Terms and Conditions

Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Scout Surveys ("Company," "we," "our," or "us") concerning your access to and use of our customer experience survey platform and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict of law provisions.

Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements. If you are using the Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

Account Registration

To access certain features of our Services, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if any information you provide is inaccurate, incomplete, or violates these Terms.

License and Restrictions

License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes.

Restrictions

You agree not to:

• Copy, modify, or create derivative works of the Services
• Reverse engineer, decompile, or disassemble the Services
• Rent, lease, loan, resell, sublicense, or distribute the Services
• Use the Services for any unlawful purpose or in violation of any regulations
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to the Services or related systems
• Use automated systems to access the Services without our permission
• Remove or alter any proprietary notices on the Services

Subscription and Payment

Fees

Access to certain features of our Services requires payment of subscription fees. All fees are stated in U.S. dollars and are non-refundable except as required by law or as explicitly stated in these Terms.

Billing

By providing payment information, you authorize us to charge the applicable fees to your payment method. Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected). Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

Price Changes

We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice of any price changes. If you do not agree to the price change, you may cancel your subscription before the change takes effect.

Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period. You will not receive a refund for any unused portion of your subscription.

User Content and Data

Your Content

You retain all rights to any content, data, or information you submit, upload, or collect through the Services ("User Content"). By using our Services, you grant us a limited license to use, store, process, and display your User Content solely to provide and improve the Services.

Your Responsibilities

You are solely responsible for:

• The accuracy, quality, and legality of your User Content
• Obtaining all necessary rights, permissions, and consents for collecting and processing data through our Services
• Complying with all applicable laws, including privacy and data protection regulations
• Ensuring your use of the Services does not infringe on third-party rights

Data Processing

When you use our Services to collect customer data, you act as the data controller and we act as the data processor. You acknowledge that you are responsible for compliance with all applicable data protection laws, including obtaining necessary consents from your customers.

Intellectual Property

The Services, including all software, designs, text, graphics, logos, and other content (excluding User Content), are owned by Scout Surveys or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Our trademarks, service marks, and logos may not be used without our prior written consent. All other trademarks appearing on the Services are the property of their respective owners.

Third-Party Services

Our Services may integrate with or contain links to third-party services, websites, or applications. We do not control and are not responsible for these third-party services. Your use of third-party services is governed by their respective terms and privacy policies.

Service Availability and Modifications

We strive to maintain the availability of our Services, but we do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue any aspect of the Services at any time without notice.

We may also impose limits on certain features or restrict access to parts of the Services without notice or liability.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SERVICES
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THE RESULTS OBTAINED FROM USING THE SERVICES

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCOUT SURVEYS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Cost of substitute services
• Business interruption
• Loss of goodwill or reputation

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and whether we have been advised of the possibility of such damages.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Indemnification

You agree to indemnify, defend, and hold harmless Scout Surveys and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any rights of another party; or (e) your violation of any applicable laws or regulations.

Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Levy County, Florida. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

Informal Resolution

Before filing a claim, you agree to contact us at legal@scoutsurveys.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute through good-faith negotiations within 60 days.

Termination

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice, and without liability. Reasons for termination may include:

• Violation of these Terms
• Fraudulent or illegal activity
• Extended periods of inactivity
• Non-payment of fees
• Behavior that harms or could harm other users or our business

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Scout Surveys regarding the Services and supersede all prior agreements and understandings.

Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes acceptance of the updated Terms.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it in the future.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

Contact Information

If you have any questions about these Terms, please contact us: