Terms, conditions of use and contracting
Thank you for using the products, services, web pages and applications of Webdata Solutions, SLU, whose commercial name is Databis and henceforth will be like this and that is the owner of the domains mainsurvey.es, manisurvey.net, mainsurvey.cat and mainsurvey.eu (hereinafter all of them MainSurvey).
If you will use the Services on behalf of an organization, you agree to these Terms on behalf of that organization and represent that you have the discretion to do so. In that case, "you" and "your" will refer to that organization.
1. Rates and payments
1.1. Rates for services
Some of our Services are billed on a subscription basis (we call them "Subscriptions"). This means that you will be billed for the service in advance and on a recurring and periodic basis (each period is called a "billing cycle"). Billing cycles are generally monthly or yearly, depending on the subscription plan you have selected when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel the automatic renewal through your online account management page or by contacting our customer service team. Although we will regret to see you go, you have the right to cancel the automatic renewal of your Subscription at any time. In such event, your Subscription will continue until the end of that billing cycle prior to cancellation. You may cancel the automatic renewal of your Subscription at any time before the start of the new cycle.
Databis offers a free account that you can use to test our Mainsurvey services, the first month of any of the plans being totally free and you can upgrade to any of the paid plans At any time, if the plan you want to subscribe to is higher than the plan contracted at that time, you will be charged the proportional part corresponding to that subscription and discounting the proportional part of the subscription to date. In the event that the change plan is lower than the contracted plan, you will remain with all the rights of said plan and will be updated in the next billing cycle.
The prices listed do not include taxes, levies, duties, or other similar government contributions of any nature, such as value added taxes, sales, use or withholding taxes, which any jurisdiction may apply (collectively referred to as "Taxes"), unless otherwise stated. You are responsible for paying all taxes associated with your purchase and for keeping your billing information up to date.
1.4. Price change
Databis may change the fees charged for the Services at any time; however, for Services billed by subscription, the change will take effect only at the end of the current billing cycle of your Subscription. Databis will send you advance notice of any rate changes, in order to give you the opportunity to cancel your Subscription before the change takes effect.
1.5. Surplus rates
Except as otherwise noted, any overage fees you incur will be billed to you at the time you request the service. The service may not be used and will be restricted by the conditions of your plan until the payment of said excess.
2.1. Legislative framework
Databis will store and process your Content in a manner consistent with industry security standards. Databis has implemented appropriate technical, organizational and administrative systems, policies and procedures designed to help ensure the security, integrity and confidentiality of your Content and to mitigate the risks of unauthorized access or use.
If Databis becomes aware of unauthorized or illegal access or an acquisition, alteration, use, disclosure or destruction of personal data in relation to your account (a "Security Incident"), Databis will take the necessary steps to notify you without delay, within 72 hours of becoming aware of this Security Incident. Likewise, Databis will reasonably cooperate with you in any investigation related to a Security Incident in the preparation of any required notification, and will provide you with any other information that you reasonably request in relation to said Security Incident, when such information is no longer available to you in your account or online through updates provided by Mainsurvey.
3. Your content
3.1. You will retain ownership of your Content
Databis will not be responsible for any action you may take with respect to its Content, including its public disclosure.
Databis respects the intellectual property rights of others and we expect our users to do the same. If you believe that a Mainsurvey user is infringing your intellectual property rights, you can report this by sending an email to firstname.lastname@example.org.
If you send us comments or suggestions about our Services, we may use and share them for any purpose without compensation or obligation to you.
3.2. Client list
Mainsurvey and as a consequence all the pages belonging to Databis, may identify you (by your name and logo) as a customer of the Services provided, on the Mainsurvey website or Databis, as in any other promotional material. Any goodwill arising from the use of your name and logo will be in your best interest.
3.3. Content Review
4. Account management
4.1. Keep your password protected
If Mainsurvey has granted you an account in connection with the use of the platform, you are responsible for protecting your password, as well as the other credentials used to access that account. You (and not Databis) are responsible for any activity carried out through your account (except for activity under the direct responsibility of Databis that is not carried out in accordance with your instructions), regardless of whether or not you have authorized such activity. If you become aware of any unauthorized access to your account, you must immediately notify Mainsurvey. Accounts cannot be shared and each account can only be used by one person.
4.2. Keep data up to date
On occasion, Mainsurvey or Databis sends notifications to the email address registered with your account. Your email address and, where applicable, your contact details and payment information associated with your account must be correct and current.
You have the responsibility to maintain, protect, and back up your Content. To the extent permitted by applicable law, Databis assumes no responsibility for the inability to store your Content, or for its loss or corruption.
4.4. Account inactivity
Mainsurvey may cancel your account and delete all its content in the event of no activity (such as a login or payment) for more than 12 months. However, we will attempt to notify you by email before canceling your account to give you the opportunity to log in and thus keep your account active.
5. User conduct on Mainsurvey
5.1. Legal compliance
You declare and guarantee that you will comply with the laws and provisions concerning your use of the services provided on the Mainsurvey platform, making a lawful, diligent, honest and correct use of any information or content they have access through Mainsurvey, and all this under the principles of good faith and respecting at all times the current legislation and these Terms and Conditions.
5.2. Your responsibilities
You are responsible for your conduct, your Content, and communications with others while using Mainsurvey. Databis reserves the right to disable your account or disable its contents in the event that the platform is used for inappropriate or illegal practices. You must meet the following requirements when using Mainsurvey:
- You will not be able to register or communicate data that is not true, exact, complete and / or updated, or access Mainsurvey using the name, identification data or password of another User or impersonate any person or identity and You may not use "bots" or other automated methods to register accounts.
- You will not use Mainsurvey for fraudulent purposes, or related to criminal offenses or illicit activities of any kind.
- You may not purchase or use Mainsurvey or access them for the purpose of creating a competing product or service, or for any other competitive purpose.
- You may not use Mainsurvey improperly, which includes interfering with their normal operation or attempting to access them through a method other than the interfaces and instructions provided by us.
- You may not use Mainsurvey to send surveys to children under 14 years of age.
- You must not circumvent or attempt to circumvent any limitation imposed by Mainsurvey on your account.
- Unless Databis expressly authorizes you, you may not assess, scan, or test the vulnerability of any of Mainsurvey systems or networks.
- Unless Databis expressly authorizes you, you may not use any manual or automated system or software to extract or obtain data from the websites or other interfaces that we use to provide our Services.
- Except as permitted by applicable law, you may not deny access to Mainsurvey to other people, or reverse engineer such said platform, or attempt to do so.
- You must not use Mainsurvey to transmit viruses, malware or any other type of malicious software, or links to the foregoing.
- You may not use Mainsurvey to infringe the intellectual property rights of third parties, or to commit a crime.
- Unless Databis expressly authorizes you, you may not resell or lease services provided by Mainsurvey.
- If your use of Mainsurvey requires you to comply with the specific industry regulations that apply to such use, you are solely responsible for such compliance, unless Datbis has agreed otherwise with you. You may not use Mainsurvey in any way that would make Databis subject to specific industry regulations without obtaining the prior express consent of Databis.
- The User understands that Mainsurvey hosts surveys and is not the issuer or author of said surveys, and that, therefore, the User is solely responsible for the emails sent with the system through the Mainsurvey shipping manager, with the exception of those that are written and sent exresamente from Mainsurvey or Databis accounts due to service needs.
- You are responsible for sending surveys to third parties that are made through Mainsurvey or using the links that Mainsurvey enables for this purpose.
6. Responsibility of Databis
The information, software, products, and services available or included in Mainsurvey may include inaccuracies or typographical errors, so Databis reserves the right to make changes and improvements on a regular basis.
The User specifically agrees that Databis will not be responsible for unauthorized access or alteration of its transmissions or data, of any material or data sent or received or not sent or received, or any transaction that has entered via Mainsurvey. Likewise, the User specifically agrees that Databis is not responsible for any threat, content or defamatory, obscene, offensive or illegal conduct of any other party or any infringement of other rights of another person, including the rights of Intellectual and / or Industrial Property, if applicable. The User specifically agrees that Databis is not responsible for any content sent and / or included in the Website or service of Mainsurvey or of any third party.
Due to the nature of the Internet in general and interactive services in particular, Databis makes no warranty or commitment that your use of Mainsurvey will be free from interruptions or errors, and Databis will have no responsibility or liability related to communications or network defects, delays or failures (whether temporary or not) while using Mainsurvey. In this sense, Databis undertakes to maintain the highest levels of quality of the Service offered through Mainsurvey to the best of its ability, without prejudice to the foregoing.
The User acknowledges that he must use his own ability and his criteria when using the Service and that he uses it, under his responsibility. In turn, the User will be responsible for the use of the data obtained through Mainsurvey.
By clicking on certain links on this Website, the User can go to other sites and Databis will have no responsibility or obligation of any kind regarding the accuracy or content of any information or other aspect of said sites.
Databis is not responsible for the compatibility of the tool with other programs and applications used by the user.
Databis and its suppliers are not responsible for the convenience, reliability, availability, timeliness, viruses or other harmful components, or the accuracy of the information, software, products, services and graphics contained within < strong> Mainsurvey for the provision of the Survey Service for any purpose. All information, software, products, services and graphics are provided as is without warranty of any kind.
7. Engagement, price and form
The User may contract, upon acceptance of these Contract Terms and Conditions, the Services offered by Mainsurvey, the right of withdrawal is not applicable according to exception a) of Article 103 of the General Law for the Defense of Consumers and Users. Even though the right of withdrawal is not applicable, Databis may accept, at its sole discretion, the cancellation of the service within a period of 10 days from the date of contracting.
The engagement of the Mainsurvey Service by the user obliges the user to make payments for such Service under the conditions established in Mainsurvey.
The payment method for contracting the services will be through credit card.
The User agrees to pay all the charges applied according to these Terms and Conditions, including any applicable tax or charge by any Public Administration. Databis reserves the right to change the prices of the Service at any time, always for the next renewal of the contract (which can be monthly or annually as chosen by the client), always with 15 prior notice days before the renewal date, and the User agrees to provide correct information about the company, entity or person that hires the Service.
Users are guaranteed that the payment process is carried out with absolute security, in accordance with the required security protocols and services.
The User must notify Databis of any undue or fraudulent charge on the credit or debit card used for purchases, by sending an incident through the options enabled on the user's own platform or by sending an email to the email address email@example.com, in the shortest time possible so that Databis can take the necessary steps.
To ensure uninterrupted service, we will automatically bill you for Premium Services from the date you submit your initial payment and at each subsequent renewal period until cancellation. Your renewal period will be the same in time for the renewal period of your current subscription. For example, if you are on a monthly subscription plan, each billable renewal period will be one month. We will automatically charge you the applicable amount using the payment method you have on file with us. You can disable automatic renewal at any time through the Mainsurvey Administration section of your account, "My Account". If there is a problem with the payment of services, your account could be canceled according to what is stipulated in the Suspension and cancellation of services section.
All prices of the services that are indicated through the Website are expressed in Euros and do not include applicable taxes that may correspond. The prices are those indicated on the page mainsurvey.net/en/rates. The final price of the Premium Services can be seen on the purchase page, before the payment is completed.
Databis, through the Mainsurvey platform, will send you, once these Terms and Conditions of Contract have been expressly accepted and payment has been made, justification of the contract made, with all its terms, via telematics.
The user can consult the invoice issued by Databis via the web through the options prepared for this service in their account profile, this method being the only way to receive the invoice.
8. Suspension and cancellation of services
8.1. Cancellation of the contract by the customer
You can cancel your Subscription and delete your account at any time through your account administration page. If you cancel a Subscription in the middle of the billing cycle, you will not receive a refund and will be able to access your account until the next billing cycle. Such cancellation and elimination will deactivate or disable your account, and you will not be able to access it from the next billing cycle, for example, if you cancel your account on the 25th of a month, with your monthly billing cycle being the 18th of each month, from the 18th of the next month (billing cycle) you will not be able to access your account.
8.2. Account suspension by Databis
Databis may cancel your Subscription at the end of a billing cycle by notifying you in writing, via email, at least 30 days in advance. Databis may cancel your Subscription for any reason by notifying you in writing at least 90 days in advance and will grant you a pro-rated refund for the period that you did not use during that billing cycle if it is annual. Databis may suspend the operation of your Subscription or cancel it for any of the following reasons: (a) you have substantially breached these Terms and you have not remedied that breach within 30 days after Databis has notified you in writing; (b) you have discontinued your business operations or are subject to insolvency proceedings and the proceedings do not cease within 90 days; or (c) you have not paid the fees for more than 30 days after the due date. Likewise, Databis may limit, suspend or cancel the Services it provides you in the following cases: (i) if you do not comply with these Terms; (ii) if you use the Services in a way that creates legal liability for us or affects the use of the Services by third parties; or (iii) if we are investigating suspicious conduct on your part. In addition, if we limit, suspend or cancel the Services you receive, depending on the reason, we will do our best to notify you in advance and give you the opportunity to export a copy of your Content from said Service. However, there may be urgent situations in which Databis may decide that we must take immediate action without prior notice. Databis will use commercially reasonable efforts to reduce the scope and duration of any limitation or suspension in accordance with the provisions of this Section as necessary to resolve the event that led to such action. Databis has no obligation to retain your Content after termination of the corresponding Service.
8.3. Deletion of data due to cancellation or suspension of the account
Thirty days after account cancellation or suspension, Databis reserves the right to irrevocably delete all customer-supplied data, including questionnaires, survey participants, and survey results. and other existing administrator and creator accounts for the account without prior notification.
9. Assignment or resale of the contract and change of circumstances
The User may not resell, assign or transmit in any way the contracting of the Service, nor the rights derived from it. Any resale, assignment or transmission by the User of the Contract of the Service or of his rights will be void against Databis, and will constitute an automatic and immediate cause of contractual termination for which his account will be suspended immediately not having the right to any refund, even if the billing cycle had not been completed.
10. Platform modification
In an effort to constantly improve Mainsurvey, Databis reserves the right to modify any aspect of the Mainsurvey survey platform without prior notice, although In each update of Mainsurvey the notification to the users of the changes will be guaranteed.
11. Disclaimers and limitation of liability
You agree that you understand and accept that your use of Mainsurvey, our services and products, is done at your own risk and that Mainsurvey, its services and products are provided "as is. "and" according to availability. You understand and agree that Databis is not responsible for the availability and / or functionality of any third-party website or the material that you may access through the Mainsurvey website.
Positive user experience is our utmost dedication and we are happy to please our customers, but there are certain promises that we cannot make in connection with the Services. Although we try to keep our online services always available, but they may be inaccessible at some point for different reasons. Except as stated in these terms, and as long as it is permitted by applicable law, the services and all related guidance or recommendations are provided "in their current condition" and Mainsurvey does not offers guarantees of any kind, explicit, implicit, statutory or of another nature, including those related to commercialization, suitability for a specific purpose and breach of conditions, nor representations regarding the availability, reliability or precision of the services.
11.2. Exclusion and limitation of liability
Databis is not responsible for any direct, indirect, casual, transcendental or exemplary damage that may be caused by you, for any reason in the provision and operation of the services and under any theory of liability. This includes, but is not limited to, any loss of profits (whether direct or indirect), loss of goodwill or business reputation, loss of data, cost of replacement of goods or services, or any other loss of intangibles.
Any loss or damage incurred by you, including, but not limited to, loss or damage as a result of:
- Any dependence placed by you on the completeness, accuracy or existence of any advertisement, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisements appear on the services.
- Any change that Mainsurvey could apply to its services, or for any cessation in the provision or functions of the services, whether permanent or temporary.
- Deletion, deformation, or failure to store any content or other communications data maintained or transmitted by or through our services.
- Your failure to provide Databis with correct user data.
- Your failure to keep your password and account details safe and confidential.