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Terms Of Service

Terms of Service

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If a valid master agreement exists between you and EABT, those terms take precedence over these Terms unless otherwise agreed by the Parties in relation to a specific Order.

EABT Terms of Service (“Terms”) These Terms may be updated from time to time as explained herein. We encourage you to refer to these Terms regularly to ensure your compliance.

Acceptance of Terms

Please read these Terms carefully before using www.eabusinesstimes.com (the “Website”) or the products or services offered by EABT (the “Services”). These Terms take effect when you click an “I Accept” button or checkbox presented with these Terms or when you use any of the Services or Website, whichever occurs first. 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 on behalf of an entity, 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.

Description of EABT Services

Subscription 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, polls, intercepts, and reports (“Software”), products and related systems, security, updates and improvements thereto, and support services accessed by you using a web browser and the Internet. Subscription Services are specified in a valid ordering document executed by you and EABT (an “Order”) and are purchased on an annual or multi-year basis as set forth in an Order; and

Professional Services”, which are Services other than Subscription Services that we perform or provide, including the development and delivery of certain deliverables (“Deliverables”) specified in an Order. 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 your behalf in connection with the Services (“Data”).

Subject to your compliance with these Terms and your payment of any applicable fees, effective upon the execution of an applicable Order, EABT grants you a non-exclusive, non-transferable, royalty-free, revocable license to use the Services for your own internal business purposes.

EABT may make modifications to the Services at any time in its sole discretion.

Fees

You will pay us those fees and charges specified on the applicable Order. You are responsible for all applicable taxes on the fees and charges paid by you, including any and all sales, use, and value-added taxes, but not any taxes imposed on EABT’ income.

You are responsible for paying any fees you incur for exceeding limits on responses or users or otherwise on your account.

Your Data

You own all right, title, and interest in all Data. Except as provided in the following paragraph, all such Data are deemed Confidential Information (defined below) and will not be used by EABT for any purpose other than to perform its obligations under these Terms. You represent, warrant, and covenant that (i) you have obtained or you will obtain all consents necessary, and (ii) that you have appropriate legal bases under applicable data protection laws  for using and processing the Data in accordance with these Terms.

You hereby grant to EABT a non-exclusive, worldwide, royalty-free, fully paid up, sublicensable (directly and indirectly), transferable, perpetual, and irrevocable license to anonymize and aggregate the Data and use such anonymized and aggregated data (“Usage Data”) for our business purposes. We will own all right, title, and interest in Usage Data. Usage Data will not include personally identifiable information and will only be used on an aggregated basis with similarly anonymized data of other EABT customers. Usage Data will not be considered your Confidential Information.

Use of the Services

The Services are designed to be used through a supported modern web browser and an Internet connection.

You are responsible for controlling access to your account, including by creating a strong password, protecting that password, and preventing unauthorized account usage.

You are responsible for creating backups of your Data.

If using the Services to email third parties, you will ensure that the third parties have validly consented to receive communications from you or you have a valid legal basis for contacting such third parties.

Some Services may be subject to additional terms specific to those Services as set forth in our Service-Specific Terms, which are incorporated herein to the extent applicable.

Unacceptable Usage

You are solely responsible and liable for all Data and the manner in which you collect or distribute Data to third parties. We reserve the right to remove any Data from our Service that we determine is in violation of these Terms. If Data contains personal data, including special categories of personal data or personal data related to criminal convictions and offences, related to EU citizens, you shall ensure that any such personal data is collected and processed in accordance with applicable data protection law, including the General Data Protection Regulation (“GDPR”).

We may suspend your account at any time without notice for conduct that violates these Terms.

Additionally, you will comply with the Acceptable Use Policy.

You must comply with all applicable laws, rules, regulations, and guidelines, including those governing privacy, data protection, and spam. Spam includes 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 are acting. In plain words, you agree not to send spam.

If your use of the Services requires you to comply with specific regulations, you are solely responsible for such compliance, and you will not use the Services in a way that would subject us to those specific regulations without our prior written agreement.

You may not make the Services available to, or use the Services 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. A “user” means your employee or other personnel who has been issued an individual password or other secured means of accessing the Services on your behalf.

 

Revised November 26, 2018

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