This document explains our position and specific conditions regarding your use of our website (the “Site”), PortalBee’s hosted survey platform made available as software as a service (the “SaaS”) and other related support services (the “Support Services” and together with the SaaS, the “Services”) that you purchase or sign up for on the Site. By using the Site or Services, you agree to be bound by our Terms & Conditions in addition to other terms and conditions or policies that may appear throughout the Site.
References to “Company,” “we” or “us” in this document mean PortalBee, Inc. and its affiliates, subsidiaries, and divisions.
You agree to these Terms & Conditions by clicking to accept these Terms & Conditions, executing a document that references them, or using the Site or Services. If you are unwilling to accept these Terms & Conditions, we ask that you do not use the Site or Services. When you use the Site or Services, you agree to be bound by the then current Terms & Conditions. If you do not agree to be bound by the Terms & Conditions, your sole remedy is not to use the Site or Services. Each time you use the Site or Services, you should visit and review the Terms & Conditions. We reserve the right to occasionally update the Terms & Conditions. At such time, we will also revise the “last updated” date at the end of the Terms & Conditions. For material changes to this Terms & Conditions, we will notify you by placing a prominent notice on the Site. The Site and Services is not intended for children and is not targeted to children under the age of 13. By using the Site or Services, you represent and warrant that you are at least 13 years of age.
Some areas of this Site, or certain Services, may have additional rules, guidelines, and/or other terms and conditions that apply to your access and/or use of that area of the Site, or those Services, and that may be revised from time to time (“Other Terms”). If there is a conflict or inconsistency between any of these Terms & Conditions and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Site or those Services.
You agree that you will not access or use the Site or SaaS in any manner that could damage, disable, impair or cause undue burden on the Site or SaaS and/or any applicable host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Site or SaaS, that you will not transmit any virus or worm to the Site or SaaS, that you will not use any spider, robot, data mining tool or other automatic device, or any other manual process or means, to access the Site or SaaS and/or any applicable servers or systems to extract, download, monitor, gather, transmit or copy any of the data or material on the Site or in the SaaS (including, without limitation, account information, product listings, images, descriptions or prices), or for any other unauthorized purpose; and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited email to other users of the Site or SaaS. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Site or SaaS without authorization.
We reserve the right to restrict, suspend or terminate without notice your access to the Site or Services or any feature of the Site or Services or part thereof at any time.
You acknowledge that these Terms & Conditions govern your use of the SaaS, whether or not there are license agreements and/or end user agreements. Unless otherwise agreed in writing, you acknowledge that (1) you shall not attempt to alter or modify the SaaS; (2) you shall not reverse engineer, decompile, or otherwise attempt to gain access to the source code for the SaaS; (3) you shall not attempt to circumvent or disable the SaaS or its intended purpose; and (4) you shall not copy, sublicense, assign, transfer, distribute, transmit or otherwise use the SaaS without the prior written consent of Company.
We may change or eliminate Services offered on or through the Site at any time without notice. We make no representation that any Services are available for use in your location, and a reference to Services on the Site does not imply that the Services will be available to you and/or in your location.
If you register for a free trial, we will make the applicable Services available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period (if not terminated earlier) or (b) the start date of your paid subscription. Unless you purchase a subscription to the applicable Services before the end of the free trial, all of your data provided through the SaaS may be permanently deleted at the end of the trial, and we will not recover it. If we include additional terms and conditions on the trial registration web page, those will apply as well. Notwithstanding anything contained in this Section, the Services are offered as-is during the free trial, without any warranty, covenant, support or liability whatsoever, to the extent permitted by law.
Except in the case of a free trial, our Services are offered by subscription plan billed on a monthly basis. Each one-month period (which may vary in length from period to period between approximately 28 and 32 days) constitutes one “Billing Period”. Pricing options and tiers for the Services can be found here. Pricing tiers are based on the number of Profiles you create. Each "Profile" represents a single individual, entity, or identifying source address, such as (but not limited to) an email address, IP address, or social media handle. Profiles are commonly created through responses to user generated forms, such as (but not limited to) an email address, username, or identification number. Profiles may be created via alternate means other than form responses, such as (but not limited to) imports, manual creation, and automatic database integration, etc. PortalBee's system attempts to merge together Profiles that contain the same single individual, entity, or source address to aggregate the contained information into one Profile. PortalBee does not guarantee a perfect merge algorithm and duplicate profiles for a single individual, entity, and/or source address may occur as a result. You agree to pay PortalBee any fees for Services you purchase or use. The fee you pay for the Services will remain fixed during the term of your subscription unless you exceed the maximum Profiles included in your subscription tier (the “Maximum Profiles”) or change your subscription tier (including by subscribing to additional features or products, such as additional Profiles). If you exceed your Maximum Profiles limit in a Billing Period, your subscription fee will increase up to the tier price which corresponds with the number of Profiles accumulated by the end of a Billing Period at the beginning of the next Billing Period.
[Your paid subscription will be automatically renewed at the end of each Billing Period unless you inform us that you do not wish to renew the subscription. 3 At the time of automatic renewal, the subscription fee will be charged to the credit card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different credit card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized PortalBee to charge the subscription fee to the credit card last used by you.]
From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any such increase in charges will not apply until the expiry of your then current Billing Period. You will not be charged for using any Service unless you have opted for a paid subscription plan.
If you have any questions or concerns about pricing, or if you're not completely satisfied with PortalBee, please reach out to us at help@portalbee.com so we can make things right.
All fees and other amounts payable by you to PortalBee for Services you purchase or use are exclusive of any tax, levy or similar governmental charge including value-added, sales, use, or withholding taxes, that may be assessed by any jurisdiction, whether based on gross revenue, the delivery, sale or use of the Services, including without limitation all sales, use, excise, import or export, value added, governmental permit fees, license fees, and customs (collectively, “Taxes”). You are responsible for paying all Taxes associated with the transactions contemplated hereunder, except that you shall have no liability for any income taxes assessed on PortalBee on amounts paid by you under this Agreement. If PortalBee has the legal obligation to pay or collect Taxes for which you are responsible under this Section, PortalBee will invoice you and you will pay that amount unless you provide PortalBee with a valid tax exemption certificate, including a valid value-added tax number, authorized by the appropriate taxing authority.
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
PortalBee uses the third party payment platform, Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions for your PortalBee account.
By using the Services and agreeing to the PortalBee Terms and Conditions, you also agree to be bound by Stripe’s Terms of Service.
You are responsible for all transactions (one-time, recurring, and refunds) processed through the Site and/or Stripe. PortalBee is not liable for loss or damage from errant or invalid transactions processed with your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.
You understand that PortalBee uses the Stripe API for the Services and that the Stripe API is subject to change at any time and such changes may adversely affect the Services. You understand and agree to not hold PortalBee liable for any adverse affects that actions (whether intentional or unintentional) on the part of Stripe may cause to your Stripe account, your PortalBee account, or your business.
You must not process stolen credit cards, or unauthorized credit cards through Stripe and/or your PortalBee account.
Please feel free to browse the Site. In general, and unless otherwise posted, you may review and print copies of material from the Site or produced using the SaaS, provided that the material retains, without alteration, all copyright, trademark, and other proprietary notices displayed on the material as posted on the Site or produced through the SaaS.
You are not permitted to attempt to download data from the Site or SaaS, such as (but not limited to) attempts to create an aggregated database of the data produced by the SaaS, unless explicitly authorized by PortalBee via an export mechanism or prior written permission from us.
You are not permitted to make or distribute copies of material on the Site for any commercial purpose without prior written permission from us. None of the material contained on the Site and produced using the SaaS (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without the prior written permission of Company. Except as otherwise noted, all content of the Site is:
Copyright © 2022 PortalBee, Inc.
All rights reserved.
Company has a policy of terminating services to users who willfully and/or repeatedly infringe.
For further information regarding permission to use material from the Site or produced through the SaaS, please contact us at help@portalbee.com.
Many of the trademarks/service marks and/or logos (collectively the “Marks”) displayed on the Site identify the Services of Company and related organizations, and inform the public as to the source of those Services. Your misuse of any Marks is strictly prohibited, including without limitation, your use of Marks in any of the following ways:
You agree not to display or otherwise inappropriately use the Marks without prior written permission from us. Please make such requests by email to help@portalbee.com. We will evaluate your request and respond as soon as possible.
In the event that you transmit or post any content, including any text, graphics, software, music, sound, photographs, videos, messages, comments, feedback, data, information, or other materials on or to the Site, or when using the Services, or choose to allow us to use your social media content (collectively, the “Content”), you (1) agree, represent, and warrant to Company that you own all rights in and to the Content and/or have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to post or transmit such Content; (2) grant to Company an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, transferable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such Content (in whole or part) and/or to incorporate it (in whole or in part) in other works in any form, media, or technology now known or later developed; (3) represent and warrant to Company that you are not a minor; (4) represent and warrant to Company that Company’s use of your Content will not violate the rights, including, but not limited to, copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary, or other rights, of any third party, or any law, rule or regulation; and (5) represent and warrant to Company that the Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful. You acknowledge that any Content submitted by you may be handled by Company on a non-confidential basis.
Company respects the intellectual property of others, and we ask visitors to our Site and users of our Services to do the same. If you believe your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the designated Copyright Agent of PortalBee:
The designated agent of PortalBee for notification of claims of copyright infringement on this Site or related to the Services can be reached as follows:
Address: Designated Agent for Intellectual Property
PortalBee, Inc.
E-mail: help@portalbee.com
Similarly, if you believe any of your trademarks or service marks has been infringed, or if you believe that your image has been used without your consent, please notify the designated agent of PortalBee.
The Site may contain technical inaccuracies, typographical errors, and out of date information. We make no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and we makes no warranty that the Site will meet your requirements. We reserve the right to make changes to the Site at any time.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE SITE, INCLUDING THE SAAS AND SUPPORT SERVICES OFFERED ON OR THROUGH THE SITE, IS AT YOUR OWN RISK. COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SAAS, SUPPORT SERVICES AND/OR SITE. (BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY SAAS, MATERIALS AND/OR SERVICES AVAILABLE FROM THE SITE, ALL OF WHICH ARE BEING OFFERED “AS IS.” COMPANY MAKES NO WARRANTY OF NONINFRINGEMENT. COMPANY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OR USE OF ANY SOFTWARE, INCLUDING THE SAAS, OR MATERIALS FROM THE SITE.
You shall indemnify and hold harmless PortalBee, its affiliates, officers, employees, and agents, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Site or Services, content that you submit through the Site or through your use of the Services, and/or your breach of any of the provisions of the Terms & Conditions and/or the Privacy Policy.
Any action based on a breach of any provision of these Terms & Conditions shall be brought to the federal or local courts presiding in Delaware, United States, whichever is appropriate, and to whose jurisdiction you consent in such an action. If a breach is found by the court, the court shall have the right to issue an injunction, and grant to Company its damages and attorneys’ fees and such other and further relief as the court may deem appropriate.
The Site and Services shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the State of Delaware applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. By visiting and using the Site or Services, you consent to the jurisdiction of the courts presiding in Delaware and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.
You agree that you will not use the Site or the Services for any purpose that is prohibited by these Terms & Conditions or that is unlawful. Further, you agree not to access, download, use or export the Site or Services, in violation of U.S. export laws or regulations, or in violation of any other applicable laws, rules or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Site or Services in violation of any such restrictions, laws, rules or regulations, or without all necessary approvals. For clarity, you may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving the Services or you are on the U.S. Department of Commerce’s Denied Persons List or Entity List or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any paid Services from PortalBee. You will ensure that: (a) your end users do not use the Services in violation of any export restriction or embargo by the United States; and (b) you do not provide access to the Services to persons or entities on any of the above lists.
We are committed to protecting the privacy of children. This Site and the Services offered are not directed at children who are under 13 years of age. It is our policy to require that individuals requesting information on our products be 13 years of age or older. We may collect the personal information of minors in connection with other business activities, such as adverse event reporting. Should we receive personal information from a person whom we know is under 13 years of age, we will endeavor to delete such information from our website database, and the information will not be used for any purpose. If you believe that a person under 13 years of age has provided us with his or her personal information, please notify us so that we can take reasonable steps to remove the information from our database.
Notwithstanding any other provision contained in these Terms & Conditions, in the event that the performance of any obligation of Company is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, epidemic, pandemic or any other cause beyond the reasonable control of Company, then Company shall not be responsible to you for any failure or delay in the performance of its obligations. Company shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, Company from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.
The headings of each of these Terms & Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.
You may not assign your rights or obligations under these Terms & Conditions without the prior express written consent of Company.
In the event that any portion of these Terms & Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.
Any failure by Company to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.
No changes to these Terms & Conditions shall be made except by a revised posting on this page, and no advice or other information provided by the Site or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to these Terms & Conditions, unless such an amendment, waiver or change is in writing from an authorized officer or representative of Company.
These Terms & Conditions constitute the entire understanding between Company and you with respect to the Site and the Services.
BY USING THE SITE OR THE SERVICES, YOU SIGNIFY YOUR ASSENT TO THESE TERMS & CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE SITE OR THE SERVICES, YOU WARRANT THAT YOU WILL NOT USE THE SITE OR THE SERVICES FOR ANY PURPOSE THAT IS UNLAWFUL.
This Terms & Conditions was last updated on April 8, 2022.