These Terms and Conditions govern the contracting and use of the encuesta.com platform.
The owner and service provider is:
WEBTOOLS, S.L.
Tax ID (NIF): B-84794122
Registered address: Paseo de la Castellana 85, 8th floor, 28046 Madrid, Spain
Contact email:soporte@encuesta.com
encuesta.com is a SaaS platform that allows its users to create, manage, distribute and analyze online surveys, as well as access the results obtained through the platform, in accordance with the features included in each service plan.
These Terms and Conditions govern:
The contracting or use of encuesta.com implies acceptance of these Terms and Conditions, as well as the Privacy Policy and, where applicable, the relevant data processing agreement.
If the user does not agree with these Terms, the user must not use or contract the service.
encuesta.com provides software as a service (SaaS).
Access to the platform does not imply the transfer to the user of any ownership rights over the software, technology, code, design, documentation or any other elements owned by WEBTOOLS, except for the limited right of use governed by these Terms.
In order to use certain features of the service, it may be necessary to create a user account and provide certain registration details.
The user agrees to:
The user shall be responsible for the activity carried out through their account, unless the user proves that such activity occurred without their involvement and without negligence on their part.
WEBTOOLS may adopt reasonable measures to suspend, block or restrict access where it detects improper, unlawful, fraudulent use or use contrary to these Terms.
encuesta.com may offer free, trial or paid plans, with different features, usage limits or pricing conditions.
The characteristics, features and prices in force for each plan shall be those published at any given time on the website or set out in the relevant proposal, quotation, order or specific agreement accepted by the customer.
Unless expressly agreed otherwise:
WEBTOOLS may modify its prices for future contracts or for subsequent periods, provided that it communicates this by reasonable means before such changes take effect.
The customer authorizes WEBTOOLS to issue invoices for the contracted services in electronic format.
Failure to pay all or part of any amount due shall entitle WEBTOOLS, subject to reasonable prior notice where appropriate, to suspend access to the service or terminate the contract, without prejudice to claiming any due and unpaid amounts.
The user agrees to use encuesta.com in accordance with the law, good faith, public policy and these Terms.
In particular, the user may not:
The user is solely responsible for:
WEBTOOLS does not pre-screen or assume authorship of the content or data uploaded by users to the platform.
However, WEBTOOLS may remove, block or restrict content or uses where there are reasonable indications of unlawfulness, infringement of third-party rights, breach of these Terms or risk to the security, continuity or reputation of the service.
In relation to data processing activities carried out by WEBTOOLS as data controller, the encuesta.com Privacy Policy shall apply.
Where the customer uses encuesta.com to create, distribute or manage surveys addressed to third parties and processes personal data through the platform, the customer shall, as a general rule, act as the data controller, and WEBTOOLS shall act as the data processor on behalf of the customer, in accordance with the applicable data processing agreement.
The customer represents and warrants that the personal data uploaded to the platform has been obtained and will be processed in compliance with applicable law, and that the customer has fulfilled the relevant information, legal basis and other obligations incumbent upon it.
WEBTOOLS shall provide the service with a reasonable standard of care and shall adopt measures aimed at maintaining the operation, security and integrity of the platform.
However, the user acknowledges that, due to the nature of technological services and the Internet, service availability may occasionally be affected by maintenance work, updates, technical incidents, causes beyond WEBTOOLS’ control or circumstances that could not reasonably be avoided.
Unless expressly agreed otherwise in writing, WEBTOOLS does not guarantee uninterrupted availability or the complete absence of errors.
All intellectual and industrial property rights in encuesta.com, its software, design, structure, code, databases, documentation, trademarks, trade names, logos and other elements associated with the service are owned by WEBTOOLS or its third-party licensors, as applicable.
Contracting the service does not imply any assignment of intellectual or industrial property rights to the user.
WEBTOOLS grants the customer, during the term of the service and subject to these Terms, a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the platform solely for its internal purposes and in accordance with the contracted plan.
The user retains, to the extent applicable, ownership of the content and data uploaded to the platform, without prejudice to the rights and authorizations required for the provision of the service.
WEBTOOLS may suspend or terminate access to the service, in whole or in part, in the event of:
Suspension or termination on these grounds shall not entitle the user to any compensation, without prejudice to any outstanding payment obligations.
The user may stop using the service at any time and request cancellation of their account or plan in accordance with the conditions applicable at the relevant time.
WEBTOOLS shall be liable to the user for losses and damages attributable to it in accordance with applicable law.
Except where not permitted by law, WEBTOOLS shall not be liable for:
Nothing in the foregoing shall limit WEBTOOLS’ liability where such limitation is prohibited by applicable law.
WEBTOOLS may amend these Terms and Conditions where necessary for legal, technical, operational reasons or due to the evolution of the service.
Where the amendments are material, WEBTOOLS shall communicate them by reasonable means before they enter into force.
Continued use of the service after the amendments enter into force shall constitute acceptance of them, except where applicable law requires otherwise.
If any provision of these Terms is declared null, invalid or unenforceable, this shall not affect the validity of the remaining provisions, which shall remain in force to the fullest extent permitted by law.
These Terms and Conditions shall be governed by Spanish law.
Unless a mandatory legal rule provides otherwise, the parties submit to the courts of Madrid city for the resolution of any dispute arising from the interpretation, validity, performance or termination of these Terms.
If the user qualifies legally as a consumer, the mandatory rules applicable to consumers shall apply, including those relating to jurisdiction and consumer rights.