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Terms of Use | Qualia Analytics
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Terms of Use

Technology and services provided by Qualia Analytics (“Technology Provider “) together refer to any products (‘Products’) and services (‘Services’) provided. This Terms of Use (‘TOU’) aims to communicate the provision of Services to you and describe how the Services may be accessed and used.

Additional Terms may be a part of your agreement if specified in writing via an original proposal, or as agreed upon in any other written communication. The combination of this Terms of Use (“TOU”) and any applicable Additional Terms are collectively refered to with these ‘Terms’. Your agreement and acceptance of these Terms is indicated by either executing the documents that references them, or by use of the Services. Use of Services on behalf of an organization will implicit that you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, ‘you’ and ‘your’ will refer to that organization.

Please see Services Agreement for additional information. Certain country-specific terms in Section 14.2 may apply to you if you are located outside the United States. Section 15 of these Terms are applicable to you if you operate as a “data controller” within the EU.

1. Fees and Payments

1.1. Fees for Services. You agree to pay to Qualia Analytics any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you specify to Qualia Analytics. Fees paid by you are non-refundable, except as provided in these Terms, or when required by law.

1.2. Taxes. Unless otherwise stated, you are responsible for any taxes (other than Qualia Analytics’ income tax) or duties associated with the sale of Services, including any related penalties or interest (collectively, “Taxes”). You will be paying Qualia Analytics for Services without reduction for Taxes. If Qualia Analytics is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Qualia Analytics with a valid tax exemption certificate authorised by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. Qualia Analytics will not charge you VAT if you provide us with a VAT number issued by a taxing authority in the European Union, are purchasing Services from Qualia Analytics Europe for business reasons, and are located in a different European Union member state from Qualia Analytics Europe. If you are required by law to withhold any Taxes from your payments to Qualia Analytics, you must provide Qualia Analytics with an official tax receipt or other appropriate documentation to support such payments.

1.3. Price Changes. Qualia Analytics may change the fees charged for our Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle. Qualia Analytics will provide you with reasonable prior written notice of any change in fees to give you an opportunity to account for the adjustment, submit a request for exemption, or cancel your agreed service plan before the change becomes effective for you.

1.4. Overage Fees. If a given Service is subject to overage fees, we will inform you ahead of time to ensure awareness that such fees may apply and which conditions these fees would be applied. Unless otherwise stated, any overage fees incurred by you will be billed in arrears on a monthly basis. Overage fees which remain unpaid for 30 days after being billed are considered overdue. In the case where overage fees have been charged, failure to pay when due may result in the applicable Service being limited, suspended or terminated (subject to applicable legal requirements), which may result in a loss of functionality associated with that Service. However, access to data associated with applicable services will not be removed unless deemed appropriate by each stakeholder, such as a case where a mistake can be verified.

2. Privacy

2.1. Privacy. In the course of using our Services, you may submit content to Qualia Analytics (including your personal data and the personal data of others) or third parties may submit content to you through the Services (your “Content”) we provide for you. We know that by giving us your Content, you are trusting us to treat this information appropriately. Qualia Analytics’ Privacy Policy. together with any data use policies, privacy statements and privacy notices (collectively, “privacy policies”), detail how we treat your Content and personal data and we agree to adhere to those privacy policies. You agree that if you as a customer operate as a “data controller”, as defined under the European General Data Protection Regulation 2016/679 (known by the abbreviation “GDPR”), you are in compliance with your obligations, that are shown in additional detail on the correspondent Section 15. It is your responsibility to ensure data privacy.

2.2. Confidentiality. Qualia Analytics will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including our privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by Qualia Analytics); (b) was lawfully known to Qualia Analytics before receiving it from you; (c) is received by Qualia Analytics from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by Qualia Analytics without reference to your Content. It is, therefore, your responsibility to ensure confidentiality.

3. Your Content

3.1. You Retain Ownership of Your Content. You retain ownership of all of your intellectual property rights in your Content. Qualia Analytics does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide Services, and as otherwise described in these Terms. It is, therefore, your responsibility to ensure you retain ownership of your content.

3.2. Limited License to Your Content. You grant Qualia Analytics a worldwide, royalty free license to use your Content for the limited purposes of providing Services to you and as otherwise permitted by Qualia Analytics’ privacy policies. This license for such limited purposes continues even after you stop using Services, though you may have the ability to protect your Content in relation to certain Services. This license also extends to any trusted third parties we work with to the extent necessary to provide Services to you. If you provide Qualia Analytics with feedback about Services, we may use your feedback without obligation. The license you grant Qualia Analytics includes, but is not limited to, the use of your institutional logos and trademarks relevant to the Services you receive in presentations, websites and/or marketing materials.

3.3. Copyright Claims. If you believe that your work has been, or is currently being, used in a way that constitutes copyright infringement, we ask that notify our support team in the first instance before pursuing further action. It is, therefore, your responsibility to ensure copyright has been communicated.

3.4. Other IP Claims. Qualia Analytics respects the intellectual property rights of others, and we expect our users to do the same. If you believe a Qualia Analytics user is infringing upon your intellectual property rights, you may report it to our support team. Claims of copyright infringement should follow the suitable process available under local law.

4. Qualia Analytics IP

4.1. Qualia Analytics IP. Neither these Terms nor your use of Services grants you ownership of our Services or the content you access through Services (other than your own Content). Except as permitted in writing by Qualia Analytics, these Terms do not grant you rights to Qualia Analytics’ trademarks, other brand elements, or any unique solution we have provided to you.

5. User Content

5.1. User Content. Services may display content provided by others that is not owned by Qualia Analytics. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have the rights and permissions needed to use that Content in connection with Services. Qualia Analytics is not responsible for actions you take with respect to your Content, including sharing it publicly. Please do not use content from Services unless you have first obtained permission of its owner, or are otherwise authorised by law to do so.

5.2. Content Review. You acknowledge that Qualia Analytics may review certain content submitted to or collected by our Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, remove, or refuse to display content that we believe violates the law or these Terms. However, Qualia Analytics otherwise has no obligation to monitor or review any content submitted to or collected by our Services. It is, therefore, your responsibility to review all content in advance to its use.

5.3. Third Party Resources. Qualia Analytics may publish links in Products and/or Services to internet websites maintained by third parties. Qualia Analytics does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with Services are the property of their respective owners.

6. Account Management

6.1. Keep Your Password Secure. If you have been issued an account by Qualia Analytics in connection with your use of Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Qualia Analytics, are responsible for any activity occurring in your account (other than activity that Qualia Analytics is directly responsible for, which is not performed in accordance with the Customer’s instructions), whether or not you authorised that activity. If you become aware of any unauthorised access to your account, you should notify Qualia Analytics immediately. Accounts may not be shared and may only be used by one individual per account. It is, therefore, your responsibility to ensure your passwords are kept secure.

6.2. Keep Your Details Accurate. Qualia Analytics occasionally sends notices to the e-mail address registered with your account. You must keep your e-mail address and, where applicable, your contact details associated with your account current and accurate. It is, therefore, your responsibility to ensure your account details are accurate.

6.3. Remember to Backup. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Qualia Analytics will not be liable for any failure to store your contents, or for loss or corruption of your Content. It is, therefore, your responsibility to ensure proper data backup in place.

6.4. Account Inactivity. Qualia Analytics may suspend your account and remove content contained in it if there is no account activity (such as a log in event, survey submission, or payment) for over 12 months, unless it has been previously agreed in writing. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.

7. User Requirements

7.1. Legal Status. If you are an individual, you may only use our Service if you have the power to form a contractual agreement with Qualia Analytics. No Services are intended for use by individuals less than 13 years old. If you are under 13 years old or do not have the power to form a contractual agreement with Qualia Analytics, you may not use our Services. We recommend that parents and guardians directly supervise any use of our Services by minors. It is, therefore, your responsibility to ensure individuals providing data are of appropriate age for your services.

8. Acceptable Uses and Prohibited User Conduct

8.1. Legal Compliance. You must use Services in compliance with and only as permitted by applicable law.

8.2. Your Responsibilities. You are responsible for your conduct, Content, and communications with others while using the Services.

8.3. Regulations Compliance. If your use of Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless Qualia Analytics has agreed with you otherwise. You may not use our Services in a way that would subject Qualia Analytics to those industry-specific regulations without obtaining Qualia Analytics’ prior written agreement. For example, you may not use Services to collect, protect, or otherwise handle “protected health information” without entering into a separate contractual agreement with Qualia Analytics that permits you to do so. 

8.4. Prohibited user conduct. While using our Services, you agree not to engage in any of the following prohibited activities:

  1. Misuse our Services by interfering with their normal operation.
  2. Use, display, mirror, or frame our Services, any individual element within our Services, the Qualia Analytics name, trademark, logo or other proprietary information, or the layout and design of any portion of our Services, unless authorized by Qualia Analytics in express written consent.
  3. Probe, scan, or test the vulnerability of any Qualia Analytics system or network unless authorized by Qualia Analytics in express written consent.
  4. Access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our providers.
  5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Qualia Analytics or any of our providers or any other third party (including another user) to protect our Services. 
  6. Circumvent or attempt to circumvent any limitations that Qualia Analytics imposes on your account (such as by opening up a new account to conduct a survey that we have closed for a Terms violation). 
  7. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through our Services.
  8. Attempt to access or search our Services or scrape or download Content from our Services, or otherwise use, upload content to, or create new links, reposts, or referrals in our Services through the use of any engine, software, tool, agent or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like), other than the software and/or search agents provided by Qualia Analytics or other generally available third party web browsers or search engines.
  9. Send any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation.
  10. Use any meta tags or other hidden text or metadata utilizing our Services or a Qualia Analytics trademark, logo, or URL, unless authorized by Qualia Analytics in express written consent.
  11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing, or transmit links to such software, through our Services.
  12. Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of our Services (including your Qualia Analytics account) or your access to or use of our Services, unless authorized by Qualia Analytics in express written consent.
  13. Stalk or otherwise harass another person or entity
  14. Impersonate or misrepresent your affiliation with any person or entity.
  15. Without limiting any other provision of these Terms, allow any other person or entity to use your Qualia Analytics account. 
  16. Encourage or enable any other individual to do any of the activities prohibited in these Terms.
  17. Reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to our Services or Contents.
  18. Engage in an abusive or excessive usage of our Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of our Services for other users. Qualia Analytics will endeavor to notify you of any usage deemed abusive or excessive and to provide you with an opportunity to reduce such usage to a level acceptable to Qualia Analytics.
  19. Use our Services to infringe on the intellectual property rights of others

9. Suspension and Termination of Services

9.1. By You. You can terminate your Subscription by writing to the administrative team expressing your willingness to terminate the subscription services. The termination will become effective within a period of up to 72 hours and will entail the loss of access and deletion of data stored by Qualia Analytics on your behalf. If you terminate a Service Agreement in the middle of a cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating the Agreement for our breach and have so notified us in writing, or unless a refund is required by law.

9.2. By Qualia Analytics. Qualia Analytics may limit, suspend, or stop providing our Services to you if you fail to comply with these Terms (such as a failure to pay fees when due), or if you use our Services in a way that causes legal liability to us or disrupts others’ use of our Services. Qualia Analytics may also suspend providing our Services to you if we are investigating suspected misconduct by you. If we suspend or terminate the Services you receive, we will endeavour to provide you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where Qualia Analytics may decide that immediate action is required without notice. Qualia Analytics has no obligation to retain your Content upon termination of an applicable Service.

10. Changes and Updates

10.1. Changes to Terms. Qualia Analytics may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Any changes will be posted to the location at which those terms appear. Qualia Analytics may also provide notification of changes via email. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Qualia Analytics to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use our Services you indicate your agreement to be bound by the updated terms.

10.2. Changes to Services. Qualia Analytics constantly changes and improves our Services. Qualia Analytics may add, alter, or remove functionality from a Service at any time without prior notice. Qualia Analytics may also limit, suspend, or discontinue a Service at its discretion. If Qualia Analytics discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. Qualia Analytics may remove content from our Services at any time in our sole discretion, although we will endeavour to notify you before we do that to reduce any material impact on you and if practicable under the circumstances.

11. Disclaimers and Limitations of Liability

11.1. Disclaimers. Except as expressly provided in these terms and to the extent permitted by applicable law, our services are provided “as is” and Qualia Analytics does not make warranties of any kind, express, implied, or statutory, including those of merchantability, fitness for a particular purpose, and non-infringement or any regarding availability, reliability, or accuracy of the services.

11.2. Exclusion of Certain Liability. To the extent permitted by applicable law, Qualia Analytics, its affiliates, officers, employees, agents, suppliers, and licensors will not be liable for any indirect, consequential, special, incidental, punitive, or exemplary damages whatsoever, including damages for lost profits, loss of use, loss of data, arising out of or in connection with Services and these terms, and whether based on contractual agreement, tort, strict liability, or any other legal theory, even if Qualia Analytics has been advised of the possibility of such damages and even if a remedy fails of its essential purpose. Qualia Analytics will attempt to limit liability if such action can be taken without adversely affecting Qualia Analytics, its affiliates, officers, employees, agents, suppliers, and licensors

11.3. Limitation of Liability. To the extent permitted by applicable law, the aggregate liability of each of Qualia Analytics' affiliates, officers, employees, agents, suppliers, and licensors arising out of or in connection with Services and these terms will not exceed the amounts paid by you to Qualia Analytics for use of our Services at issue during the 3 months prior to the event giving rise to the liability.

11.4. Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.

11.5. Businesses. If you are a business, you will indemnify and hold harmless Qualia Analytics and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your use of our Services or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you.

12. Contracting Entity

12.1. Who you are contracting with. Unless otherwise specified in relation to a particular Service, our Services are provided by, and you are contracting with, Qualia Analytics Ltd if you are in the Eurozone, or Qualia Analytics LLC if you are in the United States, Canada, and South America.

12.2. Qualia Analytics LLC. For any Service provided by Qualia Analytics LLC, the following provisions will apply to any terms governing that Service:

  • Contracting Entity. References to “Qualia Analytics”, “we”, “us”, and “our” are references to Qualia Analytics LLC, located in the state of California in the United States of America, with entity number: 201525210104.
  • Governing Law. Those terms are governed by the laws of the State of California (without regard to its conflict of laws provisions).
  • Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in California, and the federal courts located in the Northern District of California with respect to the subject matter of those terms.

12.3. Qualia Analytics Ltd. For any Service provided by Qualia Analytics Ltd, the following provisions will apply to any terms governing that Service:

  • Contracting Entity. References to “Qualia Analytics”, “we”, “us”, and “our” are references to Qualia Analytics Ltd., located in England in the United Kingdom. Registered company number: 08929931
  • Governing Law. This Agreement is governed by UK laws (without regard to its conflicts of laws provisions).
  • Jurisdiction. Except if prohibited by applicable law, in relation to any legal action or proceedings to enforce this Agreement or arising out of or in connection with this Agreement, each party irrevocably submits to the exclusive jurisdiction of the courts of England.

13. Other Terms

Assignment. You may not assign these Terms without Qualia Analytics’ prior written consent, which may be withheld in Qualia Analytics’ sole discretion. Qualia Analytics may assign these Terms at any time without notice to you.

Entire Agreement. These Terms (including the Additional Terms) constitute the entire agreement between you and Qualia Analytics, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.

Independent Contractors. The relationship between you and Qualia Analytics is that of independent contractors, and not legal partners, employees, or agents of each other.

Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.

No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.

Precedence. To the extent any conflict exists, the Additional Terms prevail over this TOU with respect to our Services to which the Additional Terms apply.

Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.

Third Party Beneficiaries. There are no third party beneficiaries to these Terms.

14. Terms for Certain Customers and Countries

14.1. Language. These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.

14.2. Country-Specific Terms. If you are located in one of the following locations, the terms thereunder apply.

Brazil

Additional Responsibilities. If you are younger than 16 years old, you must be represented by your parents or guardians in order to agree to these Terms and to use the Services. If you are aged 16 or 17, you must be assisted by your parents or guardians to agree to these Terms and to use the Services.

Right of Withdrawal. If you are a consumer, you may withdraw your Subscription within 7 days of the date your Subscription first starts by sending us a notice of withdrawal. If you withdraw your Subscription under this Section, the fees you paid for that Subscription will be refunded upon Qualia Analytics’ receipt of your notice of withdrawal.

Consumer Rights. If you are a consumer: (a) statutory warranties provided in the Law No. 8.078/1990 (“Consumer Protection Code”) apply to you despite anything to the contrary in Section 11.1 (Disclaimers); (b) Section 11.2 (Exclusion of Certain Liability) will not apply to you in relation to the damages caused to you due to defects in the Services, as provided by Article 14 of Law No. 8.078/1990 (“Consumer Protection Code”); and (c) Section 11.3 (Limitation of Liability) will not apply to you.

Europe

Right of Withdrawal. In certain European countries, you have a legal right to cancel Subscriptions within a certain period of time. For details, see the country-specific terms for your country and our Subscription Cancellation Policy (Europe only).

France

Overdue Payments. Overdue payments may result in a penalty at an interest rate equal to 3 times the legal interest rate or the statutory minimum rate, whichever is higher. Additionally, the statutory penalty for collection costs may be payable by you in the event of late payment.

Right of Withdrawal. If you are a consumer, starting from the date your Subscription first starts, you have 14 days to exercise your right of withdrawal without cause, provided that you have not benefited from or started to use the Services before the end of that 14 day period.

Media. The limited license you grant to Qualia Analytics under Section 3.2 (Limited License to Your Content) allows Qualia Analytics to exploit your Content in any form and on any medium, including paper or digital media such as hard disks and flash drives, and by any means or process, including by wired, wireless, or online transmission of digitized or analogue data. The duration of such limited license extends only for the legal term of protection of the intellectual property rights attached to your Content.

Warranties. If you are a consumer, statutory warranties and the warranty of merchantability apply to you despite anything to the contrary in these Terms. Any disclaimer of warranties in these Terms does not derogate from any of your statutory warranty rights listed below:

Article R. 211-4 of the French Consumer Code: “In contracts entered into between professionals, on the one hand, and, on the other hand, non-professionals or consumers, the professionals cannot contractually warrant the item to be delivered or the service to be rendered without clearly stating that, whatever the circumstances, the legal warranty binding the professional seller to cover the purchaser against any consequences of faults or hidden defects in the item being sold or the service being rendered, applies.”

Article L. 211-4 of the French Consumer Code: “The seller is required to deliver a product which is conformed to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.”

Article L. 211-5 of the French Consumer Code: “To be in conformity with the contract, the product must: (1) be suitable for the purpose usually associated with such a product and, if applicable: correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; [and] have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling; or (2) have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.”

Article L. 211-12 of the French Consumer Code: “Action resulting from lack of conformity lapses two years after delivery of the product.”

Article 1641 of the French Civil Code: “A seller is bound to a warranty on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.”

Limitation. Section 11.3 (Limitation of Liability) does not apply to you if you are a consumer.

Germany

Right of Withdrawal. If you are a consumer, you may withdraw your contractual declaration within 14 days without giving reasons in text form (e.g. by mail, fax, email). The time period commences upon your receipt of this information notice in textual form, but not before the conclusion of the contract and also not before we have met our information requirements as set forth under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 of the Introductory Act to the German Civil Code and our information requirements under § 312 g paragraph 1, first sentence German Civil Code in conjunction with Article 246 § 3 of the Introductory Act to the German Civil Code. Punctual dispatch of the declaration of withdrawal suffices to observe the withdrawal period. The declaration of withdrawal has to be directed to our customer support team by email to mailto:support@qualiaanalytics.org or through our Help Center.

Consequences of Withdrawal. In the case of a valid withdrawal, the mutually received deliverables shall be returned and any benefits obtained, if any (e.g. interest), shall be handed over. To the extent that you are unable to return or, where applicable, to deliver up the received deliverable and benefits obtained (e.g. use and enjoyment) in whole or in part, or only in a deteriorated condition, you may have to compensate us accordingly for loss of value, if any. This may possibly lead to the result that you will nevertheless have to fulfill the contractually owed payment obligations for the time period until withdrawal. Any obligation to reimburse payments must be fulfilled within 30 days. The period for the payment of costs will begin, in your case, with the dispatch of your declaration of withdrawal and in our case, upon receipt of same.

Special Notifications. Your right of withdrawal expires prematurely if the contractual relationship was fully discharged by both sides at your explicit request before you have exercised your right of withdrawal.

Termination for Breach. A failure to comply with these Terms must be material, repeated, or persistent before Qualia Analytics may exercise its right of termination under Section 9.2 (By Qualia Analytics).

Specific Works. Qualia Analytics is not obliged to create any specific works for you.

Liability Provisions. Sections 11.2 (Exclusion of Certain Liability) and 11.3 (Limitation of Liability) do not apply and are replaced with the following: “Qualia Analytics’ liability to you for damages caused by slight negligence will, irrespective of its legal ground, be limited as follows: (a) Qualia Analytics will be liable up to the amount of foreseeable damages typical for this type of contract for a breach of material contractual obligations; and (b) Qualia Analytics shall not be liable for a breach of any non-material contractual obligations nor for the slightly negligent breach of any other applicable duty of care. The foregoing limitations of liability, as well as any other limitations of liability contained in these Terms, will not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. Additionally, such limitations of liability will not apply if and to the extent that Qualia Analytics has assumed a specific guarantee. The foregoing shall apply accordingly to Qualia Analytics’ liability to you for futile expenses. You are obliged to take adequate measures to avert and reduce damages.”

Japan

Privacy Disclosures. You agree that you are responsible for notifying the respondents of any surveys that you create through the Services about how Qualia Analytics may use the respondents’ survey responses and personal data as described in the Privacy Policy and obtaining a prior consent for disclosing personal data to Qualia Analytics from the respondents of your surveys.

Liability. Sections 11.2 (Exclusion of Certain Liability) and 11.3 (Limitation of Liability) shall not apply in relation to the damages caused by the willful misconduct or gross negligence of Qualia Analytics, its affiliates, officers, employees, agents, supplier, or licensors.

Korea

Right of Withdrawal. If you are a consumer, you may withdraw your Subscription within 7 days of the date your Subscription first starts (or the date a copy of these Terms are made available to you, if later), provided that you have not benefited from or started to use the Services before the end of that 7 day period. If you withdraw your Subscription under this paragraph, the fees you paid for that Subscription will be refunded within 3 business days of receiving your notice of withdrawal.

Assignment. Despite anything to the contrary in these Terms, if you are a consumer, we will provide you with advance notice of assignment and an opportunity to terminate these Terms as required by Korean law.

Luxembourg

Survival. Sections of these Terms which are expressly stated to survive its termination will not survive indefinitely, but survive for a period of 30 years.

15. GDPR Terms for Customers in Europe

15.1 Definitions. These terms apply to you if you are a customer of Qualia Analytics, Ltd. operating as a “data controller” (as defined in the GDPR) in order to use the Services.

When “personal data”, “data subject”, “processing” and “processor” are mentioned in the terms below, the meaning of those terms corresponds to that given in the GDPR.

15.2 Effective date. These terms apply from 25 May 2018.

15.3 Processing Instruction. Your agreement to the Terms and Qualia Analytics’ privacy policies provides us your instructions and avail to process on your behalf any personal data collected by you while using the Services.

15.4 Customer obligations. You shall ensure and hereby warrant and represent that you are entitled to transfer personal data to Qualia Analytics who may lawfully process it and transfer the personal data in accordance with these Terms. Whenever you are providing personal data on data subjects you shall ensure that they have been informed of, and have given their consent to, such use, processing, and transfer, as required by data protection laws. You have sole responsibility for the accuracy, quality and legality of personal data processed by Qualia Analytics in the provision of the Services.

15.5 Qualia Analytics obligations. Qualia Analytics ensures that the processing of personal data on your behalf will:

  1. Only process the data on your documented instructions and in accordance with applicable law, including with regard to transfers of personal data to a third country or an international organization, and the parties agree that these terms and the Qualia Analytics privacy policies constitute such documented instructions;
  2. Ensure that Qualia Analytics staff involved in the processing of personal data have committed themselves to confidentiality;
  3. where applicable to you and where it is technically feasible, make available information necessary for you to demonstrate compliance with your obligations under Article 28 of the GDPR, where such information is held by Qualia Analytics and is not otherwise available to you through your account and user areas. Qualia Analytics will require at least a 14 days written notice in advance the information request;
  4. At all times and upon receiving your request immediately destroy all extracts and copies received from the client and/or data relating to the client which is processed on behalf of the client, in compliance with applicable laws and regulations. Copies that are routinely made for the sole purpose of disaster recovery and business continuity will be deleted no later 9-12 months after data is deleted from an account;
  5. up to an extent where we are reasonably able to, assist you as reasonably required (at your expense) where you wish to conduct a data protection impact assessment involving the Services.

15.6 Qualia Analytics sub-processors. Qualia Analytics uses trusted partners in facilitating certain elements of our Services (“sub-processors”). By agreeing to these Terms, you provide a general authorization to Qualia Analytics to engage onward sub-processors, subject to compliance with the requirements set out here.

15.7 Liability. Qualia Analytics will be liable for the acts and omissions of its sub-processors to the same extent Qualia Analytics would be liable if performing the services of each of those sub-processors directly under these Terms, except as otherwise set forth in these Terms.

15.8 Security Measures and incidents. Qualia Analytics has implemented appropriate technical and organizational measures to ensure a level of security appropriate to the risk of unauthorized or unlawful processing, accidental loss of and/or damage to your personal data and as specified in this Security Statement which is incorporated by reference into these Terms. At reasonable intervals, Qualia Analytics tests and evaluates the effectiveness of these technical and organizational measures for ensuring the security of the processing.

If Qualia Analytics becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data, Qualia Analytics will notify you within 72 hours of becoming aware of the Incident. Qualia Analytics provide cooperation with investigations related to the security Incident with preparing any required notices and provide any other information that is reasonable to be requested with the purpose of the resolution of the incident, where such information is not already available to you in your account or online through updates provided by Qualia Analytics.

15.9 Audits. You will allow one month for Qualia Analytics to respond to any audit request which you make. No person/party conducting an audit on your behalf, shall be, or shall act on behalf of, a competitor of Qualia Analytics (“Auditor”). You will only be entitled to conduct an audit once per year (during the course of a 12 month subscription) unless otherwise legally compelled or required by a regulator with established authority over you to perform or facilitate the performance of more than 1 audit in that same year (in which circumstances you and Qualia Analytics will, in advance of any such audits, agree upon a reasonable reimbursement rate for Qualia Analytics’s audit expenses). The scope of an audit will be as follows (unless you are compelled by a regulator with authority over the processing activities involving the Services to vary this format for audit):

  1. Qualia Analytics agrees, subject to any appropriate and reasonable confidentiality restrictions, to provide evidence of any certifications and compliance standards it maintains and will, on request, make available to you an executive summary of Qualia Analytics’s (or Qualia Analytics affiliate’s) most recent penetration tests, which summary shall include remedial actions taken by Qualia Analytics resulting from such penetration tests.
  2. The scope of the certifications and penetration tests provided will be limited to Qualia Analytics systems, processes, and documentation relevant to the processing and protection of personal data undertaken for the Services obtained by you, and Auditor will conduct audits subject to any appropriate and reasonable confidentiality restrictions requested by Qualia Analytics.
  3. You will promptly notify and provide Qualia Analytics with full details regarding any perceived non-compliance or security concerns discovered during the course of an audit.

The parties agree that, except as otherwise required by order or other binding decrees of a regulator with authority over you, this section sets out the entire scope of your audit rights as against Qualia Analytics.

15.10 International Transfer. Qualia Analytics Ltd. may rely for some specific services on standard contractual clauses for data transfers to other third parties based in countries outside the European Economic Area, the United States, or countries that do not have adequate levels of data protection as determined by the European Commission. To the extent applicable, you appoint Qualia Analytics as your agent for purposes of entering into any standard contractual clauses for such purposes on your behalf under these Terms.