This is a legal document so some of the language is necessarily “legalese” but we have tried to make it as readable as possible. Please read these terms carefully before using this site. By using our services, you are agreeing to these terms. If you have entered into a separate written agreement with DSC Services, Inc. for use of the services offered via SimpleOpinions.Com, the terms and conditions of such other agreement shall prevail over any conflicting terms or conditions in these Terms of Service.
This Terms of Service (the “Terms of Service”) between you and DSC Services, Inc. (“DSC,” “we,” “us,” and/or “our”) sets forth the legally binding terms for (1) your use of the website located at SimpleOpinions.com (or any successor website), any mobile website with similar features and functionality, any related applications, services, and tools, and any services, software, and applications made available through any of the foregoing (collectively, the “Site”) and (2) your use of any mobile application designed to provide features and functionality similar to the Site (the “Application;” and together with the Site, the “Service”).
These Terms may be updated from time to time. Notice of modifications to these Terms will appear on our login page. We encourage you to refer to these Terms regularly to ensure your compliance. They are always available at https://www.SimpleOpinions.com/termsofservice.
We are providing services that are known as Software as a Service (SaaS), to researchers. At present our services comprise of self-serve survey programming platform, web hosting of surveys, augmenting research data with social data, data warehousing, emailing survey invitations and reporting and analysis of data and is referred to as “Services”.
Site interface (look, feel, visual and audio aspects), textual elements and computer code that creates the unique user experience is created by us. This is referred to as “Content”. This Content includes but is not limited to algorithms, database structures, integration of front and back end, design elements and their arrangement. This “Content” is created by DSC and is protected by copyright, intellectual property rights, Digital Millennium Copyright Act and trademarks laws.
During the course of using our Services, you would create content such as survey questions, options, multi-media files (video, audio), respondent contact information and other files. You own all rights and titles to this content. This would be referred to as “User Content” throughout this document. In addition you also own rights to analysis or reports you created using our Services. During the course of providing support we may have to access User Content. We will not sell or provide access to this information, unless we are required to do so by law. You represent and warrant that you own such User Content or otherwise have the right to grant us the license, that the User Content is not confidential and the submission, transmission, posting and use of User Content on the Site is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights). If you upload content that infringes or is alleged to infringe copyrights or trademarks of a person or entity, we would remove the infringing content until such time the dispute is resolved. You may be held legally liable for these infringements. Repeated infringement occurrence may lead to suspension of access to our Services. Uploading, creating or posting to the Site any Content considered inappropriate (hereinafter, “Inappropriate Content”) including, without limitation, any error, inaccuracy, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, racist, danger or threat contained in the content, material deemed inappropriate for minors, would be considered a violation of Terms of Service. We would remove the Inappropriate Content, suspend the account and where required by law would inform appropriate authorities.
Changes & Modifications
You agree to pay all fees for the Services according to your usage and the terms of this Agreement.
We currently do not charge a fee for our “Free and SimpleTM” plan. We reserve the right to begin charging a fee for this plan at any time and for any reason. If we decide to charge for this plan, we will provide existing customers with reasonable advance notice of any new fees and an opportunity to opt-out of the Service if they do not wish to pay such fees.
If you have enrolled in “Pro +” plan, your costs are based on number of completed surveys. We will charge your credit card on file at close of fielding or at the end of month, whichever comes first. We reserve the right to change cost/survey at any time. If we decide to change costs, we will provide existing customers with reasonable advance notice of any new costs and/or cost structure and an opportunity to opt-out of the Service if they wish to do so.
If your credit card on file is rejected by your financial institution, we will suspend your account until such time you provide either a valid credit card number or update information of existing card on file. Failure to pay any fee is a material breach of this Agreement and grounds for termination by DSC. If payment is not received by DSC from the card issuer or its agents, you agree to pay all amounts due upon demand by DSC.
Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that DSC is authorized to charge your designated card. Your card issuer’s agreement governs your use of your designated card in connection with DSC, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that DSC may (at its option) accumulate fees incurred during your monthly (or other) billing period and submit them as one or more aggregate fees during or at the end of each period, and that DSC may delay obtaining authorization from your card issuer until submission of the accumulated fee(s). This means that accumulated fees may appear on the statement you receive from your card issuer. You agree that DSC may submit charges for fees each month, year or as otherwise necessary, without further authorization from you, until you provide prior notice (in accordance with our verification procedures, as may be established by DSC from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before DSC reasonably could act on your notice.
If you believe there is an error on any invoice or charge, you must notify us in writing. Your dispute must include sufficient facts for DSC to investigate your claims and be received by DSC prior to 30 days following the date of the invoice or charge. You agree that unless we receive such notice within 30 days following the date of the invoice or charge, the invoice or charge (and its related details, including but not limited to fees, taxes, usage and services provided) is deemed conclusively accurate and you waive your right to dispute the same. All fees must be paid in the currency of the United States of America. Unless otherwise specified herein, all fees paid to DSC are COMPLETELY NON REFUNDABLE.
All information provided by you or us (“Discloser”) to the other (“Receiver”), whether orally or in writing is designated as confidential or could be reasonably understood to be confidential. That includes but is not limited to, technology, current and future designs and plans, trade secrets, agreements, intellectual information, media files (audio and/or video). Confidential information does not include information already known to Receiver before receipt from Discloser.
You agree to indemnify and hold DSC, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, consultants harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against DSC by any third party due to, or arising out of, or in connection with, your use of the Service.
Primary purpose of our Services is to offer a platform to design and host web based surveys and to provide research tools to download and/or analyze data. Use of our Services for any other purpose, including but not limited to, reverse engineer our system, making unauthorized copies of Content, uploading data with the intent of hacking, launching a denial of service attack, sharing material protected by Digital Rights Management without authorized consent, using platform to express political views, would result in violation of Terms of Service.
If you are to use our email service for sending invitations, it is imperative you only send emails to recipients who have either opted in or have formally agreed to receive emails. Senders of all emails are required to comply with Federal Trade Commission’s CAN-SPAM Act. According to FTC, “Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000, so non-compliance can be costly.” We strongly encourage you to read CANSPAM Act details by downloading it from HTTPS://WWW.FTC.GOV/TIPS-ADVICE/BUSINESS-CENTER/GUIDANCE/CAN-SPAM-ACT-COMPLIANCE-GUIDE-BUSINESS. You agree to pay any fines or penalties that DSC may incur resulting from abuse of email Service including, without limitations, violation of CANSPAM Act, resulting from your actions.
Links to Third Parties
There are links on our Sites that will allow you to leave our Site and transfer to sites that are not under the control of DSC. The privacy and security policies of these external sites may differ from those practiced by DSC. DSC is not responsible for the contents of any linked site or any links contained in a linked site, or any changes or updates to such sites. DSC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DSC of the external site. We encourage you to read the policies of these external sites and know your rights.
Notwithstanding anything to the contrary in this Agreement, you agree that DSC may publicly disclose that we are providing (or have previously provided) the Services to you as our customer and may include your company name, trademarks and logo in advertising and promotional materials including but not limited to press releases, case studies, and publication on the web. You grant us these rights perpetually, irrevocably, and free of charge.
We try to make the Site available 24 hours a day, 7 days a week. However interruptions can occur that may render Site temporarily unavailable. You acknowledge that you are made aware of the possible interruptions and availability of Site from time to time. Under no circumstances DSC will be held liable for any damages due to such interruptions.
When you create an Account with DSC, you will also be asked to input account login information. You are entirely responsible for maintaining the confidentiality of such login information. We recommend you use a strong password and protect this password. You agree not to use the account login information of any other user or to disclose your account login information to any third party. You agree to notify DSC immediately if you suspect any unauthorized use of your Account or any other breach of security within the Services. You are solely responsible for any and all use of your Account, and DSC will not be liable for your losses caused by any unauthorized use of your Account. If you use a password that DSC considers insecure, DSC is entitled to require the password to be changed and/or terminate your account.
At present DSC does not collect any taxes on the Services. However you might be liable for use or value added taxes based on your locale. We encourage you to research with your local city, state, federal or other forms of taxing authorities to determine your obligations for consuming services classified as Software as a Service (SaaS).
DSC AND ITS AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SERVICES, DATA COMPILED/DOWNLOADED FROM SITE, ACCURACY OF CONTENT, OR THE CUSTOM SERVICES FOR ANY PURPOSE. OUR SITE, PHONE APPS AND/OR API MAY NOT BE AVAILABLE AT ALL TIMES. DSC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SERVICES INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT DSC AND OUR AFFILIATES AND AGENTS MAKE NO DIRECT WARRANTY OF ANY KIND TO YOU UNDER THIS AGREEMENT. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
Limitation of Liability
IN NO EVENT WILL DSC AND ITS AFFILIATES AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF DSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DSC’S LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF FIVE HUNDRED DOLLARS OR THE AMOUNT YOU HAVE ACTUALLY PAID FOR THE SERVICES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
DSC may in its sole discretion, without notice, suspend your access to Services, if we determine you have violated Terms of Service, your use of Service in any way is in violation of applicable local, state, federal or foreign laws or for non-payment of amount past due. DSC may also block future access to Services, including revoking logins and passwords.
These Terms of Service constitute the entire agreement between you and DSC and govern your use of the Services, superseding any prior agreements between you and us with respect to the Service. The failure of DSC to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. This Terms of Service does not create third party beneficiary rights enforceable by any third party. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in this Terms of Service are for convenience only and have no legal or contractual effect.
Notice for California Users
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to SurveyHelp@SimpleOpinions.com. You may also contact us by writing to DSC Services, Survey Help Manager, 29219 Canwood St., Suite 105, Agoura Hills, CA 91301, or by calling us at (805) 495-5128. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1180 Durfee Ave., Suite 125, South El Monte, CA 91733, or by telephone at 1-(626) 575-7037.