XenSurvey Terms of Service
By using the XenSurvey Cloud application (“Service”), a service of Xencode, Inc. (“Xencode”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Xencode reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://support.xensurvey.com.
Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.
1. Account Terms
a) You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
b) Your XenSurvey subscription has a limitation on the number of people who may use the account, as follows:
- Starter Edition – This plan is restricted to one (1) user. It is not permitted to share a single set of login credentials between multiple people.
- Personal Edition – This plan is restricted to one (1) user. It is not permitted to share a single set of login credentials between multiple people.
- Professional Edition – This plan is restricted to one (1) user. It is not permitted to share a single set of login credentials between multiple people.
- Enterprise Edition – This plan allows an unlimited number of users, each with their own set of credentials administered by a master (admin) account.
Abuse of the user limits is a violation of the Terms of Service and will result is your account being terminated.
c) You are responsible for maintaining the security of your account and password. Xencode cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
d) You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
2. Payment, Refunds, Upgrading and Downgrading Terms
a) When you sign up for a Starter, Personal, Professional or Enterprise subscription plan (“plan”), you may choose whether to be billed monthly or quarterly. Plan pricing is set forth at http://www.xensurvey.com/pricing.
b) A valid credit card is required for all plans.
c) The Service is billed in advance on a monthly or quarterly basis (“Billing Date”) and is non-refundable. There will be no refunds or credits for partial months/quarters of service, upgrade/downgrade refunds, or refunds for months/quarters unused with an open account. In order to treat everyone equally, no exceptions will be made.
d) All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
e) For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
f) Downgrading your Service may cause the loss of features of your Account including but not limited to the number of devices supported. Xencode does not accept any liability for such loss.
g) If we do not receive the full Service subscription payment within 15 days of the Billing Date your account will be suspended until full payment is received.
3. Cancellation and Termination
a) You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
b) All of your data will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
c) If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
d) Xencode, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Xencode service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all data in your Account. Xencode reserves the right to refuse service to anyone for any reason at any time.
4. Modifications to the Service and Prices
a) Xencode 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.
b) Prices of all Services, including but not limited to monthly and quarterly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Xensurvey web site (http://www.xensurvey.com) or the Service itself.
c) Xencode shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
5. Copyright and Content Ownership
The look and feel of the Service is copyright of Xencode, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Xencode.
6. General Conditions
a) Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
b) Technical support is only provided to paying subscribers and is only available via email or the support site (http://support.xensurvey.com) using the ticket submission system.
c) You understand that Xencode uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
d) You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Xencode, or any other Xencode service.
e) 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 written permission by Xencode.
f) Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Xencode customer, employee, member, or officer will result in immediate account termination.
g) You understand that the technical processing and transmission of the Service, including your data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
h) Xencode does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
i) You expressly understand and agree that Xencode shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Xencode has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
7. API Terms
Customers may submit data to their XenSurvey account via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses XenSurvey, is bound by the terms of this agreement plus the following specific terms:
a) You expressly understand and agree that Xencode shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Xencode has been advised of the possibility of such damages), resulting from your use of the API or third-party products that submit or access data via the API.
b) Abuse or excessively frequent requests to XenSurvey via the API may result in the temporary or permanent suspension of your account's access to the API. Xencode, in its sole discretion, will determine abuse or excessive usage of the API. Xencode will make a reasonable attempt via email to warn the account owner prior to suspension.
c) Xencode reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
The failure of Xencode to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Xencode and govern your use of the Service, superseding any prior agreements between you and Xencode (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to support [at] xencode [dot com].