If a valid contract exists between you and Bright Answer, those terms take precedence over these Terms. See Section 13.1 for further details.
These Terms may be updated from time to time as explained in Section 13.4. We encourage you to refer to these Terms regularly to ensure your compliance.
1. Acceptance of Terms
Please read these Terms of Service (“Terms”) carefully before using https://brightanswer.ch (the “Website”) or the products or services offered by Bright Answer (the “Services”). Terms take effect when you click an “I Accept” button, through the signing of a contract with us or by accepting an offer made by us to you. You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are agreeing to these Terms for an entity, such as the entity you work for, you represent to us that you have legal authority to bind that entity. For purposes of these Terms, “you” means you and the entity you represent and also refers to any person accessing the Services by any method on your behalf.
2. Description of Bright Answer Services
2.1. Bright Answer OÜ (“we” or “us”) provides the following Services:
a) “Survey Services”, which are the series of proprietary computer software programs developed by us as delivered to you that facilitate and automate the process of conducting surveys and reports (“Software”), products and related systems, security, updates and improvements thereto and support services accessed by you using a web browser.
b) “Professional Services”, which are Services that we perform and/or provide, including the development and/or delivery of certain deliverables (“Deliverables”) specified in an respective contract. Professional Services are purchased on a project basis.
For purposes of these Terms, data includes all survey responses, reports, and any other information input or generated on behalf of you in connection with the Services (“Data”).
2.3 Subject to your compliance with these Terms and your payment of any applicable fees, Bright Answer grants you a non-exclusive, non-transferable, royalty-free, revocable license to use the Services for your own purposes.
2.4 Bright Answer may make modifications to the Services at any time, as it deems appropriate, and in its sole discretion.
4. Your Data
4.1 You own all right, title and interest in all Data. Except as provided in Section 4.2 below, (a) all such Data are deemed Confidential Information (defined below), and (b) will not be utilized by Bright Answer for any purpose other than to perform its obligations under these Terms. You represent, warrant, and covenant that you have and you will obtain all consents necessary for using and processing the Data in accordance with these Terms.
5. Use of the Services
5.1 The Services are designed to be used by you using a modern web browser, operating system, and an Internet connection.
5.2 You are responsible for controlling access to your account, including creating a strong password, protecting that password, and preventing unauthorized account usage or users.
5.3 You are responsible for creating backups of your Data.
5.4 If using the Services to email third parties, you are responsible to ensure that the third parties have opted in to, or otherwise validly consented to, receiving communications from you.
6. Unacceptable Usage
6.1 You are solely responsible for all Data, and are liable for your Data and the manner in which you collect or distribute your Data to third parties. We reserve the right to remove any Data from our Service that we determine is in violation of these Terms.
6.2 We may suspend your account at any time without notice for conduct that violates these Terms. Additionally, if you violate these Terms, you may be subject to legal liability and prosecution.
6.3 The following is a non-exhaustive list of content and use of the Services that are unacceptable and a violation of these Terms:
Use of the Services that violates applicable law:
Reverse engineer or tamper with the security of the Services;
Resell the Services or permit third parties to use the Services without our prior written consent;
Make unauthorized copies of any content in the Services;
Except for legal and valid research purposes, upload Data that contains or contains links to nudity, pornography, adult content, sex, profanity, or foul language;
Upload, send or store malicious software or Data that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not;
Upload Data that infringes any copyrights, trademarks, patents, trade secrets or other intellectual property;
Upload Data that is racist or otherwise extremely offensive to others, including content that aggravates, harasses, threatens, defames or abuses others;
Upload or display Data that exploits images of children under 18 years of age;
Upload binary files or executable code;
Perform vulnerability tests, network scans, penetration tests, or other investigative techniques on our software or Services.
6.4 You must comply with all applicable laws, rules, regulations and/ or guidelines including those governing privacy, data protection and spam. Spam includes, without limitation, unsolicited mass e-mail or other messages, promotions, advertising, or solicitations. You agree not to send email messages to any person that has opted out or otherwise objected to receiving messages from you or another sender on whose behalf you may be acting. In plain words, you agree not to send spam.
6.5 If your use of the Services requires you to comply with specific regulations, you are solely responsible for such compliance, unless we agree otherwise. You may not use the Services in a way that would subject us to those specific regulations without our prior written agreement.
6.6 You may not make the Service available to, or use the Service for the benefit of, anyone other than you or your users. User accounts cannot be shared by multiple individuals, and each individual should have their own user account to use the Services. User means your employees or other personnel who have been issued an individual password or other secured means of accessing the Services.
7. Bright Answer Software
7.1 We own all right, title and interest in and to the Services as delivered, all related Software and technology, and all of our content provided in connection with the Services, including all intellectual property rights in the foregoing. Nothing contained on this Website should be construed as granting any license or right to use any trademark without our prior written permission.
8. Confidential Information
To the extent allowed by law, you agree to indemnify and hold us, and if applicable, our licensors, subsidiaries, affiliates, officers, directors, and employees harmless against any and all claims and expenses, including reasonable attorneys’ fees, arising from the use of the Services. This indemnification expressly includes your responsibility for any and all liability arising from the violation or infringement of copyrights, trademarks or other proprietary rights and from the use of any libelous or unlawful material contained within your Data.
10.1 We reserve the right to suspend or terminate your use of the Website and the Services at any time, without notice, if you are found in violation of these Terms. We will not discontinue providing Services to you without consulting with you prior to the suspension or termination of service.
10.2 Following any termination, Bright Answer will discontinue providing Services, and you will cease using Services. Within thirty (30) days after the end of the Term or termination of this Agreement you will pay to Bright Answer all outstanding undisputed fees due and owing as of the effective date of termination.
11. Limitation of Liability
WE DISCLAIM ANY LIABILITY FOR DAMAGES CAUSED BY OUR SERVICES OR THE CONTENTS OF THIS WEBSITE, UNLESS DUE SOLELY TO OUR INTENTIONAL WRONGDOING. OUR AGGREGATE LIABILITY FOR ANY CLAIM OR DAMAGE ARISING OUT OF OR RELATED TO THE SERVICES OR WEBSITE IS LIMITED TO YOUR DIRECT DAMAGES AND SHALL NOT EXCEED THE FEES YOU HAVE PAID US IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS, LOST DATA, INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE SERVICES, REGARDLESS OF WHETHER WE HAVE NOTICE OF THE POTENTIAL FOR SUCH LOSS OR DAMAGE.
12. Other Terms
12.1 Entire Agreement: These Terms and any other relevant terms in a contract constitute the entire agreement and understanding between you and us. If there is a conflict or contradiction between the provisions of these Terms and any other agreement, the relevant section of the agreement shall prevail in the following order: (1) contract, (2) these Terms (3) other agreements such as verbal or written agreements in e-mail messages.
12.2 Assignment: You are not permitted to sublicense the Services to third parties without our prior written permission.
12.3 Choice of Law: These Terms will be governed by the laws of the Republic of Estonia if not otherwise agreed.
12.4 Modifications to this Agreement: We may modify these Terms at any time by posting a revised version on this website or by sending a message to the email address associated with your account. The modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to use the Services after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. It is our responsibility to inform you about modifications to these Terms. We last modified the Terms on the date listed at the end of these Terms.
12.5 Severability: In the event that any one or more of these provisions should be held invalid, illegal or unenforceable, such provisions will be modified, if possible, to the minimum extent necessary to make them valid and enforceable, or if they cannot be so modified, then severed, and the remaining provisions contained herein will not in any way be affected or impaired.
12.6 Waiver: Our failure to enforce strict performance of any provision of these Terms does not constitute a waiver of the right to subsequently enforce such provision.