Preamble

enuvo Ltd liab. Co - designated as "enuvo" in the following - operates the service "eSurvey Creator" (respectively Enquêtes Maken, KyselyNetti, Online Anketler, Online Encuesta, Online Pesquisa, Online Undersøgelse, Online Undersøkelse, Sondage Online, Sondaggio Online, Umfrage Online, WebbEnkäter). The service eSurvey Creator is a web-based service which enables the eSurvey Creator customer - designated as the "customer" in the following - to create and carry out Internet-based online surveys.

Subject of the Conditions

enuvo provides its service solely on the basis of these conditions - regardless whether it is free of charge or subject to charge. Other General and Special Terms and Conditions from enuvo and the customer do not apply.

Beginning of Contract and Contract Requirements

The use of the service requires the customer to register in advance with eSurvey Creator. enuvo reserves the right to reject the completion of a contract in individual cases. The customer’s personal details must correspond to the truth.

Specification of services

The customer obtains the right to use the service according to his/her selected rate in conjunction with the specification of services / price list in compliance with the respective technical and operational possibilities. The design, structure, and scope of the functions of the service, in particular the visual presentation of the content, are solely at the discretion of enuvo. The customer is not entitled to exert influence on this, unless a different agreement has been reached. enuvo is authorized to put its insignia on the services as well as the questionnaires created or mark them with other notices and advertisements. It is only possible to replace or remove these with an individual agreement.

Obligations of the user

  1. The customer is not permitted to make his/her user account accessible to third parties.
  2. The customer must keep his/her access data and personal password in a safe place to prevent third party access.
  3. The customer must change the password in regular intervals for security reasons. He/she may change the password online anytime. If the customer suspects that a third party has knowledge of the password, he/she must change it immediately.
  4. If enuvo has a reasonable suspicion that the customer’s access data have been used without authorization by a third party, enuvo has the right to block his/her access. In such cases, the customer will be provided new access data by enuvo.
  5. According to paragraphs (1) - (4), the term third party does not pertain to co-workers of customers, who are corporate bodies or public facilities. However, in such cases the customer must be aware that only co-workers who are needed to carry out the customer’s tasks gain knowledge of the access data.
  6. The customer may only use the service for its intended purpose - conducting surveys - and not in any other unconventional matter. Above all, he/she may not abuse the service, e.g. to send advertisement e-mails (spamming) or junk mails.
  7. The customer pledges not to publish any content which could become a public nuisance and offend against common decency. In particular, he/she pledges not to add any sexually offensive, racist, radical and inhuman or contemptuous content.
  8. The customer must immediately notify enuvo of any changes of data relevant to enuvo, such as changes to his/her address, power of representation, and other incidents.
  9. If the customer violates his/her obligations, enuvo has the right to remove the content from the Internet without a warning and at the expense of the customer and terminate the contract without previous notice.
  10. The customer must make sure that the infrastructure of the service is not overcharged by excessive usage. Excessive usage generally occurs when questionnaires from one customer are accessed more than 3’000 times per day. In such a case, the customer has to solicit a special offer from the provider (enuvo).

Termination of Contract

  1. The contract must be terminated in writing – by e-mail, fax or letter – or can be terminated directly on eSurvey Creator.
  2. Both parties reserve the right to extraordinary notice of cancellation. In either case, enuvo has a right to extraordinary notice of cancellation, if the customer violates these conditions or other application conditions of use from enuvo.
  3. enuvo is authorized to discontinue services for which the customer does not pay a user fee anytime without prior notice or offer such services for a fee.

Deleting questionnaires, addresses, survey results, etc.

Thirty days after the expiration of the contract, enuvo has the right to irrevocably delete all data provided by the customer, including the questionnaires, survey participants and survey results without prior notification.

Availability, data storage and support

  1. enuvo generally provides the service without interruptions. However, enuvo cannot guarantee that the service is continuously available and functions without restrictions. It also cannot be ruled out that delays and interferences take place while providing the services due to incidents and circumstances, which are beyond the influence of enuvo, e.g. availability of the World Wide Web or of the Hosting, which is provided by a Hosting-Company (third-party).
  2. Disruptions for which enuvo is not liable as well as disruptions due to maintenance work, etc. do not lead to a right to cancel or claims for damage on behalf of the customer.
  3. enuvo secures the data as follows: once per night. The customer is obligated to regularly save all questionnaires, address indexes and survey results created by him/her and in appropriate time intervals by downloading them. enuvo reminds the customer that data can be lost even when saved properly. The customer is thus obligated to regularly save data such as survey results and addresses by downloading them.
  4. enuvo's scope of services does not provide support for this because it is self-explanatory and context-specific assistance is available online.

Guarantee

  1. During the duration of the contract enuvo guarantees that the service provided by enuvo fulfils the functions agreed upon. However, a prerequisite for the guarantee is that the service issued in compliance with the contract.
  2. If reproducible errors occur during the guarantee period, the customer must notify enuvo of the observed malfunctions in writing and precisely specify the defective parts of the service and enuvo will correct the malfunctions. The specifications on the troubleshooting list, which enuvo provides the customer via e-mail when necessary, must be taken into account. On request, the customer must also provide enuvo the data he/she has used which have led to the malfunction and cooperate adequately with enuvo in analyzing and correcting the malfunction free of charge incompliance with the contract. enuvo may correct the malfunction the way in which it deems appropriate.
  3. The contracting parties agree that even with state-of-the-art technology it is not possible to create software that works faultlessly under all conditions of application. The customer can inquire on the homepage of the service which browser and operating systems the service has been optimized for at a given point in time. No guarantee can be made to the customer that the service will function with other browsers and operating systems. enuvo has the right to modify these system requirements without notification. These modifications do not substantiate a reason for cancellation.
  4. The customer is not entitled to have an error corrected when the error is not reproducible or cannot be displayed as automated data. Moreover, the guarantee does not apply in cases in which it cannot be proven that enuvo is liable for a certain malfunction. Minor errors which do not or only insignificantly impair the usability of the service do not have to be corrected by enuvo. Such minor errors also do not substantiate a reduction of the user fee or a withdrawal from the contract.
  5. If expenditures arise due to the notification of defects, which are not based on malfunctions in the services provided by enuvo, the customer will compensate enuvo for the resulting costs on a time and material basis in accordance with the currently valid price list from enuvo.
  6. In the case of a guarantee or liability claim to enuvo, the contributory negligence of the customer must be considered accordingly, in particular in the case of insufficient problem reports or insufficient data storage.
  7. enuvo must correct errors within an appropriate timeframe after having received the written error report.

Liability

  1. The customer is obligated to immediately report damages and losses, for which enuvo must cover the expenses, to enuvo in writing or have them recorded by enuvo.
  2. enuvo is only liable for supplying data when it deliberately caused their loss or due to gross negligence and when the data can be reconstructed from data material which is available in machine-readable from and within a justifiable timeframe. Further claims for damage on behalf of the customer are ruled out. A similar regulation holds for cases in which flawed survey results were produced due to technical problems.
  3. enuvo is not liable or responsible for whether the questionnaire designed by the customer is suitable to fulfil the purpose the customer desires. enuvo also does not guarantee that the survey will lead to the desired success and number of survey participants.

User fee

The general usage of this service is free at the moment. enuvo does however also offer advanced, fee-based products that can be purchased and used by the customer. enuvo is authorized to change these conditions at any time.

Right of revocation

A customer who has booked and paid a fee-based product from enuvo has the right to revoke from the purchase within 10 days from receipt of the payment, provided that the purchased product has not already been consumed. The customer must notify enuvo in writing (Email, Letter, etc.) within the specified period. It is up to the customer to prove that their notification was sent and received within deadline. The cost of reimbursement as well as a proportionate handling fee will be charged to the customer.

A product is considered to be consumed, if at least one survey of the customer that benefits from the purchased product has collected at least one answer.

Legal reliability

The customer is only responsible for the legal reliability of the questionnaires designed by him/her and their content. The customer assumes responsibility for the compliance with legal regulations, in particular data protection, copyrights, competition regulations and ancillary rights while dealing with posted images, acoustic and film recordings (media) as well as other documents and materials and immediately indemnifies enuvo and its partners from any claims for damage due to the violation of these rights, as long as enuvo is not at fault.

General Information

The customer can only convey rights from the treaty completed on the basis of these conditions with the written consent of enuvo. enuvo is authorized to call on or mandate third parties to fulfil its obligations. Furthermore, enuvo is entitled to use its customers copyrighted and/or trademarked corporate logo as reference.

The place of jurisdiction and fulfilment is Zurich, Switzerland. The laws of the Federal Republic of Switzerland apply to all legal relations arranged in the contract on the basis of these conditions.

Zurich, 07.05.2014