Thanks for using MFour Mobile Research’s products and services (“Services”).
You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by 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 MFour Mobile Research 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. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
1.2. Taxes. Unless otherwise stated, you are responsible for any taxes (other than MFour Mobile Research’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay MFour Mobile Research for the Services without any reduction for Taxes. If MFour Mobile Research is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide MFour Mobile Research with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. If you are required by law to withhold any Taxes from your payments to MFour Mobile Research, you must provide MFour Mobile Research with an official tax receipt or other appropriate documentation to support such payments.
1.4. Price Changes. MFour Mobile Research may change the fees charged for the Services at any time.
1.5. Overage Fees. Unless otherwise stated, any overage fees incurred by you will be billed in arrears on a monthly basis. 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.
2.2. Confidentiality. MFour Mobile Research will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including our privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by MFour Mobile Research); (b) was lawfully known to MFour Mobile Research before receiving it from you; (c) is received by MFour Mobile Research from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by MFour Mobile Research without reference to your Content.
3. Your Content
3.1. You Retain Ownership of Your Content. You retain ownership of all of your intellectual property rights in your Content. MFour Mobile Research does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.
3.2. Limited License to Your Content. You grant MFour Mobile Research a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by MFour Mobile Research’s privacy policies. This license for such limited purposes continues even after you stop using our Services, though you may have the ability to delete your Content in relation to certain Services such that MFour Mobile Research no longer has access to it. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide MFour Mobile Research with feedback about the Services, we may use your feedback without any obligation to you.
3.3. Copyright Claims (DMCA Notices). MFour Mobile Research Inc. responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been exploited in a way that constitutes copyright infringement, you may notify MFour Mobile Research’s agent for claims of copyright infringement.
3.4. Other IP Claims. MFour Mobile Research respects the intellectual property rights of others, and we expect our users to do the same. If you believe a MFour Mobile Research user is infringing upon your intellectual property rights, you may report it through our online form. Claims of copyright infringement should follow the DMCA process outlined in these Terms, or any equivalent process available under local law.
4. MFour Mobile Research IP
4.1. MFour Mobile Research 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). Except as permitted by MFour Mobile Research’s Brand and Trademark Use Policy, these Terms do not grant you any right to use MFour Mobile Research’s trademarks or other brand elements.
5. User Content
5.1. User Content. The Services display content provided by others that is not owned by MFour Mobile Research. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. MFour Mobile Research is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.
5.2. Content Review. You acknowledge that, in order to ensure compliance with legal obligations, MFour Mobile Research may be required to review certain 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 content that we believe violates the law or these Terms. However, MFour Mobile Research otherwise has no obligation to monitor or review any content submitted to the Services.
5.3. Third Party Resources. MFour Mobile Research may publish links in its Services to internet websites maintained by third parties. MFour Mobile Research does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
6. Account Management
6.1. Keep Your Password Secure. If you have been issued an account by MFour Mobile Research 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 MFour Mobile Research, are responsible for any activity occurring in your account (other than activity that MFour Mobile Research is directly responsible for which is not performed in accordance with the Customer’s instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify MFour Mobile Research immediately.
6.2. Keep Your Details Accurate. MFour Mobile Research 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. Accounts are controlled by the entity whose email address is registered with the account.
6.3. Remember to Backup. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, MFour Mobile Research will not be liable for any failure to store, or for loss or corruption of, your Content.
6.4. Account Inactivity. MFour Mobile Research may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, 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.
7. User Requirements
7.1. Legal Status. If you are an individual, you may only use the Service if you have the power to form a contract with MFour Mobile Research. None of the Services are intended for use by individuals less than 13 years old. If you are under 13 years old or do not have the power to form a contract with MFour Mobile Research, you may not use the Services. We recommend that parents and guardians directly supervise any use of the Services by minors. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation and that you have duly authorized your agent to bind you to these Terms.
7.2. Embargoes. You may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving the Services, or are on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any paid Services from MFour Mobile Research.
8. Acceptable Uses
8.1. Legal Compliance. You must use the Services in compliance with, and only as permitted by, applicable law.
8.2. Your Responsibilities. You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
(a) 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.
(b) You may not circumvent or attempt to circumvent any limitations that MFour Mobile Research imposes on your account (such as by opening up a new account to conduct a survey that we have closed for a Terms violation).
(c) Unless authorized by MFour Mobile Research in writing, you may not probe, scan, or test the vulnerability of any MFour Mobile Research system or network.
(d) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.
(e) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
(f) You may not engage in abusive or excessive usage of the 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. MFour Mobile Research 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 MFour Mobile Research.
(g) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
(h) Unless authorized by MFour Mobile Research in writing, you may not resell or lease the Services.
(i) 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 MFour Mobile Research has agreed with you otherwise. You may not use the Services in a way that would subject MFour Mobile Research to those industry-specific regulations without obtaining MFour Mobile Research’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 MFour Mobile Research that permits you to do so.
9. Suspension and Termination of Services
9.1. By You. If you terminate a survey in the middle of a fielding window, you will not receive a refund for any period completes that have already come in.
9.2. By MFour Mobile Research. MFour Mobile Research may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms (such as a failure to pay fees when due), or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. MFour Mobile Research may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we suspend or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where MFour Mobile Research may decide that we need to take immediate action without notice. MFour Mobile Research has no obligation to retain your Content upon termination of the applicable Service.
9.3. Further Measures. If MFour Mobile Research stops providing the Services to you because you repeatedly or egregiously breach these Terms, MFour Mobile Research may take measures to prevent the further use of the Services by you, including blocking your IP address.
10. Changes and Updates
10.1. Changes to Terms. MFour Mobile Research 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. Any changes will be posted to the location at which those terms appear. MFour Mobile Research may also provide notification of changes on its blog or via email. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require MFour Mobile Research to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
10.2. Changes to Services. MFour Mobile Research constantly changes and improves the Services. MFour Mobile Research may add, alter, or remove functionality from a Service at any time without prior notice. MFour Mobile Research may also limit, suspend, or discontinue a Service at its discretion. If MFour Mobile Research discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. MFour Mobile Research may remove content from the Services 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.
11. Disclaimers and Limitations of Liability
11.1. Disclaimers. While it is in MFour Mobile Research’s interest to provide you with a great experience when using the Services (and we love to please our customers), 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 ARE PROVIDED “AS IS” AND MFOUR MOBILE RESEARCH 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 REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
11.2. Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MFOUR MOBILE RESEARCH, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, 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 MFOUR MOBILE RESEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11.3. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF MFOUR MOBILE RESEARCH, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO MFOUR MOBILE RESEARCH FOR USE OF THE SERVICES AT ISSUE DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$25.00.
11.4. Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
11.5. Businesses. If you are a business, you will indemnify and hold harmless MFour Mobile Research and its affiliates, 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 use of the Services or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you.
12. Contracting Entity
12.1. Who you are contracting with. Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, MFour Mobile Research Inc.
12.2. MFour Mobile Research Inc. For any Service provided by MFour Mobile Research Inc., the following provisions will apply to any terms governing that Service:
• Contracting Entity. References to “MFour Mobile Research”, “we”, “us”, and “our” are references to MFour Mobile Research Inc., located at 19800 MacArthur Blvd., Suite 700, Irvine, CA 92612, United States of America.
• Governing Law. Those terms are governed by the laws of the State of California (without regard to its conflict of laws provisions).
• Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Orange County, California, and the federal courts located in the Southern District of California with respect to the subject matter of those terms.
13. Other Terms
Assignment. You may not assign these Terms without MFour Mobile Research’s prior written consent, which may be withheld in MFour Mobile Research’s sole discretion. MFour Mobile Research may assign these Terms at any time without notice to you.
Entire Agreement. These Terms (including the Additional Terms) constitute the entire agreement between you and MFour Mobile Research, 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.
Independent Contractors. The relationship between you and MFour Mobile Research 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. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
Precedence. To the extent any conflict exists, the Additional Terms prevail over this TOU 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.
14. Terms for Certain Customers
14.1. 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.
15. Survey Content Policy
This policy seeks to maintain a positive experience for both survey creators and survey respondents by helping you to understand what types of survey content and uses of our survey tools are acceptable. If we become aware of survey content 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.
Phishing and Security
We strive to protect the security of survey respondents and take measures to ensure they are not misled by surveys used for fraudulent or other malicious purposes.
• We will remove any surveys that attempt to collect social security numbers, credit card numbers, passwords, or other similar types of sensitive information.
• We also remove any surveys that publish a person’s sensitive identifying information against their wishes.
• We will remove any surveys that are intended to deceive or mislead respondents, including by linking to websites with malicious software such as malware.
Privacy and Impersonation
Survey respondents provide responses with the expectation that their information will be handled respectfully and not abused.
• We encourage survey creators to disclose their privacy practices in their surveys and, if they do so, we require those survey creators to act in accordance with those practices.
• You may not claim that a survey is anonymous when it is not.
• You may not impersonate others when presenting your survey.
Violence and Hate Speech
We remove content and may report information related to that content to law enforcement authorities if we become aware of, and believe that, a genuine risk of physical harm or direct threat to public safety exists.
• Our services may not be used to credibly threaten others, or to organize or incite violence. This includes content which attacks people, or incites attacks on people, based on their ethnicity, national origin, religion, gender, sexual orientation, genetic predisposition, disability or medical condition.
• Our services may not be used to promote or glorify self-harm.
Bullying and Harassment
• Our services may not be used to bully or harass a private individual.
• Our services may not be used in furtherance of any criminal activity or in violation of any applicable law.
Pornography and Offensive Graphic Material
We acknowledge nudity, pornography and gore may have a legitimate place in certain types of surveys. However, we discourage the gratuitous inclusion of such materials in surveys.
• You may not include gratuitous graphic violent material or pornography in surveys.
• We recommend adding a conspicuous warning screen before displaying any material which may be offensive in nature.
• We strictly prohibit and report to law enforcement any display of sexual or pornographic content (including in cartoon form) involving minors.
Intellectual Property Infringement
Please respect the intellectual property rights of others.
• You must have the appropriate rights to any content included in your surveys.