Sibyl Terms of Use

Last Updated 05/17/2018

Please read these Terms of Use (“Terms”) carefully before using www.sibylsurveys.com (the “Website”) or the products or services offered by Signet Research DBA ‘Sibyl’ (the “Services”). The Services are owned and operated by Signet Research Inc. DBA ‘Sibyl’ (“Sibyl”). Terms and all other operating rules, policies (including Sibyl’s Privacy Policy) and procedures that may be published from time to time on this Site by Signet Research DBA ‘Sibyl’ (collectively, the “Agreement”) take effect when you click an “I Accept” button or checkbox presented with these Terms or, if earlier, when you use any of the Services or Website.

By agreeing to these terms, you represent to us that you are not a minor and are lawfully able to enter contracts. 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 the purpose of these Terms of Use, “you” is meant to represent you personally, the entity you represent, and also any other individual using the Services on your behalf.

These Terms may be updated/modified from time to time. Users should refer to these Terms regularly to ensure compliance.

Our Services

Signet Research Inc. DBA ‘Sibyl’ (“we” or “us”) provide a “Subscription Service”, in which our web software facilitates the process of conducting surveys, data analysis, and reporting under an Application Service Provider (ASP) model.

Your Account

You are responsible for maintaining the security of your account.

You are responsible for any and all activities or actions taken under, or in connection with the account. You must not use Sibyl to send unsolicited messages that could be considered spam. You must notify Sibyl of any unauthorized uses or security breaches of your account. Sibyl is not liable for any acts or omissions by you. Sibyl is not liable for any damages of any kind incurred as a result of such acts or omissions.

Acceptable Use

The following lays out constraints and practices that you agree to by using our services:

Your Data

You own all right, title and interest in all Data imported or created by you under your account. Sibyl does not own this data. Sibyl may only use certain Customer Data in accordance with our Privacy Policy.

You hereby grant to Sibyl a non-exclusive, worldwide, royalty-free, sublicensable (directly and indirectly), transferable, perpetual and irrevocable license to anonymize and/or aggregate the Data (“Usage Data”) for our business purposes, including but not limited to deriving statistical, usage data, and other data related to the functionality or improvement of the Services, developing and making available other products and services, and sharing such data with our affiliates.

You are solely responsible for the accuracy, legality, reliability, and intellectual property right to collect and/or use Data and shall obtain and maintain all consents necessary for collecting, processing, or otherwise using the Data in accordance with this Agreement.

You hereby represent and warrant that:

(a) Any personally identifiable information about your end users that you provide to Sibyl was, is, and will be collected with the informed consent of such end users.

(b) You have obtained all necessary releases, and permissions to provide such Data to Sibyl.

(c) the collection, use, and disclosure of such information by you does not violate any laws or rights of any third party, including without limitation any Intellectual Property Rights, rights of privacy, or rights of publicity, and is not inconsistent with the terms of any applicable privacy policies.

Sibyl takes no responsibility and assumes no liability for any Customer Data that you or any other User or third party provides, posts, publishes or transmits using the Services.

You shall be solely responsible for Customer Data and the consequences of using, disclosing, or transmitting it, and you agree that Sibyl is only acting strictly as a data processor.

Fees and Renewals

If you choose to use paid elements of the Services, you agree to the terms of sale and pricing structure. Sibyl may add new services for additional fees and charges, or change fees and charges for existing services, at any time in its sole discretion.

You agree that you shall be responsible for paying all fees due for the full term of your subscription, regardless of whether or not you cancel such subscription prior to the end of such term. You further acknowledge and agree that the term of your subscription shall automatically renew for additional successive terms equal to the period of your initial term, unless you provide Sibyl with notice of your intent not to renew your subscription at least thirty (30) days prior to the end of the then-current subscription term.

You hereby authorize us to charge your Payment Method for any fees and charges owed by you to Sibyl. You can change your Payment Method by reaching out to our Customer Success team.

If a due payment is not successfully completed we may suspend your access to the service until we have obtained complete payment. When you update your Payment Method, you authorize us to continue charging the updated Payment Method, and you remain responsible for any uncollected amounts. You are responsible for all applicable taxes on the fees paid by you.

You shall pay each invoice issued by Sibyl by the due date listed on the applicable invoice. Any amounts not paid when due shall bear interest at the rate of one and one-half percent (1.5%) per month or the maximum rate allowed by law, whichever is less.

Refunds

If you cancel your subscription for any reason, you will not receive a refund or exchange for any unused time, fees or usage on a subscription, any license or subscription fees for any portion of the Services, or for anything else.

Intellectual Property

Sibyl owns all rights and interest in and to the Services as delivered, all related Software and technology, and all of our content provided in connection with the Services, including all intellectual property rights in the foregoing. This Agreement does not transfer from Sibyl to you any Sibyl or third party intellectual property. Your use of the Services grants you no right or license to reproduce or otherwise use any Sibyl or third-party trademarks.

You agree that Sibyl may use your name, logo, or any other identifying words or marks used by and/or associated with you to identify you as a customer of Sibyl, for use in connection with marketing, promoting, and advertising the Services, for use in customer references and case studies involving you, and for use in other activities related to Sibyl’s business.

Security

Sibyl will maintain appropriate technical and organizational measures to protect your Data from accidental destruction, loss, alteration, unauthorized disclosure, unauthorized access, and unauthorized transfer.

However, you acknowledge that Sibyl is a self-service product and you are sole owner and controller of your account. You are responsible for controlling access to your account, including creating a strong password, protecting that password, and preventing unauthorized account usage or users.

Confidentiality

Both Sibyl, and You (our customer) agree to use all reasonable efforts, including appropriate technology and industry practices, to ensure the confidentiality, integrity and security of all Confidential Information. We maintain a comprehensive Privacy Policy.

Termination

Sibyl reserves the right to suspend or terminate your use of the Website and the Services at any time, without notice, if you are found in violation of these Terms. Sibyl may terminate your access to all or any part of the Services at any time, with or without cause, and with or without notice.Any and all provisions of this Agreement which by their nature should survive termination, shall survive termination, including ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Following any termination, you will be responsible for, and pay to Sibyl all outstanding undisputed fees due and owing as of the effective date of termination.

Disclaimer of Warranties

EXCEPT AS SPECIFICALLY PROVIDED ABOVE, LICENSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO SIBYL™, INCLUDING ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL LICENSOR BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SIBYL™ OR DOCUMENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL LICENSOR'S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE PAID. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED.

Limitation of Liability

Sibyl, its suppliers and/or licensors, disclaim any liability for damages caused by our Services or the contents of this website, unless due solely to our intentional wrongdoing. Our aggregate liability for any claim or damage arising out of or related to the services or website is limited to your direct damages and shall not exceed the fees you have paid us in the one (1) month period immediately preceding the event giving rise to such claim. In no event shall we be liable for lost profits, lost data, interruptions of business, or any special, incidental or consequential damages arising out of the use of or inability to use this website or the services, regardless of whether we have notice of the potential for such loss or damage.

General Representation and Warranty

You represent and warrant that (i) your use of the Service will be in strict accordance with the Sibyl Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

To the extent allowed by law, You agree to indemnify and hold Sibyl, and if applicable, its contractors, licensors, subsidiaries, affiliates, directors, officers, employees and agents, harmless from and against any and all claims and expenses, including reasonable attorneys’ fees, arising from the use of the Service, including but not limited to your violation of this Agreement. This indemnification expressly includes your responsibility for any and all liability arising from the violation or infringement of copyrights, trademarks or other proprietary rights and from the use of any libelous or unlawful material contained within your Data.

Modifications to this Agreement

Sibyl reserves the right, at its sole discretion, to modify or replace any part of this Agreement at any time by posting a revised version on this website or by sending a message to the email address associated with your account. The modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to use the Services after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. It is your responsibility to check this website regularly for modifications to these Terms. Sibyl may also, from time to time, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall, at all times, be subject to the terms and conditions of this Services.

Miscellaneous

This Agreement constitutes the entire agreement and understanding between Sibyl and You concerning the subject matter hereof. Any other terms, conditions, or policies from any other agreements, such as purchase orders, written communications, or oral communications, are null and void.

These Terms will be governed by the laws of the State of New York and the United States without regard to conflicts of law provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods or the Uniform Computer Information Transactions Act (UCITA). The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the New York state, and United States federal, courts located in New York, and both parties irrevocably consent to personal jurisdiction of such courts and waive all objections thereto.

In the event that any one or more of these provisions should be held invalid, illegal or unenforceable, such provisions will be modified, if possible, to the minimum extent necessary to make them valid and enforceable, or if they cannot be so modified, then severed, and the remaining provisions contained herein will not in any way be affected or impaired and will remain in full force and effect.

Our failure to enforce strict performance of any provision of these Terms does not constitute a waiver of the right to subsequently enforce such provision.

This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.