This is a legal agreement ("Agreement") between You and tabsurvey ApS. (referred to herein as "the Vendor"), a Denmark Limited Company, for use of the tabsurvey.com website referred to herein as "Website”). “You” refers to any individual who agrees to the “I agree to the terms and conditions” checkbox option on the Registration page or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then “You” refers to such entity. If You do not agree with the terms of this Agreement, do not select the Terms of Service checkbox and do not use the Service. The Vendor reserves the right to update and change the Agreement from time to time without notice or acceptance by You. The Agreement will also be applicable to the use of the Service on a trial basis. By using the Service, You signify your irrevocable acceptance of this Agreement. The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
The Service includes, and is limited to, a website allowing You access to and use of a single tabsurvey Account, with support from the Vendor. "tabsurvey" referred to herein means the tabsurvey product, a web server-based software product that allows the user to create and publish surveys, view and download the results of said surveys and manage Apple Corporation’s iPad devices (“Devices”) which are owned by You.
"Support" referred to herein means technical support from the Vendor, available via electronic mail or chat via the Vendor’s website.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Agreement. You also understand and agree that the service may include certain communications from the Vendor, such as push notifications, service announcements, administrative messages, etc., and that these communications are considered part of the Service and You will not be able to opt out of receiving them.
You agree not to access the Service by any means other than through the interfaces that are provided by the Vendor for use in accessing the Service. The Vendor will provide the Service in accordance with this Agreement. The Vendor may at its sole discretion modify the features of the Service from time to time without prior notice.
In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide The Vendor with a valid electronic mail address and other information ("Registration Data"). You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify The Vendor of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Vendor cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. In consideration of use of the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If You provide any information that is untrue, inaccurate, not current or incomplete, or The Vendor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Vendor has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). If You are under 18 years of age then You are required to have a parent or guardian review and complete the registration process on your behalf.
There are several account types available. Please visit our features and pricing page for account overviews, features and prices.
An account is charged once a year for accounts with annual billing and once a month for accounts with monthly billing. All accounts are charged up-front. The Vendor is unable to provide refunds for subscriptions. However, a subscription may be cancelled at any time. Subscriptions that are cancelled in the middle of a billing period will not be provided a refund for that billing period.
The standard term for an account with annual billing is 12 months. Upon expiry of a term, the Service will automatically be renewed for a consecutive period of one (1) year. The standard term for an account with monthly billing is 1 month. Upon expiry of a term, the Service will automatically be renewed for a consecutive period of one (1) month.
You are responsible for maintaining the security of Your Content and tabsurvey Account, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with the tabsurvey Account, including those of Your Users. You agree to immediately notify tabsurvey of any unauthorized uses of the Account or any other breaches of security. tabsurvey cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will the Vendor be liable, in any way, for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
The Vendor retains ownership of all proprietary rights in the Service and in all trade names, trademarks and service marks associated or displayed with the Service except for those of Apple Corporation. You will not remove, deface or obscure any of tabsurvey's copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service.
You acknowledge that any use of the Service contrary to this Agreement, or any transfer, sub-licensing, copying or disclosure of technical information or materials related to the Service, may cause irreparable injury to the Vendor, its affiliates, suppliers and any other party authorized by the Vendor to resell, distribute, or promote the Service ("Resellers"), and under such circumstances tabsurvey, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
You agree that The Vendor has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. You acknowledge that The Vendor may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. The Vendor retains the right to create limits on use and storage at its sole discretion at any time with or without notice. You acknowledge that the Vendor reserves the right to log off users who are inactive for an extended period of time.
You agree that You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by The Vendor.
You represent and warrant that (a) all of the information provided by You to the Vendor to participate in the Service is correct and current; and (b) You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of You hereunder.
You understand and agree that the Service is provided "as is" and the Vendor, its affiliates, suppliers and Resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on The Vendor's servers. The Vendor, its affiliates, suppliers and Resellers make no warranty or representation regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user's requirements. Use of the Service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with You. No oral or written information or advice given by The Vendor or its authorized representatives shall create a warranty or in any way increase the scope of The Vendor's obligations. Without limiting the generality of the foregoing, the Vendor, its affiliates, suppliers and resellers specifically disclaim any express or implied warranty of fitness for such purposes.
The Vendor will never sell or otherwise make available any information, which You register on the tabsurvey website. All data entered or imported by You remains Your property and confidential to You. The Vendor will not use nor make available for use any of this information without Your prior permission. However, the Vendor reserves the right to use anonymous data samples for survey template optimization and industry benchmarking.
You agree to indemnify, defend and hold harmless The Vendor, its affiliates, officers, directors, employees, consultants, agents, suppliers and resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees as and when incurred) arising from Your use of the Service, Your use of Your Account, Your violation of this Agreement or the infringement or violation by You or any other User of Your Account, of any intellectual property or other right of any person or entity.
The Vendor reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that The Vendor shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and The Vendor Limited is intended or created by this Agreement.
In no event will The Vendor or its affiliates, suppliers or Resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if The Vendor, its affiliates, suppliers or Resellers have been advised of the possibility of such damages. In any case, The Vendor's, its affiliates', suppliers' and Resellers' maximum cumulative liability and Your exclusive remedy for any claims arising out of or related to this Agreement will be limited to the amount actually paid by You for the Service if any.
Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of The Vendor services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement shall be governed by and construed under the laws of Denmark. The parties consent to the exclusive jurisdiction of courts located in Denmark.
This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. The Vendor may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Any and all rights and remedies of The Vendor upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on The Vendor, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement. Notices to You may be made via either email, push notifications or regular mail. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to You generally on the Service. All notices or other correspondence to The Vendor under this Agreement must be sent to the following electronic mail address for such purpose: firstname.lastname@example.org or the following physical address: tabsurvey ApS., 3 Fruebjergvej, DK-2100 Copenhagen, Denmark
Revised 5th of April 2016