Terms and Conditions
By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an oﬀer by Antlere, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.
- 1. Your Account: If you create an account on the Service, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not use Antlere to send unsolicited messages through, but not limited to, Emails or SMS, that could be considered spam, unethical or fraudulent. You must immediately notify Abacus of any unauthorized uses of your account or any other breaches of security by sending an email to firstname.lastname@example.org. Abacus will not be liable for any acts or omissions by You, or any authorized or unauthorized usage of the system through your login by any individuals or organizations, including any damages of any kind incurred as a result of such acts or omissions.
- 3. Fees and Payments: You agree to pay to Abacus any fees for each Service you purchase or use, 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 select through your account management page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
- 4. Process of Renewals: When your current package’s term expires, you will lose access to your account. However, you can renew said package and continue running surveys on that package. Additionally, you can also purchase a new package or update your existing one to ensure access to the system. If a new package is purchased, you will not be able to use the expired package, but you can view it’s results in the History section of the Campaign Manager as long as you have access to Antlere.
- 5. Subscription terms: You acknowledge and agree that you shall be responsible for paying all fees due for the full term of your subscription, whether or not you cancel such subscription prior to the end of such term. On failure to renew your subscription, you will lose access to your account until a renewal is made. Your subscriptions will not automatically renew at the end of its term, but Antlere will notify you in advance with a notification to renew so that you do not lose access to your account.
- 6. Survey Response Limits: As per your selected package, you can view a certain number of responses received. When you purchase a package with its set validity, you will receive all the survey limit at once, meaning there is no monthly-recurring survey limit. Your entire Survey Responses bucket is made available to you from the start. If your package validity ends and you still had unutilized surveys in your bucket, these will be carried on when you renew your package. However, if you buy a new package in place of your existing package, the surveys will not be transferrable. In addition, Response Buckets are also carried on if you upgrade your current package. The same rules are applied for Impact credits and Bucket and Discount Credits and Bucket.
- 7. Top Ups: Based on your need, you can choose to top up your number of responses, Number of IMPACT credits or Number of Discounts Allowed. These transactions 1) are separately charged 2) give you ONLY what you chose, nothing more, unless part of a promotion 3) do not extend the validity of your package past its date of expiration 4) will give you credits that will remain available, if not utilized, when you renew the package they were purchased for.
- 8. Fair Usage Policy for Email Surveys: If you choose to send surveys through Emails, we offer Unlimited Sending. However, based on your package, there are limitations on what that means. To avoid unfair usage of our servers, you can only send out a certain number of emails, which is 10 times more than your Responses limit. E.g.; Basic package has 100 Responses allowed, so you can send out 1000 emails.
This limit however, is not applicable on Share a Link, Over the Counter or Web. You can conduct as many surveys as you need with these mediums, as long as your account with Antlere is Active.
- 9. Payment information: All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in eﬀect when such charges are incurred. You shall pay all applicable subscription fees, including any sales, excise, service, use or other taxes now or hereafter imposed upon or required to be collected by Abacus by any authority in connection with or arising from the Service and/or this Agreement
- 10. Collection and use of customer data: In connection with any Customer Data, you hereby represent and warrant that (a) any personally identiﬁable information about your end users that you provide to Abacus through Antlere was, is, and will be collected with the informed consent of such end users, (b) you have obtained all necessary rights, releases, and permissions to provide such Customer Data to Abacus through Antlere, and (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. Abacus 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 over the Service. You shall be solely responsible for Customer Data and the consequences of using, disclosing, or transmitting it, and you agree that Abacus is only acting as a passive conduit.
- 11. Confidentiality: Abacus 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 Abacus); (b) was lawfully known to Abacus before receiving it from you; (c) is received by Abacus from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by Abacus without reference to your Content. Abacus may disclose your Content when required by law or legal process, but only after Abacus, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.
- 12. Use of your name: You agree that Abacus 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 Antlere, for use in connection with marketing, promoting, and advertising the Service, for use in customer references and case studies involving you, and for use in other activities related to Abacus’ business.
- 13. Changes in Terms and Conditions: Abacus reserves the right, at its sole discretion, to modify or replace any part of this Agreement. While Abacus will notify you by email of any changes made to this Agreement, It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Abacus may also, in the future, oﬀer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Service.
- 14. Changes in Pricing: Abacus reserves the right, at its sole discretion, to increase, decrease or change pricing of any given service in any way. If there is a change in pricing of a certain service, customers subscribed to those service already will not be affected. However, any further purchasing done after these changes are in effect will be committed.
- 15. Fraudulent usage: In the event of Fraudulent usage of your name, organization name, customer information or credit card information to create and use an account, Abacus bears no liability to 1) refund paid subscription charges, 2) provide details to you of an account or its user unless such matter interferes with a legal proceeding, 3) be held responsible for the usage of customer data 4) be held responsible for defamation of your name or organization name in the process of collecting surveys or communicating with customers through Antlere Services. Any such matters will be handles with no liabilities from Abacus.
- 16. Termination; Abacus may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, eﬀective immediately. If you wish to terminate this Agreement or your Antlere account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- 17. Disclaimer of warranties: The Service is provided “as is”. Abacus and its suppliers hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, ﬁtness for a particular purpose and non-infringement. Neither Abacus nor its suppliers, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
- 18. Sentiment Analysis Accuracy: Antlere deploys an AI to detect the sentiment behind customer feedback for further Analysis. While the technology behind this feature is state-of-the-art, it does carry certain limitations. We have experienced up to 80% accuracy in detecting the correct sentiment across various data sets of customer feedback. The results may vary based on the complexity of the feedback itself, or across a variety of data sets. Antlere is not liable for any errors in accuracy resulting from the use of the Sentiment AI. We recommend that while a user does not have to tag the sentiment of every feedback manually, they should go through the manual sentiment setting in Analysis by Tags section to cater to short comings in the AI’s ability to detect the correct sentiment.
- 19. Limitation of liability: In no event will Abacus, or its suppliers, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Abacus under this agreement during the twelve (12) month period prior to the cause of action. Abacus shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- 21. Indemniﬁcation: You agree to indemnify and hold harmless Abacus, its contractors, and their respective directors, oﬃcers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.