Terms and conditions

Terms and Conditions

I. General Provisions

1. The Website is a platform allowing users to create online Surveys based on their information in a dedicated form available at the Website. For this purpose, the Service Provider provides to the Users the tools available at the Website and provides services under the terms of the present Terms and Conditions and under the laws of the Republic of Poland.

2.The Website is available to all Users whose computer system meets the following minimum technical requirements:

Internet Explorer version 11.0 or later, enabled JavaScript and cookies; or
Mozilla Firefox version 38.0 or later, enabled JavaScript and cookies; or
Chrome version 48.0 or later, enabled JavaScript and cookies;
Minimum screen resolution of 1024×768 pixels;
Adobe Acrobat Reader installed.

3. The User of the Website is obliged to comply with the Terms and Conditions.

II. Definitions

Account - (also referred to as the “iCode™ account”) a collection of information stored on the Website and in the IT system of the Service Provider, relating to the User and to the Contracts concluded by him, in order to receive the Deliverables, by using which User may create Survey, generate the link to the Survey, conclude Contracts, order the Deliverables and contact the Service Provider.

Account Holder - a legal person or a natural person or unincorporated organizational unit, conducting economic activity, that is an owner of the Account and is the recipient of the Services obliged to pay for them.

Content - content posted by the User on the Website within the Tests created by the User, e.g., the words, pictures, photos, and other elements. The possibility of posting such content is available solely to the Users who have registered an Account, after logging on to the relevant Account.

Contract - the sales contract within the meaning of the Civil Code concluded through the Website between the Account Holder and the Service Provider. The User concludes the Contract with the Service Provider, separately for every single Survey, at the moment of clicking on the “GO LIVE” button. The present Terms and Conditions, the Privacy Policy, and the consent given by the User during the registration process apply to the Contract in an appropriate range. The Contract shall be governed by the laws of the Republic of Poland.

Deliverables - the result (containing both declarative responses and reaction time scores gathered from respondents who completed the Surveys processed accordingly to the unique patent-pending method owned by Service Provider) delivered to the User in one or more of the following forms:

interactive graphic (graphs) presentation on a dedicated webpage within the iCodeTM Platform,
a dedicated unique link to graphic (graphs) presentation on a dedicated webpage available without logging in to the iCodeTM Platform,
an Excel file with respondent level data available for download from the iCodeTM Platform,
a CSV file with respondent level data available for download from the iCodeTM Platform.

Force Majeure - an external event independent of the parties of the legal relationship, that the party affected by the effect of the Force Majeure could not reasonably foresee, and whose occurrence could not be prevented, and which prevents this party permanently or temporarily from exercising his rights or obligations, in particular on the basis of the legal relationship.

Item - is a single screen of iCode™ Survey where the Response Time is measured – it consists of a Query and usually a Stimulus. The number of Items in the Surveys equals a number of Queries multiplied by the number of Stimuli.

Login - User’s e-mail address used during the registration process and during every usage of the Account. The e-mail address should be in accordance with the corporate e-mail address of a given Account Holder in a name of which the Account is created.

Package of Items - a set of Items available for purchase on the platform in which the price for a single Item is lower than the standard price. The Package of Items must be purchase in advance.

Password - a string of alphanumeric characters necessary to authenticate the User (identification of the User) in the process of obtaining access to the Account, determined individually by the User during the registration process.

Privacy Policy - a set of rules regarding the processing and protection of personal data of the User which constitutes an integral part of the Terms and Conditions available at the Website.

Query - refers to any written question, statement, prompt, test, task, request, etc. that the subject is presented with together with Stimulus and to which the subject then gives some response, depending on the type of query presented.

Service Provider - NEUROHM Sp. z o.o. (former: NEUROHM Ohme Sp.k), 11/3 Bagatela St., 00-585 Warsaw, Poland; registered in the National Court Register under the entry no. 0000984443, registered by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register, REGON 146535475, NIP no.: 7010369265.

Service - the service provided to the Account Holder by the Service Provider on the terms specified in these Terms and Conditions electronically within the meaning of Art. 2 point 4 of the Act of 18 July, 2002 on Providing Services by Electronic Means (Dz. U. Nr 144, poz. 1204, as amended) which allows the User to create online Survey based on the information provided by the User in a dedicated form available at the Website, to carry out Survey, and to acquire the Deliverables based on the results of the Survey that have been processed accordingly to the methodology owned by Service Provider.

Stimulus - refers to a brand logo, product, picture, visual, person, video, commercial, ad, text, audio, or the like that the subject is presented with together with Query and wherein the subject then makes some response to, depending upon the type of query presented.

Survey - online research based on the Test prepared by the User that is made accessible to respondents by the User in a way chosen by the User to gather the responses in order to provide the User with Deliverables.

Terms and Conditions - the present terms and conditions drawn up on the basis of art. 8 of the Act of 18 July, 2002 on Providing Services by Electronic Means (Dz. U. Nr 144, poz. 1204, as amended).

Test - a set of queries specified by the User, using the functionalities available at the Website.

User - means the natural person that uses the Website and the Services in the name of the Account Holder.

Website - a website run by the Service Provider, available at icodert.com.

III. Registration

1. In order to use the Website, a new User has to register by creating an iCode™ account in the name of the Account Holder that such User represents by clicking on the “Register” button. All the Users who already have an iCode™ accounts need to log in by providing their e-mail address and the password.

2. In the process of registering the Account, the User individually creates and enters a Password, login is the User’s e-mail address.

3. User creates the Account in the name of the Account Holder by providing the following information:

obligatory – country, User name (i.e., name and surname of a company representative or an individual person – the User), company name, email, individual;
optional (at this step) - city, zip code, address, mobile phone and tax ID, they will be obligatory at the moment of requesting the Deliverables.

4. The User is obliged to provide all the necessary data to register the Account.

5. If any personal data of Account Holder were provided, the User is obliged to provide to the Account Holder the information regarding the personal data processing by the Service Provider. This information can be found here.

6. The User, acting on behalf of his own name and as the legal representative of the Account Holder, needs to accept the Terms and Conditions by clicking on the checkboxes “I accept the Website’s Terms and Conditions” and “I accept the Website’s Privacy Policy”.

7. The User is obliged to accept the checkboxes confirming the fact of acquainted with the Terms and Conditions and Privacy Policy.

8. The User, acting on behalf of his own name and as the legal representative of Account Holder, can give voluntary consent for marketing activities, including sending the commercial information, to the address email provided by the User.

9. The User holds the full liability for the consequences of making the password available to the third parties, including responsibility for the Content posted by those third parties or any obligations and liabilities caused by such third parties. The Contract concluded in connection with ordering Deliverables that are filed by third parties using the Account, for reasons not attributable to the Service Provider, is considered to be concluded on behalf of the Account Holder and shall be binding on both the Account Holder and the User.

10. Once the Account is successfully created and the User is logged in, the User has access to the Account’s desktop and the following features are available:

- The option to create a new Test;

- The following options to manage the Test already created by the User:

checking
editing
duplicating
deleting
ending the fieldwork
starting

- Purchasing available Packages of Items.

11. Account Holder can send the invitation with access to the Account to his employees that will work in the name of the Account Holder using the Account. The employee who has received access has to create its own password. The User does not have such rights to send the invitation unless the Account Holder makes such a function available to him.

12. All actions taken by the User are considered as also taken by Account Holder.

13. The Service Provider reserves the right to remove the Account if User, Account Holder, or the Account itself fails to comply with the present Terms and Conditions, Privacy Policy, binding law, the commercial practices in a specific field or morality, as well as in the case of any other doubt as to the authenticity and legality of the Account.

IV. Creating a new test

1. In order to create a new Test, the User has to click on the “Create Survey” or “New Survey” and then follow the steps listed below.

General

1. The User has to provide the general information regarding the Survey, such as:

test name;
category (drop-down menu);
country (drop-down menu);
language (drop-down menu);
target sample size.

Opening

1. In this step, the User can:

modify or create its own Welcome message;
add split questions and set up the proportions for them (gender, age);
add additional questions with or without screening options before the Queries (open, single, or multiple choice).

Questions

1. The User has to indicate the topic of the Test or part of the Test (the user can add several parts of the Test, each can have different topic), choosing between available options; examples of available topics are as follows:

brand;
product design;
video and commercials;
people and brand ambassadors;
concept testing.

2. For each part of the Test, the User has to indicate:

how many Stimuli (e.g. brands, product designs, etc.) will be tested;
how many queries will be tested for each brand, product design, etc.

3. The number of Items in the whole Test is limited by the previously stated number of (a) Stimuli multiplied by the number of (b) Queries in each part. The total number of Items cannot exceed 60.

4. The user can modify or create its own instruction and the main question for each part separately.

5. The User is asked to upload the Stimuli, which can be for e.g. pictures for brand, product design, etc. Stimuli may be selected and uploaded from the User’s device or from iCode™ cloud (previously uploaded). The User is obliged to make sure that all the uploaded materials are of good quality (suitable for the Test) and are displayed correctly. Used materials can not infringe any laws, in particular copyrights or rights protecting respondents in a given country. The User should supervise all the materials and remove all irregularities.

6. The User can type in the statements, upload them from the file (using a template that is available in this section) or choose from the list of Recommended/ My statements (previously uploaded).

Closing

1. In this step, the User can:

add the additional questions after Queries (open, single, or multiple choice);
modify or create its own Final message;
turn on the redirections if applicable.

Redirections (optional)

1. The user can set up the redirections to connect the Test with the other platform if the iCodeTM Test is part of the bigger project.

2. In case of connecting the survey with other platforms e.g. professional panel provider, the User is obliged to contact the third party on its own. Service Provider shall not be held responsible in any way for the use of other services.

Summary

1. The user sees the summary of the Test with all the information about the Test and its content.

2. If there are any violations in the Test the User is informed about it.

3. The User is presented with the estimated time of the Test and the total price for it.

4. The User can check the Test.

5. At the end of the process, the User can save the Test as “READY TO GO” to finish the process of creation of the Test or leave it as a “Draft”.

6. Depending on how the Test was saved, it can be found in the appropriate section of the Website’s dashboard.

V. Running the survey

1. Once the Survey is prepared, the User – to continue - has to click on the “Go live” button which will appear next to the survey in the “Ready to Go” section on the Website’s dashboard

2. By clicking on the “Go live” button, the User concludes the Contract with the Service Provider and obliges the Account Holder to pay the remuneration at the time of downloading the Deliverables.

3. Once the Test is in “Live” status, the link to the Survey is ready to be distributed to the respondents to begin the data-gathering process.

4. Once the Survey acquires the “Live” status, the progress bar is visible on the dashboard next to the details about the Survey.

5. When the Survey gathers either the number of respondents indicated by the User or when the User decides to end the Survey before gathering the indicated number of respondents by pressing the “END” button, the Survey is moved to the “Completed” section.

6. Access to the Deliverables becomes possible for the User once the Survey is completed or the User requires the Deliverables by pressing the “Get report” button from the roll-down menu on the Website’s dashboard, provided that minimum of 10 respondents were gathered and the payment for the Survey has been made using the available options for the User.

VI. Payment

1. After pressing the “Get report” button, the payment request is provided with the option to select one of the available payment methods:

points from the Package of Items
PayPal
transfer
using points and pay the rest via PayPal.

2. The points from the Package of Items is accessible if the User purchased one of the Package of Items available on the platform. Using this option at the moment of payment user is charged by subtraction of the number of Items from the Package that covers the Survey.

3. The PayPal option enables payment via PayPal or credit card, the option redirects the User to the payment module operated by the third party that allows making the payment.

4. By choosing the transfer option, the User is obligated to pay for the Deliverables required due to the issued invoice and within the due date presented on the invoice.

5. User can also decide to pay for the Deliverables partially using the points from the Package of Items (in the chosen amount) and pay the remaining amount using PayPal.

6. The invoice is generated when the User chooses the payment option.

7. The Deliverables are made available to the User once the given payment procedure is completed.

8. After downloading the Deliverables for which payment has been made, the user has 30 days to download new Deliverables free of charge. If the User downloads new Deliverables after 30 days of downloading the Deliverables for which payment has been made, the User will be charged again. New Deliverables, it is meant Deliverables with more data.

VII. Other rights and obligations of the Service Provider

1. The Service Provider shall not be liable for the Content posted on the Website by the User or stored otherwise on the Account.

2. The Service Provider undertakes to take all steps necessary to ensure the correct operation of the Website and undertakes to remove any irregularities in the functioning of the Website without undue delay.

3. The Service Provider is obliged to examine all complaints made by the User with respect to any irregularities, failures, or interruptions in the provision of Services and operation of the Website, within no more than seven (7) days, and in justified cases within up to thirty (30) days.

VIII. Rights and obligations of the User and Account Holder

1. The User is obliged to:

use the Website without disrupting its operation;
refrain from any actions such as sending or posting on the Website unsolicited commercial information, taking steps aimed at acquiring possession of legally protected information of which the User was not a recipient;
to use the Website in a manner consistent with the law of the Republic of Poland, the provisions of the present Terms and Conditions and the Privacy Policy, as well as those adopted in the commercial practices in specific field;
to avoid providing and transferring the content prohibited by applicable law.

2. The User has a right to inform the Service Provider of any breach of his rights, as well as of any cases of violation of the rules set down in the Terms and Conditions or in the Privacy Policy.

3. The User has a right to inform the Service Provider about any irregularities, failures or interruptions in the functioning of the Website or the inadequate quality of the services provided on the Website.

4. The User has a right to remove the Account that he created and has a right to terminate using the Website at any time. To that end, the User has the right to terminate the Contract for the provision of the Services. After the termination of the contract all Surveys, uploaded content and Deliverables become unavailable for the User or Account Holder.

5. The obligation to pay for the Services of the Service Provider created before the Termination of the Contract survives this termination, and the Account Holder is obliged to pay the remuneration for the provided Deliverables.

6. The obligations created by User or Account Holder in regard to third parties created in relation with Services provided by Service Provider shall be resolved solely by User or Account Holder and Service Provider holds no responsibility or liability to such obligations.

7. Any questions, objections, or complaints concerning the irregularities, failures, or interruptions in the provision of Services or the functioning of the Website shall be submitted to contact@icodert.com.

8. The User hereby undertakes that he will not:

violate the Terms and Conditions;
provide data that is misleading or infringes the rights of third parties;
violate property rights or personal rights of the Service Provider or any third party, in particular, the personal rights of other Users;
take any actions which do not conform with the present Terms and Conditions, good customs, or applicable;
conduct any statistical or mathematical computations or actions that might be treated as a reverse assembling, reverse compiling or reverse engineering, or otherwise translating Service Provider intellectual property rights.

9. In case of a breach of any obligations resulting from the present Terms and Conditions by the User or third parties using his Account, the Service Provider, without prejudice to any other rights which he may exercise, in such cases resulting from the provisions of the Terms and Conditions or applicable law, may terminate the Contract concluded with the User with the effect at the end the calendar month in which the statement of the Service Provider concerning the termination of the Service is delivered to the User by e-mail (the date of effectiveness) and under fourteen (14) days of notice (which is counted from the date of effectiveness).

10. Account Holder can contact Service Provider in order to report infringement from the User side and request for termination of the account.

IX. Content

1. The registered User may post the Content.

2. The User is required to obtain all the necessary rights and consents allowing him to use selected materials in a Content. The User holds the sole responsibility for any intellectual property, industrial property, or any other rights’ infringement resulting from and related to the use of selected images within the Test.

3. The User hereby acknowledges and agrees that the Website does not constitute the forum for the publication of any content, but is used to create the Tests, share them in a form of a Survey concerning brands, product designs, etc., and the respondent’s answers including opinions, comments and evaluations, and to acquire the results of the Survey. Therefore, all Content shall comply with the law, and morality and by using the Website, the User acknowledges and agrees that the permitted Content:

is for informational purposes and does not constitute advertisement within the meaning of the Act of 16 April 1993 on Unfair Competition (Dz. z 2003 r., Nr 153, poz. 1503, as amended) and the Act of 23 August 2007 r. On counteracting unfair market practices (Dz. U. Nr 171, poz. 1206 as amended);
does not infringe the copyright of any third parties, in particular, does not constitute plagiarism of other works;
does not contain email addresses of private individuals, instant messaging numbers of private individuals;
does not contain words commonly regarded as vulgar;
is not offensive and does not constitute a threat;
does not violate good customs or the personal rights of neither individuals nor legal persons;
is not in conflict with the interests of the Service Provider and, in particular, does not refer to the entities engaged in activity that might be considered as competitive in relation to the activity of the Service Provider;
is not contrary to the provisions of the present Terms and Conditions or the Privacy Policy and does not contain other content prohibited by applicable law.

4. The User has the right to inform the Service Provider of any breach of his rights, as well as of any case of violation of the terms of the present Terms and Conditions or Privacy Policy by posted Content.

5. Any objections concerning the Content shall be reported by the User at the following e-mail address: contact@icodert.com.

6. The Service Provider reserves the right to remove or not to publish the Content in the event of non-compliance with the present Terms and Conditions, the Privacy Policy. Binding law or The Service Provider reserves also the right of blocking the possibility of publishing Content by the Users frequently violating provisions of the present Terms and Conditions in particular as a result of receiving official notification or obtaining from the interested party reliable information about the unlawful nature of the Content posted, retaining the right to full remuneration.

X. Copyright

1. The Website and all methods and methodologies used to provide Deliverables are protected by the law, and the User has only rights granted to the User under the provisions of the Terms and Conditions reserved. The Users are allowed to use the works and databases contained on the Website only to the extent of the fair use as specified in the provisions of the Act of 4 February 1994 on Copyright and Related Rights and the Act of 27 July 2001 on database protection. In particular, making available for commercial purposes is prohibited unless otherwise specified in the present Terms and Conditions.

2. At the moment of finalizing the payment of the remuneration, as specified in point VI) above, the Service Provider grants the User a non-exclusive license. The license is granted to the fields of exploitation:

with regard to fixing and reproducing the work – producing copies of the work using a specific technique, including printing, xerographic, magnetic recording, and digital techniques;
with regard to circulating the originals or copies on which the work is fixed – putting into circulation, lending or renting the original or copies;
with regard to distributing the work in a manner different from that set forth in point b above – public performance, exhibition, screening, retransmission and broadcasting, and rebroadcasting, as well as making the work available to the public in a manner allowing anyone to access it in a place and at a time selected by that Content.

3. The Service Provider reserves the right to the raw data gathered during the Survey, on all fields of exploitation known at the time of conclusion of the Contract, in particular on the fields of exploitation as defined in art. 50 of the abovementioned Law on Copyright and Related Rights listed above, for research and development purposes, to calibrate the tool, or to improve research methodologyThe Account Holder agrees to the above.

4. f the Content posted by the User constitutes a work within the meaning of the abovementioned Law on Copyright and Related Rights, the User posting Content on the Website at the time of their fixation (even unfinished) grants the Service Provider a non-exclusive, royalty-free, non-transferable license to use such works, which includes, in particular, the publication of works on the Website. The license is granted to fields of exploitation defined in art. 50 Act of 4 February 1994 on Copyright and Related Rights (consolidated text. Dz. U. of 2006., No. 90, Item. 631).

XI. Limitation of liability

1. Service Provider shall not be held responsible for the use of Platform, Surveys, Tests, and Deliverables in the activities of the User or Account Holder or any third party.

2. Service Provider shall not be liable to the User or Account Holder for lost profits, revenues, or other economic loss, including consequential, special, punitive, or other similar damages, arising from or related to this Contract.

XII. Final provisions

1. The present Terms and Conditions are available on the Website.

2. The Privacy Policy is available on the Website. All necessary information regarding User’s personal data processing is provided in the Privacy Policy.

3. In the event that any of the individual provisions of the Terms and Conditions shall be deemed invalid or unenforceable, the invalidity or ineffectiveness of this provision shall not affect the validity or enforceability of the remaining provisions of the Terms and Conditions. The Service Provider shall endeavor to replace the invalid or unenforceable provision with a new provision that is consistent with the law in force.

Pursuant to the art. 6 of the Act of 18 July, 2002 on Providing Services by Electronic Means, the Service Provider shall inform the User at his request, in the form chosen by him, of the specific risks related to the use of any services provided electronically.
The court competent for any disputes arising from the present Terms and Conditions and from the Contract shall be the court competent materially and locally for the Service Provider.
The Service Provider is entitled to unilaterally amend the Terms and Conditions in the following events: (a) the circumstances of Force Majeure, (b) changes in the regulations in force applicable to the provision of electronic services or to the distance transactions, (c) changes in the offer of the Service Provider presented on the Website, provided that such amendments to the Terms and Conditions are intended to adjust the wording of the Terms and Conditions to the offer. The Service Provider will notify the User of any change of the Terms and Conditions, in the form of a message sent to the email address provided by the User to the Service Provider. Users will be bound by the provisions of new Terms and Conditions on the date of notification about changes in the Terms and Conditions. Amendments to the Terms and Conditions in so far as they relate to the Contract do not alter the content of the Contracts concluded before the amendment of the Terms and Conditions.
The User hereby declares that he has read the Terms and Conditions and the Privacy Policy, that he understands the content of those documents and fully accepts it, and undertakes to comply with their provisions.