Terms of Services

Terms and Conditions of Service

Introduction & Scope.

Welcome, these are the Terms and Conditions of Service (hereinafter, the “Terms“) for our platform known as “MonoSurveys”, available via the URL www.monosurveys.com (the “Site”). This is a legal engagement which sets out the terms and conditions by which the MonoSurveys team (hereinafter referred to as “MonoSurveys”) will provide services to you or to the legal entity you represent “you“, “your“, and/or “yourself“.

The terms “us“, “its“, “ours“ and/or “we“, as used herein, shall refer to us, MonoSurveys and/or our affiliates, assignees, successors and/or brands. These Terms shall supplement our Privacy Policy (the “Policy”), incorporated herein by reference.

User Agreement & Acceptance.

By accessing our Site, you are agreeing to be bound by these Terms, which constitute a legally binding user agreement, along with any and all applicable laws and regulations.

By using our Site, you represent and warrant that you:

are of legal age or legal capacity in your jurisdiction;
agree to all of the terms and conditions stated herein; and
have the right, power, and authority to bind yourself to these terms and conditions.

You hereby acknowledge and covenant to abide by and comply with any applicable federal, state and local rules and regulations applicable to your use of our services. If you do not agree with any of these Terms, you are thereby prohibited from using or accessing the Site.

The Site’s accessibility to the user is solely provided for the user’s individual benefit. In order to use the functionalities and services provided, you will need to register for an account with us, thereby disclosing certain proprietary information, along with personally identifiable information.

Services Offered.

MonoSurveys provides, operates and manages a platform which offers its users the opportunity to participate in surveys on the web. Users can register for free in our Site and they can provide certain personal information, which will be processed and anonymized by our platform in order to match the anonymized results with our market research companies. If there is a match, the user will be able to click on the invitation URL link for the survey.

If selected, users may fill the questionnaires on the link and then answer the survey. When users answer to the surveys they earn a monetary amount, to be indicated by us from time to time. When users reach the minimum payout amounts (to be indicated by us from time to time) they can withdraw their funds to a third party payment processing platform (e.g. PayPal), or redeem their balance on a gift card.

All users have the right to refrain from the conduction of surveys. If a survey response is found to contain invalid and/or untrue information, in such case the user will not be rewarded and recurring occurrences may result in account cancellation.

The surveys, the payment processing platforms and the gift card systems are all provided by third party platforms, which have their own privacy policies and terms of use. Please take a look at them before answering any survey. We make a point that their privacy policies and terms of use will be the ones to rule over their service provision, and not the ones of MonoSurveys.

We may offer additional functionalities through the Site, as indicated from time to time. All of the aforementioned services provided by MonoSurveys via the Site will be collectively referred to as the “Services”.

Gift Card Program.

Balances, gift cards and others rewards are not transferrable to other users. You may redeem points you have earned for gift rewards pursuant to these Terms and any applicable third party terms and conditions. Please take not that gift cards may be limited and time-constrained. Gift cards may be awarded on a first-come, first-serve and while-supplies-last basis. If you attempt to redeem gift points and the market research company determines that the rewards is no longer unavailable, out of stock, or for whatever reason cannot be provided to you, they may, at their sole and absolute discretion, provide you with another type of reward of equal or greater value.

There will be no credit, reversal, or refund of gift cards points issued for any reason.

User accounts that have not been logged into for more than six months or that have no accrued any rewards of gift cards may be deemed inactive by MonoSurveys and such account closed without prior notice. In such case, if the account had still any remaining balance, the user will have only thirty days to contact us and request their balance.

Any points in our gift card programs that have not been redeemed for two years from the time such points were earned or awarded may be deemed expired and removed from your account by MonoSurveys without prior notice.

If you choose to participate in a survey, after successfully following the instructions associated therewith, and upon satisfying all of the requirements indicated by both MonoSurveys and the third party provider, the user will be awarded the points associated with completing that survey. There may be limitations on surveys and other rewards, so please be sure to review all applicable terms and conditions before deciding whether or not you would like to participate in any survey.

Users may also be invited by email to certain surveys, with the email including specific information about the possible rewards and the nature of the survey.

Account Registration, Verification and Safety.

In order to use our Services, you must create an account, including all mandatory fields on the registration form. You must provide accurate and complete information, and you hereby agree to keep secret the password chosen upon creating your account and not to communicate it to anybody.

If you lose or disclose it, you must promptly inform us. You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach or unauthorized use of your account.

Service Eligibility.

MonoSurveys does not provide its Services to persons under the age of eighteen (18). Users under the age of eighteen (18) may not register an account with us, even with the express, unequivocal consent of their legal guardians. We do not knowingly host or distribute personal information or other data of persons under the age of thirteen (13).

Accordingly, we reserve the right to request any and all applicable proof of identification and consent proof from our users, at any moment, without prior notice, and at our sole and final discretion. Upon the failure to provide such proof of age, we reserve the right to immediately freeze, block or cancel the account, with no liability.

User Support.

If you have any questions or complaints regarding the Site or our Services, please contact us by email as indicated on our contact web page. We will undertake commercially reasonable efforts in order to answer as quickly as possible. You must provide us with full details of your service query so that we can clearly asses your concerns.

Please keep in mind that you need specific computer equipment, Internet connection, on-site power and network infrastructure in order to connect to, use and access our Services, for which we are not responsible.

User Code of Conduct.

As our user, you agree not to undertake, motivate, or facilitate the use or access of the Site or the Services in order to:

Infringe these Terms, or allow, encourage or facilitate others to do so.
Plagiarize and/or infringe on the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
Republish, sell, rent or sub-license content or materials from the Site without our authorization.
Reproduce, duplicate or copy material from the Site without our authorization.
Distribute, post or otherwise make available any content that:
1. infringes on or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other);
2. enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group;
3. endangers children and underage persons;
4. is or allows illegal or fraudulent activities to take place;
5. is or may constitute a criminal or capital offense or otherwise infringes on any applicable law;and/or
6. is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
Use any automated or manual process to obtain, copy, process, access and/or use our Site or Services or any part therefrom to capture unauthorized data or content, for any purpose.
Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from MonoSurveys or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.
Use the our Services to disseminate any type of computer viruses, worms, defects, trojan horses or other items of a destructive nature.
Undertake any action that will or may cause an unreasonable load on MonoSurveys’ and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from MonoSurveys.
Intercept or monitor activity via our Site or Services, without our express authorization.
Otherwise reverse engineer, decompile or extract the proprietary code of the Site and our Services.

Content Moderation.

MonoSurveys encourages users to report violations of our Terms. Each user is solely responsible for their activities and any content posted, transmitted or otherwise made available via our Services.

Our Services may incorporate interactive discussion forums, bulletin boards, review services or other types of public forums in which you or your users may post user generated content (e.g. reviews, messages, videos, selfies, posts and other content).

The Internet is not an anonymous means of communications, thus we cannot guarantee the confidentiality of any content that you provide to us via the Services. Each piece of content that you post is intended for public review, and except for content expressly marked as private, most user generated content that you share with us will result in such content being made publicly available for users in our Site and other third party websites, including search engines and social media sites. Not all content can be marked as private.

MonoSurveys has the right, but not the obligation, to monitor any user activity and ‘user generated content’ (e.g. names, photos, posts, feedback, images, comments, questions and other content) to determine compliance thereof, and to edit, refuse to post or remove any material or content submitted to or posted on our Services that we find to be in violation of our Terms of Use, Privacy Policy or that is otherwise objectionable.

You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the MonoSurveys and our Services.

We reserve the right (but not the obligation) to monitor disputes between you and other of our users, but not with suppliers.

No Spam Policy.

We reserve the right to screen any user generated content to locate and delete any spam or deceiving coupon, code, offer or link to any product or service. We will not tolerate, and we will not allow others to undertake though our Services or Site, any and all massive delivery of unsolicited bulk communications to our users or to any third party.

Any commercial electronic communication that you receive from us our partners, licensors, suppliers and affiliates will require your prior consent to such communication. Our commercial communications will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.

Account Suspension & Termination.

MonoSurveys encourages you to report violations of our guidelines and Terms. Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension/termination, at our sole and final discretion, without notice and without responsibility.

We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use our platform, or if you suspect a breach of security or unauthorized use of your account.

Newsletter, Opt-out.

The Site will allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletter, you may receive information according to your user preferences. As our user, you will receive a conspicuous communication indicating your subscription thereof, and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our electronic communications, and also in your account preferences.

User Licenses.

User Generated Content License. You hereby grant MonoSurveys a limited, non-exclusive, sub-licensable, assignable, royalty-free, temporary, revocable, for all the countries and territories through the world, right and license to use, host, store and use any content you may upload, disseminate, deliver, create or transfer any post, original audio file, message, chat, files uploaded, data inputted, e-mails sent, or otherwise any content delivered to MonoSurveys via the Site or the Services. This license is limited for MonoSurveys to effectively perform its communication Services on behalf of its users. You represent and warrant to MonoSurveys that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to MonoSurveys as set forth herein.

Limited Authorization. MonoSurveys grants you a limited, non-exclusive, revocable, royalty free and non-transferable license to utilize and access the Services. You are prohibited from duplicating, re-engineering, reverse-engineering, modifying or otherwise using the Services, in whole or in part. MonoSurveys does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit any downloaded Services and computer applications, in whole or in part.

Feedback License. You hereby grant MonoSurveys an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any suggestions, feedback, recommendations, comments and know how that you provide to MonoSurveys regarding the Site and Services.

Proprietary Rights.

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site and the Services are the property of or otherwise are licensed to MonoSurveys and its licensors and affiliates, whether acknowledged (or not), and which are protected under intellectual property laws, including copyright laws and treaties and other jurisdictions throughout the world.

Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in the Site or our Services, in whole or in part.

You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Site and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.

We kindly inform you that MonoSurveys takes copyright infringement matters seriously, and is ready to remove any allegedly or factually infringing content displayed on the Site upon due notice and request by the title holder.

The following procedure will apply for any content displayed through the Site that allegedly infringes the intellectual property rights of you or of any third party. You must notify us of your claim with subject: "Takedown Request". Once received, MonoSurveys will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another’s copyright, MonoSurveys may delete it, disable or otherwise stop displaying it.

Your notification claim must be in writing and must at least contain the following information:

your signature and identification, or the ones the person authorized to act on behalf of you or the title holder;
a clear and concise description of the content of which its copyright has allegedly been infringed;
contact information (e.g. address and email); and
a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.

Given our business model, our affiliates, advertisers, partners and third party syndicated content providers may be adversely affected due to a Takedown Notice. Accordingly, upon receipt of any such notice, we will try to contact the content owner or webmaster of the affected site to uphold their right to a counter claim notice

To file a Counter Claim Notice, please contact us in writing, and with a counter claim notice containing the following information, at a minimum:

express identification of the content that we may have or have removed from our Site and section or domain it was displayed;
contact information, such as your address and your email address;
a signature and identification of the title holder and/or the person authorized to act; and
a statement indicating that you swear, under penalty of perjury, that you have a good faith belief that the information provided in the counter claim notice is true and accurate.

No Endorsement.

The images, texts, posts, information, photographs and other content and media displayed on or through the Site and our Services are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our ultimate and complete scope. Some or all of the images shown in the Site are licensed and/or purchased stock photos, and are only shown for illustration purposes. Some or all of the content displayed in the Site is undertook by external third parties, and does not reflect MonoSurveys’ opinions, nor do MonoSurveys, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.

You acknowledge and agree that MonoSurveys shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. Each registered user is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.

Third-party Websites and Content.

From time to time, our Site and Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third-party websites (or their products and services). Please review the applicable terms and policies of such websites, including their privacy and data collection practices.

We may place ads and promotions from third-party sources in the Site. Accordingly, your participation or undertakings in promotions of third-parties other than MonoSurveys, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third-party. MonoSurveys is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

Changes to the Services.

MonoSurveys reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the Site and the Services, at any time and without notice. Any changes will be displayed on the Site, and we may also notify you by email. As a general rule, we will try to not diminish the functionalities available to your Service tier, and in the case of increased or newly available functionalities, we will inform you before their activation, including the timeframe to accept new payment terms.

Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

Service Level Agreement.

For technical inquiries, please contact our tech support team. Notwithstanding the foregoing, some of the Services and functionalities of the Site are offered by third party platforms such as Amazon Web Services. Accordingly, any and all functionalities of the Site are subject to their terms and conditions and Service Level Agreements, available online for your reference.

User Privacy.

By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.

User Representations and Warranties.

You hereby represent, warrant and covenant that:

your use of our Site and Services, and all your uploaded and used data shall be at all times compliant with these Terms and all local, state, federal and international laws and regulations applicable to you and your organization;
you have obtained all necessary rights, releases and permissions to provide any data to MonoSurveys and its affiliates, licensors and agents; and to grant the rights granted to MonoSurveys in these Terms, including without limitation any intellectual property rights or rights of publicity, privacy and any use, collection and disclosure authorized.

Term, Termination.

The term hereof shall begin on the date that comes first among:

first access to the Site;
your first access or execution of our Services; or
MonoSurveys begins providing its Services to you.

The term hereof will automatically end on the earlier date of either your:

account deactivation, suspension, freezing or deletion;
access termination or revocation for our Services;
MonoSurveys’ termination of these Terms, at its sole and final discretion;
the termination date indicated by MonoSurveys to you from time to time; or
MonoSurveys’ decision to make the Site or the Services no longer available for use, at its sole and final discretion.

Termination for Cause by MonoSurveys.

These Terms, along with any and all licenses granted hereof may or will automatically terminate if you breach any of the terms and conditions contained herein. Upon termination for breach, your rights to use our Site, our Services and any information provided or generated thereby shall cease and you shall not be entitled to any compensation, credit, remedy or refund of any nature. In this case, please contact our support department in order to initiate the process of receiving a backup copy of your user data, if any, subject to the terms and conditions of our providers, such as Amazon Web Services.

Disclaimer of Warranty.

To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind. MonoSurveys, and its affiliates, clients, agents, representatives, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment.

In no event shall MonoSurveys, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the Site or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not MonoSurveys, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

Limitation of Liability.

If a user suffers loss or damage as a result of MonoSurveys’ negligence or failure to comply with these Terms, any claim by such user against us will be limited in respect of any one incident, or series of connected incidents, to the fees paid by such user in the previous three (3) months or the amount of direct loss or damage suffered by the customer, whichever is less.

These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnification.

You shall indemnify, hold harmless, and defend MonoSurveys, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “MonoSurveys’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such MonoSurveys’s Indemnitees arising out of or relating to:

any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by MonoSurveys); and/or
any third party claim arising out of or in relation to MonoSurveys or use thereof in combination with your business platform, including without limitation, any claim that MonoSurveys violates, infringes, or misappropriates any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.

General Terms.

Assignment. These Terms will inure to the benefit of any successors of the parties. Any rights not expressly granted herein are thereby reserved.

Entire Agreement. These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by both parties.

Equitable remedies. You hereby acknowledge and agree that if these Terms are not specifically enforced, MonoSurveys will be irreparably damaged, and therefore you agree that MonoSurveys shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.

Force Majeure. MonoSurveys shall not be liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond our reasonable control, including but not limiting to, government mandated lockdowns or business interruptions, insurance carrier mandated lockdowns or business interruptions, electronic, power, mechanic or Internet failure.

Language. These Terms may be translated into other languages, but the English version shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.

Newsletters. The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletters, you may receive information according to your subscriber preferences. As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.

No Embargo. You hereby represent and warrant that:

you are not located in a country that is subject to an international government’s embargo, or that has been designated by any nation’s government as a “terrorist supporting” country; and
you are not listed on any government’s list of prohibited or restricted parties or activities.

No Waiver. Failure by MonoSurveys to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship. You and MonoSurveys are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Notices. All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or:

personal delivery to the party to be notified;
when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day;
five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or
one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt. Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures.

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.

Taxes. You are responsible for complying with all tax obligations associated with your account, including any type of income tax provisions for taxable income incurred due to any surveys taken, rewards earned, and gift cards awarded. It is important that you keep complete and accurate contact details in order for us to remit invoices, especially payment processing account details. MonoSurveys will not provide any type of tax or financial advice to any user, and we encourage you to consult with a specialist in your jurisdiction.

Dispute Resolution.

Applicable Law. You agree to submit to the applicable laws in the Republic of Finland, which will govern these Terms and any claim, without regard to conflict of law provisions.

Forum. For the application of this arbitration agreement, and of other matters appertaining these Terms, the parties hereto agree to submit to the personal jurisdiction of the Pirkanmaa District Courts, Tampere, Republic of Finland. If you reside in a country of the European Union other than Finland, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of Finnish law, particularly consumer protection laws.

Contact.

If you have any questions or comments about us, our Site, our Terms and/or this Policy, please contact us at:

Date of last effective update is September, 2020