.
7.3 Data Ownership
You retain all rights, title, and interest in and to Your Data. We will not claim any ownership over Your Data or any derivatives thereof. Any aggregated statistical data generated from Your Data will be used solely for improving our services and will not identify you or any individual.
8. Fees and Payment
8.1 Fees
In consideration for the receipt of the Service, you shall pay Evoosurvey the Subscription Fees and any Professional Services fees specified in your Order(s).
8.2 Invoicing and Payment
Evoosurvey will invoice you electronically. Unless otherwise stated, all invoiced amounts for the Service are due upon your receipt of Evoosurvey’s invoices.
8.3 Taxes
Unless otherwise stated, Evoosurvey’s prices do not include any taxes. You are responsible for paying all applicable taxes associated with your purchases pursuant to these Terms.
8.4 Pre-authorized Payment
By providing your payment information, you authorize Evoosurvey to charge your payment method for all outstanding fees, taxes, and charges incurred by you.
8.5 Fee Changes
Evoosurvey may change the fees for the Service and Professional Services at any time. Changes to the fees will become effective at the time of posting on the Evoosurvey website.
8.6 Suspension of Service
If your account is overdue, Evoosurvey shall have the right to suspend provision of the Service to you without liability until such amounts are paid in full.
9. Proprietary Rights
9.1 Reservation of Rights
Evoosurvey retains all rights, title, and interest in and to the Service, excluding Your Data. All rights not expressly granted to you are reserved by Evoosurvey.
9.2 Your Data
You retain all rights, title, and interest in and to Your Data. Evoosurvey will only process Your Data as necessary to provide the Service to you, in compliance with applicable laws and regulations.
9.3 License Restrictions
You shall use the Service and your Customer Service-Compatible Application(s) solely as contemplated in these Terms and shall not license, sublicense, sell, resell, lease, transfer, assign, distribute, time-share, or otherwise make the Service available to any third party.
9.4 Lawful Purposes
You will comply with all laws and regulations applicable to your use of the Service and any Customer Service-Compatible Applications.
9.5 Suggestions
If you provide any feedback or suggestions to Evoosurvey regarding the Service, Evoosurvey may use such feedback or suggestions without any obligation to you.
10. Confidentiality
10.1 Definition of Confidential Information
“Confidential Information” means all confidential and proprietary information of a party disclosed to the other party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential.
10.2 Confidentiality Obligations
The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms, except with the Disclosing Party’s prior written permission.
10.3 Protection of Confidential Information
Each party agrees to protect the confidentiality of the Confidential Information of the other party using at least the same degree of care that it uses to protect its own confidential information.
10.4 Compelled Disclosure
If the Receiving Party is compelled by law to disclose Confidential Information, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance.
11. Warranties and Disclaimers
11.1 Warranties
You warrant that you have the legal power and authority to enter into these Terms.
11.2 Disclaimer
EVOOSURVEY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
12. Mutual Responsibility
12.1 Mutual Responsibility
Each party agrees to be responsible for its own actions and omissions and shall comply with all applicable laws and regulations. Neither party shall be required to indemnify the other, but both parties agree to work together in good faith to resolve any disputes or claims arising from the use of the Service.
13. Limitation of Liability
13.1 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EVOOSURVEY NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
13.2 Aggregate Liability
IN NO EVENT SHALL EVOOSURVEY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT.
14. Term and Termination
14.1 Term
These Terms commence on the date you accept them and continue until all subscriptions granted in accordance with these Terms have expired or been terminated.
14.2 Termination for Cause
A party may terminate these Terms for cause upon written notice if the other party materially breaches these Terms and such breach remains uncured for thirty (30) days after receipt of written notice.
14.3 Effect of Termination
Upon termination, your right to access or use the Service immediately ceases. Evoosurvey will have no obligation to maintain or provide any of Your Data and may thereafter delete or destroy all copies of Your Data.
15. General Provisions
15.1 Entire Agreement
These Terms constitute the entire agreement between the parties and supersede all prior agreements and understandings.
15.2 Amendments
Evoosurvey may amend these Terms from time to time. The updated Terms will be posted on the Evoosurvey website, and your continued use of the Service constitutes your acceptance of the amended Terms.
15.3 Severability
If any provision of these Terms is held by a court to be invalid or unenforceable, the remaining provisions shall remain in effect.
15.4 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Evoosurvey is registered.
15.5 Notices
All notices under these Terms shall be in writing and shall be deemed to have been duly given when received.
Contact Information
If you have any questions about these Terms, please contact us at:
Email: serkan@evoosurvey.com
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
EvooSurvey
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