Terms and Conditions

These Terms of Use ("Terms") constitute an agreement between the customer ("you" or "user") and RubidiumData OÜ, located at Järvevana tee 9, 11314 Tallinn, Harju maakond, Estonia (the "Company", "We"). These Terms apply to access and use of an account (the "Account") on the survey-tool service "Verbatim", offered by the Company ("Service" or "Services"). By using Services and further accepting to avail the Services, you agree to accept and comply with these Terms. You should read, understand and accept the entire Terms. If you do not accept and agree to these Terms, you should avoid accessing or using the Services.

1. Users of the Services

The Services are provided exclusively to individuals who are at least 13 years of age. Minors between 13-17 years must have obtained parental or legal guardian consent before participating in any survey. The Services are provided exclusively to real persons. Participation by "bots" or automated methods is not authorized and such responses will be rejected. Each user is solely responsible for all responses and interactions provided through the Services.

2. How the Survey Process Works

Survey Access: You will receive a magic link via email to access a specific survey. This link is unique to you and should not be shared with others.
Conversational Interface: Once you click "Start Survey," you will interact with our AI-powered chatbot through voice or text responses. The AI will engage in a back-and-forth conversation to capture detailed responses to survey questions.
Survey Completion: Once the interview is complete, the conversation will automatically close and you will no longer be able to send additional responses unless you choose to retake the survey.
Retaking Surveys: If permitted by the survey administrator, you may start a new interview by clicking "New Interview" in the side panel, which will begin a fresh survey session.

3. Authorized use of the Services

You agree not to use your access to the survey or the Services for any illegal or prohibited activities. Unauthorized activities include, but are not limited to:

Disrupting the Company's networks and servers in your use of the Services;
Providing false, misleading, or fraudulent responses;
Accessing/sharing/downloading/uploading illegal content, including but not limited to Child Sexual Abuse Material (CSAM) or content related to CSAM;
Infringing upon or violating the intellectual property rights of the Company or a third party;
Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating or discriminating against anyone based on gender, sexual orientation, religion, ethnicity, race, age, nationality or disability;
Sharing your unique survey link with unauthorized third parties;
Attempting to manipulate or game the survey system;
Attempting to access, probe, or connect to computing devices without proper authorization;
Using the survey platform to distribute malicious content or attempt phishing;
Participating in surveys with malicious intent or providing responses designed to harm or deceive;

Any user found to be engaging in unauthorized activities may be immediately removed from current and future surveys.

4. Content

Your Responses: You provide input to the Services through your survey responses, including voice recordings, text responses, and any other information shared during the conversational interview ("Survey Data").
Ownership of Survey Data: Your survey responses belong to the organization or researcher who commissioned the survey. By participating, you grant the survey administrator rights to use your anonymized responses for their stated research or business purposes.
No use of content: The company will not use any of your content to maintain, develop, or improve our Services. Your content is your own. All improvements done to the Services by the Company are based on development independent of the Content.
Voice and Text Data: When you interact with our AI chatbot, your voice recordings and text inputs are processed to generate survey responses. This data is handled in accordance with our Privacy Policy.
Accuracy of output: You are responsible for providing truthful and accurate responses during surveys. While our AI system works to capture your responses accurately, you should speak clearly and correct any misunderstandings during the conversation.
AI Limitations: The conversational AI may not always perfectly capture your intended responses.

5. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we handle and protect your personal data and survey responses. By participating in surveys, you also agree to our Privacy Policy.

6. Intellectual Property

All materials used within the Services, including the conversational AI interface, are the property of or licensed to the Company and are protected by copyright, trademark, and other applicable laws.

The survey questions and content are owned by the respective survey administrators who commission the surveys through our platform.

7. Limited warranties and liability

The Company does not make any warranty about the perfect accuracy of response transcription or the complete reliability of the Services, despite best efforts. The Service is provided "as is" and "as available," without warranty of any kind.

The Company is not responsible for how survey administrators use the collected data, beyond ensuring compliance with stated privacy and data protection requirements.

8. Indemnification

You agree to indemnify and hold the Company harmless from any claims arising from your survey participation, including false or defamatory statements made during survey responses.

9. Jurisdiction, Applicable Law and Language

These Terms shall be governed by the substantive laws of Estonia. Any disputes shall be subject to the jurisdiction of the competent courts of Estonia.

For consumer users residing in the United States of America, binding arbitration provisions apply as detailed in Section 9.1 below.

9.1. Binding arbitration agreement and class action waiver

These Terms and Conditions contain a class action waiver as well as an arbitration provision, which requires you to arbitrate any claims (with certain exceptions) you may have on an individual basis.

Arbitration on an individual basis means that you will not have, and that you waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity in any forum, as described in more detail below. You have the right to opt out of arbitration and/or the class action waiver, as explained below.

10. Miscellaneous

These Terms do not affect your statutory rights or your legal rights, if any, as a consumer.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section.

Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.

We may assign these Terms in whole or in part.

These Terms (and other terms incorporated by reference herein) represent the entire agreement between you and us in connection with your use of your Account or the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and the Company with respect to your Account or the Services.

If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.

In case of discrepancy between the English version of these Terms and any translated version, the English version shall prevail.

Within the limits of applicable law, the Company reserves the right to review and change these Terms at any time. As long as you are using your Account or the Services, you are responsible for regularly reviewing these Terms. Continued use of your Account or the Services shall constitute your consent to them. The latest Terms will apply going forward and to any dispute or issue arising after the Terms have been updated.

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