Survey 160 - Terms of Use

Last Updated: March 2023

Survey 160 offers a distributed texting platform (“Platform”) that helps our clients (“Clients”) facilitate survey taking via peer-to-peer text messaging.

The following are the Terms of Use (“Terms”) that govern the use of Survey 160’s products, website, Platform and services (collectively, the “Services”) by Clients and by individuals who elect to participate in surveys on the Platform (“Survey Recipients”).

1. Accepting these Terms

1.1 We provide access to the Services subject to these Terms. By using or accessing the Services, you agree to be bound by these Terms. Please read all of the Terms before you use the Services. If these Terms do not make sense to you, please let us know. If you don't agree to all of the Terms, you may not use the Services. These Terms create a binding legal agreement between you and Survey 160, with the same legal effect and force as a written and signed document.

1.2 If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.

2. Changes to these Terms

2.1 We may change these Terms from time to time. For example, we may change these Terms if we release a new feature. Any changes we make to these Terms will be effective when we post them on our website or otherwise distribute them to our users. Your access to or use of the Services after we have changed these Terms will constitute your acceptance and agreement to the changes made to these Terms.

3. Description of the Services (Clients)

3.1 Clients may engage Survey 160 to facilitate survey taking (the “Consulting Services”) or, if available to Client, may license the Platform directly from Survey 160 (the “Licensing Services” and, together with the Consulting Services, the “Client Services”).  

3.2 As a condition to receiving the Client Services, Client (a) agrees to comply with these Terms, Survey 160’s Privacy Policy, and any agreement that Survey 160 requires Client to execute; (b) represents that it has legally acquired and has rights to use any data provided to US Speaks; (c) represents that it has all the rights and permissions to the content it shares with Survey 160 for use in connection with the Services (any such content, the “Client Content”); and (d) shall comply with Survey 160’s Client Values and Permitted Uses Policy. Survey 160 has the right to refuse any request in relation to the Client Services that it deems inappropriate, illegal, or otherwise in violation of its Client Values and Permitted Uses Policy.

3.3 If Client is using the Licensing Services, Client agrees to include a link to these Terms in Client’s initial text message communication to Survey Recipients.  Client shall not: copy, alter, modify, create derivative works from, reproduce, resell, transfer to a third party, disassemble, decompile, reverse engineer, or enhance the Licensing Services.

4. Description of the Services (Survey Recipients)

4.1 If you receive an invitation from the Platform via text message to participate in a survey, you may enroll in the survey or decline to participate. If you enroll in the survey, you (a) consent to receive the survey questions via text message from Survey 160 as a Survey Recipient; (b) represent that you are the account holder for the mobile telephone number at which you are contacted from the Platform; and (c) will notify Survey 160 of a change to your telephone number.  You may terminate your participation in a survey at any time by replying “STOP” to any text message that you receive from the Platform or by emailing Survey 160 at info[at]survey160.com.  

4.2 At the end of any survey, you may receive a text message from the Platform requesting permission to contact you again with offers to participate in future surveys that may be of interest to you.

4.2.1 To grant permission, reply “ENROLL” or with such other indicated response via text message or email Survey 160 at info[at]survey160.com. If you grant permission, from time to time you will receive an invitation from the Platform via text message to participate in a survey. Please refer to Section 4.1 above, the terms of which shall apply to any such survey.

4.2.2 If you grant permission, you may later withdraw it at any time. To withdraw your permission, reply “OPT OUT” to any text message that you receive from the Platform or email Survey 160 at info[at]survey160.com. If you withdraw your permission, you will receive a text message confirmation of your opt-out and will no longer receive invitations from the Platform via text message to participate in surveys. 

4.2.3 If you opt out but later want to opt back in, text “OPT IN” or email us at info[at]survey160.com. By opting back in, you grant permission to be contacted by the Platform via text message with offers to participate in surveys unless you separately granted permission to a Client. 

4.3 Text messages will be sent to your mobile number using an automatic dialing system. Survey 160 does not charge Survey Recipients a fee in connection with survey invitations and surveys delivered via text message. However, message and data rates may apply to each text message sent or received in connection with the Services. Please review your mobile telephone service rate plan or contact your mobile telephone carrier.

4.4 Survey 160 may in its sole discretion cease delivery of text messages to any individual at any time.  For questions, contact Survey 160 at info[at]survey160.com.

5. Privacy

5.1 In the course of using the Services as a Service Recipient, you may be able to submit content to Survey 160 (including your personal data and the personal data of others) or a Client may submit content about you to Survey 160 in order to facilitate the Client Services (all of the above will be considered “Survey Recipient Content”). 

5.2 For information about how we collect, use and share Survey Recipient Content, please see our Privacy Policy.  Our Privacy Policy is incorporated into and made a part of these Terms. We encourage you to read our Privacy Policy before using the Services.

6. Content

6.1 Except for the Survey Recipient Content or Client Content, as applicable, that you provide, nothing in these Terms grants you ownership in the Services. Except as provided by the Licensing Services, nothing in these Terms grants you any rights to Survey 160’s intellectual property. As between you and Survey 160, the Services and all information, materials and content included in, on or with the Services, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is exclusively owned by Survey 160 or is used with permission. If you submit feedback or suggestions to Survey 160 regarding our Services, we may use and share them for any purpose without any compensation or obligation to you.

6.2 You will retain any rights you have with respect to content you provide to Survey 160. However, if you provide Survey Recipient Content to Survey 160 in connection with the Services, you grant Survey 160 a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the Survey Recipient Content throughout the world in any manner or media, on or off the Services.

6.3 The Services display content provided by others, including Clients, which is not owned by Survey 160. 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. Survey 160 is not responsible for any actions Survey Recipient takes with respect to Service Recipient Content or for any actions Client takes with respect to Client Content, including sharing it publicly.

6.4  You acknowledge that, in order to ensure compliance with legal obligations, Survey 160 may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms. However, Survey 160 has the right, but not an obligation, to monitor or review any content submitted to the Services to ensure compliance with legal obligations and Survey 160’s Client Values and Permitted Uses Policy.

6.5  Survey 160 may publish links in its Services to third party internet websites. Survey 160 does not control or endorse any third party internet website or content included therein (“Third Party Materials”). We are not responsible for reviewing the accuracy of any Third Party Materials. Your connection to and use of any Third Party Materials are subject to such third party’s terms and conditions and privacy policy.

7. Age

7.1  Only adults may use our Services.  None of the Services are intended for use by individuals under the age of 13 (“Minors”). If you are a Minor, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.  

8. Payment

8.1  Clients agree to pay to Survey 160 the fees for the Client Services that you purchase in accordance with the payment terms provided to you by Survey 160. Fees will be inclusive of applicable taxes where required by law.  All fees paid by you are final and non-refundable, unless otherwise determined by Survey 160.

8.2  You agree that Survey 160 or our designated third party service provider is authorized to disclose information submitted to us in connection with your use of the Service to our third party payment processors for purposes of processing transactions on your behalf via the Services.

9. Relationship with Survey 160

9.1  Your use of the Services does not create any other type of relationship between you and Survey 160, including but not limited to any agency, partnership, joint venture, or employment relationship, or any obligations by Survey 160 to you or any other user except as otherwise expressly stated in these Terms or other written agreement signed by an authorized agent of Survey 160.

10. Suspension of Services

10.1 Survey 160 may suspend your use of the Services upon written notice to you if: (a) you have materially breached these Terms, Survey 160’s Privacy Policy, or any other applicable agreement you entered into with Survey 160 in connection with the Services; (b) you are a client and you fail to pay fees for 30 days or more after the due date; (c) your use of the Services infringes upon a third party’s intellectual property rights; or (d) your use of the Services exposes Survey 160 to legal liability.

11.  Disclaimers

11.1 THE SERVICES AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN “AS-IS” OR “AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

12.  Limitation of Liability

12.1                   TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL SURVEY 160 BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR TO THE SERVICES OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BY STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES; AND (B) THE AGGREGATE LIABILITY OF SURVEY 160, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF SURVEY 160’S ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY AMOUNTS PAID BY YOU TO S FOR THE SERVICES.

13.  Indemnification

13.1                   You will defend, indemnify, and hold us harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Services or violation (or alleged violation) of these Terms or the rights of any third party by you.

14.  Changes to the Service

14.1                   Survey 160 reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Services or any features, information, materials or content on the Services with or without providing notice to you. Survey 160 will not be liable to you or any third party for any changes or discontinuance of the Services or any part of the Services.

15.  Protecting Your Account and Devices

15.1                   Survey 160 makes no warranty whatsoever to you, express or implied, regarding the security of the Services, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Services. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. Survey 160 is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices.

16.  Consent to Electronic Communications

16.1                   By using the Services, you agree that we may communicate with you electronically regarding your use of the Services and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing.

17.  Governing Law; Arbitration

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH SURVEY 160 AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SURVEY 160.

17.1                   In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and Survey 160 agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of sixty (60) days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in New York. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Survey 160 are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and Survey 160 intend and agree: (1) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (2) not to assert class action or representative action claims against the other in arbitration or otherwise; and (3) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.

17.2                   If settlement is not reached within sixty (60) days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in New York. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within ninety (90) days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

18.  General

18.1                   Enforcement of these Terms is solely at Survey 160’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. As used in these Terms, “including” means “including (without limitation).” The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms.