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.
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. 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. If You do not wish to have your account automatically renewed, You shall inform us of this writing.
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.
For customers within the European Union (EU): If You are a customer who is operating as “data controller” as defined in the European General Data Protection Regulation 2016/679 (“GDPR”) please refer to the additional terms below in section 22 to address your obligations under this law.
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.
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.
22.1 Effective Date and Definitions
These additional terms will apply to You from May 25, 2018, where you are a customer of tabsurvey ApS. within the EU and are operating as a “data controller” in your use of the Service.
The terms “personal data,” “data subject,” “processing,” and “processor” have the meanings given to those terms respectively in the GDPR.
22.2 Processing Instruction
22.3 Customer Obligations
You shall ensure and hereby warrant and represent that you are entitled to transfer personal data to tabsurvey so that tabsurvey may lawfully process and transfer the personal data in accordance with these Terms. You shall ensure that relevant data subjects have been informed of, and have given their consent to, such use, 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 tabsurvey in the provision of the Service.
22.4 tabsurvey’s obligations
Where tabsurvey is processing personal data on your behalf, it will:
(b) ensure that all tabsurvey 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 under Article 28 of the GDPR, where such information is held by tabsurvey and is not otherwise available to you through your account and user areas or on tabsurvey websites, provided that you provide tabsurvey 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 Service;
(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 12 months after data is deleted from an account); and
(f) to the extent reasonably able, assist you as reasonably required (at your expense) where you wish to conduct a data protection impact assessment involving the Service.
22.5 tabsurvey sub-processors
tabsurvey uses trusted partners in facilitating certain elements of our Service (“sub-processors”). By agreeing to these Terms, you provide a general authorization to tabsurvey to engage onward sub-processors, subject to compliance with the requirements set out here. If you wish to receive a list of sub-processors who handle personal data for tabsurvey please complete our contact form (https://tabsurvey.com/contact/ ).
tabsurvey will be liable for the acts and omissions of its sub-processors to the same extent tabsurvey would be liable if performing the services of each of those sub-processors directly under these Terms, except as otherwise set forth in these Terms. tabsurvey ensures that all sub-processors on the sub-processor list are bound by contractual terms that are in all material respects no less onerous than those contained in these Terms.
22.7 Security Measures
tabsurvey has 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. At reasonable intervals, tabsurvey tests and evaluates the effectiveness of these technical and organizational measures for ensuring the security of the processing.
22.8 Security Incident
If tabsurvey becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data (“Security Incident”), tabsurvey will take reasonable steps to notify you without undue delay, but in any event within 72 hours of becoming aware of the Security Incident. tabsurvey 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 tabsurvey.
You will allow one month for tabsurvey to respond to any audit request which you make. No person/party conducting an audit on your behalf, shall be, or shall act on behalf of, a competitor of tabsurvey (“Auditor”). You will only be entitled to conduct an audit once per year (during the course of a 12-month subscription) unless otherwise legally compelled or required by a regulator with established authority over you to perform or facilitate the performance of more than 1 audit in that same year (in which circumstances you and tabsurvey will, in advance of any such audits, agree upon a reasonable reimbursement rate for tabsurvey’s audit expenses). The scope of an audit will be as follows (unless you are compelled by a regulator with authority over the processing activities involving the Service to vary this format for audit):
(a) tabsurvey agrees, subject to any appropriate and reasonable confidentiality restrictions, to provide evidence of any certifications and compliance standards it maintains and will, on request, make available to you an executive summary of tabsurvey’s most recent penetration tests, which summary shall include remedial actions taken by tabsurvey resulting from such penetration tests.
(b) The scope of the certifications and penetration tests provided will be limited to tabsurvey systems, processes, and documentation relevant to the processing and protection of personal data undertaken for the Service obtained by you, and Auditor will conduct audits subject to any appropriate and reasonable confidentiality restrictions requested by tabsurvey.
(c) You will promptly notify and provide tabsurvey with full details regarding any perceived non-compliance or security concerns discovered during the course of an audit.
The parties agree that, except as otherwise required by order or other binding decree of a regulator with authority over you, this section sets out the entire scope of your audit rights as against tabsurvey.
22.10 Liability for Data Processing
The parties’ respective aggregate liability whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any and all claims arising out of or in connection with this Section EU2 shall be as set out in these terms, unless otherwise agreed in writing.
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: email@example.com or the following physical address: tabsurvey ApS., 3 Fruebjergvej, DK-2100 Copenhagen, Denmark
Revised 25th of May 2018