Terms of Use
 
This document specifies the terms and conditions under which intelii Private Limited (“intelii”, “We”, “Us”) makes available its web-application www.surveyoctopus.com (the “Application”) and all its services (the “Services”) to each person or entity (each, a “User”) accessing or using the Application and/or its Services.

By using this Application you agree to, and are bound by, the following terms and conditions (collectively, the “Agreement”).

intelii can make changes to the Application, its Services and the Terms of Use at any time. All such changes will be notified in advance for User’s discretion.

Any violation of the Terms of Use constitutes grounds for immediate termination of a user account without notice or refund. Upon such termination, we shall have no liability or responsibility to you or any third-party.

1.  User Account

1.1.  When registering for an account to use the Application and its Services, the User hereby warrants that the information provided is complete and accurate.

1.2.  Your login may be used by you alone. A single login cannot be used by multiple people. Sharing of login names and passwords is strictly prohibited.

1.3.  You are responsible for updating your account details and maintaining the security of your accounts and passwords. We will not be liable for any loss or damage from your failure to comply with this security obligation.

1.4.  A free account may be created by a single User only once. It is prohibited to maintain more than one free account by the same User.

1.5.  You may not use the Application or its Services for any illegal or unauthorised purpose. You must not, in the use of the Application and its Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

2.  Application Content

2.1.  Content provided on this Application including, without limitation, documents, graphics and images that are not User Content (as defined below) (collectively, the "Application Content") are the copyrighted and/or trademarked work of intelii.

2.2.  While we have made every effort to ensure that the Application Content is free from errors, intelii does not guarantee or warrant the accuracy, reliability or quality of Application Content. All Content is provided without guarantees or warranties of any kind; either implied or express (not including any responsibilities implied by law and which cannot be excluded). All Application Content is subject to change without notice.

2.3.  The concept and the look-and-feel of the Application including, without limitation, the Drag-and-Drop Feature, Direct Edit Mode and other functions are copyright © 2010 intelii Pvt Ltd. All rights reserved. You have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Application Content including, without limitation, any portion of the HTML/CSS or visual design elements, AJAX or functional components in any manner without explicit written permission from intelii.

2.4.  intelii grants you a limited, personal, non-exclusive and non-transferable license to use the Application Content solely for your personal use in connection with the Application and its Services.

2.5.  The name “SurveyOctopus”, the stylised SurveyOctopus logo design, the slogan “Friendly and Fast” and all associated trademarks are trademarked work of intelii.

3.  User Content

3.1.  Content and information, including, without limitation, survey questions, responses, documents, graphics and images, or any other material communicated by User or respondents of User's surveys (collectively, "User Content"), are the sole responsibility of the person from whom such User Content is originated.

3.2.  User grants intelii an irrevocable, non-exclusive, royalty-free and worldwide license to use any User Content for the purpose of operating the Application and its Services.

3.3.  intelii may, but is not obligated to, review all User Content and block, modify, terminate access to, or remove any User Content that intelii, in its sole discretion, considers to be non-compliant with any of the requirements of this Agreement. intelii does not guarantee the accuracy, reliability or quality of any User Content.

3.4.  User is solely responsible for backing up any User Content. We shall not be liable for any loss of User Content.

3.5.  intelii may disable User's account and User's access to use the Application and/or its Services and may recover from User any losses, damages, costs or expenses incurred by intelii resulting from or arising out of User's non-compliance with any provision of this Agreement.

4.  Free Account, Payments, Refunds, Upgrading and Downgrading

4.1.  User may create a Free Account to trial the Application and selected Services. The Free Account automatically expires after one year from its date of creation.

4.2.  User can upgrade Free Account to a paid Professional Account at any time prior to the expiry date. Once the Free Account is upgraded to a paid Professional Account, it cannot be reverted to a free account.

4.3.  User will be billed either monthly or annually according to your selection and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

4.4.  For any upgrading of accounts including any additional services purchased by the User or usage that exceeds the limits at the rates posted as well as VAT and any other applicable taxes, duties and levies etc. will automatically be charged with the new rate on the User’s next billing cycle.

4.5.  If User has elected to pay by credit card, User hereby warrants that the credit card information provided by User is correct, and User shall promptly notify intelii of any changes to such credit card information. User acknowledges and agrees that if User's credit card payment cannot be processed for any reason, intelii may suspend or cancel User's Subscription.

4.6.  Downgrading your Service is not permitted.

5.  Cancellations

5.1.  User is solely responsible for properly cancelling User’s account. User can cancel his/her account at any time by clicking the cancellation link found under the User Account page. Email or phone requests to cancel your account will not be considered.

5.2.  All User Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once the account is cancelled.

5.3.  If User cancels the Service before the end of the current paid up month, your cancellation will take effect immediately and you will not be charged again.

5.4.  intelii, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Application and its Services, or any other intelii Product or Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. intelii reserves the right to refuse service to anyone for any reason at any time.

6.  Title and Intellectual Rights

6.1.  So long as User is in compliance with the Terms of Use, including but not limited to, payment for the Service, all rights, title and interest to any and all work produced and created by User pursuant to or in connection with the use of the Service shall vest in the User.

6.2.  If User is in breach of the Terms of Use, User is not entitled to any Intellectual Property Rights until such breach is cured.

7.  General Conditions

7.1.  We provide space for hosting surveys, but make no implied or express warranties about the reliability of this space or related services. We are not responsible for any deletion, alteration, or loss of surveys or results due to network or system outages, file corruption, accidental deletion, incompatibilities or any other reasons. We make no guarantees as to server reliability, speed, or consistency, and cannot be held liable for such.

7.2.  We make no guarantee of the accuracy, reliability, or quality of any information on these web pages, surveys, databases, or results and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or losses or damages arising from the use of the content or services provided by us.

7.3.  You agree to indemnify us against any and all claims and expenses, including attorneys' fees, arising from the use of this service. This expressly includes your responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and any libellous or unlawful material contained within your survey.

7.4.  Verbal, physical, written or other abuse (including threats of abuse or retribution) of any intelii customer, employee, member, or officer will result in immediate account termination.

7.5.  For Surveys sent in connection with the Products, you acknowledge and agree that intelii may add an identifying footer stating "Powered by SurveyOctopus" or a similar message. Any explicit attempt to remove this (html, javascript, css) is a violation of the Terms of Service.

7.6.  In your use of the Products, you agree to represent you or your organisation accurately and will not impersonate any other person, whether actual or fictitious.

7.7.  In using the varied features of the Application and its Services, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to Us. We may use this information and any technical information about your use of the Application and its Services to tailor its presentations to you, facilitate your movement through the Applications, communicate separately with you or publish the fact that your are a user of our Services.

7.8.  All correspondence with The Company should be addressed to No. 66/3 Melfort Hills, Kothalawala, Kaduwela Sri Lanka. This agreement is subject to the laws of Democratic Socialist Republic of Sri Lanka. User agrees to waive questions of jurisdiction and venue and agrees that all disputes brought by User shall be in the courts of Colombo Sri Lanka.

7.9.  All inquiries related to billing and credit card charges should be made in writing to ATTN: Billing/Invoices, No. 66/3 Melfort Hills, Kothalawala, Kaduwela Sri Lanka.

7.10.  The Terms of Use constitutes the entire agreement between you and intelii and govern your use of the Application and its Services, superseding any prior agreements between you and intelii (including, but not limited to, any prior versions of the Terms of Use).

7.11.  We reserve the right to amend or change these guidelines at any time, without notice.

8.  Prohibited Uses

8.1.  Illegal Activities - Any activity which violates local, state, federal or international law. Examples include: Posting or disseminating illegal material (such as child pornography or obscene material.)

8.2.  Security - Attempting to gain unauthorised access to any network; attempting to disrupt network services or services of external networks using the Service; attempting to gather third party personal information without consent. Examples include: DoS attacks, computer virus distribution or the transmission of any other software or application that contains features harmful to any network.

8.3.  Bandwidth, Data Storage and Other limitation - Use of the network infrastructure and service in a manner that puts an excessive burden on the limitations of the network.
 
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  Compatible with
  6 & above