These terms of service (“Terms of Service”) govern the relationship between Problem Free Limited (“Problem Free”, “we” or “us”), the creator of kwiksurveys.com, freeonlinesurveys.com and shout.com, and a customer of the Service or a representative of an entity that’s a customer of the Service (“you” or “your”) of kwiksurveys.com, freeonlinesurveys.com or shout.com (the “Site”), including any of the services we provide (the “Services”).
By using the Site and the Services, you indicate agreement to these Terms of Service.
2 - Permission
You may only use the Site or Services if you are a 16 year old human being, (or a lower age if permitted by the laws of your residence). No robots allowed!
3 - Changes to this Agreement
Problem Free reserves the right to change or update these Terms of Service at any time by publishing the revised version in place of these terms. If you are not willing to accept the revised Terms of Service, you will need to stop using the Site and Services.
4 - Changes to the Services
Problem Free reserves the right to change, update, limit or terminate any or all of the Services or certain features from time to time. Any change to the Services may be reflected in the subscription cost of the level of Services offered. Any changes, update, upgrade, limitation or termination of the Services shall be notified to you before it comes into effect.
5 - Privacy and Account Security
By creating an account on the Site, you agree that you are solely responsible for maintaining the confidentiality of the password(s) associated with your account. You agree that you will not directly or indirectly allow any third party access to your account details and that you will be solely responsible for all activities and transactions that take place under your account and for any and all use or misuse of your password or account.
If you become aware of any unauthorised use of your account, you will let us know.
You are responsible for making sure that your content does not breach these Terms of Services. Problem Free reserves the right to change or delete content that it considers is inappropriate, unlawful or causes any potential liability to Problem Free or another user.
6 - Payments and Payment Security
Subscription fees are generally taken in advance of the services being provided, on a rolling monthly or annual basis, however in the event that this does not occur, you agree to pay all subscriptions accruing. Fees paid by you are non-refundable except as provided in these Terms of Service or when required by law. Subscription payments are taken in advance for the recurring term you have chosen, such as monthly or annually. The Term of each subscription is automatically renewed at the end of the subscription term, without notice.
You may cancel the automatic renewal of your subscription at any time. No refund shall be given for the remainder of the current subscription term, however you will be able to continue use of the Services under your subscription package until the end of your subscription term. Fees are subject to change from time to time, however any such change will only become effective upon the renewal of your subscription term.
We shall endeavour to email you if any change in your subscription price is to become effective. If you decide to upgrade your subscription at any time, from a cheaper subscription to a more expensive one, midway through a current subscription term, we will apply a pro-rated refund on your account for the remaining term of your lower subscription and apply the new subscription rate to the remainder of your current term. Once your subscription renews, the full upgrade price shall apply.
If you exceed the limits of your current subscription plan then we may automatically increase your plan or apply additional charges the account at the next renewal.
When consolidating billing of multiple accounts under one organisation, refunds will not be issued for any pro-rated amounts left on the consolidated accounts. However, a credit may be applied to the organisation’s next renewal. The credit will expire after the first renewal and will not carry forward or be refunded.
Credit card or direct debit details are taken directly by our authorized Level 1 PCI DSS compliant payment service provider and never touch our servers in an unencrypted state. In addition, bank grade communications encryption (HTTPS / TLS) is used throughout our website to protect your data in transit.
7 - Third Party Interference and Damage to Access Devices
Although Problem Free has security measures in place, you accept that Problem Free is not responsible for any third party interference with the Site. This includes any access to your account details by third parties, any software implemented into the Site that causes any damage to the device used to access the site or anything that causes any damage to you whatsoever caused by third party interference.
You agree that you are responsible for the devices you use to access the Site and its compatibility required to access the Site. Problem Free is not responsible for any bug or improper use of equipment used to access the Site whether through a web browser or device application.
8 - Use Policy
You shall not use the Site or the Services for any unlawful or inappropriate purpose including, but not limited to:
Using purchased, rented or harvested lists of email addresses
Sending material that:
is unlawful, abusive, profane, obscene, vulgar, defamatory, pornographic, threatening, invasive of publicity or privacy rights, or otherwise objectionable;
violates or infringes upon the rights of others in any way;
contains any viruses, worms, malware, Trojan horses or other harmful or destructive content;
encourages others to commit unlawful acts;
tests, scans or tests our servers or systems;
is used to break or circumvent any technology, hardware or software we have in place for security of authentication;
breaches any other party’s intellectual property rights;
contains publicity, advertising, or solicitation for goods or services that did not receive prior approval from Problem Free; and/or
prevents other users from using and enjoying the Site.
Problem Free does not review all content and material posted on the Site or in surveys and emails through its mass email marketing services. As such, Problem Free cannot accept responsibility or liability for any material posted by its users. Problem Free reserves the right to remove or alter any content or material posted or used as part of the Services for any reason, at our own discretion.
The Site allows you to share your surveys and responses with other users the Service. You are responsible for the consequences of sharing data with another user. You acknowledge that whilst you can ‘unshare’ the original project, any copies or derivatives created by other users will be owned by them.
10 – Teams and organisations
If you create a team/organisation account you are responsible for the conduct of any sub-users you link to it.
As the organisation owner you accept responsibility for providing primary support to any linked sub-users. Any technical issues experienced by sub-users should escalated to our service desk by the organisation admin, ideally after being verified and reproduced.
All sub-users without their own paid plan will share a separate pooled limit of surveys, responses and email invitations which we reserve the right to change at any point.
You are responsible for maintaining up to date contact details for your organisation.
We reserve the right at our sole discretion to limit or disable the team facility from your account.
Sub-users will continue to be liable for their own billing unless the organisation owner chooses to take over the billing for that account through he “consolidate billing” option in the “My account/organisation” menu.
If you join an existing organisation by accepting an invitation then you agree to transfer ownership of your account and all data it contains to that organisation. You will continue to be responsible for any new or existing billing for a paid plan until the company chooses to consolidate billing to their organisation. Billing consolidation is optional and does not happen automatically when joining.
11 - Compliance with laws
You warrant that your use of the Site and the Services will comply will all applicable laws and regulations, including laws relating to privacy and data protection in both your country of residence and the United Kingdom.
12 - Termination
Problem Free may, at its sole discretion, terminate, suspend or restrict your account for breach of any term in these Terms of Service. In the event your account is terminated, suspended or restricted, you shall not be entitled to a refund for any remaining subscription fees already paid.
In the event these Terms of Service are terminated for any reason, we will permanently delete all the data associated with it within 60 days from the date of termination.
If you don’t log into your account for two years or more, we may treat your account as ‘dormant’ and permanently delete the account and all the data associated with it.
13 - Our Intellectual Property
Nothing in these Terms of Service grant you ownership of any intellectual property owned by us
You agree and acknowledge that we own or are licensed to use all copyright, database rights, trade marks and other intellectual property rights in and to all parts of the Site, and to the business of Problem Free, including the structure, design, essence and layout of the Site.
14 - Your Intellectual Property
By using the Services, any copyright you own in any material used or posted on the Site shall remain your property. Problem Free shall retain the copyright of all other material on the Site and in the Services.
15 - Liability
To the extent permitted by law, the aggregate liability of Problem Free arising out of in connection with the Services and these Terms of Service shall not exceed the amount paid by you to Problem Free for use of the Services during the 12 months prior to the event giving rise to the liability.
To the extent permitted by law, Problem Free shall not be liable for any:
special, incidental or consequential damages;
loss of data, business, revenues or profits (in each case whether direct or indirect);
failure or delay for any reason beyond Problem Free’s control, arising out of or in connection with the Services and these Terms of Service even if Problem Free has been advised of the possibility of such losses.
16 - Disclaimer as to the Products and Services
The Site and the Services are provided “as is” and, to the extent permitted by law, Problem Free disclaims all warranties with regard to this Site or Services including all implied warranties of merchantability, fitness for purpose and non-infringement. You use the Site and Services at your own risk.
17 - Site Availability
Problem Free shall endeavour to keep the Site operational 24 hours a day, 365 days per week, however we make no warranty to do so as Site interruption may be the result of external factors outside of the control of Problem Free. As a result, Problem Free shall not be responsible for any loss caused to you or your business because of Site downtime. In the unlikely event that something goes wrong and any data is lost, Problem Free shall not be responsible for any damage to you or any third party as a result.
18 - Indemnification
You indemnify, defend and hold harmless Problem Free, its affiliates and their respective advertisers, agents, licensors, suppliers, officers, directors, shareholders, employees, agents, service providers and other contractors (collectively “Problem Free Indemnified Parties”) from and against any loss, expense, damage, cost, liability, claim, demand made by a third party, including, but not limited to, legal fees and accounting expenses, sustained, incurred or paid by the Problem Free Indemnified Parties and arising from or related to your use of the Site, Services or breach of these Terms of Service.
19 - Errors on the Site
Although Problem Free strives to provide reliable and current information through the Site, occasionally, there may be information on the Site that contains typographical errors, inaccuracies, omissions or mistakes that may relate to product descriptions, pricing, promotions, offers, and availability. Accordingly, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information or to refuse, correct or cancel orders, at any time and from time to time without liability and without notice to you or any other person, if any information on the Site is inaccurate, to the extent permitted by law.
20 - Miscellaneous
These Terms of Service shall be interpreted and construed according to, and governed by, the laws of England and Wales. You understand that these Terms of Service represent the entire understanding and constitute the entire agreement between the parties in relation to its subject matter, and supersedes all prior agreements, covenants, arrangements, communications, representations or warranties, whether oral or written, by any officer, agent, employee or representative of either of the parties.
If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining terms will remain in full force and in effect. A waiver by either party of any term or condition of these Terms of Service or any breach will not waive such term or condition or any subsequent breach. Problem Free may assign their rights under these Terms of Service without limitation. You may assign your rights to any party as long as they agree to be bound by these Terms of Service also. These Terms of Service shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. Any headings used in the Terms of Service are for convenience only.