Terms of use of Zync Free Surveys

Please read these terms carefully. To use our web or mobile app you have to accept these terms.

IMPORTANT PRIVACY NOTICE

The use of our app and web component is supported by mobile advertising. When you accept these terms and begin using either of them Google will start presenting selected adverts to you, based on your profile and other identifier and tracker information used by Google. We cannot control this therefore you have to understand Google's policies before using our app, which can be found here.

Google allows you to opt out of seeing personalised ads.

The free version of our app may not function if you disable adverts.

For people accessing surveys: the person setting up the survey is responsible for ensuring that any personal data collected is used in accordance with data protection and privacy laws. Please ensure that they respect your rights when using your personal data.

This page (together with any other pages referred to in it) contains the terms and conditions (the "Terms") on which we make our app and the website components (the "App") available to you. Please read these terms and conditions carefully and make sure that you understand them before using the App. You agree that as soon as you begin to use the App you will be bound by these Terms.

You should keep a copy of these Terms for future reference.

Also, by clicking on the button marked "I Accept" at the end of these Terms (which is a pre-requisite for using the App) you signify your acceptance of them. If you do not accept these Terms you will not be able to use the App.

If you are a business or you wish to use this App for commercial purposes or financial gain then please contact us.

  1. Who we are
    1. This App (and related services) is provided by Zedware Ltd, a company incorporated in United Kingdom under company number 12245911 with its principal place of business at 20-22 Wenlock Road, London, England, N1 7GU.
  2. When can you use the App and fees
    1. You may use the App at any time provided you abide by our Terms. However, we do not guarantee that the App will always be available or that it will function error free.
    2. We reserve the right to suspend or withdraw the App without warning and at our sole discretion at any time for technical, security or organisational reasons and if we do so we will not be responsible for any data loss or for your incomplete use of the App.
    3. Our app is under constant development therefore features may evolve and change or even be withdrawn at any time.
    4. We do not charge you for the use of the App. The App is funded out of advertising revenue therefore your use of the App is dependent on accepting our inclusion of adverts (see our privacy notice above).
    5. We reserve the right to change these Terms at any time. If we do so then your use of App in the future may be dependent on you accepting those new Terms.
  3. App availability and Restrictions
    1. Your use of the App is subject to the following:
      1. you may only use it for your personal use and you may not share your login and password with anyone nor may you transfer your use of the App to anyone else,
      2. you are given a limited, revocable and non-transferrable right to use our App solely for the purposes of creating surveys,
      3. you must comply with all privacy and data protection laws,
      4. any information you provide must be accurate and complete (this includes who you are and your contact details), and
      5. use as part of a business is not permitted and you may not derive any direct or indirect financial or other commercial gain from using our App.
    2. Where the App allows you to post or request information then you agree to abide by the following (which is not an exhaustive list), namely to:
      1. not offend, abuse, bully or otherwise intimidate or harass any person or group of people,
      2. not to create, post or upload any discriminatory, offensive, illegal, obscene or pornographic content,
      3. infringe the rights of any third party (including using material which you do not own or have the right to use),
      4. not to copy, use, refer to or otherwise disseminate any other user's postings, comments or information without that person's consent, including use outside of our app, and
      5. where you refer to anyone or ascribe any information to them that you have their permission to do so and to identify that person.
    3. Where the App allows you to contact third parties and invite them to participate or receive information then you agree that:
      1. you have the permission to contact those users via our App which includes using and sharing their personal data with us so that we may contact them on your behalf,
      2. you will respect their privacy and rights, and
      3. if any person does not wish to receive any communications or participate in what you are doing then you will immediately stop communicating with them, remove them from any surveys and delete all their personal data.
    4. The following uses are expressly forbidden:
      1. any unsolicited communications (including sending spam) or commercial marketing purposes, whether directly or indirectly,
      2. any disguised marketing or deceptive practices, or
      3. the promotion of any personal, political or ideological views which are in support of any party or organisation or which are likely to offend a significant number of people.
    5. We may terminate or suspend your use of the App at any time and without warning if any of the following occur:
      1. we believe that you are or are likely to ignore any of the above or your use of the App is or is likely to breach any applicable laws, including any privacy and data protection laws, or
      2. we have received a complaint about your use of the App, the content and nature of any data and/or communications.
    6. Where we suspend or terminate your account or any of your activities then we will endeavour to investigate the issue but reserve the right to uphold that suspension or termination if we believe it is appropriate to do so or until such time as you have independently resolved any related disputes with others users or third parties.
  4. Our use of your data
    1. You agree that we may use any data you provide in order to support and enable your use of the App. As the provider of the data and the creator of any surveys you are responsible for ensuring that you comply with all data protection and privacy laws. Under data protection laws (principally, the General Data Protection Regulations or GDPR) you are the "data controller" and we are the "data processor".
    2. It is your responsibility to ensure that you are allowed to use our App to store and process any personal data relating to other people.
    3. We will ensure that:
      1. we only process personal data as instructed by you (namely, to enable the surveys),
      2. we will not transfer any personal data outside of the EEA (apart from our use of AWS – see below) to host and process the surveys
      3. all our staff will be subject to a duty of confidentiality in accessing any personal data;
      4. we will implement appropriate technical and organisational measure to ensure a level of security appropriate to the risk (including unauthorised access, loss and the integrity of the personal data);
      5. assist you (at your cost) in complying with your duties as a data controller;
      6. when you terminate your account or at any time you request it, delete and/or return any personal data to you; and
      7. provide you with such information as you need in order to demonstrate our compliance as a data processor with the data protection laws.
    4. In using the App we will collect the following information about you:
      1. your name, login, e-mail address and any other contact information you provide to us,
      2. your activity and use of our App (including the number and type of surveys created/published and also completed log in frequency),
      3. on our website we use cookies to enable the App to function; and
      4. if requested as part of the survey, the GPS location at the time of the survey.
    5. We may from time to time send you e-mails about our App. You may opt out of these e-mails in the settings page of the App.
    6. We will not share your data with anyone else but Google will collate data about you when presenting targeted adverts to you (see our privacy notice above).
    7. In providing the App we make use of Amazon Web Services (AWS) within the EEA. AWS’s data protection policies can be found here. Your use of App is therefore conditional upon agreeing to AWS’s policies.
  5. Our liability to You
    1. If we fail to comply with these Terms then we will be responsible for loss or damage you suffer which is a foreseeable and direct result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage which is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by both of us at the time we entered into these Terms.
    2. We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or re-sale purposes, and as such we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. We do not in any way exclude or limit our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation; or
      3. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
    4. Subject to the above, we limit our total liability to you to £100.
  6. Notices and communications
    1. If you have any questions about our privacy policy or our use of your data please contact us at Devonshire Business Centre, Works Road, Letchworth Garden City SG6 1GJ.
    2. All notices given by you to us must be given to us at the address stated above or via or www.zyncfreesurveys.com or by e-mail to support@zedware.co.uk. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that your letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee and that the recipient's mail service confirmed receipt.
  7. Law and jurisdiction
    1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Terms or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
  8. Important note on copyrighted material
    1. Purchasing or legally acquiring images does not always give you the right to share that material with third parties over the Internet - please check the extent of the rights you acquired.

      You should only use photo galleries for files that you have the legal right to share with others.You do not have the right to share files unless you own the copyright in them or have been given permission by the copyright owner to share them. Purchasing or legally acquiring images does not give you the right to share that material with third parties over the Internet.

      If you have any doubts about whether you have the legal right to share images, you should not share them. By using images in surveys you represent that they do not violate our Terms of Service and that you own all copyrights to them or have been given permission by the copyright owner to share them. We have adopted a policy of terminating the accounts of users who repeatedly infringe copyright or whose accounts are subject to multiple infringement allegations. If you repeatedly share files that infringe others' copyrights, your account will be terminated.

      If any claims are brought against us by the owner of the material as a result of you uploading that material then you agree to compensate us for any loss or harm we suffer as a result. If we receive a notification that your material infringes the intellectual property rights of a third party then we reserve the right to take down that material until such time as you resolve any dispute with that third party.

All Third-Party Libraries Copyright (c) Their Respective Owners