Terms of Service
Last Updated: December 31, 2019
Thank you for using Segmanta’s products and services (“Services”).
Our Terms of Service (“TOS”) contain the terms under which we provide our Services to you and describe how the Services may be accessed and used. Any Master Services Agreement (MSA) you hold with us as part of an Enterprise Account will override these TOS.
If you are or will be using our Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.
By using our websites, accessing the TOS, registering as a member of Segmanta or participating in any survey provided or hosted by Segmanta (each, a “Survey” and collectively “Surveys”), you agree to these TOS. While using Segmanta, you or a third party acting on your behalf can submit content or data to us (including your personal data and the personal data of others). We will refer to this as “Data”. If you do not agree to the TOS, do not use our websites or our Services.
1. Account creation and responsibility
1.1. Account registration. To access the full functionality of the Services, you must first create an account with your Registration Data (see 1.2.). Once the registration form has been filled out, you must agree to the Privacy Policy and these Terms.
1.2. Registration Data. By creating a Segmanta account, you agree to: (i) provide true, accurate, current, and complete information about yourself, as prompted by the Service’s registration form (the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (iii) provide, if applicable, a valid payment method for paying any fees associated with the Service; (iv) use only the Segmanta account you have created to access our Services; (v) not allow your Segmanta account to be used by anyone else to access the Service; and (vi) not use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account.
1.3. Registration Data responsibilities. You are obliged to inform Segmanta of any changes to your personal data and are responsible for preventing unauthorized access by a third party. In addition, you will be solely responsible for the choice, loss, theft or unauthorized use of any code or password, and the consequences derived therefrom. If you provide any information that is untrue, inaccurate, not current or incomplete, or that impersonates another person, including organizations or entities, or if Segmanta has reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current or incomplete, or impersonates another person, Segmanta may suspend or terminate your account and refuse to allow you to use our Services at any time. All Registration Data will be stored and used in accordance with Segmanta’s Privacy Policy.
1.4. Survey Creator responsibility in connection with Survey Takers. The Survey Creator is the person who creates and conducts Surveys, and the Survey Taker is the person who answers these Surveys.
As defined in the European General Data Protection Regulation (“GDPR”), the Survey Creator may act as “data controller”, for which we have added some additional terms in section “GDPR Terms for Customers in Europe” to address your obligations as data controller under this law.
As defined in the California Consumer Privacy Act (CCPA), Segmanta acts as a “Service Provider” in relation to the survey data and content generated by Survey Creators using our Services. As a Service Provider under the CCPA, Segmanta is solely responsible for processing and transferring Survey Creators’ data, which is stored on our servers.
As Survey Creator, you agree that you are responsible for (1) informing and notifying the Survey Takers of any Surveys that are created by the Survey Creator through the Services about how Segmanta may use Survey Takers’ responses and personal data as described in the Segmanta TOS and Privacy Policy; and (2) for obtaining proper consent by Survey Takers for your company’s own TOS and Privacy Policy, under the applicable laws.
2. Fees and Payments
2.1. Fees for Services. You agree to pay to Segmanta for all fees of Services that you purchase or use (including any overage fees), in accordance with the pricing and payment terms you have agreed to for that Service. Where applicable, you will be billed using the billing method you select through the Pricing page, through your account management settings or through correspondence with a Segmanta account manager. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
2.2. Recurring subscriptions. Some of our Services are billed on a recurring or periodic basis (we call these “Subscriptions”) where you will be billed in advance for each period of time (“Billing cycle”). Billing cycles are typically monthly or annual, depending on what type of Subscription you select. Your Subscription will automatically renew at the end of each Billing cycle. You may cancel your Subscription through your account settings page, or by contacting our customer support team. Once you cancel your Subscription, you will retain access of your Segmanta account and Survey Data. If you sign up for Segmanta and do not wish to use auto-renewal, you can cancel your Subscription immediately once the Subscription starts if you do not want it to renew.
2.3. Taxes. Unless otherwise stated, you are responsible for any taxes (other than Segmanta’s income tax) associated with your purchase of Segmanta’s Services, including any related penalties or interest. You agree to pay Segmanta for the Services without any reduction for taxes. If Segmanta is obliged to collect or pay taxes, these charges will be transferred and invoiced to you unless you provide Segmanta with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. If you are required by law to withhold any Taxes from your payments to Segmanta, you must provide us with an official tax receipt or similar documentation to support withholding such payments.
2.4. Price changes. Segmanta may change the fees charged for the Services at any time, provided that, for Subscription based Services, the change will become effective at the end of your current Billing cycle. Segmanta will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription if you wish, before any changes become effective.
2.5. Failure to pay fees. Failure to pay overdue fees may result in your access to Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of access to your Data associated with that Service.
3. Privacy
3.1. Privacy. When using our Services or by visiting our websites, you may submit personal data to us (for example, through a contact form, registration form or by building a survey to collect survey responses which may include personal data from others). We may also collect data about you through third parties such as cookies, web beacons and pixels (for example, Google Analytics, functional cookies or marketing pixels). Privacy protection is at the core of Segmanta’s operations and as custodians of your Data, we take these responsibilities very seriously. You can read more in our Privacy Policy to understand how we treat your Data and our commitment your privacy. By using our Services, you consent to our Privacy Policy including your obligations as the data controller in regards to the respondents of any surveys you create using our Services.
3.2. Disclosure. Segmanta keeps your Data private, discreet and confidential. However, there are limited instances in which we disclose your Data in terms specified by our Privacy Policy. These terms include: (a) if the Data becomes public (b) if the Data was lawfully disclosed, known, or developed by Segmanta before receiving it from you; (c) if the Data was received by Segmanta from a third party without knowledge of breach of any obligation owed to you; (d) when required by the law or through legal processes, but only prior to we using reasonable efforts to contact you and give you the opportunity to challenge our requirement to disclose.
3.3. Data Security. Segmanta stores and processes your Data at the most rigorous industry security standards. Throughout our infrastructure, Services, and internal company practices, we have implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the protection, integrity, and confidentiality of your Data and to mitigate the risk of unauthorized access to or use of your Data.
4. Your Data
4.1. You own your Data. The Data that you submit, create or generate in our Services belongs to you. We do not claim ownership over any of your Data. You are responsible for your own Data and you must ensure that you have all the rights and permissions needed to use that Data in connection with our Services. Segmanta is not responsible for any actions you take with respect to your Data, including sharing it publicly.
These Terms do not grant us any licenses or rights to use your Data in cases other than for us to provide the Services, for our legitimate business interests, and as otherwise described in these Terms.
4.2. Limited license to your Data. You grant Segmanta a worldwide, royalty free license to reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise use your Data, but only for the limited purposes of providing the Services to you and as otherwise permitted by Segmanta’s privacy policy. Our limited license to your Data will still uphold even after you stop using our Services and extends to any trusted third parties we work with to while providing you with our Services.
4.3. Reviewing your Data. In order to ensure compliance with legal obligations, Segmanta may need to review certain Data if it is reported to us in order to determine whether it is illegal or whether violates these TOS. We may also modify, prevent access to, delete, or refuse to display data that we believe violates the law or these TOS. However, Segmanta otherwise has no binding obligation to monitor or review any Data submitted to the Services.
4.4. Reference in marketing materials. Segmanta may identify you by name and/or logo as a customer on our website and on other promotional materials. Any reference we attribute to you as a customer is intended to benefit you and your interests.
5. Other Segmanta Users’ Data
5.1. Data provided by other users. Segmanta displays data created and provided by users of our Services, that is not owned by Segmanta. This data is the sole responsibility of the user that makes it available. Do not use other users’ Data from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.
5.2. Surveys published on third party properties. Surveys may be published as links or embedded within third party internet websites. Segmanta is not responsible for the connection or the content contained in these Surveys. Images or trademarks displayed in the Survey’s content or Data is owned by the Survey Creator(s).
6. Managing Your User Account
6.1. Keep your account password secure and confidential. Your user account should be associated to your email address that you, and only you, are privy to. You are responsible for protecting your password and any other credentials that you use to access your Segmanta account. You are responsible for any consequences that come with sharing your account credentials. You, not Segmanta, are responsible for any action taken within your account (other than activity that Segmanta is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify us immediately.
6.2. Keep your information up to date. We will use the email address associated with your account to notify you of important updates, notices and other messaging. You are responsible for keeping your email address updated. You should also keep your contact and payment details, if applicable, updated.
6.3. Exporting your Data. If you would like to backup your Data, you are responsible for exporting this Data to your computer’s hard drive. The export tool is available to you in certain instances and under certain survey user permissions. To the extent permitted by applicable law, Segmanta is not liable for any failure to store, loss or corruption, or any other actions that occur to the backups of your Data.
6.4. Account Inactivity. Segmanta can terminate your 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. However, we will contact you by email and/or any other contact details you’ve provided us, before terminating your account to provide you with an opportunity to log in to your account so that it remains active.
7. User Requirements
7.1. Minors. You may only use the Service if you have the power to form a contract with Segmanta. None of the Services are intended for use by individuals less than 13 years old (or under a higher age according to the laws of your residence) (“Minors”). If you are a Minor or do not have the power to form a contract with Segmanta, you may not use our Services. We urge parents and guardians to directly supervise any use of the Services by Minors.
7.2 Legal status. By using Segmanta, you represent that you will comply with all laws and regulations applicable to your use of the Services. You may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving the Services, or are on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any paid Services from Segmanta. You also will ensure that: (a) your end users do not use the Services in violation of any export restriction or embargo by the United States; and (b) you will not provide access to the Services to persons or entities on any of the foregoing lists.
8. Acceptable Uses of the Services
8.1. Your Responsibilities. You are responsible for your conduct, Data, and communications with others while using the Services. You must comply with the following requirements when using the Services:
(a) You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.
(b) You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
(c) You may not circumvent or attempt to circumvent any limitations that Segmanta imposes on your account (such as by opening up a new account to conduct a survey that we have closed for a Terms violation).
(d) Unless authorized by Segmanta in writing, you may not probe, scan, or test the vulnerability of any Segmanta system or network.
(e) Unless authorized by Segmanta in writing, you may not use any automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.
(f) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.
(g) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
(h) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Segmanta will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to an acceptable level.
(i) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
(j) Unless authorized by Segmanta in writing, you may not resell or lease the Services.
(k) If you are acting on behalf of more than one business entity, belonging to and acting in the capacity of, but not limited to an agency, consultant or contractor. You may not subscribe to or act as a primary (non-guest) user of any Business plan. Please refer to our Agency page, and contact us for an appropriate plan.
(l) Impersonate or misrepresent your affiliation with any person or entity.
(m) You may not collect or store any personally identifiable information from other members of the Service without their express permission.
(n) You may not register accounts by “bots” or by other automated methods.
9. Suspension and Termination of Services
9.1. By You. You may terminate your subscription at any time by contacting us or through your account settings page. If you terminate a Subscription in the middle of a Billing cycle, you will not receive a refund for any period of time you did not use the Services in that billing cycle unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; or (b) a refund is required by law.
9.2. By Segmanta. Segmanta may limit, suspend or terminate your Subscription for any of the following reasons by providing at least 30 days’ written notice to you: (a) you have breached or fail to comply these Terms and did not resolve this within 30 days after Segmanta has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; (c) you fail to pay fees for 30 days past the due date; or (d) if we are currently investigating suspected misconduct by you.
However, there may be time sensitive situations where we may need to take immediate action without prior notice. Segmanta will use commercially reasonable efforts to limit termination or suspension without prior notice so that we can resolve the issue that prompted such action. Furthermore, Segmanta has no obligation to retain your Data if your Subscription or applicable Services are terminated.
9.3. Further Measures. If Segmanta stops providing the Services to you because you repeatedly or egregiously breach these Terms, Segmanta may take measures to prevent the further use of the Services by you, including blocking your IP address.
10. Changes and Updates
10.1. Changes to Terms. Segmanta may change these TOS at any time. The most current version will always be posted on the Segmanta website, along with the date in which we updated these TOS. Notice of amendments may also be notified to you via email, posted on or blog or upon your login back to your account. Changes will be effective on the day that they are publicly posted. If you do not agree to any changes we make to the TOS, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
10.2. Changes to Services. Segmanta constantly changes and improves our Services. Segmanta may add, alter, or remove functionality from a Service at any time without prior notice and at its discretion. If Segmanta discontinues a Service, we will give you advance notice so that you have the opportunity to export a copy of your Data from that Service. Segmanta may remove your Data from the Services at any time in our sole discretion, although we will do our best to give you prior notice if it significantly impacts your usage and if it is possible under the circumstances.
11. Disclaimers and Limitations of Liability
11.1. Disclaimers. While it is in Segmanta’s interest to provide you with a great experience when using the Services, there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. Segmanta does not make warranties of any kind regarding our availability, reliability, or accuracy of the Services. Segmanta is not liable for any indirect or direct damages whatsoever, including the loss of use, data, business, revenues.
11.2. Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
11.3. Businesses. If you are a business, you will indemnify and hold harmless Segmanta and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.
12. GDPR Terms for Customers in Europe
By requesting the Services and agreeing to these TOS and our Privacy Policy, you agree that Segmanta will process any personal data collected by you through the Services, on your behalf.
The below GDPR terms apply as of May 25, 2018, where you are a user of Segmanta and are operating as a “data controller” (as that term is defined in the GDPR) in your use of our Services.
The terms “personal data,” “data subject,” “data controller,” and “processing” have the same meanings as those meanings given in the GDPR.
You hereby confirm that you are eligible to transfer personal data to Segmanta so that Segmanta can lawfully process and transfer the personal data in accordance with these TOS. You ensure that the relevant data subjects have been informed of, and have given their consent to, such processing, and transfer as required by all applicable data protection laws and have sole responsibility for the accuracy, quality, and legality of personal data processed by Segmanta in the provision of the Services.
Where Segmanta is processing personal data on your behalf, it will:
(a) only do so based on your instructions and in accordance with applicable law, including with regard to transfers of personal data to a third country or an international organization, and the parties agree that these TOS and the Segmanta Privacy Policy constitute such documented instructions;
(b) ensure that all Segmanta personnel involved in the processing of personal data have committed themselves to confidentiality;
(c) where applicable to you and where it is technically feasible, make available information necessary for you to demonstrate compliance with your obligations as a data controller under Article 28 of the GDPR, where such information is held by Segmanta and is not otherwise available to you through your account and user areas or on Segmanta websites, provided that you provide Segmanta with at least 14 days’ written notice of such an information request;
(d) promptly notify you of all requests received directly from a data subject in respect of that data subject’s personal data submitted through the Services;
(e) upon deletion by you, not retain personal data from within your account other than in order to comply with applicable laws and regulations and as may otherwise be kept in routine backup copies made for disaster recovery and business continuity purposes (which are also deleted no later than 14 days after data is deleted from an account)
Segmanta has, taking into account the most recent product developments, cost of implementation and the scope, context and purposes of the Services and the level of risk, implemented appropriate technical and organizational measures to ensure a level of security appropriate to the risk of unauthorized or unlawful processing, accidental loss of and/or damage to your personal data and as specified in our Security Statement which is incorporated by reference into these Terms. At reasonable intervals, Segmanta tests and evaluates the effectiveness of these technical and organizational measures for ensuring the security of the processing.
If Segmanta becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data (“Security Incident”), Segmanta will take reasonable steps to notify you without undue delay, but in any event within 72 hours of becoming aware of the Security Incident. Segmanta will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by Segmanta.
