PY Insights Survey Terms of Service
LAST UPDATED: October 25th, 2018
PY Insights is operated by Powr of You Ltd ("Powr of You", "PY Insights", "we", "us" and/or "our"), also d.b.a. PY Insights. These PY Insights Terms of Service ("Survey Terms") are “Additional Terms” to the Powr of You Terms of Use or similar document (each, the “TOU”, as applicable) and, together, they and the terms referred therein govern your purchase, acceptance, or use of PY Insights Surveys (“AuthentiQ”, “Surveys”, “surveys” and/or “survey”) and PY Insights Credits (“PY Insights Credits” or “credits”) (PY Insights Surveys and PY Insights Credits, collectively “Survey Services”). Survey Services are a “Service” under the TOU. Capitalized but otherwise undefined terms in these Terms have the meanings given to them in the TOU.
1. Definitions
- “Account” or “account” refers to the PY Insights account you have created to access Services we provide
- “Finished survey response” means where PY Insights invites a Target User (typically via email or mobile app notification) to take your survey and the Target User clicks on the link to the survey, answers all the survey questions that he or she is required to answer and reaches the end of the survey. For the avoidance of doubt, a Finished survey response includes the situation where a Target User has been disqualified from progressing further in a survey because of their response to a survey question which has screened them out from such progression.
- “User” means each person in a panel of survey takers.
- “Purchase” means a purchase of Survey Services.
- “Pro Rata Refund” means a refund of fees paid for a Survey Services purchase, prorated on the basis of the number of Finished survey responses already provided to you, if any.
- “Purchase Specifications” are your Target Segment and the number Finished survey responses you desire.
- “Target Segment” or “segment” means the required criteria selected by you from a list of criteria provided by we.
- “PY Insights Survey” or “AuthentiQ survey” or “survey” means a survey created by you and hosted by PY Insights which you distribute in accordance with these Terms.
- “Target Users” are a set of Users who match the Target Segment specifications.
2. How PY Insights Survey service works
2.1 Creating a survey
If you wish to use PY Insights survey tools to send a survey to Users that match the Target Segment, and meet your Purchase Specifications, you can create the survey on the Service. When you create the survey, you will be shown the pricing for the delivery of your Finished survey responses.
You may then confirm your Purchase Specifications and, if required, add credits to your account in order to make your Purchase. Your submission of a Purchase indicates your acceptance of these Audience Terms.
We will confirm receipt of your Purchase by providing a order confirmation document.
2.2 Survey Approval Process
Upon receiving your Survey request, we will evaluate it, if required, and inform you when the survey is approved and deployed. We evaluate Purchase based on a variety of factors. Some reasons we may be unable to accept your Purchase is because we believe that we have an insufficient number of available Users meeting your Target Segment to deliver the number of finished survey responses that you requested or we believe your Survey does not meet one or more of our policies.
Acceptance of your Purchase is not a guarantee that we will be able to provide the number of Finished survey responses you desire. Any time frames specified are estimates only. Although we will accept your Purchase based on the Target Segment you specified, uncertainties inherent in the User provisioning process and the variability of response rates mean that we do not and cannot guarantee this. Refer to Section 5.2 if we cannot meet your Purchase Specifications.
2.3 Payment
Unless otherwise agreed in a written agreement, you will be required to make payment before you are able to submit a survey for deployment. If you pay by credit card, your credit card on file will be charged at that time to add credits to your Account. The Credits will be applied to pay the fees incurred from your Purchase at that time.
3. Additional Requirements, Limitations, and Restrictions on Survey Services
3.1 Survey Service Requirements
Your survey must comply with any restrictions published on our website at the time you make a Purchase and also meet the following criteria:
(a) Survey content and structure
- Duration.
Your survey must not take Target Users more than 15 minutes, on average, to complete, as determined by us at our discretion. - No collection of contact details.
Your survey may not collect contact information from your Target Users. Contact information includes email addresses, phone numbers, and mailing addresses. - No collection of sensitive information.
Your survey may not collect credit card information, passwords, social security numbers, or similar types of sensitive identifying information from your Target Users. - Prohibited content.
Unless we have given you written approval, your survey may not: (a) relate to alcohol, tobacco, or recreational drug products, if targeted towards Target Users below the legal age limit for consumption; (b) relate to or contain pornography; or (c) violate the Survey Content Policy. - No marketing or recruitment activities.
Our Service is designed to assist our customers perform research. It is not intended to be used primarily to directly market a product, service or concept to survey respondents. Your survey may not request Target Users to complete tasks outside of your survey, including visiting another website, purchasing or subscribing to a product or service, applying for a job, or closing their web browser, unless prior written approval is provided by us.
(b) Survey quality
- Survey respondent complaints.
If we receive negative feedback from Target Users about your survey, we will review such feedback. Your survey may be suspended or cancelled if such feedback reveals that your survey does not comply with this Content Policy. - Poor response rates.
Any particular survey in progress may be suspended or cancelled if we determine that it receives a materially lower response rate than the average survey after it has been launched. We calculate response rates based on the number of Finished Survey responses (including those who may be screened out from a survey) divided by the number of Target Users who begin taking a survey. Abnormally low response rates often indicate a problem with the design of a survey and we may be able to provide you with tips on how to update your survey to improve response rates.
It is your responsibility to ensure that your survey complies with the foregoing requirements before making a Purchase.
Although we may reject your Purchase because your survey does not meet the requirements in this Section, approval of your Purchase does not mean your survey does or will in fact meet all such requirements. Additionally, we reserve the right to refuse to deploy any survey due to it containing content that it, in its sole discretion, regards as inappropriate. In such an event, if the issues with the survey are not or cannot be resolved, your Purchase may be cancelled by us in accordance with Section 5.1.
3.2 Effect of Failure to Meet Survey requirements
If we become aware that your survey does not reasonably meet the requirements set forth in Section 4.1, we will inform you in writing and provide you with the opportunity to modify your survey to remedy the non-compliance. If your survey is already in progress when we reasonably determine that it does not meet the requirements set forth in Section 4.1, we will suspend the deployment of your survey to additional Target Users and provide you with one opportunity to remedy and redeploy your survey. If your survey is not or cannot be made compliant within thirty (30) days of us informing you of such non-compliance, we will have no further obligations to you in relation to your Purchase.
3.3 Responsibility for Survey Content
Notwithstanding any involvement by us in the preparation of your survey content, you agree that you, and not we, will be responsible for the final approval of all content in your surveys. We will not be responsible for any errors or omissions made in your surveys.
3.4 Account Required
Because surveys are deployed using we’s survey platform, you must have a subscription to, or have authorization to use, a PY Insights account in order to use the service. If you do not have access to such an account, you will need to obtain one before making a Purchase.
4. Cancellation and Refunds with Respect to Surveys
4.1 Cancellation of Your Purchase
Once a payment has been made for credits, it is NOT refundable, except in limited circumstances. we may cancel your Purchase at any time without cause, in which case you will be eligible for a refund as described below.
4.2 Refunds and Inability to Meet Purchase Specifications
We will, upon your request, issue you with a Pro Rata Refund of fees you paid for your Purchase if (1) you have remained in compliance with these Terms and policies, and we are unable to collect your desired number of Finished survey responses within a reasonable time frame (from the date on which your survey is sent to Target Users); or (2) we can cancel your Purchase without cause. Notwithstanding the foregoing, no refund shall be available if you alter your survey in any way that has not been approved by us after it (i) has been reviewed by us or (ii) deployed to the Target Users (including altering its questions or the configuration of the collectors used by Survey Services).
4.3 Consumer Customers Located in the European Union
If you are a consumer located in the European Union, you may cancel your purchase by giving us notice within the 14-day period following your purchase and without giving any reason. To exercise the right to cancel, you must inform us at powrofyoucomhelp@powrofyou.freshdesk.com of your decision to cancel this contract or by filling out the cancellation form at https://powrofyou.freshdesk.com/solution/articles/14000093237-european-union-cancellation-policy. If you cancel your purchase pursuant to this section, we will reimburse to you any payments received from you without undue delay and in any event not later than 14 days from the day on which we receive notice of your decision to cancel. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. Notwithstanding the foregoing, if you have received Finished survey responses during the cancellation period, we will issue you a Pro Rata Refund that does not include reimbursement for Finished survey responses you received up until the time we received notice of your decision to cancel. Following cancellation, you will not have any further right to receive your Purchase.
5. Privacy
5.1 Privacy Statement
Your Purchase and use of our Survey Services is subject to (a) our Survey Research Privacy Notice, in which you are a “Panel Buyer”, if the Source of Target User (as defined in Section 7.1) used for your the Survey is part of the Powr of You companies, and (b) the Powr of You Privacy Policy, which also applies to our Survey Services.
5.2 Differing Treatment of Surveys
Please note that your Surveys are treated differently from non-Survey services we’ve created Accordingly, you agree that we may use your Survey responses and other survey data to provide other Survey purchasers with additional targeting criteria so they can target more specific sets of Users. However, other than this use, we do not use your data for its own uses, nor will we directly share actual survey responses with any other purchasers.
6. How do PY Insights Credits work
6.1 Making a PY Insights Credits purchase
By purchasing, accepting, or using Credits, you are prepaying for Survey responses that you may Purchase from time to time. Credits may only be used for such responses and exclude any other products or services offered by we. You must use your Credits within one (1) year of purchase. There is no refund of the purchase amount if the Audience Credits are not used within this period. Audience Credits are non-transferable. Credits do not represent a monetary claim against we, and Credits are not stored value, money, monetary value, or the right to access funds or the value of funds.
We acknowledge that the laws of certain jurisdictions provide legal rights to consumers with respect to expiration dates that may not be overridden by contract or waived by those consumers. If you are such a consumer and such a law applies to this transaction, nothing in these TOU limits any of those consumer rights.
You may check your available balance of Credits in the Billing & Payments section of your account. We reserve the right to correct your Credits balance if we believe that a clerical, billing, or accounting error has occurred.
7. General
7.1 Source of Target Users
Target Users may be sourced by us from a variety of sources and survey panels. Unless otherwise agreed upon by us in writing, the survey panel or panels will be selected at our discretion (“Source of Target Users”). Our selections are intended to closest meet what we understand your Target Segment to be. If we source Target Users from third party providers, we will remain responsible to you for all performance required under these Audience Terms.
7.2 Delivery Disclaimer
We do not represent or warrant that: (a) even if your Purchase is accepted, that you will be able to collect your desired number of finished survey responses in any specified time frame; and (b) Users do, in fact, possess or meet the Target Segment which they have represented to us as possessing or meeting.
7.3 DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED HEREIN OR EXCEPT AS EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN THE PARTIES AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE AUDIENCE, INCLUDING REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR QUALITY OF THE AUDIENCE SERVICE, OR THE ACCURACY OF SUCH SERVICE OR ANY INFORMATION DERIVED FROM THE USE OF SUCH SERVICE.
7.4 Entire Agreement
These Terms and all policies and other documents referenced in these Terms constitute the entire agreement between you and us, and supersede all prior and contemporaneous communications, understandings and agreements relating to the subject matter hereof, whether oral or written. No amendment to or waiver of these Terms is valid unless it is in writing and signed by both you and us.
7.5 Contracting Entity
The PY Insights Survey Service is provided to you by Powr of You Ltd.