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Terms & Conditions

1. Introduction

Samply is a platform for managing participation in online experiments and surveys via the mobile application Samply Research. Samply is hosted on https://samply.uni-konstanz.de (the "Site"), which provides services for scheduling and managing notifications (collectively, the "Service"). Your use of the Service and the provision of the Service to you by us constitutes an agreement between you and Samply to be bound by the terms and conditions set out in these Terms of Use.

Samply can be used free of charge for non-profit research purposes. For commercial use of Samply, please contact us at yury.shevchenko@uni.kn.

Please read these terms of use carefully. By registering for or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, including our Privacy Policy(together, these "Terms"). If you do not agree with anything we suggest in these Terms, please do not use any part of the Service.

2. Eligibility

The Service is intended for use by persons who are at least 18 years old. If you are under 18 years of age, you may not use the Service. If you are 18 years of age or older, please ensure that you have never been suspended from the Service and that your use of the Service does not violate any laws or regulations. If you are using the Service on behalf of a company, organization, or other type of entity, you acknowledge to us that you have the authority to bind the entity to these Terms on their behalf.

3. Accounts and registration

If you use the service, you have the option of registering an account. We recommend that you register an account, as creating an account on the Service will give you access to special features related to participating in online studies (experiments or surveys) or creating your own studies. If you do so, we will ask you to provide us with some personal information as part of the registration process, some of which is required to register the account. You promise that all the information you provide is correct and that you will keep it accurate and up-to-date in the future. We also ask you to provide a password to protect the security of your account. You are responsible for keeping your password secure and confidential. Any activity that occurs under your account is your responsibility. If you ever think that your account may no longer be secure, you must notify us immediately at yury.shevchenko@uni.kn. You can also reset your password at https://samply.uni-konstanz.de/researcher/forgot.

4. License to use the Service

Provided that you continue to comply with these terms, we grant you permission to access the Service for your personal use only. The Service allows you to create studies ("Studies") or participate in studies created by other Samply users ("Researchers").

Please note that this license does not include the right to use:

  1. Trademarks, logos or marks that appear in Studies
  2. Images of people, if they are identifiable in Studies
  3. Works of art or authorship appearing in Studies

5. User content

You are the owner of all your User Content, including any studies you create on the Site.

General terms
The Service allows you to create and publish your studies, as well as written text, images, web links, location information and other content ("User Content"). All User Content that you provide on the Service is owned by you or your licensors. We do not claim ownership of your User Content — it is fully owned by you.
Limited License
If you publish your Study, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to host, store, transmit, display and distribute (in whole or in part) your User Content on the Site. You acknowledge that we will not pay you for the use of your studies and that your studies will be made available to the public for use without attribution or compensation. If you do not wish to make your studies available to the public, you may still use all the features of the Service without restriction.
Representations and warranties
You are solely responsible for your User Content and all consequences of your uploading or posting User Content on the Service. Each time you upload or post User Content, you represent and warrant to us that: (a) you are the creator and owner of the User Content or have all necessary rights from other persons or entities to use your User Content on the Service as provided in this Section and to permit other users to use it; and (b) your User Content does not and will not infringe or misappropriate any third party rights, including copyrights and other intellectual property rights, privacy rights, rights of publicity or moral rights, or defame, libel or slander anyone.
Disclaimer
There is no reasonable way for us to monitor all User Content that is uploaded to or published on the Service, and we have no obligation to you or any other user to monitor, edit or control the User Content that you and other users upload to or publish on the Service. This means that we are not responsible for User Content on the Service and you agree not to make any claims against us based on User Content. Nevertheless, we may remove, edit, search or block User Content from the Service at any time if the User Content violates these Terms or is found to be otherwise offensive.

6. Prohibited conduct

By using the Service, you agree not to:

  1. Use the Service for illegal purposes or in violation of any law or regulation;
  2. Violate or encourage others to violate the rights of others, including the infringement or misappropriation of intellectual property rights;
  3. Upload, post or publish User Content that is unlawful, libelous, abusive, indecent, profane, pornographic, harassing, threatening, hateful or otherwise inappropriate;
  4. Tamper with the security features of the Service (e.g. disabling or circumventing features to access private studies or User Content or reverse engineering the Service to obtain the source code of the Service);
  5. Interfere with our operation of the Service or another user's use of the Service (i.e. not to upload or distribute viruses, adware or spyware, to make unsolicited offers or promotions, to collect personal information about others, or to interfere with the networks or devices we use to provide the Service);
  6. Engage in fraudulent activities, such as impersonating another person;
  7. Access the Service through bots, spiders, scripts, crawlers, scrapers or other automated tools or applications (other than your web browser or other mobile application that we may publish);
  8. Copy the look and feel of the Site or access, download, copy, modify, distribute, perform or use studies to create a similar or competing service;
  9. Transfer your rights to use the Service or to view, access or use any Materials; or
  10. Try to do one of these things or help someone else do it.

7. Other companies' services and linked websites

You may find tools on the Service that allow you to send information, including User Content, to other companies' services, such as features that allow you to link your account on the Service to an account on another service. If you use these tools, you allow us to send this information to the other companies' services, and you acknowledge that we are not responsible for the other companies' use of this information because we do not control them at all. You may also find links on the Service to other websites that are not operated by us. These websites are also not under our control, so please decide when to leave the Service at your own discretion.

8. Termination of your account

If you violate any of these terms, your permission to use the Service automatically terminates. You may cancel your account with the Service by sending an email to yury.shevchenko@uni.kn.

9. Privacy Policy and additional requirements

We want you to know what information we collect from you and how we use it. Please read our Privacy Policy carefully. The Privacy Policy is incorporated into these Terms as part of our Agreement. In addition, we may inform you of additional requirements that you must comply with when using the Service. Any additional guidelines that we post on the Service or link to the Service will be incorporated into these Terms as part of our Agreement.

10. Modifying these Terms

We may change these terms and conditions with 1 month notice. If and when we do so, we will use reasonable efforts to notify you of the changes. We may make such notices available through a pop-up banner, by sending an email to an email address associated with your account on the Service, or otherwise, and we will notify you when the new version of these Terms takes effect. If you do not accept the new terms we propose, we may immediately terminate your account and terminate your access to the Service. If we have any disputes regarding the Service, they will be resolved in accordance with the version of these Terms in effect at the time the dispute arises.

11. Ownership of the Service

All software, visual interfaces, graphics, designs, information and all other elements of the Service (the "Materials") that we provide are protected by intellectual property and other laws. We or our licensors own all of the Materials contained in the Service, and you may not use the Materials except as expressly permitted by these Terms.

12. Disclaimer; No Warranties

We provide the Service and all content available through the Service on an "as is" and "as available" basis, without warranty of any kind, either express or implied. To the extent permitted by applicable law, we expressly disclaim all warranties of any kind, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, title and any warranties arising from course of dealing, usage or trade. We do not warrant or represent that the Service will be uninterrupted, secure or free from errors or harmful components, or that we will correct errors or harmful components.

Except as provided in Section 13 below, you use the Service at your own risk and assume all risk for damages resulting from your use of or access to the Service, your interactions with other users of the Service, and the Content available through the Service.

The law prohibits disclaimers of warranties in some places, and you may have other rights, which may vary depending on where you live. We do not exclude or limit our liability to you in any way if this would be unlawful. In the United Kingdom and the European Union this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for our obligation to provide the Service with reasonable care and skill or for our failure to provide the Service in accordance with the information provided about us or the Service.

13. General

These Terms, together with the Privacy Policy and other policies incorporated into these Terms, constitute the entire agreement between you and us with respect to your use of the Service. Except for our right to update these Terms in accordance with Section 12 above, these Terms may only be modified by a written agreement signed by both you and us. You may not assign or transfer these Terms to any other person or entity without our consent, or transfer your account on the Service. We may assign these Terms with or without notice to you.

Any delay or failure by you to enforce any rights under these Terms of Use or to require compliance with these Terms of Use shall not affect our right to enforce such rights at a later time or to require compliance with them. If we waive any breach by you of these Terms of Use, we do not waive any subsequent breach or your obligation to comply with the terms you have breached.

In the event that any part of these Terms is found unenforceable by a judge or arbitrator, the unenforceable part will be enforced to the maximum extent possible and the remaining parts will remain in full force and effect.

14. Consent to electronic communication

You agree to receive electronic communications from us as described in our Privacy Policy. Please read our Privacy Policy to understand your choices regarding our electronic communications practices. We may send you notices, agreements, disclosures or other communications electronically.

15. Data retention

Samply retains pending notification queue records for 30 days and notification history (response records) for 12 months. After these retention periods, records are automatically deleted by the platform. Researchers are responsible for exporting any study data they wish to preserve before these periods expire.

16. Contact information

You can reach us by sending an email to yury.shevchenko@uni.kn.