360ANGLES General Terms and Conditions
Version 1.0, 20-December-2020
1. INTRODUCTION AND DEFINITIONS
- Thank you for choosing 360ANGLES. These are our general terms and conditions, please read it carefully. pursuant to which 360ANGLES (hereinafter also referred to as “we”, “us” or “our”) provides Customers, Users and Audience (hereinafter “you”) access to our Services. You who are a member of the Audience accept the Terms before you use or buy any of the services, if you do not agree with these terms and conditions; you shouldn’t use our services.
- By accepting the Terms when buying and/or subscribing for the Services you receive a non-exclusive, non-transferable, revocable and limited in time right to use the Trail Version, the Individual Version or the Business Version of the Application, hereinafter are defined as a “License”.
- If you are representing a company or other legal entity, you agree that you have the authority to enter such agreement under these terms and conditions.
- 4 Capitalized words used herein but not already defined above, shall have the following meaning:
“Account” the account that you created to access the Services, identified by unique email.
“Application” means the website interactive platform developed and provided by 360ANGLES in which you create online Surveys with questions that the Audience responds to via their computers or mobile devices. The result is shown in real time.
“Audience” means the people of which a Survey is created and who are the respondent(s) of the Survey.
“Trial Version” means the Trail version of the Application as further described in detail on https://360angles.com/plans-pricing/ (which may be updated from time to time);
“Individual Version” means the Individual version of the Application as further described in https://360angles.com/plans-pricing/ (which may be updated from time to time);
” Business Version” means the Business version of the Application as further described in detail on https://360angles.com/plans-pricing/ (which may be updated from time to time);
“Paid Version” means the Business, Individual or any other version of the Application that the Customer pays for.
“Customer” means the person or the entity who purchases one or several Licenses to use a Paid Version
“Data Protection Laws” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”) and other thereto related applicable laws and regulations. Expressions used herein, e.g. ‘data subject’, ‘personal data’, ‘processing’, ‘controller’, ‘processors’, ‘personal data breach’ etc., shall be construed in accordance with the meaning given to them in the GDPR;
“Trial User” means the individual or entity who has signed up for a License to the Trial Version.
“Starting Day” means the day when a Customer purchases a License to use any of the Paid Versions and accordingly agrees to the Terms.
“License Period” has the meaning described in Section 3.2;
“360ANGLES” means 360ANGLES, Reg. No. 56313, a Jordanian limited liability company with VAT number: 178183377 and email: firstname.lastname@example.org;
“Services” means all services provided by 360ANGLES to you under the Terms, such as, but not limited to the Application and the Websites.
“Survey” means the presentations, surveys, quizzes and/or other types of questions created by a User using our Application.
“Terms” means these general terms and conditions including the terms of any Order Form or other separate agreement that might have been entered into between 360ANGLES and a User or Customer regarding the Services provided hereunder, as applicable;
“Third Party Application” means the software for which the copyright and other intellectual property rights belongs to a third party such as, but not limited to, the third parties mentioned by us in the list below;
- NodeJS by The Linux Foundation is licensed under the NodeJS license
- ESLint by Nicholas C. Zakas is licensed by MIT
- Angular by Google is licensed under the MIT style license
- angularx-qrcode by cordobo is licensed under the MIT license
- js by Contributors licensed under the MIT License
- ng2-chart by Contributors licensed under the ISC License
- ngx-image-cropper by mawi137 licensed under the MIT License
“User” any person who buys any of the available plans, register in the Trial Version or even use the service such as the Audience.
“User Data” means all data (e.g. documents, text and pictures) including personal data, submitted by you (and your Audience in their interaction with your Survey) electronically in the use of the Application; and
“Websites” means 360ANGLES.com and 360.jo as well as any other sites related to 360angles.com and 360.jo, including subsites or versions of them connected to help/support you to use the Application.
2. YOUR UNDERTAKINGS
- Providing correct information by any User is his own obligation that is necessary for us to be able to provide you with the Services and our other obligations set forth herein.
- You are liable for your internet connection and the network that is being used to access our services. 360ANGLES is not in any way liable for your Internet connection and the devices used to make use of our services, It is therefore your responsibility to arrange for and fulfill the technical requirements needed to use our Services, such as to have the equipment and software required for the performance of the Application.
- You shall ensure that (i) any and all User Data as well as your software is free of viruses, trojans, worms or other harmful software codes, (ii) User Data as well as your software is in a format suitable for the Application and (iii) that your software and/or User Data cannot in any other way, harm or adversely affect 360ANGLES ‘s systems and/or Services.
- It is your responsibility to ensure that your log-in details, security procedures and any other information used to access and use the Application, is kept confidential and treated as confidential information. You agree to immediately inform 360ANGLES in writing if any unauthorized person has obtained knowledge of such information.
- You agree not to copy, decompile, decrypt or deconstruct the Services (or any software or code that is included in the Services) or try to derive or create source code from the Services and you also agree not to avoid or try to avoid the security measures of the Services set out by 360ANGLES.
- You agree to follow the instructions provided from time to time by 360ANGLES for use of the Services including, for the avoidance of doubt, not to permit any other person to use your License.
- You are responsible for back-ups of User Data.
- You are liable for the Surveys you create and responsible for all User Data and other data you submit in the form of text or pictures to our Services.
- You agree not to use and to ensure that the Services is not used in an inappropriate or illegal manner; such as, but not limited to, posting pornographic, offensive, racist, harassing or otherwise unlawful or inappropriate material in the Surveys or Application or by registering and/or using a username reflecting any of the above. 360ANGLES reserves the right to, without warning, cancel your right to use our Services if you do this, which neither entitles you to refund for payment done nor compensation of any other kind. We also reserve the right to (i) investigate and take appropriate action against anyone who violates, or is suspected of violating, the Terms, including removing any content or reclaiming your username at any time, and/or reporting you to law enforcement authorities and (ii) disclose all kinds of data supplied to our Services, if we receive a request for information and this is required by mandatory applicable laws, governmental regulations or rules, or by any orders of court or competent authority or arbitral tribunal.
- You confirm that you have the full right, power and authority to create your Account and/or purchase Licenses from us and thereby enter into agreement with us that creates a legally valid and binding obligation on you that does not violate any applicable law, rule or regulation, or require any conditional consent by any person or entity. If you are accessing or using the Services in connection with your employment, you confirm that you are authorized to bind your company/employer to the Terms and any references herein to you will refer to both you and your company/employer, as applicable.
- 360ANGLES is intended to be a business tool. If you are younger than 18 years old, you must be represented by your parents or guardians to agree to the Terms and to use the Services.
- We reserve the right to terminate your subscription of a License under the Terms and suspend you from the Services including your License(s) immediately or limit your access to the Services if you fail to comply with the Terms or if the provision of the Services might lead to more than a minor damage for 360ANGLES or any third party.
3. PRICES, PAYMENT AND REFUNDS
- Current and applicable prices for the Licenses are found here: https://360angles.com/plans-pricing/. All prices are exclusive of VAT, other taxes and potential tolls.
- Payment for the Paid Versions shall be made upfront on the Starting Day for the entire license period which is twelve months if not otherwise agreed upon (the “License Period”). The first day after the end of the License Period, the License will be automatically cancelled.
- Payment cannot be made for parts of the License Period or be partially repaid.
- We reserve the right to change the prices listed under https://360angles.com/plans-pricing/ as well as the payment terms (including License Periods) at our own discretion. Such changes will however not affect a License already paid for.
- Customers are entitled to a full refund within sixty days from the Starting Day for the Individual Version and the Business Version by cancelling the License. In order to receive the refund, send us a written notice to support@360ANGLES.com stating why the refund is requested. We will provide the refund within 60 days from registering the request.
- By using the Application and sharing your survey with the Audience you will lose the right to a refund.
4. DISTRIBUTION OF LICENSES
- License(s) (Paid Version/Free Version) will be provided to the customers on the Starting Day when the User has registered an Account by providing necessary information and accepted the Terms.
- One Account can only be used by one person and you agree not to permit any other person or entity to your License. For the avoidance of doubt, this does not limit your right to use the Application for Surveys.
- One License gives you the right and ability to use the features stated in https://360angles.com/plans-pricing/.
5. SERVICE LEVELS
- There are three different versions of the Application: the Trial Version, the Individual Version and the Business Version. Related information about the different versions, the contents, features and pricing, can be found here: https://360angles.com/plans-pricing/ (which may be updated from time to time).
- Users own all User Data submitted to the Trial Version or Paid Version, but hereby grant 360ANGLES an irrevocable right to use Surveys created by the User and the answers from the Audience. This information will only be used by 360ANGLES in order to further develop the Application and provide an enhanced service.
6. FAULTS IN THE SERVICES
- Our Services are provided “as is” and “as available”, and 360ANGLES does not warrant, that the Services will perform without errors or without interruptions.
- We will always to the extent possible and commercially reasonable try to rectify faults or errors in the Services as quickly as the circumstances require, as decided by us in our sole discretion. A fault in the Services shall mean a deviation from the description of the current version of the Services and major deviations from generally applicable norms for software equivalent to the Services. 360ANGLES ‘s responsibility to rectify faults in the Services does not include faults that are of no significance for the intended use of the Services and/or faults in any of the Third Party Applications.
- To be able to claim the existence of a fault for which 360ANGLES is liable, you shall report it to us within a reasonable period after discovery of the fault. You will need to state, and if necessary, show how the fault is existing by sending through email to support@360ANGLES.com .
- In the case of any faults or error found in any of the Third Party Applications. 360ANGLES will in return, report this error to the relevant Third Party Application representatives. 360ANGLES’s responsibility to rectify faults in the Services does not include faults that are in any of the Third Party Applications.
- If we have not rectified a fault with the promptness that the circumstances require, you, as a Customer, will be entitled to such reduction of the price of the License that corresponds to the fault, however with the limitations set forth in Section 12.1. Trial Users will not have any right to economic compensation.
7. DATA MANAGEMENT, PERSONAL DATA
- 360ANGLES never sell or provide anyone access to any personal data or User Data for other purposes than just fulfilling delivery of the Services under the Terms (except regarding organization email addresses as described in Section 5).
8. COMMUNICATION WITH USERS
- We reserve the right to communicate with you, also for marketing purposes. Such communication can be newsletters, product updates, offers or other information related to the Application. You may of course opt out of receiving emails from 360ANGLES at any time by unsubscribing at the end of the email.
- Please note that even though you may opt out of receiving certain emails, we still have the right to communicate with all the Users and/or Customers via email regarding specific orders, requests or inquiries from our Users and Customers that are related to the Services.
9. INTELLECTUAL PROPERTY RIGHTS
- 360ANGLES – or when applicable our licensors – retain all rights and title to the Services we provide (or parts thereof) including, without limitation, all intellectual property rights and know-how related to the Application and the other parts of the Services. Other than the right to use our Services that you purchase or sign-up for in accordance with the Terms, you do not acquire any other right whatsoever to 360ANGLES’s Services or the copyright, patents, trademarks, trade secrets or other intellectual property rights or goodwill related thereto.
- 360ANGLES will never deliberately copy any third party’s intellectual property rights and, to our knowledge, the Application does not violate any intellectual property rights belonging to a third party.
- If a third party or you, in writing, would notify us of the occurrence or potential occurrence of an intellectual property rights infringement related to the Application we will, to the extent possible and reasonable, take necessary measures to guarantee that the Application is changed in such way that it does not infringe the intellectual property rights in question. If this would result in unreasonably high costs, 360ANGLES has the right to, instead of taking these measures, limit or temporarily cancel the use of the Services, or terminate your subscription of License(s) under the Terms (and thereby the right to use the Services) with immediate effect. 360ANGLES’s responsibilities under this Section shall not apply to the extent that the infringement (a) is related to a Third Party Application; or (b) occurs out of a modification of the Application not made or allowed by 360ANGLES.
- You hereby agree to inform us immediately if you receive any notification of accusation of infringement from a third party due to a Survey or the answers produced with the Application.
- 360ANGLES respects intellectual property rights and reserves the right to remove any User Data or other content that infringes copyright, trademark, patent or other intellectual property rights of a third party upon notification from you or a third party. You agree not to use and to ensure that your use of the Services, including the User Data you submit to us, does not infringe copyright, trademark, patent or other intellectual property rights of a third party. 360ANGLES is not obliged to compensate or defend any customer or user from any damages or infringement of any third party intellectual property rights
- 360ANGLES have the right of considering any customer of which related to any general marketing activities. This includes using any logos or the like on our Website or Application, as long as the Customer doesn’t refuse its use by writing to us. The customer confirmation should be obtained if 360ANGLES would like to use any such details other than for marketing purpose as a reference.
Both we and you hereby undertake to maintain in confidence and not to reveal to any third party any confidential information and data received from the other party. Confidential information shall mean any information whether technical, commercial or of other kind, regardless of it being documented or not. Such information may, however, be revealed if such revelation is necessary to allow a party, or its employees to (i) defend against litigation, (ii) to file and prosecute patent applications, (iii) to comply with law and governmental regulations or any orders of court or relative authority or arbitral tribunal or (iv) to comply with applicable stock exchange regulations or the regulations of any other recognized marketplace. Confidentiality in accordance with this provision shall not apply to information which (i) is in the public domain; (ii) comes into the public domain through no fault of the receiving party; (iii) was known prior to its disclosure by the receiving party, as evidenced by written records; (iv) is disclosed in accordance with the Terms or with the other party’s prior written consent, or (v) is disclosed to the receiving party by a third party having a lawful right to make such disclosure. The obligations of confidentiality shall continue during the License Period and for the two subsequent years thereafter.
11. SERVICE AVAILABILITY, MAINTENANCE, TESTING AND DOWNTIME
- 360ANGLES attempts to keep the Services available to such a large extent as possible, but since we want to provide updated and maintained Services, 360ANGLES shall always have the right to disconnect the Services for service and upgrading without giving you prior notice and cannot be held liable for downtime or other technical difficulties.
- We also reserve the right to (i) implement new updates and versions of the Application and (ii) conduct testing or other actions for improvement purposes, to the extent deemed appropriate and suitable by us. 360ANGLES plans to give you notice before