Terms of Service

These Terms of Service (“terms, terms of service”) dictate the terms under which Qrvey Inc. (“us”, “we”, or “our”) and all of its associated affiliates provide their services (“Services”, “Service”) to you and other entities (“you”, “user”, “users”), as well as how the Services may be used by you.When you as an individual sign up for a Qrvey account or choose to take a Qrvey, you affirm your acceptance of these terms. If you disagree with any part of these terms, you may not use the Service.When you, on behalf of an organization, agree to these terms, you represent that you have the legal authority to do so and affirm your acceptance of these terms on behalf of your whole organization. In such cases, the organization will be referred to as “you” and “your”. If you disagree with any part of these terms, you may not use the Service.When updates to these terms occur, an email will be sent to you at the email address with which you registered your Qrvey account. If you do not have a Qrvey account, you will not receive these notifications.

Billing

We collect your billing information when you choose to sign up for one of our premium service tiers (“premium service tier”, “premium tier services”, “premium tiers of service”) offered in the Service provided by Qrvey Inc. called Qrvey. By providing your billing information (to include contact information such as name, email address, permanent/business address, etc., as well as financial information such as credit card information including the number, expiration date, associated name, and billing address) and signing up for a premium tier service, you agree to pay Qrvey Inc. any fees in accordance with the pricing terms presented to you at the time you sign up for our premium tier services. Our premium tiers of service are purchased on an annual basis (henceforth “Subscription” or “Subscriptions”).

Auto-Renewal, Subscription Cancelation, and Change in Fees

By default, your Subscription will auto-renew. This can be changed in your account’s settings page, under the header titled “Billing”. Billing occurs on the date payment is received and recurs at the start of each iteration (each iteration we call a “Billing Cycle”) until you notify us to cancel your Subscription, you disable auto-renew and allow your subscription to lapse, or we fail to receive payment and as a result terminate your premium tier services. The option to cancel your Subscription can be accessed through your account settings page after logging in and will be found under the heading “Billing”. When canceling your account, you will still have access to the premium tier of service and features for the remaining duration of the last Billing Cycle for which payment was received. You are not entitled to a refund for any remaining unused period of your Subscription.

We reserve the right to change the fees charged for premium tier services and will notify current users of the changes by means of the email associated with their account within a reasonable time before the price changes take effect in order to afford users ample time to cancel their Subscriptions should they so choose. Breach of these Terms of Service can result in the immediate cancelation of your account without notice or refund for the current Billing Cycle.

Privacy

Using Qrvey necessitates the dissemination of your private information both to us, as well as to third parties such as other users and our service providers. When making Qrveys, you will also receive the private information of others, as will we. We treat all user data and content as confidential and use it in accordance with our privacy policy. You also agree to abide by our privacy policy and treat the personal information of others with respect and within the bounds detailed therein.

Content and Ownership

Content created by you through our Service, to include Qrvey forms and questions, as well as the data you gather with them, belongs to you. This data can include the private information of others that they have submitted to you. By agreeing to these Terms of Service and our privacy policy, you are also agreeing to honor the confidentiality of others by not selling or otherwise distributing the personal information beyond what a respondent could reasonably expect when responding to your form. Data that you anonymize and/or aggregate to this end, and that is otherwise in accordance with our Terms of Service, privacy policy, and the all applicable laws, are exempt from this limitation (namely the limitation on the dissemination of your content on the grounds of confidentiality).

Use of our Services does not grant you ownership of the Services or any of the content that you access through the Services that is not owned by you. You agree to grant us, and our third party service providers, free license to use your content for the limited purposes of providing our Services to you and ensuring compliance with our terms, policies, and the law. All data used for this purpose will remain internal amongst Qrvey Inc. and its service providers unless you have given us express permission to use your content beyond what these terms explicitly permit, or it is necessary for legal & lawful purposes, such as, but not limited to, cases where users are alleged to be in violation of the law, these terms, our privacy policy, or should we receive a legally binding request.

If you find content that you believe violates your, another person’s, or an organization’s copyrights or other intellectual property rights, you may contact us through this form. To ensure a timely response and resolution of the matter, please mention the alleged violation in the title of your submission.

Content created through the Services by other users is not owned by Qrvey Inc. and is the sole responsibility of the creator. Questions or concerns regarding other users’ content, when of a civil nature, should be directed to said users. Should you determine another user’s actions or content to be illicit or in violation of our Acceptable Uses, Terms of Service, or privacy policy, please contact support immediately with the necessary information required for us to evaluate the violation in question.

Accounts

User accounts are issued by Qrvey Inc. and can be suspended, revoked, or terminated at our discretion for violations of these terms, our privacy policy, and/or the laws of the United States of America, the Commonwealth of Virginia, the County of Fairfax, or any other applicable governing law. Responsibility for the security of the user account lies with the user and the user to which the account was issued is entirely responsible for any and all activity on their account. You agree to not create another account if your initial account is terminated by us. If you wish to dispute the termination of your account, contact support. We are not obligated to respond to these requests. Failure on our part to respond does not legitimize the creation of a new account by users who have had their prior account terminated. Should we find that a new account has been created by an existing or former user, we reserve the right to terminate any or all of said accounts without notice. The user agrees to keep their personal and billing information up to date and to not misrepresent themselves or otherwise provide false information. Free accounts are not to be shared by multiple users. Businesses and other organizations that wish to share an account across multiple individuals must purchase and maintain a Subscription to a premium tier of our Services, as well as have their users registered independently on the account information page. Users affirm that they are at least 13 years of age and reside in the United States of America, Canada or territories under the governance of either. If you do not meet this criteria, we are unable to issue you an account. Misrepresenting your age or residence is a breach of these terms and can result in the termination of your account without notice.

Security

Should your account be compromised, contact support immediately. Qrvey Inc. is not liable for any effect or injury to you or others resulting from a compromised account, including, but not limited to loss of data owned by you, the abuse of personal information gathered from your account and data including your own, and/or the inappropriate or illicit use of the Services through your account.

Termination and Suspension

Qrvey Inc. reserves the right to suspend or terminate user accounts for failure to abide by these terms, our privacy policy , or the law. We may also terminate user accounts at our discretion if we deem them a legal liability, if they are disrupting the Service, or hampering the ability of other users to use the Service. In cases where allegations are made against an account, it will be suspended until the matter is investigated and resolved. Suspended accounts will retain their content. We are not responsible for the loss of data and/or content in the case of any and all terminated accounts. Users who create new accounts or otherwise circumvent the loss of their accounts may be blocked from future use of the Service by stronger measures such as blacklisting their IP address.

Should you wish to terminate your account, you may do so by contacting support. By terminating your account, all of your content will be erased from our system without means of retrieval. You agree to not hold Qrvey Inc. responsible for any loss of your content.

Cancelation of your premium tier service before the end of a Billing Cycle does not entitle you to a refund for the remaining period of the Billing Cycle. Your account will retain the same premium feature set until the end of the billing cycle at which point the account will revert back to a normal Qrvey account. The content generated by you using the Premium Services will remain on your account, unchanged.

Acceptable Use

You agree to use the Services in accordance with applicable laws. The content you create and communications with others made through the Services are solely your responsibility. Additionally, you agree to abide by the following requirements for acceptable use:

  1. You may not use the Services to collect restricted or regulated information without contacting us and receiving our approval to do so. An example of such information would be private health information protected under HIPPA.
  2. You may not disseminate the personal information that you collect with or through our Services. This is discussed more thoroughly in our privacy policy.
  3. You may not use the Services to spam others. If a user directly contacts you, requesting to not receive further communications, you are required to abide. Failure to do so can result in the termination of your account without notice. If an investigation into such a matter is taking place, your account may be suspended until the dispute is resolved.
  4. You may not use the Services to slander, defame, harass, personally attack, or otherwise cause injury to others.
  5. You may not resell the Services.
  6. You may not access the Services by means not approved or provided by us.
  7. You may not use the Service further if your account has been suspended or terminated without having your original account reinstated by us.
  8. You may not exploit or attempt to exploit vulnerabilities in the Services for any reason including, but not limited to: the transmission of malicious software or links to malicious software, gaining access to the private information of others, infringing upon the intellectual properties of others, or gaining unauthorized access to the network and systems of Qrvey Inc. and all of its affiliates.

Qrvey Inc. does not assert this list to be exhaustive. We reserve the right to suspend or terminate accounts for reasons other than those that are listed. If you feel that your account was wrongfully suspended or terminated, you may contact support to dispute the action taken by us.

Limitation of Liability and Indemnification

The information and Services of Qrvey Inc. are provided “as is” and, to the maximum extent permitted by law, are provided without warranty of any sort whatsoever, to include those of an express, implied, or statutory nature such as the reliability and availability of the Services. The user expressly agrees that Qrvey Inc. and its affiliates will not be liable for any indirect, consequential, exemplary, punitive, incidental, or special damages whatsoever, to include without limitation damages for loss of data, use, & profits, internal disputes, acts of God, failure of telecommunications and/or internet, civil unrest & war, terrorism, biological and/or chemical warfare, or compliance with the law or governmental order, rule, or regulation. To the extent permitted by law, Qrvey Inc. and its affiliates’ liability in the case of consequential losses shall not exceed the amount paid by the user to Qrvey Inc. in the 12 months preceding the event resulting in the liability in question.

In the case of individuals, businesses, and organizations, you agree to hold harmless and indemnify Qrvey Inc. and its affiliates from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) resulting from third party claims in connection with your use of our Services to the extent that such liabilities, damages, and costs were caused by you.

Policy Regarding Changes to Terms and Services

Changes to these terms and our privacy policy will be announced to users through the email address they used to create their Qrvey accounts. These changes can occur to limit our liability, adjust to new laws, and account for new Services and features. Some changes may require your acknowledgement before you may continue using the Service. In such cases, you will be prompted the next time you log into your account. By continuing to use our Services, you agree to the changes. Changes to our Services are inevitable as we add features and functionality, as well as modify or remove existing features and functions. Qrvey Inc. may make such changes without the prior consent of users, but in cases where user content or other data may be lost, we will do our best to inform users by email a reasonable amount of time before the changes take effect.

Your Agreement to These Terms of Service

If you do not agree to these terms you may not use the Services. If you are prohibited by these terms from using the Services, you may not use the Services. By using the Services, you affirm that you have viewed, examined, and agreed to these terms, including all relevant documents such as the privacy policy.