Terms of Use
These Terms of Use ("Terms") govern your access to and use of Probova (the "Service"), a survey-building and data-collection platform. By creating an account, taking a survey hosted on the Service, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Who may use the Service
You must be at least 18 years old to create an account. By creating an account you represent that the information you provide is accurate and that you are legally able to enter into these Terms. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to it.
2. Accounts
- You are responsible for safeguarding your password and for all activity under your account.
- Notify us promptly of any unauthorized use of your account.
- You may delete your account at any time from your profile page. Account deletion is permanent; see the Privacy Policy for what happens to your data.
3. Your content and your participants' data
You retain all rights to the surveys you build, the files you upload, and the responses you collect ("Your Content"). You grant us a limited license to host, store, process, display, and transmit Your Content solely as needed to operate the Service.
You are the controller of the data you collect through your surveys. You are responsible for having a lawful basis to collect it, for obtaining any consents your participants must give (including informed-consent requirements that apply to human-subjects research and approvals from any applicable review board), and for honoring participants' rights in the data you collect.
4. Acceptable use
You agree not to use the Service to:
- collect data unlawfully, deceptively, or without any required consent;
- collect government identifiers, payment-card data, or health data subject to special legal regimes, unless you are legally entitled to and have configured appropriate safeguards;
- upload or distribute malware, or attempt to probe, breach, or disrupt the Service or other users' data;
- impersonate any person, or misrepresent your affiliation;
- send spam or unsolicited bulk communications;
- infringe the intellectual-property or privacy rights of others.
We may suspend or terminate accounts that violate these rules, where practical with notice.
5. Service availability and changes
We work to keep the Service available and your data safe, but the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We may change, suspend, or discontinue features with reasonable notice where practical. You are encouraged to export your data regularly.
6. Limitation of liability
To the maximum extent permitted by law, Probova and its operators shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill, arising from your use of the Service. Our total liability for any claim arising out of these Terms or the Service is limited to the greater of the amount you paid us in the twelve months before the claim or one hundred US dollars. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
7. Indemnification
You will indemnify and hold harmless Probova and its operators from claims arising out of Your Content, your surveys, your collection or use of participant data, or your violation of these Terms.
8. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access for material violation of these Terms, for legal compliance, or if the Service is discontinued. Upon termination, sections that by their nature should survive (including ownership, disclaimers, limitation of liability, and indemnification) survive.
9. Governing law
These Terms are governed by the laws of the State of Texas, USA, without regard to conflict-of-law rules, and disputes shall be resolved in the state or federal courts located in Texas, except where the law of your place of residence grants you non-waivable rights and venue.
10. Changes to these Terms
We may update these Terms from time to time. Material changes will be announced on this page with an updated date, and where required by law, by additional notice. Continued use of the Service after a change takes effect constitutes acceptance.
11. Contact
Questions about these Terms can be sent to the operator through the contact email published on the Service's homepage or account pages.