General Terms and Conditions

Company details:

Neticle Labs LLC

Registered seat: 10 Vető street Budapest Hungary H-1213

Postal address:

Registration number: 01-09-300520

Phone number:

Email: [email protected]

Web: zurvey.io

Introduction

1.1. The present General Terms and Conditions (hereinafter "GTC") contain the terms and conditions of the below services provided by Neticle Labs LLC, the service provider of Zurvey.io (hereinafter "Service Provider") to natural persons and legal entities (hereinafter: “Client”):

Zurvey.io is a professional self service survey creator and text analysis tool specialized in entity-oriented sentiment analysis and topic recognition in major and niche languages (hereinafter: “Services”). Zurvey.io’s algorithm identifies positive and negative phrases and reveals topics, locations, emotions and persons in textual data. Based on the quantification and summarization of these, the system extracts insights from textual data and visualizes it on interactive dashboards.

1.2. Clients may access the Services by subscribing to the Services on the Service Provider’s website (zurvey.io, hereinafter “Website”). Acceptance of the GTC by the Client is a prerequisite for the Client to subscribe to and thus make use of the Services. The GTC take effect when the Client expresses its acceptance by clicking the relevant checkbox presented with these GTC at the time of completing the registration on the Website.

1.3. The Service Provider is entitled to unilaterally amend the GTC with simultaneous notification to Clients. The Service Provider shall publish the amendment to the GTC on the Website. The Client will be bound by such amended terms by continuing the use of the Services.

1.4. Clients who are natural persons  and are using the Services for purposes outside their trade, business or profession are considered consumers (hereinafter: “Consumers”). Nothing contained in the GTC may override or limit the specific consumer protection related rights of Consumers granted by relevant laws.

1.5. Clients may grant users access to their account (hereinafter: “Users”) in a volume determined by the terms of the active subscription of the Client. Clients are responsible for the actions of the Users, including breaches of agreement. If a User agrees to the GTC on behalf of the Client, the User represents to the Service Provider that he or she has legal authority to make such a valid legal statement on behalf of the Client.

1.6. None of the Services are intended for use by Users under the age of 14. If a User is a minor in his or her place of residence, the User may not use the Services. By using the Services, the Client represents and warrants that none of its Users are minors according to the laws of its jurisdiction.

Use of the website

2.1. By way of using the Services available via the Website or by way of opening any pages thereof, visitors of the Website (hereinafter “Visitor”) acknowledge their submission to the below conditions of use and the provisions of the relevant legal acts without any limitations or conditions.

2.2. The Service Provider will use its best endeavours to ensure the highest accuracy of the information available on the Website. The Service Provider excludes its liability for the direct (for example failure of the computer) or indirect (for example loss of profit) damages that occur when visiting the Website and that result from the incorrect information, error or non-availability of the Website or from other events.

2.3. Parties participating either in the construction or in the operation of the Website are not responsible for the content errors, deficiencies of the Website.

2.4. The Service Provider reserves the right to change or delete any inaccurate or false content at any time without prior notice. The information on the Website is for information purposes only and does not constitute warranty, guarantee, advice or recommendation. The Visitor agrees to use the information they download and access through the Website exclusively under their responsibility and own risk.

2.5. The Website may contain links to webpages other than the Website. The Service Provider has no control over, and assumes no responsibility for any third party websites, including but not limited to the content, accuracy and operation thereof.

2.6. If a Visitor operates an external website and wishes to create a link to this Website, this may be done by the provision of the exact landing page URL of this Website (eg. deep links are not allowed). The link should not in any way give the impression that the Service Provider endorses or links to the external website. It is forbidden to use framing or similar solutions and it is the Visitor’s responsibility to ensure that the link to the Website is opened in a new window.

2.7. The Service Provider is the sole owner of the copyrights, trademarks and other intellectual property rights connected to the contents on this Website. The Visitor is entitled to browse the Website and to reproduce the content therein by printing, saving or transmitting it to other persons for their own purposes. Any use of the content on this Website in any form beyond the intended use is subject to the express written permission of the Services Provider. The Service Provider allows the view and download of the information on this Website solely for the purpose of accessing and using the Services. Without the permission of the Service Provider, it is prohibited to copy, publish or modify the materials on the Website for commercial use, and the re-sale of the information printed from or viewed at the Website and the permission are subject to limitations with respect to the Visitor’s duty to comply with any legal provisions on intellectual property rights or with provisions of these conditions of Website use regarding the downloaded materials, and the Visitor is not authorized to modify any materials downloaded from the Website.

Use of the services

3.1. The Services are available on a subscription basis under varying sets of terms specified on the Website (https://zurvey.io/zurvey/en/packages/) (hereinafter “Package”). The Packages are accessible after creating an account on the Website. During the registration process the Client needs to provide complete and accurate information contained in the registration form. The Client is fully responsible for the confidentiality of the password provided and properly selected during the registration process and for any activity in the Client account. The Client shall notify the Service Provider immediately of any unauthorized use of its account. The Service Provider shall not be liable for the loss of the password, or for any damage resulting from a third party obtaining the password or the misuse of the Client’s account.

3.2. By completing the registration, the Client is granted a non-exclusive, non-transferable, worldwide right of use to the Services limited in time. The extent of such right of use shall vary based on the Package the Client subscribes to.

3.3. By uploading data on the Website, the Client grants the Service Provider a worldwide right to use, modify, adapt, create derivative works, make publicly available, and otherwise exploit the data, for the limited purposes of providing the Services and as otherwise permitted by the data processing agreement between the Service Provider and the Client. The Client retains ownership of all of its intellectual property rights in the uploaded data. The license granted by the Client to the Service Provider also extends to any trusted third parties the Service Provider works with to the extent necessary for providing the Services.

3.4. The Service Provider may at its sole discretion grant new Clients a limited access to the Services free of charge. The Service Provider reserves the right to decline such requests and also charge for the use of the Services or terminate the free access to the Services at any time without the obligation to provide reasons for its decision. Waiver of such right towards one specific Client shall not constitute as waiver towards any other Client.

Payments

4.1. By subscribing to any of the Packages the Client is deemed to have agreed to and accepted liability for the payment of the subscription fee as determined by the Service Provider. The Client also consents to the fee being billed and changed by the Service Provider in its sole discretion. Any change of the subscription fee shall take effect after the billing period of the active Package of the Client.

4.2. Unless subscribing to a free Package, Clients will be charged in advance on a monthly or annual basis.

4.3.  The Client’s subscription to a Package will automatically renew at the end of each billing cycle unless the Client cancels the subscription on the Website, which can be done anytime. Unless stipulated otherwise by the GTC, the fee paid for the subscribed Package is non-refundable. Any termination and cancellation of the subscription will take effect immediately, and the Client will not be eligible for a refund in case of such early termination.

4.4. Payments may be completed in the currency indicated by the Service Provider and by credit card. All sums owed to the Supplier must be paid in full, without deducting any currency conversion or payment-related charges. The Client represents and warrants that the credit card information it provides is correct and it will promptly notify the Service Provider of any changes to such information. Failure of the credit card transaction will result in refusal of use of the Services by the Client. The Client acknowledges that its payments are handled by third-party service providers and the Service Provider is not responsible for these parties or their services and has no liability as concerns payment processing.

4.5. Prices on the Website are exclusive of VAT. Nonetheless, If applicable, the Service Provider will charge the Client VAT, unless the Client provides the Services Provider with a tax/VAT identification number that allows the Service Provider to charge exempt from VAT. The Client shall be solely responsible for all taxes that may be charged on its payment.

4.6. The Service Provider will electronically issue and provide the invoice to the Client after the successful payment of the subscription fee by credit card.

4.7. The Service Provider may, in its absolute discretion, charge interest on overdue amounts at the relevant statutory rate in accordance with the Hungarian Civil Code.

Limitations of liability

5.1. Other than as expressly provided in the GTC and to the extent permitted by applicable laws, the Service Provider does not make any warranties of any kind, including those of merchantability, fitness for a particular purpose, and non-infringement or any representations regarding availability, reliability, or accuracy of the Services.

5.2. Clients shall indemnify and hold harmless the Service Provider from all liabilities, damages, and costs arising out of a third party claim regarding or in connection with the Client’s use of the Services or breach of the DTC, to the extent that such liabilities, damages and costs were caused by the Client or its Users.

Termination and cancellation

6.1. The Service Provider may terminate the Client’s account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. The Service Provider shall send the Client at least one reminder by email before the termination of the account.

6.2. The Service Provider may terminate the Client’s subscription at the end of a billing cycle by providing at least 30 days’ prior notice to the Client. The Service Provider may also terminate without prior notice the Client’s subscription for a material breach of the GTC these Terms, or if the Client terminates its business or becomes subject to insolvency proceedings, or in case the Client uses the Services or behaves in a way which is against the norms of business cooperation, disturbing the operation of the Service Provider or other Clients. Such termination for cause may result the blocking of the Users of the Client and preventing them from using the Services in the future.

6.3. The Client can terminate its subscription and delete its account at any time through the Website. The termination will result in either the downgrade of the Client’s account to a free Package or a deactivation of the Client’s account and access to it. In case of deactivation of the Client’s account, the content the Client uploaded and generated through use of the Services will be permanently deleted. In case the Client terminates a subscription during a billing cycle, the Client will not receive a refund unless required by law.

6.4. New Consumers from the member states of the European Union may cancel their subscription within 14 calendar days after the payment of the subscription fee by credit card. Upon cancellation the Consumer’s account will be changed to a free Package. Clients may exercise the cancellation by sending a notice by email or by post specifying the user name and including an expressed statement on the cancellation. The fee shall be refunded within If within 14 days following the sending of the notice of cancellation.

Consumer complaints

7.1. The Consumer may submit any comments, complaints regarding the Service Provider’s services to the customer service run by the Service Provider.

7.2. In the event of the rejection of a complaint, the Consumer may contact the Arbitration Board of Budapest (address: 1016 Budapest, 99 Krisztina krt, 3rd floor 310; mailing address: 1253 Budapest, Pf.:10. Hungary). The Service Provider does not declare a subordination to the recommendation of a conciliation panel.

The Consumer is entitled to initiate proceedings in respect of any dispute arising through the online dispute resolution forum. The online dispute resolution platform under Regulation (EU) No 524/2013 is available at:

7.3. The Services Provider informs the Consumers that it is committing to the protection of consumers against unfair commercial practices without applying a formal code of conduct.

Protection of personal data

The Privacy Policy published on the Website governs the terms of the use of the personal data of the Clients and contained in the data uploaded to the Website by the Clients. You can find the Privacy Policy here: https://zurvey.io/zurvey/en/privacy-policy

With regards to the data uploaded or created by the Client by using the Services, the Client shall act as data controller and the Service Provider shall act as data processor. The terms between the parties concerning the personal data processing are governed by the data processing agreement constituting an integral part of the GTC.

Confidentiality

9.1. The Service Provider shall be liable to keep the data uploaded to the Website by the Client confidentially without limitation in time.

9.2. During the use of the Services by the Client under the GTC, each party may be given access to information (in whatever form) that relates to the other party’s past, present and future business activities, internal information, products, services know-how and/or intellectual property (hereinafter “Confidential Information”).

9.3. Each party receiving Confidential Information (the “Receiving Party”) from the other party (the “Disclosing Party”) under or in connection with the Services shall keep any such Confidential Information confidential and shall not divulge the same to any third party without the prior written consent of the Disclosing Party or save as specifically permitted below in this clause. Confidential Information shall not be used by the Receiving Party for any purpose other than in connection with the use of the Services. Confidential Information disclosed by the Disclosing Party that (i) is publicly available; (ii) has been received by the Receiving Party from a third party who is under no obligation of confidentiality with respect thereto; (iii) is known to the Receiving Party prior to disclosure by the Disclosing Party without an obligation of confidentiality; (iv) is independently developed by the Receiving Party; (v) is expressly authorized to be disclosed by the Disclosing Party in writing; or (vi) is required by law to be disclosed by the Receiving Party or in accordance with the requirement of any regulatory or supervisory authority to which the party is subject (in which case the Receiving Party shall use reasonable endeavours to notify the Disclosing Party in advance of such disclosure) shall be disclosed without the prior consent of the Disclosing Party.

Final provisions

10.1. The Service Provider owns all intellectual property rights in and related to the Services, including design and know-how, and any derivative works of them. All rights not expressly granted to the Client are reserved to Service Provider.

10.2. Neither party shall be in breach of the GTC nor liable for delay in performing, or failure to perform, any of its obligations under the GTC if that delay or failure result from events, circumstances or causes beyond its reasonable control.

10.3. The Client shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under the GTC without the Service Provider’s prior written consent. The Service Provider may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under the GTC.

10.4. The GTC constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to the Services.

10.5. If any provision or part-provision of the GTC is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If that modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.

10.6. The GTC, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of Hungary.

10.7. The Service Provider and the Client irrevocably agrees that the courts of Hungary shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the GTC or its subject matter or formation (including non-contractual disputes or claims).

10.8. The Supplier may give notice to the Client by posting the notice on the Website or using a messaging feature of the Website or by email to the address associated with his User Account or by mail or courier to the address provided by the Client. All notices, requests, enquiries, complaints and other communications to the Supplier should be sent to the appropriate email or postal address specified by the GTC. A notice shall be deemed to have been received: (a) the same day if given through a notice on the Website or by email; or in the case of a notice sent by mail or courier, on the day of the proven receipt of the notice, or in case of unsuccessful delivery 5 (five) days following the first delivery attempt.

10.9. The present GTC shall enter into force on 9 June 2020.

Data Processing Agreement

This personal data processing agreement (“DPA”) contains personal data processing terms between the Service Provider and any Client that uses the Services to analyse texts or create and manage surveys by uploading the personal data it obtained from third party private individual data subjects in full compliance with the relevant laws as data Client.

In the context of this DPA:

  1. Personal Data to be processed includes: personal data the Client obtained from third party private individual data subjects (the users and respondents as explained below) and uploaded to the Website in order to analyse texts or create and manage surveys. Given the broad potential use of the Services, the scope of personal data may vary on an individual basis and it is not possible to categorize those in advance. These data sets are usually customer reviews, social media comments, online news, survey answers collected with another survey platform. The Client, however, undertakes to minimise the scope of personal data used to an extent that is absolutely necessary for the give approved purpose.
  2. Approved Purposes: Personal Data is being processed only for the following purposes:use of the Services, analyze texts, create and manage surveys.
  3. GTC is the General Terms and Conditions of Zurvey.io
  4. Approved Sub-processors to be used for processing of Personal Data are the following companies: Microsoft Azure Cloud (cloud processing and storage provider) https://azure.microsoft.com/
  5. Users are persons who are having access to the platform. The platform’s Users belong to clients, which are legal entities and – while they are also data subjects to the data controlling activity of the Service Provider – they are responsible for the third party data they upload to the platform as data controllers.
  6. Respondents are persons who are sending answers to the Client’s surveys that are shared via the platform. These respondents are usually customers of the Clients, potential customers or employees of the Client.
  7. Administrators are employees of the Service Provider. They are developers, account managers or analysts who might help the Users in steps, questions or report creation. The Administrators are handling all Client information and data confidentially and cannot share it with 3rd parties without written permission from the Client.

Description of the data processing activity of the Service Provider

Uploading data to the platform:

Users can upload data sets to process and analyze them with the platform. Uploaded data is analyzed, text analyzed and summarized by the platform. The results can be accessed via the platform dashboard or exported into different file formats. The Client’s Users have access to the uploaded data set.

When data is uploaded to the platform it reaches the platform via encrypted HTTPS protocol. The platform is hosted in Microsoft Azure Cloud. The storage of the data is encrypted as well and they are physically located in the European Union, mainly in the Netherlands.

The Service Provider is not sharing the uploaded data sets or analysis results with 3rd parties nor with other Clients.

Upon client request the Administrators can have access to the data set to help in troubleshooting or platform usage.

Users can create surveys with the platform and share them with specific respondents or share the survey link publicly.

Collecting survey data:

The Users may collect IP address, browser type, device, operation system data from the Respondents using the platform. This data collection can be switched on by the User before sharing the survey.

The platform saves the Respondent answers only after fully finishing and submitting a survey by default. These settings can be changed by the User, so answers will be saved real-time. In this case the Respondents receive a notification automatically when they open the survey link.

The collected survey answers and data is stored in a secure encrypted format and is not shared with 3rd parties or other Clients. Users can delete it permanently.

If the Client collects personal or sensitive information from the respondents, it’s the client’s responsibility to notify the respondents about their privacy and data management goals.

Embedded surveys:

With the platform Clients are able to integrate micro-surveys into mobile applications or web applications. These micro-surveys usually ask a few non-personal questions from the users of the application. For example: please rate this application or share your experience with your own words.

The micro-surveys may collect the respondents’ user id, their device type and the triggering event. This data collection can be switched on by the User before activating the micro-survey.

It’s the Client’s responsibility to notify the respondents about the goals and details of the data collection.

The collected survey answers and data is stored in a secure encrypted format and is not shared with 3rd parties or other Clients. Users can delete it permanently.

Integrations

Clients can also integrate the platform with their in-house IT solutions and databases. In this case the platform processes and analyzes data is collected by the Client via other channels and the Client has to notify the Respondents or data sources about the data processing with the platform.

Showing analysis results on dashboard

Users can see the result of the data processing and analyzing via web-based dashboard from their browsers. They can see charts and summarizations and also load the original data from which these values calculated.

3rd parties and other Clients’ Users do not have access to this dashboard.

Exporting and sharing the data

Users can export a data set analysis result into different file formats. This file contains the original data set and the calculated data as well.

The exporting functions are only available for Users of the Client and the Administrators of the platform.

The output of the analysis is available via a password protected dashboard through a web-browser.

Only authenticated Users who have the necessary access rights can export the results via different file formats.

Access to personal data during development and support

In special cases Administrators of the platform might need to access personal data for testing or troubleshooting purposes. They do not have the right to copy or share personal information.

Storage period and deletion

The collected or uploaded data is stored until the termination / deactivation of the Client’s account. Users can delete every data set of the Client permanently and immediately from the platform. . In such cases the original data and the calculated, enriched data is deleted as well. Platform system logs do not contain such data.

Client guarantees that all Personal Data is obtained in full compliance with the relevant data protection laws.

Service Provider shall only process Personal Data on documented instructions from the Client. Personal Data shall only be processed for the Approved Purpose, worldwide.

Service Provider may also process Personal Data when required to do so by European Union or Member State law to which the Service Provider is subject; in such case, Service Provider shall, if legally possible, inform the Client of that legal requirement before engaging in processing.

Service Provider shall ensure that only persons authorized to process the personal data have access to the personal data and that such personnel are subject to obligations of confidentiality, or have such duty under the law.

Service Provider shall implement technical and organizational measures to ensure a level of security appropriate to the risk presented by the processing. The Service Provider uses the computing capacity of Microsoft Azure Cloud. The related physical security and availability is guaranteed by Microsoft Azure Cloud, while on the software side the Service Provider does regular security maintenance, security updates and maintains a professional user permission structure.

Neticle Labs Ltd also does regular updates and internal security audits for each software component and their frameworks.

Service Provider shall not engage any sub-Service Providers without prior specific authorization of Client. Service Provider shall inform Client of any intended changes concerning the addition or replacement of sub-Service Providers prior to engaging them, thereby giving Client the opportunity to object to such changes.

Where Service Provider engages a sub-Service Provider for carrying out specific processing activities on behalf of the Client, the same data protection obligations as set out in this Agreement shall be imposed on that sub-Service Provider. Where sub-Service Provider fails to fulfil its data protection obligations, Service Provider shall remain fully liable to Client for sub-Service Providers’ acts and omissions.

Taking into account the nature of processing and data available to Service Provider, it shall assist Client in:

a) Fulfilment of Client’s obligation to respond to requests for exercising the data subject's rights under the applicable laws

b) Implementing appropriate technical and organization measures to ensure a level of security appropriate to the risk hereunder;

c) Carrying out Data Protection Impact Assessment, as reasonably required by the Client;

d) Communicating with national Data Protection authorities.

In the case of a personal data breach, Service Provider shall without undue delay, and at the latest within 24 hours after becoming aware of it, notify the Client in writing of the breach. Such notification shall, at a minimum, contain information laid down in Article 33(3) of GDPR.

At the choice of Client, Service Provider shall immediately delete or return all the personal data, including any copies, after the end of the provision of services relating to processing, or upon a written request from Client.

Service Provider shall give Client access to all information reasonably necessary to demonstrate compliance with this Agreement and allow for and contribute to audits, including inspections, conducted by Client or another auditor mandated by the Client. Each of the parties shall bear its own costs related to such audits.

Service Provider shall fully indemnify and hold the Client harmless from all claims, liabilities, costs, expenses and damages and loss resulting from the Service Provider’s failure to comply with the requirements set out in this Agreement and laws applicable to the Service Provider’s processing activities.

Any non-conformity with the requirements set out in this Agreement shall be regarded as a material breach of this Agreement and the Services Agreement by Service Provider.

Any dispute, controversy, proceedings or claim arising out of, or in any way relating to this Agreement, including, but not limited to, its formation, interpretation, breach, termination or invalidity, shall be exclusively governed by Hungarian law, without giving effect to its conflict provisions. Any such dispute, controversy or claim shall be exclusively resolved by Hungarian courts.

All terms in this DPA are to be given the same meaning as in Regulation (EU) 2016/679 (General Data Protection Regulation) and the GTC unless otherwise is expressly indicated.

This present DPA is concluded by and between the Parties via electronic means upon the Client’s expressed acceptance of the Zurvey.IO GTC and DPA.

Contact Us

Neticle Labs

Contact Us

Address:
No. 14 41 Leonardo da Vinci street 2nd floor
Budapest Hungary H-1082

Registered seat:
10 Vető street Budapest Hungary H-1213

Zurvey.io - Professional survey tool that analyses text answers fully | Product Hunt Embed
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Péter Szekeres

Co-founder & CEO [email protected] +36 70 701 6488

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Ádám Gulyás

Zurvey Analysis Consultant [email protected] +36 30 716 2811

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Bernadett Kiss

Head of Marketing [email protected] +36 30 352 6707