Terms and Conditions (Creators and Visitors)
1 - Applicability
These terms of service (“Terms of Service”) govern the relationship between Problem Free Limited (“Problem Free”, “we” or “us”), the creator of kwiksurveys.com, freeonlinesurveys.com and shout.com, and a customer of the Service or a representative of an entity that’s a customer of the Service (“you” or “your”) of kwiksurveys.com, freeonlinesurveys.com or shout.com (the “Site”), including any of the services we provide (the “Services”).
By using the Site and the Services, you indicate agreement to these Terms of Service.
By using the Site and our Services, you agree to also be bound by Problem Free’s Privacy Policy and Cookie Policy.
2 - Age restriction
- Our services are not designed for or targeted at children under the age of 16.
- If you are 16 years or older, you may use our services independently.
- If you are under 16 years old, you may only use our services under the supervision and with the consent of a parent or legal guardian. By allowing a minor to use our services, the parent or guardian agrees to: a. Supervise the minor's use of our services b. Assume responsibility for the minor's activities on our platform c. Ensure the minor's compliance with our Terms of Service and Use Policy
- Regardless of age, all users (or their guardians) are responsible for ensuring that their use of our services, including the content they create or distribute, complies with all applicable laws and regulations.
- If we learn that we have collected personal information from a child under 16 without verifiable parental consent, we will take steps to delete that information as quickly as possible.
- Problem Free Limited reserves the right to terminate any account or remove any content that we believe, in our sole discretion, violates these terms or may cause legal issues for our company.
By using our services, you represent and warrant that you either meet the age requirements to use the service independently, or that you have obtained the necessary parental or guardian consent if you are under 16.
3 - Changes to this Agreement
Problem Free reserves the right to change or update these Terms of Service at any time by publishing the revised version in place of these terms. If you are not willing to accept the revised Terms of Service, you will need to stop using the Site and Services.
4 - Changes to the Services
Problem Free reserves the right to change, update, limit or terminate any or all of the Services or certain features from time to time. Any change to the Services may be reflected in the subscription cost of the level of Services offered. Any changes, update, upgrade, limitation or termination of the Services shall be notified to you before it comes into effect.
5 - Privacy and Account Security
In the course of using the Services, you will submit content to Problem Free (including your personal data and the personal data of others). Our privacy policy sets out what personal data we collect from you and how we use it.
By creating an account on the Site, you agree that you are solely responsible for maintaining the confidentiality of the password(s) associated with your account. You agree that you will not directly or indirectly allow any third party access to your account details and that you will be solely responsible for all activities and transactions that take place under your account and for any and all use or misuse of your password or account.
If you become aware of any unauthorised use of your account, you will let us know.
You are responsible for making sure that your content does not breach these Terms of Services. Problem Free reserves the right to change or delete content that it considers is inappropriate, unlawful or causes any potential liability to Problem Free or another user.
6 - Payments and Payment Security
Subscription Fees
Subscription fees are generally charged in advance of the services being provided, on a rolling monthly or annual basis. Fees paid are non-refundable except as provided in these Terms of Service or when required by law.
Automatic Renewal
The term of each subscription is automatically renewed at the end of the subscription period (monthly or annually) unless cancelled by you. For annual subscriptions, we will send a payment reminder a few days before the renewal date. It is your responsibility to ensure your payment details are up to date.
Cancellation and Refunds
You may cancel the automatic renewal of your subscription at any time through your account settings or by contacting our support team. There is a 14-day cooling-off period, starting the day after a subscription is made, during which you can cancel your subscription and receive a full refund. After the 14-day cooling-off period, no refund will be given for cancellation, but you may continue to use the Services under your subscription package until the end of your current subscription term.
Changes in Fees
Fees are subject to change. Any changes will become effective upon the renewal of your subscription term. We will endeavor to notify you by email of any changes in your subscription price before they take effect.
Mid-term Upgrades
If you upgrade your subscription midway through a current subscription term, we will apply a pro-rated refund on your account for the remaining term of your lower subscription and apply the new subscription rate to the remainder of your current term. Once your subscription renews, the full upgrade price shall apply.
Payment Methods
We accept payment via credit card, direct debit, or other methods as specified on our website. You are responsible for providing accurate and current payment information.
Failed Payments
If a payment fails, we may attempt to process the charge again within a few days. If the payment continues to fail, we reserve the right to suspend or terminate your access to the Services.
Taxes
Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities.
Exceeding Plan Limits
If you exceed the limits of your current subscription plan, we may automatically upgrade your plan or apply additional charges to the account at the next renewal.
Account Termination
In the event of account termination, whether initiated by you or us, you will not be entitled to a refund for any prepaid fees.
By using our Services, you agree to these payment terms. Failure to comply with these terms may result in the suspension or termination of your account and Services.
7 - Third Party Interference and Damage to Access Devices
Although Problem Free has security measures in place, you accept that Problem Free is not responsible for any third party interference with the Site. This includes any access to your account details by third parties, any software implemented into the Site that causes any damage to the device used to access the site or anything that causes any damage to you whatsoever caused by third party interference.
You agree that you are responsible for the devices you use to access the Site and its compatibility required to access the Site. Problem Free is not responsible for any bug or improper use of equipment used to access the Site whether through a web browser or device application.
8 - Use Policy
You shall not use the Site or the Services in any way that could cause legal issues, service disruptions, or reputational damage to Problem Free Limited. Prohibited activities include, but are not limited to:
- Illegal Content and Activities
- Using our Services for any unlawful purpose or to facilitate illegal activities
- Distributing content that violates applicable laws or regulations
- Intellectual Property Infringement
- Violating copyrights, trademarks, or other intellectual property rights
- Using our Services to distribute counterfeit or unauthorized materials
- Service Disruption and Technical Abuse
- Attempting to gain unauthorized access to our systems or other users' accounts
- Interfering with the proper functioning of the Site or Services
- Introducing malware, viruses, or other harmful code
- Engaging in activities that could overload our servers or networks
- Fraudulent Practices
- Using fake or inaccurate contact information
- Misrepresenting your identity or affiliation in a way that could implicate our company
- Engaging in any activities that could be construed as fraud or scams
- Spam and Unsolicited Communications
- Using our Services to send spam or unsolicited bulk communications
- Engaging in activities that could cause our IP addresses or domains to be blacklisted
- Content That Could Harm Our Reputation
- Distributing extremely offensive, abusive, or objectionable content that, if associated with our platform, could damage our reputation
- Violation of Our Agreements with Third Parties
- Any activities that could cause us to violate our agreements with hosting providers, payment processors, or other service providers
- Unauthorized Commercial Use
- Reselling or redistributing our Services without explicit authorization
Problem Free Limited does not proactively monitor all content distributed through our Services. However, we reserve the right to:
- Remove or alter any content or material posted or used as part of the Services for any reason, at our sole discretion.
- Suspend or terminate your account and access to the Services at any time, for any reason or no reason, without notice.
- Cooperate with legal authorities if we believe our company's legal interests are at risk.
We maintain these rights to ensure compliance with our legal obligations and agreements with third-party service providers, including our hosting providers.
By using our Services, you acknowledge and agree that Problem Free Limited has the right to terminate your account at any time, without notice or cause, and that such termination may result in the deletion of your content and data. You agree that Problem Free Limited will not be liable to you or any third party for any termination of your access to the Services or deletion of your content or data.
Special Category Data
- You will use the anonymization feature for all special category data collected through our Services, thereby converting it to non-special category data.
- You take full responsibility for ensuring that the anonymization feature is properly implemented for all special category data, rendering it truly anonymized and no longer subject to special category data protections.
- You acknowledge that once properly anonymized using our feature, the data will no longer be considered special category data, and you will treat it accordingly.
- You understand that failure to use the anonymization feature for special category data may result in immediate termination of your account and potential legal consequences.
- You will indemnify and hold Problem Free Limited harmless from any claims, damages, or liabilities arising from your failure to properly anonymize special category data or from any misuse of anonymized data.
9 Collaboration
The Site allows you to share your surveys and responses with other users the Service. You are responsible for the consequences of sharing data with another user. You acknowledge that whilst you can ‘unshare’ the original project, any copies or derivatives created by other users will be owned by them.
10 – Teams and organisations
If you create a team/organisation account you are responsible for the conduct of any sub-users you link to it.
As the organisation owner you accept responsibility for providing primary support to any linked sub-users. Any technical issues experienced by sub-users should escalated to our service desk by the organisation admin, ideally after being verified and reproduced.
All sub-users without their own paid plan will share a separate pooled limit of surveys, responses and email invitations which we reserve the right to change at any point.
You are responsible for maintaining up to date contact details for your organisation.
We reserve the right at our sole discretion to limit or disable the team facility from your account.
Sub-users will continue to be liable for their own billing unless the organisation owner chooses to take over the billing for that account through he “consolidate billing” option in the “My account/organisation” menu.
If you join an existing organisation by accepting an invitation then you agree to transfer ownership of your account and all data it contains to that organisation. You will continue to be responsible for any new or existing billing for a paid plan until the company chooses to consolidate billing to their organisation. Billing consolidation is optional and does not happen automatically when joining.
11 - Compliance with laws
You warrant that your use of the Site and the Services will comply will all applicable laws and regulations, including laws relating to privacy and data protection in both your country of residence and the United Kingdom.
12 - Termination
You may terminate these Terms of Service at any time, and for any reason by logging into your account and using the “Close account” option in the “My Account”. You acknowledge that by doing so your data including any responses you have collected will be deleted in accordance with our privacy policy. You will not be entitled to a refund for any remaining subscription fees already paid.
Problem Free may, at its sole discretion, terminate, suspend or restrict your account for breach of any term in these Terms of Service. In the event your account is terminated, suspended or restricted, you shall not be entitled to a refund for any remaining subscription fees already paid.
In the event these Terms of Service are terminated for any reason, we will permanently delete all the data associated with it within 60 days from the date of termination.
If you don’t log into your account for 18 months or more, we may treat your account as ‘dormant’ and permanently delete the account and all the data associated with it.
13 - Our Intellectual Property
Nothing in these Terms of Service grant you ownership of any intellectual property owned by us You agree and acknowledge that we own or are licensed to use all copyright, database rights, trade marks and other intellectual property rights in and to all parts of the Site, and to the business of Problem Free, including the structure, design, essence and layout of the Site.
14 - Your Intellectual Property
By using the Services, any copyright you own in any material used or posted on the Site shall remain your property. Problem Free shall retain the copyright of all other material on the Site and in the Services.
By using or posting content to Problem Free, you agree to give Problem Free a non-exclusive worldwide, royalty-free and transferable license to use, reproduce, distribute, modify, make publicly available and otherwise exploit your content for the limited purposes of providing the Services to you and as otherwise permitted by our privacy policy.
15 - Liability
To the extent permitted by law, the aggregate liability of Problem Free arising out of in connection with the Services and these Terms of Service shall not exceed the amount paid by you to Problem Free for use of the Services during the 12 months prior to the event giving rise to the liability.
To the extent permitted by law, Problem Free shall not be liable for any:
- special, incidental or consequential damages;
- loss of data, business, revenues or profits (in each case whether direct or indirect);
- failure or delay for any reason beyond Problem Free’s control, arising out of or in connection with the Services and these Terms of Service even if Problem Free has been advised of the possibility of such losses.
16 - Disclaimer as to the Products and Services
The Site and the Services are provided “as is” and, to the extent permitted by law, Problem Free disclaims all warranties with regard to this Site or Services including all implied warranties of merchantability, fitness for purpose and non-infringement. You use the Site and Services at your own risk.
17 - Site Availability
Problem Free shall endeavour to keep the Site operational 24 hours a day, 365 days per week, however we make no warranty to do so as Site interruption may be the result of external factors outside of the control of Problem Free. As a result, Problem Free shall not be responsible for any loss caused to you or your business because of Site downtime. In the unlikely event that something goes wrong and any data is lost, Problem Free shall not be responsible for any damage to you or any third party as a result.
18 - Indemnification
You indemnify, defend and hold harmless Problem Free, its affiliates and their respective advertisers, agents, licensors, suppliers, officers, directors, shareholders, employees, agents, service providers and other contractors (collectively “Problem Free Indemnified Parties”) from and against any loss, expense, damage, cost, liability, claim, demand made by a third party, including, but not limited to, legal fees and accounting expenses, sustained, incurred or paid by the Problem Free Indemnified Parties and arising from or related to your use of the Site, Services or breach of these Terms of Service.
19 - Errors on the Site
Although Problem Free strives to provide reliable and current information through the Site, occasionally, there may be information on the Site that contains typographical errors, inaccuracies, omissions or mistakes that may relate to product descriptions, pricing, promotions, offers, and availability. Accordingly, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information or to refuse, correct or cancel orders, at any time and from time to time without liability and without notice to you or any other person, if any information on the Site is inaccurate, to the extent permitted by law.
20 - Miscellaneous
These Terms of Service shall be interpreted and construed according to, and governed by, the laws of England and Wales. You understand that these Terms of Service represent the entire understanding and constitute the entire agreement between the parties in relation to its subject matter, and supersedes all prior agreements, covenants, arrangements, communications, representations or warranties, whether oral or written, by any officer, agent, employee or representative of either of the parties.
If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining terms will remain in full force and in effect. A waiver by either party of any term or condition of these Terms of Service or any breach will not waive such term or condition or any subsequent breach. Problem Free may assign their rights under these Terms of Service without limitation. You may assign your rights to any party as long as they agree to be bound by these Terms of Service also. These Terms of Service shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. Any headings used in the Terms of Service are for convenience only.