Terms of Service

Please read these Terms of Service, the Privacy Policy and the Data Processing Agreement. Together these three (3) documents constitute agreement ( “Agreement”) that applies to all Users of Our Service. This Agreement is between Survicate S.A. with its registered office in Warsaw (postal code 02 – 786) at ul. Zamiany 8 LU2, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS number: 0001021023, NIP number: 9512390641, fully paid-up share capital: PLN 300,000.00, contact e-mail address: support@survicate.com (“Survicate”, “Service Provider”, “We”, “Our” or “Us”) and an adult person (having legal capacity) who is entitled to set up a company Account and does so in connection with the activity or profession performed and the rights held in the company - is not a consumer within the meaning of the law, for personal, family, non-business use (“Authorized Person”, “User”, “You” or “Your”). When we write "You", "Your" is to be understood in relation to each “User” and “Authorized Person” too. The Agreement sets out Your and Our rights and obligations. By signing up to Survicate’s Service, You agree that You have read, understood and are bound by the Agreement.

The Terms of Service come into force on 28/02/2025.

1. Definitions

1.1. Account – an account created on the Website which is necessary to use the Services. Only registered Users have access to the Account. The following data are necessary to log on to the Account: active e-mail address and the Password. The Account is used free of charge. By creating an Account on the Website, You declare that You are authorized to represent the company and use company data, and You provide truthful data.

1.2. Account Data – anything that You share with us, including personal data and Confidential Information in connection with Services provided.

1.3. Account access service – the service provided by Us through the Internet and with the use of the Website which consists in the access to the Account, management of the Account details, possibility of purchasing and activating the Services, as well as the possibility of downloading the data by the User in the form of a CSV file.

1.4. Agreement – agreement on provision of the Services on the terms and conditions set out in the Terms of Service, concluded electronically between the User and Us. The Agreement is concluded upon registration of the Account and terminated upon deletion of the Account. The contract for Subscription is concluded at the time of purchase of the Subscription and terminated at the end of the Service.

1.5. Authorized Person – a natural person who has been invited by the User to take advantage of the Services as part of the User Account. The User may grant to the Authorized Person access to all Services available on the Website or only to selected areas and functionalities. With respect to the rights granted by the User to the Authorized Person, the Authorized Person is the User’s plenipotentiary for using the Services. The provisions of the Terms of Service, Rules and Regulations which apply to the User shall be applied to the Authorized Person accordingly. The User may assign different roles to Authorized Person, e.g. organization owner, admin, a user, or a guest. An Authorized Person can simultaneously be a member of another organization (User) or be an independent User.

1.6. Confidential Information - any information disclosed by either party to the other party under this Agreement, either directly or indirectly, in writing, electronic or orally (including, without limitation, documents, Personal Information, software). Confidential Information may also include information disclosed to a disclosing party by third parties. Confidential Information shall not, however, include any information which (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (ii) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (iii) is already rightfully in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party's files and records immediately prior to the time of disclosure; (iv) is obtained by the receiving party from a third party without a breach of such third party's obligations of confidentiality; or (v) is required by law to be disclosed by the receiving party, and discloses only so much of the Confidential Information as is required. The fact of establishing cooperation between the Parties, including the use of the Services by the User, is not considered Confidential Information.

1.7. Entrepreneur – a natural person, a legal person or an organizational unit without the status of a legal person which has legal capacity, and which, in its own name, conducts economic or professional activity within the meaning of the Civil Code.

1.8. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

1.9. Package – a set of Services offered by the Service Provider with the parameters and limits set out in the Price List or a separate agreement, thanks to which the User is able to use the Service for the fee set out therein.

1.10. Password – a series of alphanumeric or/and special characters necessary to conduct authorization in the process of gaining access to the Account.

1.11. Price List – the schedule made available by the Service Provider at URL address: https://survicate.com/pricing, which sets out the cost for which the Service is provided by Us to You, as well as detailed functionalities and technical parameters of the Packages.

1.12. Registration – made in order to create the Account on the Website by entering the e-mail address in a relevant registration form. It is a process of acquiring the User rights, which is approved both by the Service Provider and the User. The registration form may be made available through the Website and/or through other access channels authorized by Us.

1.13. Service – the service provided by the Service Provider through the Internet and with the use of the Website which consists in the access to functionalities as part of the Package chosen and access to the ICT system where the User may store data.

1.14. Services – shall be understood as both the Account access service and the Survicate Service.

1.15. Subscription – access to the Package for a definite period, i.e. the period for which the User makes payment in advance and extends automatically if You don't unsubscribe. The scope of the Package’s functionality as part of the Subscription has been set out in the Price List or separate agreement.

1.16. Subscription Period – the period indicated in the Price List or separate agreement for which the User made the payment and/or has undertaken to make the payment in the amount set out in the Price List. The Subscription Period ends on the date which corresponds to the date on which the Subscription Period started, lasts one month, quarter or one year, and ends on:

1.16.1. in case of month subscription - the same last day of a next given month. If the customer purchased a subscription on the 31st, and in the next month there is no such day, the billing period will end on the last day of the month, i.e. on April 30 or February 28, respectively

1.16.2. in case of quarter subscription - the same day of a third month counting from the subscription begin month. If the customer purchased a subscription on the 31st, and in the next quarter month there is no such day, the billing period will end on the last day of the month, i.e. on April 30 or February 28, respectively

1.16.3. in case of a year subscription - on the date corresponding to the same date in the following calendar year

1.17. Software - software belonging to the Service Provider through which Services are provided to Users, i.e. Website.

1.18. Term of the Agreement – the period during which the User and Survicate remain bound by the Agreement, i.e. the period from the moment at which the Account was created to the termination of the Agreement.

1.19. User – a natural, a legal person or an organizational unit which uses the Service on the basis of the Agreement. The person who creates the Account for a User being a legal person or an organizational unit shall be obliged to obtain relevant authorization in advance. Entrepreneurs may be the User, using the Service in connection with the conducted activity or profession, the provision of services or the performance of work.

1.20. Website – the system of Service Provider’s websites, including the limited access area, through which the User may manage the Services available in it. The Website is available at URL address: https://panel.survicate.com.

2. The Service

2.1. Under the Agreement, the User gains access to the Account (this is free). The Website helps the User manage the Account, as well as purchase or activate other Services available in Price List.

2.2. During the Term of the Agreement, the User may order the Survicate Service in the Package selected.

2.3. The Service may be activated by the User as early as the stage of Registration on the Website, and at any Term of the Agreement in accordance with the Terms of Service.

2.4. The cost of use of the Survicate Service has been provided in the Price List.

2.5. The User has a possibility of analyzing on the Website the answers and effectiveness of the surveys created thanks to detailed reports.

2.6. You can also:

1. browse profiles of the respondents and analyze their behavior on websites where the survey has been placed,
2. analyze activity of the respondents of the websites when a survey is active, answers, as well as the reaction to a call for action.

2.7. Depending on the Package chosen, the Service may have limitations with respect to access to certain functionalities and/or differences in limits for use of certain events. The detailed information on that and the description of the Service can be found in the Price List.

2.8. During the Term of the Agreement, the Service Provider may offer to Users additional paid and/or free services on the terms and conditions set out in separate rules and regulations as well as price lists.

3. Your rights and obligations

3.1. The Service Provider shall offer the User support connected with the Services available on the Website.

3.2. The User shall have the right to manage the Services through the Account and the right to view the personal data he has gathered. There is a possibility of changing the email address or other personal data, including payment data, after login in.

3.3. The User undertakes:

1. to verify, in advance, whether the technical requirements that need to be met in order to use the Website, including the Services, are complied,
2. to update data, including personal data,
3. not to use the Website to phish other Internet users, through malware or fraudulent acquisition of access data or other information,
4. not to use the Website to collect card data, login and password data, official id numbers like national insurance numbers, passports number or other data that may lead to taking over the identity of a person or causing damage to them,
5. inform respondents about the legal basis of the collected personal data and other legal obligations arising from the processing of personal data,
6. not to take any actions which fail to comply with the generally applicable legal regulations (in particular, it is forbidden to disseminate content which contain child pornography, human trafficking, violence and hate speech, which breach copyright and/or other intellectual property rights of third parties, as well as contravene rules of social coexistence, show extremely drastic scenes or may be considered to be vulgar or offensive lib),
7. not to supply through the Services illegal content/data (in particular, pornographic and racist ones), which are generally considered to be vulgar, offensive and/or obscene, or which may offend feelings of other people, including religious and political ones, or any other content/data which violate legal regulations,
8. not to use the Services to sell goods and/or services which are contrary to legal regulations,
9. not to post misleading information regarding the authenticity and origin of goods and/or services,
10. not to use the Website and the Services in a manner which is contrary to applicable legal regulations or rules of decency (indecent gambling, prostitution, excessive promotion of stimulants, illicit arms trade) as well as which infringe on personal rights of third parties and/or Service Provider’s justified interests; Survicate is entitled to refuse to provide services if it is determined that the subject of the User's activity may affect Survicate's image and the mere presence of the Survicate tool on the User's side may prove harmful to Survicate,
11. not to send unsolicited commercial information through the Website,
12. not to interfere in the Website’s and Service’s source code,
13. not to post through the Survicate Service hyperlinks to infected websites or websites whose content is contrary to law or rules of decency,
14. not to take any actions which may hinder and/or disrupt the Website’s and Services’ operation, in particular by intentionally placing a malicious code or infected files,
15. to use the Services within the applicable legal limits and for their intended purpose,
16. not to access the Accounts of third parties (e.g. by cracking Passwords of other Users),
17. not to generate excessive or disproportionate traffic on the connections or other elements of the infrastructure relied upon to provide the Service,
18. keep his Password strictly confidential and not to make it available in any manner to third parties,
19. not to make available to third parties his Account, as well as Account access data,
20. not to use the Services for malicious purposes, e.g. exploiting the ignorance or naivety of respondents as well as manipulating information, misleading, using small fonts, no information on risks etc.

3.4. As part of the Service, it is forbidden to use any software / scripts unauthorized by the Service Provider, in particular those which disrupt and/or in any manner make the use of the Services automatic, such as viruses, bots, other harmful software, etc.

3.5. You shall be obliged to use correct personal data and e-mail address or other data. The Service Provider reserves the right to request the User to confirm the correctness of his data by a copy of relevant documents (like company register excerpt, power of attorney).

3.6. The rights and obligations of the User may not be transferred to other Users and/or third parties. This means that the User should not transfer, sell, or dispose of their Account for the benefit of any other entity, unless otherwise agreed upon. The Service Provider shall be the sole entity authorized to render the Services for the benefit of the User.

4. Our rights and obligations

4.1. The Survicate does not moderate the content of the User Account.

4.2. We may ask the Users for opinions and their level of satisfaction with the Services and customer support. We assess the quality of the service provided based on the data controller's legitimate interest and verify whether the contract we provide is or has been provided at the appropriate level and your expectations have been met.

4.3. The Service Provider:

1. may examine the manner in which the Services are used, in particular through collection anonymous information which allow improving them in terms of functionalities and technical aspects,
2. has the right to examine the manner in which the Website, including the Services, is used, as well as create reports statistical analysis and use them in commercial activities (only anonymous data without any personal data of respondents or Your data),
3. may use the logos of the Users using the Website, including the Services, on the Survicate’s websites or promotional material, offers, etc. in order to indicate that they are or were Survicate’s clients,
4. may change, at its sole discretion, the properties and functionalities of the Services and/or the software used, provided that the level of quality of the Services rendered for the benefit of the User is not adversely affected,
5. reserves the right to render the entire Website and/or the Service or portions thereof, temporarily unavailable due to technical reasons, especially when performing maintenance or introducing changes to the Website or the Services. The Service Provider shall take every effort to limit, to the extent practicable, the arduous nature of such unavailability of the Website and/or the Services for the User,
6. undertakes to take every effort to ensure that the Services are rendered in a due manner, on a permanent and continuous basis,
7. may suspend provision of the Service (during active Subscription) if the User has breached the provisions of Terms of Service. Prior to the suspension of the Services, the User shall be requested, sufficiently well in advance, to provide explanation, and should he fail to provide it or provide an unsatisfactory answer, the Services shall be suspended within 24 hours. Information about the reason and date of removal will be visible as a form of e-mail notification/system notification visible after logging in. We reserve that we may disable the use of the Services faster and leave only logging in to the Account. The User has the right to make a complaint. Any compensations shall be looked into in accordance with the complaint procedure and legal regulations. We reserve that if We receive a phishing report indicating You used Services to conduct phishing, we have the right to delete Your Account ourselves within 24 hours and terminate the Agreement immediately.

5. Technical requirements

In order to gain access to the Services, it is necessary to:

1. accept the Terms of Service, Privacy Policy and Data Processing Agreement,
2. successfully complete the Registration on the Website,
3. use a device with one of the following Internet browsers with cookies enabled and access to the Internet with the minimum speed of 1 Mbit/s.

6. Account Registration and access

6.1. To use the Service, You need to create an Account by providing Survicate with all required information and accepting the Agreement. You agree to provide to Us with complete and accurate information upon registration.

6.2. If You use Our Website and Software on behalf of a legal entity (such as Your employer or a client), You represent and warrant that You have the authority to bind that legal entity. If You no longer have this authority, then You shall inform Us and the legal entity shall provide Survicate with a new authorized representative. We shall not be held liable should a person without the necessary authorization enter into this Agreement for and on behalf of a legal entity. Survicate assumes that the owner Account has access to the email address. Any changes will take place after acceptance to this email address. Survicate is in no way responsible for the situation if the email address assigned to the Account is not in the possession of the Account owner. In the event of such a situation, please contact technical support.

6.3. We have the right to access Your Account if there is a breach of the law, legitimate interest related to solutions regarding the services provided or if You consent to access to data in order to resolve a support request. We make every effort to ensure that Your data does not change in any way, but it may happen that it will be necessary to modify the data - if it is necessary for the purpose of solving the application, we will inform you about it and ask for your consent. If modification or deletion of data is necessary under the notice and take down procedure, we will inform You about the actions we have taken.

6.4. You are responsible for the security of your data (Account Data). We recommend using Two-factor authentication (2FA) to your account. If You notice that someone has hacked into your Account or has taken control over it, please inform Us immediately at security@survicate.com. We reserve that we are not responsible for actions or omissions committed using your Account and we have the right to block your Account in the event of a security breach on your part. In this case, only you bear full responsibility for actions or omissions using your Account and Survicate is not responsible in any way for lost profits or incurred losses.

6.5. If there is a dispute or doubts about Account access or User content ownership, we reserve the right to determine ownership (or login data) based on our reasonable judgment in our sole discretion, whether or not an independent investigation has been conducted.

7. Subscription and Payments

7.1. You shall make upfront payment for using the Service in the Package chosen. Payments are rightfully owed to Us, notwithstanding a lack of actual use of Subscription Services (i.e., Subscription paid without further use of Services).

7.2. The Services shall be provided in accordance with the time limitations indicated in the Price List.

7.3. The Service Provider may grant a discount to the User on the standard fees for provision of the Service on the terms and conditions set out in the Price List and/or separate regulations or agreement. The discount amount may, in particular, depend on the duration of the Subscription Period in the case of a given User.

7.4. The Service Provider activates the Service once the payment is made. In well-justified cases, We may activate the Service prior to the User’s payment. It is possible, however, only on the basis of an individual agreement between the parties to the Agreement.

7.5. Subscription is for a definite period. The User shall be informed at least 30 days prior to the expiry of the Subscription Period about the fact that Subscription shall automatically renew on monthly or annual periods, depending on the term contracted, unless You, at any time during Subscription period, decide to cancel their renewal through Account. If you've indicated your desire not to renew your Subscription, except in the event of an entire Account cancellation, the paid Subscription will remain active for the entirety of the contracted term. After this term, your Account will be downgraded to a free plan or its current equivalent.

7.6. During the Subscription Period, the User may, at any time, change the Package into a Package with higher parameters. Please get in touch with us: support@survicate.com or use the Website. A change of the Package into a higher one shall become effective within 48 hours of the payment - the payment shall be charged upon updating of the Package, and the remaining period in the transition month shall be adjusted on a pro-rata basis, whereas the Subscription Period shall remain unchanged. Upon ordering the Service, You declare the intention to receive VAT invoices. The VAT invoice shall be issued by electronic means, without the recipient’s signature. The invoice shall be sent through the Service Provider’s e-mail address: payments@survicate.com or a separate page. By accepting Terms of Services, you consent to the delivery of the invoice in this very form.

7.7. You can pay with:

1. bank transfer - depending on pricing business plan,
2. credit card with PayPal (Europe) S.à r.l. et Cie, S.C.A., a limited liability partnership registered as R.C.S. Luxembourg B 118 349, with its office at 22-24 Boulevard Royal, L-2449, Luxembourg. The terms and conditions of using the website referred to in this definition, as well as the rules for processing payments through the entity referred to in the preceding sentence have been set out in separate regulations available at URL address: https://www.braintreepayments.com/legal,

7.8. You shall provide Survicate or its third-party payment processor, with accurate and complete billing information including full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize Survicate to charge all Subscription fees incurred through your Account to any such payment instruments. All amounts paid are non-refundable. You further agree to be responsible for all taxes associated with the Service, along with any transaction fees and currency conversions added by your financial institution and intermediaries.

7.9. You can choose the frequency of payment for the Service and this is a recurring payment (consent for charging the credit card with recurring payments) in accordance with the Price List. The recurring payment is renewable. You may withdraw this consent for the recurring payment by sending an e-mail to the address support@survicate.com (You may be requested to log on to the Account in order to confirm the instruction submitted), effective as of the end of the Subscription Period.

7.10. You may manage Your payment and data after logging in the Account panel.

7.11. The payment amount depends on the Package and the Subscription Period chosen by the User.

7.12. The prices in the Price List are net amounts. Tax in the invoice shall be settled in accordance with applicable regulations. Prior to the purchase of the Package, the User can obtain transparent information on the invoice gross amount.

7.13. The User may use a Package in which he can negotiate the price terms and conditions. It applies only to the Package indicated in such a way in the Price List. In such a case, an offer shall be presented by electronic means, and it shall be deemed accepted once the offer’s acceptance has been confirmed.

7.14. Some banks may collect a fee/commission in the case of card or bank transfer payment (transfer abroad), and add it in accordance with their current price list, which is beyond the control of the Service Provider. Please read the rules for settlements, in particular international settlements, valid in your bank. The above-mentioned costs are not covered by the Service Provider.

8. Content in Survicate’s services

8.1. Your content is your responsibility. When we say “your content” in these terms, we mean all the things you add (upload, post, share, or stream) to Our Services. This may include text, links, GIFs, emoji, photos, videos, documents, or other media. If we come up with another way for you to add content to the Services, it includes that too. You don’t have any obligation to add content to the Services. If you choose to add content to the services, you are responsible for ensuring that you have the right to do so, that you have the right to grant the licenses in the terms, and that your content is lawful. We take no responsibility for any of your content, and we are not responsible for others’ use of your content. If anyone reports copyright infringement or other infringement (or suspected infringement) to Us, We have the right to block or remove Your content. In such a situation, we will send You a notification by email.

8.2. You give Us a license to use Your content when You use Service. This license is worldwide, non-exclusive (which means you can still license your content to others), royalty-free (which means there are no fees for this license), transferable and granted for the duration of the Agreement and up to 24 months from the termination of the Agreement. Your content may be protected by certain intellectual property rights. We don’t own those. But by using our services, you grant us a license—which is a form of permission—to do the following with your Account Data and content (in particular content, graphics, logos that are used by You to create and brand surveys), in accordance with applicable legal requirements, in connection with operating for the purpose of Service providing, developing, and improving Our Services:

1. recording in the IT infrastructure and using or changing,
2. public performance, public display, (in particular, on the Internet),
3. copying (also contingency purposes), including backups.

8.3. Our content is our property. Any software and content contained on the Website, such as text, graphic elements, logo, photographs, audio and video 10 files, are the Service Provider’s property and are protected by law. Survicate is a trademark owned by the Service Provider. The above-mentioned trademarks and content may not be used without Service Provider’s written consent, and, in particular, they may not be used in connections with other entities’ products and/or services in a manner which may mislead clients and/or potential clients, or which may, in any manner, do any harm to the Service Provider and/or its products and services. Neither the User nor any person authorized by him may delete, obscure or prevent reading of or change trademarks, copyright information and/or other markings which concern the intellectual property rights contained in the Website, results of using the Service and/or in the content included in the Website. In particular, it is forbidden to delete and/or change the Survicate logo from the pictures made on the Website in the form of screenshots, reports and other effects of using the Service, except for the cases accepted by the Service Provider.

9. Data Processing

9.1. The rules for processing personal data by Us are set out in the Privacy Policy. There we describe Our rights and obligations as a personal data controller, processor and Your rights as a data subject.

9.2. By using Our Service, You may process information that qualifies as personal data of Your respondents and/or other protected information under the laws applicable to You and We may process Account Data in accordance with Our Data Processing Agreement (Schedule 3) and Your documented instructions. You shall be solely and exclusively responsible for the lawfulness of the processing of such personal data of Your respondents and other protected information. This includes obtaining any consent that You are legally or contractually required to obtain from Your respondents or basing the processing of personal data on a different legal basis.

9.3. You shall comply with all laws applicable to the processing of personal data by You in connection with the use of Our Service. For clarity, this includes any processing You carry out after exporting or downloading personal data from the Service and subsequently using it for Your business purposes.

9.4. If You are situated in the European Union (EU) and the European Economic Area (EEA) or If You are situated in a country outside the European Union (EU) and the European Economic Area (EEA) and You process personal data using Our Service and thereby entrust Us with personal data, the Data Processing Agreement applies.

10. Support

10.1. We ensure support available at the e-mail address: support@survicate.com or via our chat. We will reply as soon as possible. The Service Provider’s time zone is CET (Central European Time). We do not work on bank holidays.

10.2. Support is provided 5 days a week (Monday - Friday). Support is not provided on holidays and non-working days in the territory of the Republic of Poland. We can differentiate support depending on the pricing plan.

10.3. Please remember that You are prohibited from providing respondents' data when You communicate with Us during support communication. We never ask you for such data and we do not ask for login details. Always check if the support message came from our survicate.com domain and make sure and send us a message if You have any doubts. Please write to: support@survicate.com.

10.4. If you have a complaint with respect to your quality of service, billing or invoicing, or you have any concerns about our terms of use or policies, we urge you to contact us so we can try to resolve your complaint or concern as quickly as possible. Contact us using the "send us a message" button inside the Survicte website or product or just email Us at support@survicate.com.

11. Incidents Response

11.1. You can report security incidents to the email address: security@survicate.com

11.2. If we obtain information or learn that Account Data has been disclosed and thus your control over them has been violated, we will inform you in accordance with the Data Processing Agreement. If you find out that unauthorized access to Account Data has taken place, please contact us in accordance with point above.

11.3. In the event of an occurrence or incident involving Account Data, We have the right to inspect your Account, view full log history and provide information to relevant authorized bodies that request such data. In addition, We have the right to take all steps to secure the Website infrastructure and Our Software, which may mean updates from time to time.

12. Term and Termination

12.1. The Agreement shall be entered into as of the moment at which the Account is created on the Website, and remains in force until its termination (i.e. when the Account is deleted). The Agreement shall be entered into for an indefinite period. Services provided as part of the Packages are for a definite period of time and are accordingly extended for another month by means of repeating subscription renewal.

12.2. In order to create the Account, the User needs to complete the Registration.

12.3. Both during the Registration and at any time during the Term of the Agreement, the User may purchase the Package on the terms and conditions set out in the Terms of Service.

12.4. Deletion of the Account is possible in the case in which the User does not have an active Subscription, and if the User requests for the Account deletion (You can send an email to support@survicate.com or report this fact in the chat). If the account has an active Subscription, then deletion takes place at the end of the Subscription Period.

12.5. The User may resign from the Package and cancel the Subscription. Cancellation of the Subscription takes place at the end of the Subscription Period of the Package purchased. You are not entitled to a refund because the Service is provided during the notice period, even if You are not using them.

12.6. We shall have the right to terminate the Agreement with immediate effect if the User fails to use the Website (i.e. does not log to his Account or does not use the Survicate Service,) for over two months since the day of expiry of the last Subscription Period paid for or immediately if there is a major violation of the Terms of Service or the law or You use Website against provision of section 3 “Your rights and obligations”. In such a case, the Service Provider shall send, in advance, the notification on the planned Account deletion should the User fail to purchase the Package (the notification may be sent by Us in the form of an e-mail message or a pop-up visible after logging in).

12.7. The condition for termination of the Agreement is the deletion of the Account. The Account will be deleted on the last day that ends the active Subscription period. The User may request Account deletion by sending an e-mail to: support@survicate.com. We may request User’s verification which requires logging on to the Account.

12.8. The Survicate shall have the right to, respectively, block or terminate the Agreement in accordance with applicable law in the case in which the User has breached the provisions of the Terms of Service. If the User considers that Survicate has grossly violated the law or the provisions of the Terms of Service, User also has the right to terminate the Agreement with immediate effect after unsuccessful calls for rectification of deficiencies.

12.9. In the above-mentioned case, the fee paid by the User shall not be refunded.

12.10. In the case of doubts as to whether the termination comes from a given User, the Service Provider may request the User in the email form to confirm the intention to terminate the Agreement. The message is sent to the e-mail address assigned to the Authorized Person being properly empowered and this person has the right to make decisions in relation to the Account.

12.11. If We do not record Your login to the Website within 2 months, We have the right to delete your Account and terminate the Agreement immediately - the provision does not apply if You have an active Subscription.

13. License

13.1. Except as expressly stated in this Terms of Service, this Terms of Service does not grant to You any intellectual property rights or any other rights or licenses in respect of the Survicate software. We expressly reserve all right, title and interest in and to any intellectual property rights not specifically granted to User herein.

13.2. Subject to this Terms of Service, We grant You a limited, revocable, non-exclusive, non-transferable and non-assignable license to use the Our Software solution for commercial use subject to the terms of this Terms of Service and for the time Agreement is binding. You hereby agree not to resell any part of the software to third parties. You may not modify, copy, reverse engineering, distribute, introduce to trade, grant sublicences (unless agreed otherwise), or otherwise use Our content, property, and software. You may not use software or solutions that are designed to circumvent our rights. You have the right to perform activities permitted by law, and in this case, you undertake to inform us of any errors, problems or risks that you have discovered.

13.3. If you violate Our rights and do not comply with the License granted to You, We have the right to close Your Account immediately at Your risk and responsibility.

14. Complaints

14.1. Complaints should be made electronically by support@survicate.com, compliants@survicate.com or via chat. Please report within 30 days of noticing the damage (e.g. faulty operation of the Service) to the support. The complaint should include:

14.1.1. Account login,

14.1.2. as detailed description of the irregularity as possible (taking into account the time and place of its occurrence),

14.1.3. indication, if possible, of the way in which the complaint should be handled,

14.1.4. If the complaint concerns a mistake in an invoice, please provide the invoice number.

14.2. The complaint is looked into at the earliest possible date, but not later than within 14 days.

14.3. The day the Service Provider receives the complaint shall be deemed the day on which the complaint was made. The fact that a complaint has been made does not influence the course of the Subscription Period or the provision of the Service.

15. Confidentiality

15.1. Each Party (both Service Provider and You) is obliged to maintain confidentiality during the term of the Agreement and to use information, materials and data obtained from the other Party for the purpose of implementing the Agreement.

15.2. The Party will receive and maintain all confidential information disclosed or delivered to it by the second Party in strict confidence and will only use it for the purpose of cooperation and disclose it to those officers, employees or agents of this Party to whom it is essential to disclose to accomplish the purpose, provided such persons agreed to be bound by the confidentiality terms.

15.3. The Party agrees that the confidential information disclosed to it pursuant to this Agreement will:

15.3.1. be used only for the purpose implementing the Agreement;

15.3.2. not be used, or disclosed or disseminated for any other purpose whatsoever, other than with the written permission of the second Party; and

15.3.3. from the date of termination or expiry of this Agreement, not be used, or disclosed or disseminated for any purpose whatsoever other than indicated in the Agreement.

15.4. The above does not limit or exclude the possibility of us placing the User's logo and informing about the use of Our Services by the User.

15.5. Each Party is released from the confidentiality obligation if it is permitted by law or an authorized body releases a given Party from the confidentiality obligation in connection with pending proceedings.

16. Warranties

16.1. TO THE FULLEST EXTENT PERMITTED BY LAW, SURVICATE, ITS AFFILIATES, AND THEIR PARTNERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE LAWS OF CERTAIN JURISDICTIONS OR STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS.

16.2. The above restrictions do not apply to consumer rights. The Service is not provided to consumers, however, if for some reason the consumer uses the Service or software, We reserve that such a provision should not take place because the User accepting the Terms of Service is fully aware that the Service is not addressed to consumers. With regard to our Software and the impact on Your customers, We reserve that We do not provide Services to Your customers and thus consumers.

17. Limitation of liability

17.1. We shall not be held liable for:

17.1.1. any User content,

17.1.2. incorrect data entered by the User,

17.1.3. lack of access to the Service as a result of the lack of operation, limitations in the operation of the Internet, other network services on the part of the User, issues in User's organization roles,

17.1.4. restrictions affecting and/or incorrect operation of software or hardware owned by the User and/or Authorized Persons thanks to which they can use the Services,

17.1.5. losses suffered and profits lost by the Users and/or Authorized Persons as a result of the Password to the User Account being disclosed to third parties by those Users and/or Authorized Persons,

17.1.6. losses suffered and profits lost by the Users and/or Authorized Persons as a result of those Users' and/or Authorized Persons' acts or omissions, in particular due to the fact that they use the Services in a manner which does not comply with the applicable law and/or the Terms of Service,

17.1.7. losses suffered and profits lost by the Users and/or Authorized Persons as a result of actions and/or omissions of third parties,

17.1.8. losses suffered and profits lost by the Users and/or Authorized Persons which have not been caused by the Service Provider's wilful intent.

17.2. The Service Provider has no influence on whether any third parties will or will not take any action and/or actions in connection with the Services provided. We have no influence on the manner in which the User and/or Authorized Persons manage their Account.

17.3. The Survicate:

17.3.1. only stores User data and enables their online transmission,

17.3.2. does not modify the data entered by the Users and/or Authorized Persons,

17.3.3. should the Service Provider receive an official notification, or should he become aware, in a reliable manner, about the unlawful nature of the data made available by the User, it shall contact the User in order to clarify the case and shall act in accordance with the Rules and Regulations as well as law.

17.4. Survicate is responsible for its actions and omissions up to the amount of the annual payment made by You prior to the event giving rise to the liability. If You or the company You represent is injured as a result of our actions or omissions, We are also liable up to the annual amount of remuneration for Services. If the action or omission is intentional, the limit to the annual amount of the liability remains valid. If You have more than one justified claim against Us, you agree that the Our maximum liability is up to the amount of remuneration You paid Us.

17.5. Survicate is not responsible for any lost profits and we are not responsible for the actions and omissions of third parties, with the exception of our employees and subcontractors. In the event that the Service is unavailable as a result of the operation of an IT service provider who provides solutions to us, liability shall apply up to the amount of the monthly remuneration.

17.6. If you cannot use the Service in a particular jurisdiction, we will not be liable for any claims relating to such inability to use the Survicate Services. You are obliged to check legal compliance before you start using the Services.

18. Assumption of Risk

18.1. You use our software and Service at Your own risk and take full responsibility as permitted by law, especially if You use it in a manner inconsistent with the law or decency. The Service may not be available in certain jurisdictions or local law may impose restrictions on the use of Services, therefore it is your responsibility to check the legal compliance and correct use or refrain from using the Service.

19. Governing Law

19.1. This Agreement is governed by and construed in accordance with the laws of Poland.

19.2. You and We agree that any dispute or claim arising out of or in connection with this Agreement or its subject-matter shall be subject to the exclusive jurisdiction of Poland and the territorial jurisdiction of the court is determined for the seat of Survicate.

20. Changes

20.1. The Survicate reserves the right to amend the Terms of Service and the Price List. Each substantial amendment of the Terms of Service shall be communicated to the User by email assigned to the Account owner at least 14 days prior to the planned entry of the amendments into force.

20.2. In the case referred to above, the User shall have the right to terminate the Agreement before the planned entry into force of the new rules and regulations and/or the Price List. Failure to report the intention to terminate the Agreement, or failure to terminate the Agreement by such a deadline shall be deemed as the User's consent to continue to be bound by the Agreement, on the terms and conditions provided for in the new rules and regulations and/or the Price List. If the Terms of Service are changed during the Subscription, the new regulations come into force within 14 days, but if the changes concern prices or the method of provision or functionality, these changes will only apply when You renew the Subscription.

21. Miscellaneous

21.1. The Service Provider makes available the wording of the Terms of Services at URL address https://survicate.com/terms, where the Terms of Service can be displayed and/or printed out. The Terms of Service may also be made available in a different manner, upon individual request of a given person, if such a person encounters problems in displaying or reading the Terms of Service. To this end, they are requested to get in touch with the assistance department at: support@survicate.com.

21.2. We make available the wording of the Price List at URL address https://survicate.com/pricing, where the Price List can be displayed and/or printed out. The Price List may also be made available in a different manner, upon individual request of a given person, if such a person encounters problems in displaying or reading the Price List. To this end, they are requested to get in touch with the assistance department at: support@survicate.com.

21.3. Should any provision of the Terms of Service be changed and/or invalidated as a result of a valid court's decision, the remaining provisions shall remain in force.

21.4. The schedule constitutes and integral part of the Terms of Service.

21.5. We have the right to refuse to provide Services or suspend the provision of services to companies from countries included in the US/EU/PL government sanctions list.

21.6. We do not allow assignments. You have no right to transfer Your rights and obligations to another entity until you obtain Our consent.

21.7. These Terms of Service take precedence over any terms and conditions and documents attached to purchase orders by You. In case of inaccuracies or doubts, the Terms of Service shall be applied directly.

Schedule 1 — Price List: https://www.survicate.com/pricing

Schedule 2 — Privacy Policy

Schedule 3 — Data Processing Agreement