End User License Agreement – OpinionAPP
|ACCEPTANCE OF TERMS: This End User License Agreement for the OpinionAPP (hereinafter “EULA”) is a binding legal agreement between You, as an individual, and Cint AB. By downloading, installing or using the application on any device, You agree to be bound by the terms of this EULA.
If You do not agree to, or have the proper legal authority to enter into this EULA or any part hereof, do not download, install or use the Application.
The OpinionAPP is provided to You by:
Cint AB (company registration no. 556559-8769)
111 37 Stockholm
Phone: +46-8-546 383 00
Fax: +46-8-546 383 99
Introduction and overview
Please read this EULA carefully before clicking the “Accept” button or downloading or using the OpinionAPP (“Application”). As used herein, “Application” includes, without limitation, any services specific to the Application, software code, scripts, interfaces, graphics, displays, text, images, artwork, music or video clips, documentation and other components or content and any updates, modifications or enhancements to these items accompanying the Application or this EULA. This EULA is an agreement between You and Cint AB (“Cint”, “Us” and “Our”), and its affiliates (individually and collectively, “Cint”). “You”, “Your” in this EULA refer to You as an individual.
Cint manages the relationship between survey owners and panel owners. Panel owners provide opportunities for panel members, which have a panel account with the panel owner, to participate in surveys. This Application is provided free of charge with the purpose to allow You, as a panel member, to connect to your panel account(s), to the extent these panel accounts have been made available, in order to access survey services and related services. Please note that this EULA does not apply to Your use of the survey services or Your use of the panel account(s). You expressly acknowledge and agree that Your use of survey services and panel accounts may be subject to the panel owner’s terms and conditions. Cint encourages You to review such terms and conditions.
If You are under the age of 16, You may only use this Application with the express consent of Your parent or legal guardian.
Cint grants You a personal, revocable, non-exclusive, non-transferrable, limited right to download, install and use the Application on any device You own or control and to access and use the Application strictly in accordance with the terms and conditions of this EULA, and all applicable local, national and international laws and regulations. You represent, warrant and agree that You will only use the Application for your own personal use and not for transfer or redistribution of any kind.
Restrictions on use
You shall not: (i) disrupt, interfere with the security of or otherwise abuse the Application, or any services, accounts, servers or networks connected to or accessible through the Application or affiliated or linked sites, including without limitations, survey services and panel accounts; (ii) reverse engineer, decompile, disassemble or take any acts that might reveal or disclose the source code or algorithms, or bypass or circumvent measures or controls utilized to prohibit, restrict or limit access to any webpage, content or codes, or modify or disable any features of the Application, or create derivative works based on the Application; (iii) upload, post or otherwise transmit through any viruses or other harmful, disruptive or destructive files, computer programs or code or any spam; or (iv) use or attempt to use another user’s panel account without authorization, or create or use a false identity on the Application.
You acknowledge and agree that the Application, any copies thereof, and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Cint, or its collaborators, licensors, or suppliers. Furthermore, You acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Cint and its collaborators, licensors and suppliers. Title to the Application shall remain with Cint. Except as expressly stated in this EULA, You are not granted any intellectual property rights in or to the Application and all rights in and to the Application not expressly granted in this EULA are hereby reserved and retained by Cint. These obligations shall survive termination of this EULA.
The Application may include third party software that is subject to open source license terms (“Open Source License terms”). You acknowledge and agree that your right to use such software, as part of the Application, is subject to such Open Source License Terms. In the event of a conflict between this EULA and the Open Source License Terms, the Open Source License Terms shall prevail.
If Cint makes any updates or upgrades to the Application available to You, such updates and upgrades shall be subject to the terms and conditions of this EULA, unless the updates or upgrades are expressly provided to You under other, or additional terms and conditions, in which case these terms shall apply.
Collection of Personal data
For the purpose of providing the Application, You agree that Cint may collect and process:
- Your registration information: For example but not limited to first name and surname, country of residence, gender, date of birth, email address, username and password.
- Your device information: For example but not limited to mobile device ID, device type and screen size, collected and processed in order to identify a user’s device and its functionality.
- Your device’s location information (i.e. Your location information): such as Your device’s GPS signal or information about nearby Wi-Fi access points and cell towers.
Cint may transfer Your personal data collected pursuant to this EULA to persons or companies, in or outside of the EU/EEA, that process such data on Our behalf.
Cint is the personal data controller. For contact details, see contact details in the beginning of this EULA.
You may, at any time, contact Us to request that Your personal data is corrected or erased. You may also apply to obtain, free of charge, information regarding the data relating to You which is processed by Us as a data controller. If You do not want Your Location Information collected either do not download/use the Application or You may modify Your Device settings to disable collection of Your Location Information.
Please note that any data collected and processed for survey services and panel accounts is subject to Your panel owner’s terms and conditions. Cint encourages You to review such terms and conditions.
Internet access and device requirements
While using the Application, the terms of agreement with your mobile network provider will apply. As a result, You may be charged by your network provider for the cost of data for the duration of the connection while accessing the Application. In addition, some features of the Application may be affected by the availability and performance of Your device hardware or data access. In order for You to be able use the Application, You need an android/IOS smartphone with a Wi-Fi, 3G or 4G internet connection.
Term and termination
This EULA enters into force upon acceptance of the EULA by You as specified herein and shall remain in force until terminated by either Cint or You. You do not have any right of withdrawal but You may terminate the EULA at any time. Cint may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this EULA and the rights afforded to You hereunder with or without prior notice. Upon termination of the EULA, You must uninstall and destroy all copies of the Application and all of its component parts in Your possession. Cint will not be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of terminating this EULA in accordance with its terms, and termination of this EULA will be without prejudice to any other right or remedy Cint may have, now or in the future. These obligations shall survive the termination of this EULA.
You expressly acknowledge and agree Application is provided on an “as is” or “as available” basis and that Your use of or reliance upon the Application is at Your sole risk and discretion. To the fullest extent permitted by law, Cint, Our clients or other third parties, and Our and their respective directors, officers, employees, representatives, agents, third-party content providers and licensors, do not make any warranties, express, implied or statutory, including those of merchantability, fitness for a particular purpose, that the use of the Application will be uninterrupted or error free, or the accuracy, reliability, or content of any information, that the use of the Application does not infringe any third party rights, or services provided through the Application, other than as expressly set out in this EULA.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CINT, THIRD PARTIES, OR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUCCESSORS OR ASSIGNEES SHALL NOT BE LIABLE TO YOU IN ANY RESPECT, INCLUDING WITHOUT LIMITATION, FOR ANY MATTER RELATED TO THE APPLICATION OR THIS EULA, FOR ANY SUBMISSIONS YOU MAKE, OR FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES HOWSOEVER CAUSED WHETHER OR NOT CINT HAS BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold Cint and providers of survey services, panel accounts and other third parties, including directors, officers, shareholders, employees, representatives, contractors, successors or assigns, harmless from and against any and all damages, expenses, liabilities and losses of any kind (including, without limitation legal fees), arising out of a third party claim regarding or in connection with Your use of the Application or a breach of this EULA, to the extent that such damages, expenses, liabilities and losses were caused by You.
Amendments and no waiver
Cint hereby reserves the right, in its sole discretion, to make amendments to this EULA from time to time. Cint encourages You to review the EULA on an on-going basis and Cint will notify You of amendments to this EULA. Your use of the Application will constitute an acceptance of amendments to this EULA.
No waiver by Cint of any breach of any term or provision of this EULA shall be construed to be a waiver of any preceding or succeeding breach of the same or any other term or provision hereof.
Severability and assignment
If any term of this EULA is held to be invalid or unenforceable, such term shall be deemed to be severable from the remainder of this EULA, and the remainder of this EULA shall be construed and interpreted without reference to the unenforceable term.
You may not assign this EULA without Our prior written consent, which may be withheld in Our sole discretion. You agree that Cint may assign this EULA at any time without notice to You.
Please feel free to contact Us should You have any Complaints regarding the Application. You may also turn to Your European Consumer Centre for advice and help (http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/ecc-net/index_en.htm).
Governing law and legal venue
Unless otherwise provided by applicable mandatory consumer law, any disputes arising out of or in connection with this EULA shall be referred to Stockholm county court (Sw. Stockholms tingsrätt) and governed by and construed in accordance with the laws of Sweden, without regard to any choice of law principles (whether those of Sweden or any other jurisdiction) that might provide for an application of a different jurisdiction’s laws. Notwithstanding the foregoing, Cint may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.