The Fine Print - Terms & Conditions

Refund Policy

Refunds for monthly subscribers:

Clients subscribing to our services on a monthly basis will have their credit cards charged the full monthly charge for the service in advance.

PLEASE NOTE: Customers who are subscribed to monthly packages and who have surpassed the free trial period will not be entitled to a refund.

Cancellation Policy

To cancel an account, we require that you provide the following:

1. The person’s name on the account
2. The last four digits of the credit card on the account
3. Email address on the account
4. Username and password

Privacy and Security Policies about Your Data and Personal Information

Your Personal Information
We will not — under any circumstances — sell, rent, distribute or give away your email address or personal information to ANY third party. We will not publish your email address, phone or mailing address at any time.

Our Guarantee of SPAM-Free Privacy
We won’t swap or rent your email address to third parties. We will respect your choices on which emails you wish to receive from us.

Your email address
If you have subscribed to our newsletter, we hold your email address only in order to send you the newsletter you have requested. You can unsubscribe at any time for any reason. If you ever have a problem with your subscription, feel free to contact Customer Service.

Your most valuable asset: your data
We will proactively protect your customer, subscriber data, and survey data by keeping our servers up-to-date and our internal data security high. Your subscriber data will never exported, sold, rented, or used in any way by Widgix Software. It is your data, and we will protect it to the very best of our abilities.

Customer access to their data
All accounts in good standing will always have access to their data.
Staff access to your data
Only administrators and customer/technical support managers have access to customer data. Our staff will not access your data, grant access to third parties or otherwise disseminate your data. If you open a support ticket, hire our consulting services, call our telephone support then an administrator (or support manager) may log into your account for the purpose of troubleshooting & correcting the reported issue or performing their contracted task.

Requests to permanently remove data

A written request to permanently remove all response data from our service will be answered in no more than 2 business days. SurveyGizmo will reply with written confirmation that all files, database records and backups of this data have been destroyed. Data cannot be recovered after this is performed.

Safe Harbor Certification

We are happy to participate in the US Department of Commerce’s Safe Harbor Framework. SurveyGizmo has self-certified adherence to the Safe Harbor Privacy Principles. For more information about the Safe Harbor Privacy Principles and to view our certification, visit the U.S. Department of Commerce’s Safe Harbor Web site.

HIPAA Certification

SurveyGizmo has self-certified its adherence to HIPAA, the Health Insurance Portability and Accountability Act of 1996 for the handling of Protected Health Information (PHI). SurveyGizmo follows the Privacy Rule and the Security Rule provisions of HIPAA. For more information about HIPAA visit the US Depatment of Health and Human Resources HIPAA page. If you have more questions please email us at support@sgizmo.com.

API, widget, plugin, or extension access

SurveyGizmo may make available external products for accessing the SurveyGizmo API (application program interface) such as code samples, widgets, plug-ins, etc., and third-party developers are also encouraged to build their own. Third-party developers may request a developer key for their application free of charge by sending an email to support@sgizmo.com.
Customers agree that any use of the SurveyGizmo API, whether through SurveyGizmo or a third-party product, is bound by the terms and conditions of this agreement plus these additional terms:

1. You understand and agree that SurveyGizmo shall not be liable for any financial or data loss resulting from use of the API or third-party products that access data via the API.
2. No guarantees as to the degree of uptime for the API is given, though reasonable attempts will be made to keep it regularly available. SurveyGizmo reserves the right to modify or discontinue the API with or without notice.
3. Abuse or excessive access to the API may result in suspension of an individual’s access or the access of a particular application.

Terms and Conditions Agreement

By signing up with Widgix Software’s SurveyGizmo, you agree to the following Terms of Service.

This Terms of Service Agreement provides the terms and conditions governing the use of Widgix Software’s SurveyGizmo. You agree to use SurveyGizmo in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions discussed below.

This agreement is between Widgix Software and all SurveyGizmo subscribers. Unless the context requires otherwise, Widgix Software and/or their assigns shall be referred to as ‘us, we, or our’ and you shall be referred to as ‘you, your or subscriber.’

I understand that Widgix Software and/or their assigns does not guarantee or predict any type of profit or response from said services. Subscriber irrevocably covenants, promises and agrees to indemnify Widgix Software and/or their assigns harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature that Widgix Software and/or their assigns may sustain or to which Widgix Software and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

Privacy Statement

Widgix Software and SurveyGizmo will not rent, sell, access or in any way use your database information. This information will be kept strictly confidential.

Due to the nature of the technologies and Internet stability, Widgix Software and/or their assigns provides, service interruptions may occur. No full, partial, or prorate refunds will be made as adjustment for any such service interruption. Subscriber hereby acknowledges that changes in the nature of the services that may be offered under this agreement that are beyond the control of Widgix Software and/or their assigns do not constitute grounds for any full or partial refund of any advance fees paid.

A. Services to be Provided. We agree to provide you, directly or through our subcontractors and affiliates, with access to our online survey software. This service cannot be used to exchange banking, credit card, or any other financial information. Widgix Software is under no obligation to provide extended customer service or consulting services as part of this agreement.

B. Termination. We may terminate your account:

1. If any check drafts authorized under this Agreement are returned unpaid.;
2. If you violate our Terms Of Service Policy;
3. If you breach any term of this agreement;
4. If you are involved in the sales and/or distribution of the following materials:
   a) Cable filters;
   b) Ponzi or Pyramid Schemes;
   c) sale and/or distribution of any illegal materials;
5. Or for any reason, at our sole discretion.

C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE SURVEYGIZMO, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.

While we take all reasonable precautions to ensure your database is secure and protected, you understand and agree that we are under no obligation to export, extract, retrieve or ‘massage’ your database for you except through our EXPORT function.

D. TERMS. You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; 4) to accept notifications of service changes, commercial email and similar offers presented through the Widgix Software system or via email.

If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action that is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.

We strictly prohibit any involvement in UCE campaigns, commonly known as SPAM. As such, by submitting to the terms outlined in our Terms of Service, you are also bound to the policies contained in our Spam Policy. Please read our Spam Policy.

You agree to indemnify and hold us harmless from any claim resulting from your use of this service that damages any person.

E. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.

F. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. This includes, but is not limited to, the right to change our subscription rates at any time. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with our cancellation policy. For changes in subscription rates, we will always give thirty (30) days notice prior to changing subscription rates.

G. Notification of Account Changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, or billing information changes.

H. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.

I. Trademark information. Unless expressly requested in writing, we reserve the right to have fair use of your company or organization’s name and logo in our promotional material.

J. General Provisions. The subject headings of the articles and sections are for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.

SurveyGizmo Affiliate Program Terms

SurveyGizmo allows account owners to promote SurveyGizmo and in exchange offers compensation. In order to participate in this program you must agree to the terms here. “You” means the account holder or organization holding the account as well as all users associated with your account.

A. Eligibility
In order to participate in the SurveyGizmo Affiliate Program you must:

1. Have a SurveyGizmo account in good standing
2. Activate your affiliate status on your account page
3. Agree to the SurveyGizmo Affiliate Program Terms
4. Agree to any policies stated on our Affiliate Program web page
5. Agree to any future changes to the affiliate program in order to remain active

SurveyGizmo retains the right at its discretion to deny participation in the affiliate program to any user, organization, or website, for reasons including, but not limited to, websites or individuals promoting objectionable material, discrimination, or any form of unsolicited marketing including email spam. You may cancel your participation in the affiliate program at any time by deactivating your affiliate status on your affiliate account page.

B. Accounting
Commissions, rewards, etc. and timelines for processing payments are set forth on our Affiliate Program page. SurveyGizmo retains the right to reject any new account order and any related commissions. All new accounts must comply with our account terms and policies. Relationships with account holders are between the account holder and SurveyGizmo. Affiliates are not party to the relationship between account holders and SurveyGizmo. Affiliates are independent contractors and there is no employment relationship, partnership, or franchise stated or implied.

C. Marketing the program, use of materials
SurveyGizmo retains ownership and copyright protection on all materials you may use in the promotion of the program. You may not change logos or misconstrue our company name or message in anyway. You may not market with misspellings of the SurveyGizmo name, website, or any of our related company names or websites. You may not represent yourself as SurveyGizmo or as an agent of SurveyGizmo in anyway, nor may you attempt to make policy or contradict any policy or information found on the SurveyGizmo website.

You can find sample affiliate links on your personal Affiliate Program page under your account settings. You may use these links on your website or in opt-in email campaigns. The validity of your affiliate links including the the appropriate tracking code is your responsibility. Failure to use the appropriate link in the correct way will result in your affiliate signups not being tracked. We are not responsible for lack of tracking for any reason including but not limited to improper links, user deletion of cookies, user changing computers or browsers, etc. You may have SurveyGizmo staff review any sample links to be certain they will work.

D. Limitation of Liability.
SurveyGizmo is not liable in any way for interruption of service, errors of any type, or the consequences of any interruptions or errors.

E. Reserve right to change
SurveyGizmo reserves the right to change or adapt the Affiliate Program terms, conditions, policies, and commissions in the future or cancel the program all together without notice.

SurveyGizmo terms and conditions may be changed at any time without notice.