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End-User License Agreement

Legal Compliance

You must use "the Services" in compliance with, and only as permitted by, applicable law. The use of our Services in conjunction with other tools or resources in furtherance of any of the unacceptable uses described herein is also prohibited.

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Your Responsibilities

You are responsible for your conduct, Customer Data, and communications with others while using the Services. You must comply with the following requirements when using the Services. 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.
 

(a) You may not use the Services to commit an unlawful activity; use the Services for activities where use or failure of the Services could lead to physical damage, death, mental harm, or personal injury.
 

(b) You may not provide any person under the age of 13 with access to the Services.
 

(c) You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.
 

(d) 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.
 

(e) You may not circumvent or attempt to circumvent any limitations imposed on your account (such as by opening up a new account to create or distribute a survey, form, application, or questionnaire that we have closed for a violation of our terms or policies).
 

(f) Unless authorized in writing, you may not probe, scan, or test the vulnerability or security of the Services or any system or network.
 

(g) Unless authorized , you may not use any automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.
 

(h) You may not deny others access to, or reverse engineer, the Services, or assist anyone else to do so, to the extent such restriction is permitted by law.
 

(i) You may not store or transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
 

(j) You may not use the Services to infringe the intellectual property rights of others.
 

(k) Unless authorized in writing, you may not resell or lease the Services.
 

(l) 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 Epiphany360 has agreed with you in writing otherwise. You may not use the Services in a way that would subject Epiphany360 to those industry-specific regulations without obtaining prior written agreement.
 

(m) We may offer content like images or video that are provided by third parties. You may use that material solely in your survey content. Epiphany360 may modify or revoke that permission at any time in our sole discretion. In using such material, you may not imply that your surveys are affiliated with or run or endorsed by any company, product, brand or service depicted in that material unless you have obtained their permission.

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Phishing and Security

We strive to protect the security of all our users. We take specific measures to ensure respondents are not misled by surveys or forms used for fraudulent or malicious purposes. We will suspend any use of the Services which come to our attention that:

  • attempts to collect social security numbers, credit card numbers (other than solely for collecting payment through an authorized payment processor as permitted by the Services), passwords, or other similar types of sensitive information;

  • publishes a person’s sensitive identifying information against their wishes;

  • is intended to deceive or mislead respondents, including by linking to websites with malicious software such as malware;

  • knowingly and artificially boosts or inflates a website or webpage’s search engine ranking; or

  • hosts content that is downloadable, live-streamed, or merely intended to solicit clicks to other sites.


 

Privacy and Impersonation

Users provide responses and information with the expectation that their information will be handled respectfully and not abused. Accordingly, you are responsible for complying with all applicable data protection laws and regulations with respect to any data that you submit to or collect through our Services.

  • We encourage you to disclose your privacy practices when you use the Services and, if you do, we require you to act in accordance with those practices.

  • You may not claim that a survey or other use of our Services is anonymous when it is not.

  • You may not impersonate others when using the Services or collecting information.


 

Spam

We treat our users’ email addresses and mobile numbers with respect and expect our users who collect email addresses and mobile numbers to do the same.

  • Emails you send via the Services must have a valid reply-to email address owned or managed by you.

  • Texted survey invitation messages you send via the Services must have a valid reply “Stop”. All recipients of these text messages must have provided you consent in accordance with applicable law.

  • We prohibit the use of harvested mailing lists.

  • We prohibit the use of third-party, purchased, or rented mailing lists unless you are able to provide proof that individuals on the list have opted-in to receiving emails of the type you will be sending them.

You must not use the Services to send emails with deceptive subject lines or false or misleading header information.

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Violence and Hate Speech

We remove content and may report information related to that content to law enforcement authorities if we become aware of, or believe that, a genuine risk of harm or threat to public safety exists.

  • Our Services may not be used to directly or indirectly threaten or attack others, or to organize or incite violence, harassment, or property damage.

  • Our services may not be used for hate speech, or to promote or fund such acts. Examples of hate speech include attacking or advocating for the abuse or exclusion of people based on their ethnicity, national origin, political or religious affiliations, gender, sexual orientation, genetic predisposition, disability, medical or physical condition, veteran status, or any other protected classes under applicable law.

  • 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 others.

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Pornography and Offensive Graphic Material

Nudity, pornography and gore do not have a legitimate place in our Services. 

  • You may not include gratuitous graphic violent material or pornography in connection with the use of our Services.

  • 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 responses.


 

How to Report Policy Violations

If you identify content which you believe is in violation of this policy, you may file an abuse report. Please include the URL of the survey or form at issue.

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