BY CLICKING “I AGREE” OR BY USING OUR ONLINE SERVICES (HEREINAFTER REFERRED TO AS THE “SERVICES”), YOU ARE AGREEING TO THE TERMS SET FORTH BELOW. YOU (HEREINAFTER REFERRED TO AS THE “CUSTOMER” OR “YOU”) WILL ON THIS DAY ENTER INTO AN AGREEMENT (THE “AGREEMENT”) WITH SURVEYPIRATE AB, REGISTRATION NO. 556760-4730, A COMPANY DULY INCORPORATED AND ORGANISED UNDER THE LAWS OF SWEDEN, HAVING ITS PRINCIPAL OFFICE AT SVEAVÄGEN 20, 6TR, SE-111 57 STOCKHOLM, SWEDEN (HEREINAFTER REFERRED TO AS “SURVEYPIRATE”). CLICKING “I AGREE” OR USING THE SERVICES CONSTITUTES YOUR LEGALLY BINDING SIGNATURE. USING THE SERVICES IS OPTIONAL. YOU SHOULD EXIT NOW IF YOU DISAGREE WITH ANY OF THE TERMS CONTAINED IN THIS AGREEMENT.

  1. THE SERVICES
    1. The Services, made available to You upon agreeing to the terms herein, comprise [access to certain specialised computer software and online or electronic documentation.]
    2. The Services will enable You to perform online market surveys and other customer surveys, by using SurveyPirate's online automated survey tool application.
    3. The use by You of the Services is free of charge.
  2. CUSTOMER ACCOUNT AND SECURITY
    1. You will receive a password and account designation upon completing the Service's registration process.
    2. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
    3. You agree to (a) immediately notify SurveyPirate of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SurveyPirate cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
  3. CUSTOMER CONDUCT
    1. You understand and hereby agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (hereinafter referred to as "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originate. This implies, inter alia, that You are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through or in connection with your use of the Services.
    2. SurveyPirate does not control and/or assess any Content uploaded, transmitted or otherwise made available through or in connection with the use of the Services and does not, in any way, guarantee the accuracy, integrity or quality of such Content. You understand and hereby agree that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. SurveyPirate will, under no circumstances, assume any liability and/or responsibility in any way for any Content, including, without limitation, any errors or omissions in any Content.
    3. You hereby agree not to, or attempt to, in any way, damage, deny service to, hack, crack, reverse-engineer, copy or otherwise interfere with the Services and the systems, software and applications comprised thereby. You also agree not to make any attempt to obtain the source code of any of the systems, software and applications comprised by the Services or in any other way whatsoever create or permit others to attempt to create, by reverse compiling or disassembling or otherwise, any part of the systems, software and applications comprised by the Services. Should You do, or attempt to do, so You will be liable, and hereby agree to pay all damages incurred by SurveyPirate, including any consequential damages.
    4. Without limiting the generality of the foregoing, You hereby, specifically not use the Service to:
      1. upload, post, email, transmit, distribute or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
      2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
      3. upload, post, email, transmit, distribute or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
      4. upload, post, email, transmit, distribute or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
      5. upload, post, email, transmit, distribute or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
      6. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
      7. intentionally or unintentionally violate any applicable local, state, national or international law.
    5. SurveyPirate expressly reserves the right to, in its sole discretion, terminate and refuse your use of the Services and/or access to the system and information included therein, in hole or in part. All Customers, including You, agree that SurveyPirate may block its IP address or addresses at any time, and at SurveyPirate's sole discretion, thereby disallowing any continued use of the Services.
    6. You are hereby informed and agree that, any breach by you of your obligations under this Agreement, relieves SurveyPirate of any of its contractual or other legal obligations to you, whether contained in this Agreement, in any other agreement or document or otherwise.
  4. PROPRIETARY OF RIGHTS ETC.
    1. It is hereby agreed that any and all rights relating to the Services and the systems, software and applications comprised thereby is and shall remain the sole property of and proprietary to SurveyPirate (and/or other entity in the same group as SurveyPirate). Nothing in the Agreement shall alter these rights and no title to or ownership of the Services and the systems, software and applications comprised thereby is transferred to the Customer.
    2. You that the rightsunder the Agreement only provide the Youright of limited use of the Services and the systems, software and applications comprised thereby, on the terms and conditions of the Agreement.
  5. COMPLIANCE WITH LAWS ETC.
    1. The parties hereby acknowledge that the use of the Services may involve the management of personal data regarding private individuals.
    2. You are solely and entirely responsible to ensure your compliance with applicable legislation in this regard.
  6. LIMITATION OF LIABILITY
    1. The information, software, products, and services included in or available through the Services and the systems, software and applications comprised thereby, may include inaccuracies or errors of any kind. SurveyPirate make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services, designs and graphics contained within the Services and the systems, software and applications comprised thereby for any purpose.
    2. All such information, software, products, services, designs and graphics within the Services and the systems, software and applications comprised thereby, are provided "as is" without warranty of any kind. SurveyPirate hereby expressly disclaims any and all warranties and conditions with regard to such information, software, products, services, designs and graphics within the Services and the systems, software and applications comprised thereby, including (without limitation) all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
    3. You specifically agree that SurveyPirate shall not be responsible for any unauthorized use of and/or access to and/or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Services.
    4. You also agree that SurveyPirate is not responsible or liable for any Content (as defined above) of any other party or any infringement of another's rights, including intellectual property rights.
    5. In no event shall SurveyPirate be liable for any damages, whether direct, indirect, punitive, incidental, special, consequential damages or otherwise, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Services, with the delay or inability to use the Services or related services, the provision of or failure to provide the Services, or for any information, software, products, services and designs and graphics obtained through the Services, or otherwise arising out of the use of the Services, whether based on contract, tort, negligence, strict liability or otherwise, even if SurveyPirate has been advised of the possibility of damages.
  7. MISCELLANEOUS
    1. Links to other Web Sites
      SurveyPirate's web site may contain links to other web sites. SurveyPirate is not responsible for the content, accuracy, or opinions expressed in such web sites, and such web sites are not investigated, monitored, or checked for accuracy or completeness by SurveyPirate. Inclusion of any linked web site does not imply approval or endorsement of the linked web site by SurveyPirate.
    2. Severability
      If any of the terms and provisions of the Agreement are declared void, invalid or unenforceable, this shall not invalidate or affect the rest of the Agreement which shall remain in full force and effect as if such invalidated or unenforceable terms or provisions had not been made part of the Agreement.
    3. No waiver
      The failure by SurveyPirate to exercise any of its rights under this Agreement or to require the performance of any term or provision of this Agreement, or the waiver by SurveyPirate of such breach of the Agreement, shall not prevent a subsequent exercise or enforcement of such right or be deemed a waiver of any subsequent breach of the same or any other term or provision of the Agreement
    4. Governing law and Disputes
      1. This Agreement and/or the contractual relationship between You and SurveyPirate shall be governed by and construed in accordance with laws of Sweden, without reference to its conflict of laws.
      2. You hereby submit to the non-exclusive jurisdiction of the courts of Sweden for the purpose of any action or proceeding arising out of or in connection with this Agreement and/or the contractual relationship between You and SurveyPirate. The court of first instance shall, regardless of which party who initiates the proceedings and regardless of the nature of the claims involved, be the City Court of Stockholm (Swe: Stockholms tingsrätt).
      3. Notwithstanding any of the foregoing, nothing in the Agreement shall affect the right of SurveyPirate to serve legal process in any other manner permitted by law or limit the right of SurveyPirate to bring any action or proceeding against the You in the courts of other jurisdictions.