General Terms and Conditions

(Last amendment on 01/19/2013)

1. Utilization options

1.1 The Internet platform offers users the opportunity to create online or answer online surveys.

1.2 The platform is available to physical an legal persons.

2. Use of the platform

2.1 The contract between the platform operator and the user regarding the utilization of the platform becomes effective through the use of the service (i.e. by creating or answering surveys).

2.2 Utilization implies agreement on the part of the User with the Sales Terms and the Privacy Policy.

3. Offers

3.1 Users can use the application to create online surveys at will.

3.2 Users are responsible to ensure that created surveys and responses to surveys do not violate any third party rights, including any ownership and intellectual property rights. Users must obtain permission from third parties to use information owned by others.

3.3 Surveys whose content is deemed illegal or contrary to morality will not be allowed. In particular, this prohibition applies to items that are pornographic, racist or toxic, or are in any way associated with unconstitutional organizations.

4. Obligations of platform users

4.1 Users will make, at their own cost, the necessary arrangements to access the Internet, possibly on other platforms.

4.2 In case of reasonable indications of unauthorized use or misuse of the platform (including distribution of spam), the platform operator will be entitled to lock the User as well as any survey answers connected thereto without advance notice and until security is restored.

4.3 In case of breach by the contractual party of the provisions contained in clauses 4.1 and 4.2, or breach of third party rights pursuant to clause 4.2 of this Agreement, the platform operator will be entitled to restrict platform access to the offending user. Users will be liable for any expenses incurred and damages suffered by the platform operator arising out of or in connection to the violation of their obligations.

5. Guarantee for platform services

5.1 The platform operator guarantees a seamless execution of its services and is committed to do so under current technical standards

5.2 The liability of the platform operator is limited to damages for intentional contractual breaches or those arising out of simple or gross negligence of its employees.

5.3 Users understand that flaws may appear even under careful software development and maintenance. Thus, the platform operator cannot guarantee uninterrupted operation of the Internet connection or platform. The platform operator is not liable for any consequential damages, loss of profits or loss of data or damages arising out of business interruptions.

5.4 The platform operator performs planned system interruptions, for example, maintenance intervals, at off-peak times whenever possible. It can interrupt the operation should this become necessary on relevant grounds, e.g., in case of disturbances or likelihood of abuse. Information about disruptions will be announced on the website to the extent possible.

5.5 The platform operator is not liable for any defects or disturbances for which it is not at fault, especially as regards security defects and operational accidents from vendors or third party companies with whom it works or from which it depends in any way.

5.6 Further, the platform operator is not liable for acts of God, improper procedure and disregard for the risks on the part of the user or third party, excessive strain, unsuitable equipment of the supplier or the customer or third parties, extreme environmental conditions, interference by the other party or its users or interference by third parties (viruses, worms, etc.) that happen in spite of the current and necessary safety precautions.

5.7 The platform operator informs Users if possible on its website of any risks, e.g., spam, which are supposedly send under their name, as well as of safety precautions.

5.8 If users identify possible failures of the Internet connection relating to the platform, they should diligently report such circumstance to the platform operator.

5.9 The platform operator makes the Privacy Policy available online. The User agrees to the application of the Privacy Policy. The platform operator endeavors to leverage the current state of technology regarding security for its own systems, programs, etc. and those over which it may exert influence.

5.10 Users take note that the platform operator records all data necessary to fulfill contractual obligations and retains them pursuant to legal archiving obligations, evaluating the same if need be for statistical purposes. Survey creators can reuse all data entered by Users. Users must independently determine the data they wish to share to decide whether to participate in a given survey.

5.11 The platform operator is not liable for any misrepresentation or false information from Users.

5.12 The platform operator is not liable in case for attacks (e.g., from hackers) and data theft.

6. Right of revocation / Right of withdrawal

6.1 Users can independently delete surveys and responses thereto in the summary page.

7. Contract amendments

7.1 The platform operator is entitled to amend the Terms and Conditions as required. Amendments will be timely announced on the website and made available for printing.

8. Final provisions

8.1 This Agreement is subject to Swiss law. Users with a regular place of residence abroad will be subject to the law of their residing State (IPR Article 120).

8.2 If certain points appear unregulated (contractual gaps or loopholes) or if any provision of these Terms and Conditions is or becomes invalid, the Agreement as such still remains valid and in effect. The unregulated or invalid points must be replaced by an agreement that complies with the law and the comes closest to the intend of both parties.