Thanks for using GotIncite’s products, services, websites, and apps referred to as “GotIncite. The terms and conditions mentioned below contain the words under which GotIncite and its affiliates offer services to you. They also have the details of the accessibility and utility of the service. These do not apply to the Services which are available solely through our sales channel.
GotIncite is an experienced management software provider and offers various products and services related to the same. Some of them also include additional terms and policies (including rules and guidelines). Other Terms become a part of your agreement with us if you use those Services.
You can view a complete list of Additional Terms in our Legal Center. We refer to the combination of these TOU and any applicable Additional Terms, collectively as these “Terms.”
You confirm your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.
If you are 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 cases, “you” and “you're” will refer to that organization.
1. Fees and Payments
You agree to pay GotIncite any fees for each Service you purchase or use (including any overage fees) by the pricing and payment terms presented to you for that Service.
You will have the freedom to pay the amount in your account management page’s preferred billing method. In case you prefer to pay the fees with a credit card, you represent and warrant that the credit card information you provide is correct, and you will promptly notify us of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription.
Your subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page or by contacting our customer support team.
While we will be sad to see you go, you may cancel the auto-renewal of your subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
The prices we offer do not include any taxes, levies, duties, or similar governmental assessments of any nature such as value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying taxes associated with your purchase and keeping your billing information up to date.
GotIncite may change the fees charged to you for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. We will provide you with advance notice of any change in fees.
Any overage fees incurred by you will be billed in arrears. If the price is remained unpaid for 30 days after being billed is considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.
2. GotIncite IP
Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). Except as permitted by GotIncite Brand and Trademark Use Policy, these Terms do not grant you any right to use GotIncite’s trademarks or other brand elements.
If you submit any feedback or suggestions to us regarding our Services, we may use and share them for any purpose without any compensation or obligation to you.
3. User Content
The Services display content provided by others that GotIncite does not own. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your Content, and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. GotIncite is not responsible for any actions you take concerning your Content, including sharing it publicly. Under no circumstances will GotIncite be liable for any Content, any other third-party content or materials, or any loss or damage resulting from your use of, or reliance on, such Content or other third-party content or materials. Please do not use content from the Services unless you have first obtained the permission of its owner or are otherwise authorized by law to do so.
You acknowledge that to ensure compliance with legal obligations, GotIncite may be required to review certain content submitted to the Services to determine whether it is illegal or violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. Suppose your Content includes third-party brands, logos, or other source identifiers. In that case, we may require you to submit a statement of non-affiliation before you may use such Content in connection with the Services. However, GotIncite otherwise has no obligation to monitor or review any content submitted to the Services.
GotIncite may publish links in its Services to internet websites maintained by third parties. GotIncite does not represent that it has reviewed such third-party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
4. Account Management
Suppose you have been issued an account by GotIncite connected with your use of the Services. In that case, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not GotIncite, are responsible for any activity occurring in your account (other than activity that GotIncite is directly responsible for which is not performed following your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify GotIncite immediately. Funds may not be shared and may only be used by one individual per account.
GotIncite occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your current and accurate report.
You are responsible for maintaining, protecting, and making backups of your Content. GotIncite will not be liable for any failure to store, or for loss or corruption of, your Content to the extent permitted by applicable law.
GotIncite may terminate your account and delete any Content in it if there is no account activity (such as a log-in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.
GotIncite may assign you a customer success manager (“CSM”). The CSM may review your use of the Services and your Content to help you more effectively use the Services, including providing reporting and usage insight.
5. User Requirements
If you are an individual, you may only use the Services if you have the power to form a contract with GotIncite. If you cannot create a deal, you may not use the Services. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.
“Minors” are individuals under the age of 13 (or a higher age provided in certain countries and territories). None of the Services are intended for use by Minors. If you are a minor in your place of residence, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.
You may only use the Services if you are not barred under any applicable laws from doing so. Suppose you are located in a country embargoed by the United States or other applicable law from receiving the Services or are on the U.S. Department of Commerce’s Denied Persons List or Entity List U.S. Treasury Department’s list of Specially Designated Nationals. In that case, you are not permitted to purchase any paid Services from GotIncite. 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.
6. Acceptable Uses
You represent and warrant that you comply with all laws and regulations applicable to your use of the Services.
If you use the Services to accept payment card transactions, you must comply with the Payment Card Industry Data Security Standards (PCI-DSS) to the extent they apply to your business (the “PCI Standards”). GotIncite provides tools to simplify your compliance with the PCI Standards. Still, you must ensure that your business is compliant, and the specific steps you will need to take to comply with the PCI Standards will depend on your implementation of the Services.
7. Cardholder Data
GotIncite is responsible for the security of Cardholder Data collected, transmitted, stored, or processed by us on your behalf. “Cardholder Data” is defined as a cardholder’s primary account number, and where a total unmasked card number is present, any of the cardholder name, expiration date, and service code. GotIncite has developed strict security features to protect Cardholder Data, and as such, this data may only be used in anticipated ways and stored inappropriate places. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM COLLECTING OR ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN THE SERVICES, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e., where GotIncite explicitly enables such data to be entered into such fields). Appropriate fields are marked with labels such as ‘Card number’ or by having a credit card icon precede them. Similarly, excluding payment forms, you must never collect or enter any “Sensitive Authentication Data,” as defined by the PCI Standards (including CVC or CVV2) into any fields in the Services. You assume all responsibility for any Cardholder Data entered into the Services in violation of these terms.
8. Suspension and Termination of Services
You can terminate your Subscription and delete your account at any time through your account management page. Such termination and deletion will result in your account’s deactivation or disablement and access to it and the deletion of content you collected through the Services’ use. Stops are confirmed immediately, and you will not be charged again for that Subscription unless you purchase a new one. Suppose you terminate a Subscription in the middle of a billing cycle. In that case, you will not receive a refund unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; (b) a refund is required by law; or (c) we, in our sole discretion, determine a refund is appropriate. For clarity, we will not grant a refund where you have used our Services, collected responses, and downloaded your answers unless the termination is due to our material, uncured breach, or a refund is required by law.
GotIncite may terminate your Subscription at the end of a billing cycle by providing at least 30 days’ prior written notice to you. GotIncite may terminate your Subscription for any reason by providing at least 90 days’ written notice to you and will provide a pro-rata refund for any period you did not use in that billing cycle. GotIncite may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after GotIncite has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings, and the proceedings are not dismissed within 90 days, or (c) you fail to pay fees for 30 days past the due date. Additionally, GotIncite may limit, suspend, or terminate the Services to you: (i) if you fail to comply with these Terms, (ii) if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; or (iii) if we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Services you receive, depending upon the reason, we will endeavor to give you advance notice and an opportunity to obtain a copy of your Content from that Service. However, there may be time-sensitive situations where GotIncite may decide that we need to take immediate action without notice. GotIncite will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. GotIncite has no obligation to retain your Content upon termination of the applicable Service.
9. Further Measures
Suppose GotIncite stops providing the Services to you because you repeatedly or egregiously breach these Terms. In that case, GotIncite may take measures to prevent the further use of the Services by you, including blocking your IP address.
10. Changes and Updates
GotIncite may change these Terms at any time for various reasons, such as to reflect changes in applicable law or updates to Services and to account for new Services or functionality. The most current version will always be posted on the GotIncite website. If an amendment is material, as determined in GotIncite’s sole discretion, GotIncite will notify you by email. Notice of modifications may also be posted to GotIncite’s blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. For specific changes to become effective, applicable law may require GotIncite to obtain your consent to such changes or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service because you indicate your agreement to be bound by the updated terms by continuing to use the Services.
GotIncite continually changes and improves the Services. GotIncite may add, alter, or remove functionality from a Service it provides to you at any time without prior notice. GotIncite may also limit, suspend, or discontinue a Service provided to you at its discretion. If GotIncite stops a Service, we will give you reasonable advance notice to provide you with an opportunity to obtain a copy of your Content from that Service. GotIncite may remove content from the Services it offers you at any time at our sole discretion. However, we will notify you before we do that if it materially impacts you and if practicable under the circumstances.
Downgrading your account plan may cause the loss of content, features, functionality, or capacity of your account.
Any responses over your Basic (free) plan's response limits will not be viewable, and each reaction over the limit will be deleted 60 days after it is received unless you upgrade to a paid plan to view and keep access to all responses before they are deleted. We encourage you to go to My Surveys to see which surveys have different answers over your plan's response limit, in case you want to upgrade to a paid plan to view and keep them.
11. Disclaimers and Limitations of Liability
While it is in GotIncite’s interest to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, AND ANY GUIDANCE OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND GOTINCITE DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, GOTINCITE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF GOTINCITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. Other Terms
You may not assign these Terms without GotIncite’s prior written consent, which may be withheld at GotIncite’s sole discretion. GotIncite may assign these Terms at any time without notice to you.
12.2. Entire Agreement
These Terms (including the Additional Terms) constitute the entire agreement between you and GotIncite. They supersede any other prior or contemporaneous agreements, terms, and conditions, written or oral, concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
12.3. Independent Contractors
The relationship between you and GotIncite is that of independent contractors and not legal partners, employees, or agents of each other.
The use of the terms “includes,” “including,” “such as,” and similar terms will be deemed not to limit what else might be included.
12.5. No Waiver
A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
To the extent any conflict exists, the Additional Terms prevail over this TOU concerning the Services to which the Additional Terms apply.
Suppose any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction. In that case, that provision will be severed, and the remainder of the terms will remain in full effect.
12.8. Third-Party Beneficiaries
There are no third-party beneficiaries to these Terms.
The following sections will survive the termination of these Terms: 1, 2, 3.2, 10, 12, 13, 14, 15, 16.
13. Terms for Certain Customers and Countries
These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
13.2. Customer-Specific Terms
The following amendments automatically apply to you upon acceptance of these Terms if you are one of the types of entities identified below:
If you are a United States Federal Government Agency, this Amendment applies to you.
If you are a different type of government entity in the United States, this Amendment applies to you.