The following is a sample set of general terms and conditions for a Opinify OÜ:
These terms and conditions (the "Terms") govern the use of the Opinify OÜ's software as a service offerings (hereby referred as "Opinify platform"). By using the Opinify platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Opinify platform.
Our service allows users to create and distribute surveys to their audiences. Our software allows users to design and customize their surveys, select the type of questions and answers, and distribute the survey via email or web link. Users can also analyze the responses received using our software, generate reports, and share the results with their teams.
To access the Opinify platform, you must register for an account ("Account"). You are responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your account or any other security breach.
The Opinify platform may allow you to upload, submit, store, send or receive content, including but not limited to text, photographs, videos and audio (collectively, "User Content"). You retain all rights in and to your User Content and are responsible for protecting those rights.
You agree that you will not engage in any activity that interferes with or disrupts the Opinify platform (or the servers and networks which are connected to the Opinify platform).
The Opinify platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Opinify OÜ, its licensors or other providers of such material and are protected by European Union and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms grant you no right, title or interest in the Opinify platform or any content, feature or functionality thereof.
The Opinify platform is provided on an "as is" and "as available" basis, and the Opinify OÜ makes no representations or warranties of any kind, express or implied, as to the operation of the Opinify platform or the information, content, materials, or products included on the Opinify platform. The Opinify OÜ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Opinify OÜ will not be liable for any damages of any kind arising from the use of the Opinify platform, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
The Opinify OÜ may terminate these Terms or suspend your access to the Opinify platform at any time, with a prior notice. Upon termination, you must cease all use of the Opinify platform.
These Terms and your Opinify platform use will be governed under Estonian law.
These Terms constitute the entire agreement between you and the Opinify OÜ regarding the use of the Opinify platform.
These Terms and any disputes arising under or related to these Terms will be governed by the laws of the Estonia in which Opinify OÜ is located, without giving effect to its conflict of laws principles. You agree that any legal action or proceeding between you and Opinify OÜ will be brought exclusively in Estonia.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Opinify OÜ with respect to the use of our services. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible. Our failure to enforce any provision of these Terms will not be considered a waiver of that provision or of our right to enforce that provision. You may not assign these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign these Terms without our consent will be null and void. We may assign these Terms, in whole or in part, at any time without notice to you.
You agree to pay all fees and charges associated with your use of the services. You agree to provide us with accurate billing and contact information and to promptly update this information if it changes. You also authorize us to bill you for all fees and charges that you incur through your use of the services.
In no event shall Opinify OÜ, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our services by any third party, (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via our services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You agree to indemnify and hold Opinify OÜ, its officers, directors, employees, and agents, harmless from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of our services, your breach of these Terms, or your violation of any law or the rights of any third party.
Our services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources.
We reserve the right to modify or discontinue, temporarily or permanently, our services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of our services.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by arbitration under the International Chamber of Commerce (ICC) Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Tallinn, Estonia. The language to be used in the arbitral proceedings shall be English. The governing law of the arbitration agreement and of the contract shall be the law of Estonia.
We reserve the right to modify these Terms at any time, so please review them frequently. If we make material changes to these Terms, we will notify you here, by email, or by means of a notice on our website prior to the change becoming effective. Your continued use of our services after such notice constitutes your acceptance of the modified Terms.
If you provide us with any feedback or suggestions regarding our services, you hereby assign to us all rights in such feedback and agree that we shall have the right to use and fully exploit such feedback in any manner without restriction, and without any obligation of confidentiality, attribution, or compensation to you.
If you have any questions or concerns about these Terms or our services, please get in touch with us at [email protected]. By using our services, you agree to these terms and conditions. You may NOT use our services if you do not agree to these terms.
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