Terms of Use | Aselector

Introduction

These Terms of Use (“TOU”) apply to your access and use of Aselector's products, services, websites, and apps that you purchase or sign up for on Aselector's website, the “Service(s)”).

These TOU do not apply to Services which are available solely through our enterprise sales channel.

You agree to these Terms by clicking to accept these Terms while signing up to our plans, executing a document that references them, or using the Services. If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.

1. Fees and Payments

1.1 Fees for Services.

You agree to pay to Aselector any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify Aselector of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

1.2 Subscriptions.

Some of our Services are billed on a subscription basis (“Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. YOU MAY CANCEL AUTO-RENEWAL ON YOUR SUBSCRIPTION AT ANY TIME, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE UNTIL THE END OF THAT BILLING CYCLE BEFORE TERMINATING.

1.3 Taxes

Our prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature such as value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying Taxes associated with your purchase and keeping your billing information up to date.
If you are required by law to withhold any Taxes from your payments to Aselector, you must provide Aselector with an official tax receipt or other appropriate documentation to support such payments.

1.4 Price Changes

Aselector may change the fees charged to you for the Services at any time, provided that, for Subscriptions, the change will become effective only at the end of the then-current billing cycle of your Subscription. Aselector will provide you with advance notice of any change in fees.

1.5 Overage Fees.

Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service subject to applicable law.

2. Free Plan

2.1 The platform and services are currently provided for free in the free plan, but Aselector reserves the right to charge for use of the services in the future. If Aselector charges a fee for use of the services, you do not have any obligation to continue using it.

2.2 Aselector may modify, restrict or discontinue, at any time, temporarily or permanently, your access to the Platform with or without notice.

2.3 You agree not to use the services in any way that is unlawful or harms Aselector, its service providers, your end users, or any other person.

2.4 Abuse of the services or excessively frequent requests to Aselector may result in the temporary or permanent suspension of your access to theservices. Aselector, in its sole discretion, will determine if your usage constitutes abuse or excessive usage. Aselector will endeavor to warn the account owner via email prior to suspension. While Aselector strives to have the services available without interruption, Aselector cannot guarantee any uptime for the Services.

2.5 Aselector may modify, restrict or discontinue, at any time, temporarily or permanently, your access to the Services (or any part thereof) with or without notice.

3. Your Content

3.1 License to Your Content.

You grant Aselector a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content. This license continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of Aselector's business (subject to our retention policies). This license also extends to any trusted third parties we work with to the extent necessary to provide and improve the Services.

3.2 Intellectual property rights in your Content.

You will Notify Aselector of any Content where you wish to retain ownership of intellectual property rights in your Content. Aselector will do a confidentiality clause in such cases, subject to agreement.

3.3 Representations and Warranties.

You represent and warrant that: (a) you own or control the appropriate rights in and to your Content, including any intellectual property owned by third parties; and (b) you will not submit, upload, or otherwise make available via the Services, any Content or materials that are in breach of our Acceptable Uses Policy.

3.4 Responsibility for Your Content.

The Services may display content not owned by Aselector but by others. The entity that makes such content available is responsible for it. You are responsible for your Content, and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Aselector is not responsible for any actions you take with respect to your Content, including sharing it publicly. Subject to applicable law, Aselector is not liable for your Content, any other third-party content or materials, or any loss or damage resulting from your use of, or reliance on, such Content or other third-party content or materials.

You acknowledge that, to ensure compliance with legal obligations, Aselector may be required to review certain of your Content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display your Content that we believe violates the law or these Terms. In the event your Content includes third-party brands, logos or other source identifiers, we may require you to submit a statement of non-affiliation before you may use such Content in connection with the Services. However, Aselector otherwise has no obligation to monitor or review any content submitted to the Services.

4. Aselector IP

Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). These Terms do not grant you any right to use Aselector’s trademarks or other brand elements.

If you submit any feedback or suggestions to us regarding our Services, we may use and share them for any purpose without any compensation or obligation to you.

5. Account Management

7.1 Keep Your Password Secure.

If you have been issued an account by Aselector in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Aselector, 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 notify Aselector immediately. Accounts may not be shared and may only be used by one individual per account.

7.2 Keep Your Email and Account Details Accurate.

Aselector occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate.

7.3 Remember to Backup.

You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Aselector will not be liable for any failure to store, or for loss or corruption of, your Content.

7.4 Account Inactivity.

Aselector may terminate your account and delete any Content contained in it if there is no account holder activity (such as a log in event or payment) for over 6 months. However, where appropriate, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active. In case of lapsed accounts, Aselector would ask for administrative charges to restore the account, if it is possible to restore (usually within a further six months). Aselector is under no obligation for restoring or recovering terminated accounts.

7.5 Legal Status

If you are an individual, you may only use the Services if you have the power to form a contract with Aselector. If you do not have the power to form a contract, you may not use the Services. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.

6. PCI Compliance

6.1 PCI Standards

If you use the Services to accept payment card transactions, you must comply with the Payment Card Industry Data Security Standards (PCI-DSS) to the extent they are applicable to your business (the “PCI Standards”). Aselector may provide tools to simplify your compliance with the PCI Standards, but you must ensure that your business is compliant and the specific steps you will need to take to comply with the PCI Standards will depend on your implementation of the Services.

6.2 Cardholder Data.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM COLLECTING OR ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN THE SERVICES. Similarly, you must never collect or enter any “Sensitive Authentication Data”, as defined by the PCI Standards (including CVC or CVV2) into any fields in the Services. You assume all responsibility for any Cardholder Data entered into the Services in violation of these terms.

7. Suspension and Termination of Services

7.1 By You

You can terminate your Subscription and delete your account at any time through your account management page. Such termination and deletion will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Services. Terminations are confirmed immediately, and you will not be charged again for that Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; (b) a refund is required by law; or (c) we, in our sole discretion, determine a refund is appropriate. For clarity, we will not grant a refund unless the termination is due to our material, uncured breach or a refund is required by law.

7.2 By Aselector

(a) For Convenience. Aselector may terminate your Subscription effective at the end of a billing cycle by providing at least 30 days’ prior notice to you without refund for any prior period. Additionally, Aselector may terminate your Subscription at any time during the billing cycle by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle.
(b) For Cause. Aselector may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after Aselector has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, Aselector may limit, suspend, or terminate the Services to you: (i) if you fail to comply with these Terms, (ii) if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; or (iii) if we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Services you receive, depending upon the reason, we will endeavor to give you advance notice and an opportunity to obtain a copy of your Content from that Service. However, there may be time sensitive situations where Aselector may decide that we need to take immediate action without notice. Aselector will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. Aselector has no obligation to retain your Content upon termination of the applicable Service.

8. Changes and Updates

8.1 Changes to Terms.

Aselector may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the Aselector website. If an amendment is material, as determined in Aselector’s sole discretion, Aselector will notify you by email. Notice of amendments may also be posted upon your login to your account. Except as otherwise specified by us, changes will be effective no sooner than the day they are publicly posted. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because (unless otherwise stated in law) by continuing to use the Services you indicate your agreement to be bound by the updated terms.

8.2 Changes to Services.

Aselector constantly changes and improves the Services. Aselector may add, alter, or remove functionality from a Service it provides to you at any time without prior notice. Aselector may also limit, suspend, or discontinue a Service provided to you at its discretion. Aselector may remove content from the Services it provides you at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.

8.3 Downgrades

Downgrading your account plan may cause the loss of Content, features, functionality, or capacity of your account.

8.4 Aselector Basic (Free) Plan Response Limits

Any responses over your Aselector Basic (free) plan's response limits will not be viewable, and each response over the limit will be deleted 60 days after it is received, unless you upgrade to an Aselector paid plan to view and keep access to all responses before they are deleted. We encourage you to monitor which trees have extra responses or incidents over your plan's response limit, in case you want to upgrade to a paid plan to view and keep them.

9. Disclaimers, Limitations of Liability, Indemnification and Customer Lists

9.1 Disclaimers.

While it is in Aselector’s interest to provide you with a great experience when using the Services, there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY GUIDANCE OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND Aselector DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.

9.2 Exclusion of Certain Liability.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ASELECTOR (INCLUDING ITS AFFILIATES AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS) WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ASELECTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9.3 Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF ASELECTOR (INCLUDING ITS AFFILIATES AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO ASELECTOR FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$100.00.

IN COUNTRIES WHERE THE ABOVE TYPES OF EXCLUSIONS (SECTION 13.2) AND/OR LIMITATIONS (SECTION 13.3) ARE NOT PERMITTED BY LAW, WE ARE RESPONSIBLE TO YOU ONLY FOR YOUR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE ALL REASONABLE SKILL AND CARE OR THAT DIRECTLY RESULT FROM A MATERIAL BREACH OF THESE TERMS.

9.4 Indemnification

If you are a business, you will indemnify and hold harmless Aselector (including its affiliates and its and their officers, agents, and employees) from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.

9.5 Contracting Entity.

References to “Aselector”, “we”, “us”, and “our” are references to Aselector Technologies (OPC) Private Limited., located at 324 Vardhaman Dee Cee Plaza, Dwarka, Sector 11, New Delhi - 110075, India. Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in New Delhi, India.

10. Acceptable Uses Policy

You must use the Services in compliance with, and only as permitted by, applicable law. The use of our Services in conjunction with other tools or resources in furtherance of any of the unacceptable uses described herein is also prohibited. In the event of any violation of this Acceptable Uses Policy, Aselector may, in its sole discretion, do one or more of the following:

suspend (temporarily or permanently) or terminate your use of the Services;
block your access to the Services;
remove or delete content from your account(s); or
communicate such violation to impacted third parties and/or law enforcement authorities (where appropriate and subject to applicable law).

10.1 Your Responsibilities

You are responsible for your Content, Customer Data, conduct, and communications with others while using the Services. You must comply with the following requirements when using the Services. If we become aware of Content or Customer Data that falls outside the bounds of what is acceptable under this policy, we may remove it and report it. We also take steps to prevent uses of our Services that are contrary to the spirit of this policy.
(a) You may not use the Services to commit an unlawful activity; use the Services for activities where use or failure of the Services could lead to physical damage, death, mental harm, or personal injury.
(b) You may not provide any individual under the age of 13 (or under a higher age as provided in certain countries or territories) with access to the Services.
(c) You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.
(d) You may 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.
(e) You may not circumvent or attempt to circumvent any limitations that Aselector imposes on your use of our Services or your account(s) (such as by opening up a new account to create or distribute a survey, form, application, or questionnaire that we have closed for a violation of our terms or policies).
(f) Unless authorized by Aselector in writing, you may not probe, scan, or test the vulnerability or security of the Services or any Aselector system or network.
(g) Unless authorized by Aselector in writing, you may not use any automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.
(h) You may not deny others access to, or reverse engineer, the Services, or assist anyone else to do so, to the extent such restriction is permitted by law.
(i) You may not store or transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
(j) You may not use the Services to infringe the intellectual property rights of others.
(k) Unless authorized by Aselector in writing, you may not resell or lease the Services.
(l) If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless Aselector has agreed with you in writing otherwise. You may not use the Services in a way that would subject Aselector to those industry-specific regulations without obtaining Aselector’s prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations) without entering into a separate business associate agreement with Aselector that permits you to do so.
(m) We may offer content like images or video that are provided by third parties. You may use that material solely in your Content or Customer Data. Aselector may modify or revoke that permission at any time in our sole discretion. In using such material, you may not imply that your Content, Customer Data, or use of the Services are affiliated with or run or endorsed by any company, product, brand or service depicted in that material unless you have obtained their permission.
(n) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns of reasonable users similar to you, including any usage that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Aselector will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Aselector which no longer causes such adverse effects.
(o) You must use a valid email address to register an account. You may not register accounts using a disposable or temporary email address, “bots,” or other unauthorized automated methods.
(p) You may not host or transmit content that is or contains false, inaccurate, or intentionally deceptive information that is likely to cause harm to the public or adversely affect the public interest (including health, safety, election integrity, and civic participation).
(q) If Aselector determines, in its sole discretion, that your usage of the Services causes damage to our brand or reputation, or results in an excessive volume of complaints, Aselector, has the right to suspend or terminate your use of our websites and the Services.
(r) You may not include gratuitous graphic violent material or pornography in connection with the use of our Services.
(s) Submit, publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda, oradvocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
(t) We strictly prohibit and report to law enforcement any display of sexual or pornographic content (including in cartoon form) involving minors.
(u) You may not upload content of more than 5 MB in the overall account in the free plan.

Phishing and Security
We strive to protect the security of all our users. We take specific measures to ensure respondents are not misled by forms/data collected/questionnaires used for fraudulent or malicious purposes. We will suspend any use of the Services or remove any Content or Customer Data which comes to our attention that:

attempts to collect, as determined in our sole discretion, social security numbers or similar government-issued identification numbers, credit card numbers (other than solely for collecting payment through an authorized payment processor as permitted by the Services), passwords, or other similar types of sensitive information;
publishes a person’s identifying information without their consent;
is intended to deceive or mislead respondents, including by linking to websites with malicious software such as malware;
promotes or recruits for pyramid schemes, multi-level marketing campaigns, or work-from-home and other false earning scams;
knowingly and artificially boosts or inflates a website or webpage’s search engine ranking or reputation, including by offering or selling social media "likes", followers, reviews, comments, or similar services; or
hosts content that is downloadable, live-streamed, or merely intended to solicit clicks to other sites.

Privacy and Impersonation
Users provide responses and information with the expectation that their information will be handled respectfully and not abused. Accordingly, you are responsible for complying with all applicable data protection laws and regulations with respect to any data that you submit to or collect through our Services.

We encourage you to disclose your privacy practices when you use the Services and, if you do, we require you to act in accordance with those practices.
You may not claim that a survey/form/application/questionnaire or other use of our Services is anonymous when it is not.
You may not impersonate others when using the Services or collecting information.

Intellectual Property Infringement
Please respect the intellectual property rights of others. You must have the appropriate rights to use any Content or Customer Data. It is your responsibility to determine what rights you need, to obtain and maintain those rights, and to understand how you are permitted to exercise those rights. You may include Content, including any third-party logos, brands and other indicia of source, (a) to the extent permitted as a fair use or otherwise under applicable law, and (b) so long as the use does not (i) cause confusion as to the origin or sponsorship of a good or service, (ii) imply sponsorship or endorsement by the trademark owner where none exists, or (iii) inaccurately describe a product or service. We recommend that you seek independent legal counsel if you have questions about your use of content or intellectual property owned by a third party.

11. Other Terms

11.1 Customer Lists

Aselector may identify you by name and logo as a customer of the Services on our websites and on other promotional materials.

11.2 Assignment

You may not assign these Terms without Aselector’s prior written consent, which may be withheld in Aselector’s sole discretion. Aselector may assign these Terms at any time without notice to you.

11.3 Entire Agreement

These Terms (including the Additional Terms) constitute the entire agreement between you and Aselector, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.