Ambivista Terms of Use

Last updated: June 1, 2020

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the www.ambivista.com website (the “Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Services

Ambivista (“Ambivista” or “We”) provides the service (“Service(s)”) of research, data collection, data warehousing, website hosting, data analysis, and reporting.

For the purposes of these Terms, “You,” “User,” and “Users” also refers to any person accessing the Ambivista Service by any method either on your behalf or on behalf of the contracting entity (“Licensee”).

For the purposes of these Terms, content includes any questions, responses, panels, and other (“Content”).

License

Your license. Ambivista grants You a worldwide, non-exclusive, non-transferable, royalty-free, revocable license to use the Services, subject to the payment of any applicable fees associated with the provisioning of the Services.

Ambivista’s license. You grant Ambivista a worldwide, royalty-free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you. This limited license shall remain in effect even after You discontinue use of the Service. This limited license is also granted to any trusted third parties Ambivista works with to the extent necessary to provide the Services.

Fees

Fees for services. You agree to pay to Ambivista 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 and terms as noted within your Statement of Work. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify Ambivista of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

Fee adjustment. Ambivista reserves the right to adjust the fees charged to you for the Services at any time, provided that the change will only become effective at the end of the then-current billing cycle.

Overage fees. Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees which remain unpaid for 15 days after being billed are considered overdue. Failure to pay overage fees 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 your data associated with that Service.

Ambivista Intellectual Property

Ambivista retains all right, title, and interest in the Services and content as delivered. Your use of the website and/or Services do not grant You any license or right to use any trademark or other brand elements without the prior written permission of Ambivista.

Your Content

Your ownership. You retain ownership, title, and interest in all your intellectual property rights in your Content. Ambivista makes no claim of ownership to your Content.

User content. The Services display content provided by others that is not owned by Ambivista. Such content is the sole responsibility of the entity that makes it available. As such, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Ambivista is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content on the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.

Content review. Ambivista may modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, Ambivista has no obligation to monitor or review any content submitted to the Services.

Copyright and IP claims. Ambivista respects the intellectual property of others. If you believe that your intellectual property is being used in a way that constitutes copyright infringement, you may report it to support@ambivista.com.

Customer lists. Ambivista may identify you (by name and logo) as an Ambivista customer on any of Ambivista’s websites and on other promotional materials.

Accounts

Accuracy. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

Password security. You and you alone are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party.

Notification of breach. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Backups. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Ambivista will not be liable for any failure to store, or for loss or corruption of, your Content.

Account inactivity. Ambivista may terminate your account and delete any Content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to provide payment so that it remains active.

Acceptable Use

Legal compliance. You must comply with any and all applicable federal, state, and local laws and regulations applicable to your use of the Service. Ambivista Services are to be used for legitimate research purposes by Users and survey respondents.

Unacceptable Use. You are strictly prohibited from engaging in any of the following actions:

  1. Attempts to reverse engineer, deny service to others, access through non-standard interfaces, or otherwise interfere with the operation of the Services or their delivery.
  2. Purchase, use, or access the Services for the purposes of building a competitive product or service or for any other competitive purposes.
  3. Perform any form of probing, scanning, or vulnerability testing on the Service or the Ambivista.com website or any of its affiliate websites, without the prior written authorization of Ambivista.
  4. Extract or scrape data, whether through automated or manual means, from the websites or interfaces used to make our Services available, without the prior written authorization of Ambivista.
  5. Transmit viruses, malware, malicious software, or links to such software.
  6. Engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Ambivista will attempt to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Ambivista.
  7. Use of the Service for Infringement, or promotion of infringement, of the intellectual property rights (including but not limited to copyrights, trademarks, patents, trade secrets) of others.
  8. Resell or lease your account, without the prior written authorization of Ambivista.
  9. Use the Service in a manner that is abusive, or upload content that is racist, sexist, or extremely offensive to others, or designed to harass, threaten, or defame others.
  10. Upload of content or links to content, except for valid research purposes, of nudity, adult content, nudity, pornography, sex, or profanity. 

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Ambivista.

Ambivista has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Ambivista shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Service will immediately cease.

If you wish to terminate your account, you may simply discontinue using the Service and/or submit a request to support@ambivista.com. Upon processing, your account will be deactivated and your data subject to deletion. You may also request complete account deletion through your account management page. Any prior payments made are non-refundable, however future billing will cease.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Changes

Changes to terms. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The most current version will always be posted on the Ambivista website. If an amendment is material, as determined at Ambivista’s sole discretion, Ambivista will notify you by email. Notice of amendments may also be posted to Ambivista’s resource center. Changes will be effective no sooner than the day they are publicly posted. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Changes to services. Ambivista constantly changes and improves the Services. As such, Ambivista may add, modify, or remove functionality from a Service it provides to you, at our sole discretion, at any time without prior notice. Ambivista may also limit, suspend, or discontinue a Service provided to you at its discretion. If Ambivista discontinues a Service, we will make all attempts to give you reasonable advance notice to provide you with an opportunity to take appropriate action.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AMBIVISTA OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE OF THE SERVICES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF AMBIVISTA, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICE, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICE TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION ALSO APPLIES TO PREMIUM SERVICES.

Entire Agreement

These Terms constitute the entire agreement between You and Ambivista with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms. These Terms create no third party beneficiary rights.

Contact Us

If you have any questions about these Terms, please contact us via support@ambivista.com.