Terms of Use

Your Commitment

We have done our best to keep our website a proper environment for everybody, but we cannot guarantee it. We need your help, which includes the following commitments by you:

1. You will not post unauthorized commercial communications (such as spam) in our website.
2. You will not access our website using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, in our website.
4. You will not upload or post any viruses or other malicious code or links to such software in our website or through our services.
5. You will not access a user account in our website that belongs someone else without prior permission from its owner.
6. You will not use our services to ask for passwords of any system from survey participants.
7. You will not post content that is hate speech, threatening, or pornographic, incites violence, or contains nudity or graphic or gratuitous violence.
8. You will not intentionally create surveys that target people under the age of 13 or send any surveys to people under the age of 13.
9. You will not use our services to create any survey whose main purpose is to ask people to conduct activities in another website.
10. You will not falsely represent, through your display name or your activity in our website, the organization for which you are not duly authorized to represent.
11. You will not make your survey findable through the search feature in our website if the survey collects confidential business data or personal information such as names, phone numbers, and email addresses. You agree to be solely responsible for any damage to anybody or any related law suit if you violate this commitment. If your survey is found violating this commitment, we will stop display of related questions in search results or make the survey non-searchable without notifying you of the change.
12. We are dedicated to supporting free surveys that genuinely seek opinions or feedback from people. You will not routinely use our website as a data collection tool for activities such as job reports, registration, quizzes, testing, or training that have nothing to do with opinions or feedback. Creating new accounts for the same activities is considered as routine use. Non-profit educational institutions are exempted from this commitment.
13. You will not create or send any survey containing alcohol-related, dating or other mature content (including advertisements) without appropriate measures to prevent access to your survey from the people to whom such content is prohibited according to laws in related jurisdiction.
14. You will not circumvent or attempt to circumvent any limitations that we or our website imposes on your account (such as by opening up a new account to conduct a survey that we have disabled for a violation of these Terms of Use).
15. You will not misuse our services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
16. Unless authorized by us in writing, you will not probe, scan, or test the vulnerability of our website or network.
17. Unless permitted by applicable law, you will not deny others access to or reverse engineer our services or attempt to do so.
18. Unless authorized by us in writing, you will not sell or lease our services.
19. You will not use our services to infringe the intellectual property rights of others.
20. If your use of our services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance. You will not use our services in a way that would subject us to those industry-specific regulations without obtaining our prior written agreement.
21. You will not engage in abusive or excessive usage of our services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the services for other users.
22. You will not do anything that could disable, overburden, or impair the proper working or appearance of our website, such as a malicious attack or interference with page rendering or other functionalities.
23. You will not bully, intimidate, or harass other users of our website.
24. You will not use our services to do anything unlawful, misleading, malicious, or discriminatory.
25. You will not facilitate or encourage any violations of these Terms of Use or our Privacy Policy.

Using our website indicates that you agree to all these commitments. Violation of any of them will subject your account or data to being disabled or deleted.

Ownership of Your Survey

You retain ownership of your intellectual property rights in your survey and the responses collected through your survey. We do not claim ownership over any of your survey or response data. We are only a tool that helps our users collect, analyze, and share data easily. This does not grant us any licenses or rights to your data except for the limited rights needed for us to promote and provide our services and as otherwise described in this document.

Your ownership only gives you the right to use your data in this website or elsewhere. It does not mean permanent storage or availability of your data in our website. It is your responsibility to frequently download or copy your data for permanent use.

We use artificial intelligence algorithms to analyze responses to surveys created by users and to generate information about how people view or respond to various aspects of life. Such information will be completely anonymous, and it will not be linked to any specific survey or its creator, individual survey responses, or associated participants. Your use of our services indicates that you allow us to do so about responses to the surveys you create and that you fully agree that you have no ownership of such information we generate through those activities.

Note that you do not have any ownership of the software, interface design, system design and database design that we produced and you fully agree to this.

Copyright Claims

We respond to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your content has been exploited in a way that constitutes copyright infringement in our website, you may contact us for claims of copyright infringement.

User Content

We display content such as surveys, responses, and comments created by our users. Such content is the sole responsibility of the user who creates it. You must ensure that you have all the rights and permissions used to create your content. Do not use content from a third-party's services unless you have first obtained the permission of its owner, are the owner, or are otherwise authorized by law to do so. The content you create must comply with these Terms of Use and our Privacy Policy. You agree that you are fully responsible for the content you create, including any legal matters due to your content. We are not responsible for any actions you take with respect to your content.

Review of User Content

We have no obligation to monitor or review any user-created content. However, you agree that, in order to ensure compliance with these Terms of Use and our Privacy Policy, we have the right to review user-created content to determine whether it violates these Terms of Use or whether our services are used properly. You also agree that we have the right to modify, prevent access to, disable, delete, or refuse to display user-created content for any reason.

Featured Surveys

When your survey has ended and is findable through the search feature in our website, we may feature it on the homepage if we think that it contains helpful information for the public or demonstrates proper use of our services. We may or may not notify you of such use of your survey. We may provide an appropriate picture for the survey, and we are responsible for the use of the picture. If your survey is featured and you want it to be removed, please contact us and we will remove it as quickly as possible.

Shared Surveys

When your survey is findable thorough the search feature in our website, you need to ensure that it does not contain confidential business data or personal information such as names and email addresses. If your survey is created only for the purpose of testing to see how our website works, you should not make it findable in search. You agree that we have the right to delete your survey from search results for any reason or prevent its results from being viewable in search results. If this happens to your survey, you still have full access to your survey and its results when you sign into our website.

Citation of Surveys

You have permission to cite a survey and its results created in our website in other places without prior permission. However, you are required to credit its creator (if shown in the survey) and AllCounted as the source of the information by explicitly citing the title of the survey, its creator, AllCounted, and the web link of the survey if it is available.

Your Account

If you have created an account in our website, you are responsible for safeguarding your password. You, and not us, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should contact us immediately.

We occasionally send notices to the primary email address you stored with us. Sometimes when providing support to you, we also use it to verify that you are the owner of your primary email address. It is your responsibility to keep it current and accurate. You agree that if you fail to do so, you are responsible for losing our support or access to your account and data.

You agree that we have the right to disable or delete your account for any reason without prior notices. Disabling your account will block your access to your account and the data within the account. Deleting your account will remove your account and any associated data such as surveys and responses from our website.

Use of Our Email Service

We would like to stress the proper use of our email service by users like you. If you use our email service to invite people to take your survey, you are prohibited from sending the same survey (the same list of questions) to the same email address more than twice . If you violate this term, your account will be subject to being disabled, and you may lose your data, including surveys and responses.

Backup of Your Data

You are responsible for maintaining, protecting, and routinely backing up your data. We will not be liable for any failure to store, or for loss or corruption of, your data. In addition to copy and print, you can take advantage of the various export features we provide to back up your data.

Third Party Resources

In our website, we may display the links to the websites maintained by third parties. We do not represent that we have reviewed such third party websites, and we are not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the related services are the property of their respective owners.

Legal Status

If you are an individual, you may only use our services if you have the power to form a contract with us. None of our services are intended for use by individuals under 13 years old. If you are under 13 years old or do not have the power to form a contract with us, you may not use our services. If you represent an organization when using our services, you are required to have the authority to represent it. You warrant that it is validly formed and existing under the laws of your jurisdiction of formation and that you are duly authorized to represent the organization.

Legal Compliance

You must use our services in compliance with, and only as permitted by, applicable law. You agree that you will be the only party responsible for your violation of laws and damages such violation may cause. You further agree that you will not involve us for your violation of laws in any courts.

Monitoring, Suspension or Termination

You agree that we have the right to monitor user activities in our website. We may limit, suspend, or terminate our services to you if you fail to comply with these Terms of Use. We may also suspend the services to you if we are investigating suspected violation of these Terms of Use by you. If we suspend or terminate the services you receive, we may give you advance notice and an opportunity to back up your data from our services. However, we may decide to take immediate action without any notice to you. We have no obligation to retain your account, surveys, responses, and other data upon termination of our services to you.

You agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity. If we do take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for removing your account or data from our website as a result of any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone creating data on or through our website. You waive and hold harmless us and our affiliates, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either such parties or law enforcement authorities.

Changes to the Terms of Use

We may update these Terms of Use from time to time in our sole discretion due to but not limited to changes in applicable law, updates to services, or new services or functionality. All changes are effective immediately when we post them. Your continued use of this website following the posting of updated Terms of Use means that you accept and agree to the changes. You are expected to check this document from time to time so you are aware of any changes, as they are binding on you.

Changes to Our Services

We constantly improve our services, and we may add, change, or delete functionality from a service at any time without prior notice. We may also limit, suspend, or discontinue a service at our discretion. If we discontinue a service, we may give you reasonable advance notice to provide you with an opportunity to export your data from that service. We may delete data from a service at any time in our sole discretion, although we may endeavor to notify you before we do that if it materially impacts you and if practical under the circumstances.

Data Loss or Breach

As a survey creator, you are responsible for routinely backing up your data. You may lose your data because we disable or delete your account or survey.

Though we have done our best to keep our website safe, we cannot guarantee anything. There is always a possibility of data loss or breach caused by hardware or software failures or malicious human attack. When this happens, we will assess the severity based on specific situations. We may use a backup copy of our database to recover our system. In this case, we may notify you through the primary email address you stored with us. The recovery may cause loss of your data that was created after the backup was made and may cause the data to appear again that was modified or deleted after the backup was made. In this situation, you will be responsible to review your account and take appropriate actions. We are sorry for any inconvenience that may be caused to you due to our system recovery.

You agree that in case of data loss or breach you will not sue us in any courts for any damages.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that data in our website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for reconstruction of any lost data. We will not be liable for any loss or damage caused by a malicious attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or any services or data obtained through the website or to your downloading of any material posted on the website or on any website linked to it.

Your use of our website and services or data obtained through the website is at your own risk. The website and services or data obtained through the website is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither we nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither we nor anyone associated with us represents or warrants that the website and services or data obtained through our website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our website or the system that makes it available are free of viruses or other harmful components or that the website or any services or data obtained through the website will otherwise meet your needs or expectations.

We hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation on Liability

In no event will we, our affiliates, service providers, and our and their respective officers, directors, employees, and agents be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our website, any websites linked to it, any content in the website or such other websites or any services or data obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify and hold harmless us, our affiliates, service providers, and our and their respective officers, directors, employees, and agents against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of our website and services.

Assignment

You may not assign these terms without our prior written consent, which may be withheld in our sole discretion. We may assign these terms at any time without notice to you.

Independent Contractors

The relationship between you and AllCounted, Inc. is that of independent contractors, and not legal partners, employees, or agents of each other.

Interpretation

The use of the terms "includes", "including", "such as", and similar terms, will be deemed not to limit what else might be included.

No Waiver

Our failure or delay to enforce a provision under these terms is not a waiver of our right to do so later.

Precedence

To the extent any conflict exists, future additional terms, when announced by us, will prevail over the terms in this document with respect to the services to which the additional terms apply.

Severability

If any provision of these terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.

Third Party Beneficiaries

There are no third party beneficiaries to these terms.

Governing Law and Jurisdiction

Unless otherwise specified in relation to a particular service, the services and this website are provided by, and you are contracting with, AllCounted, Inc. For any service provided by AllCounted, Inc, the following provisions will apply to any terms governing that service:

Arbitration

At our sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use or our website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to arbitration in Sussex County, Delaware in accordance with the Commercial Arbitration Rules of and by the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The decision of the arbitrators shall be final and conclusive.

Entire Agreement

These terms and our Privacy Policy constitute the entire agreement between you and us with respect to the use of our website and services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the website and services.

Language

These terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.