YOUR RIGHTS TO USE THE ATTEST SERVICE

Thank you for using the Attest Service. We provide you with a limited, revocable, non-exclusive, non-transferable, personal and terminable licence and use of the Attest Service but only on the terms and conditions of these Terms. This licence may be revoked at any time by us and without notice to you.

You may access and use the Attest Service during the Term, on the terms and conditions of these Terms, to:

1. provide Survey Responses to Survey Opportunities;
2. create and modify your personal account with the Attest Service (“Survey Respondent Account”) in order to ensure that your contact details are kept up-to-date during the Term; and
3. receive the Attest Service.

WHAT WE ASK YOU NOT TO DO

To make sure we provide the best possible service to our Survey Makers and Survey Respondents, there are a few things that we ask you not to do. For example, you agree (unless where permitted by applicable law or approved by us in writing) not to:

1. register for, use or maintain more than one Survey Respondent Account in any 12 month period;
2. knowingly withhold information which may affect Attest's ability to provide the Attest Service to you or others, or the security or integrity of the Attest Service;
3. use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access the Attest Service, or to search, display or obtain links to any part of the Attest Service. Any such use or attempted use of an automated program shall be a misuse of the Attest Service. Obtaining access to any part of the Attest Service by means of any such automated programs is strictly unauthorised;
4. use the Attest Service to impersonate any person, or to misrepresent your identity or your organisation's identity, or your or your organisation's affiliation with any person;
5. share the login name and password issued to you by Attest for your Survey Respondent Account with any other person, including other Survey Respondents, and we ask you to keep such login name and password secure and confidential;
6. create, transmit or introduce into the Attest Service any programs, viruses, malware, or other type of malicious software, or links to such software, that could disrupt or harm the proper operation of the Attest Service or incite another to do so;
7. engage in sending unsolicited messages to any number of users on or via the Internet on the Attest Service;
8. upload, store or download any material that is, or appears to be, unlawful, illegal or in any way harmful (for example, threatening, abusive or obscene), defamatory, or infringing third party copyright, trade mark, or other intellectual property rights (together, “Prohibited Material”), or otherwise use the Attest Service for any purposes which would be prohibited under applicable law;
9. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any portion of the Attest Service (as applicable) in any form or media or by any means;
10. misuse the Attest Service by interfering with its normal operation, or attempting to access it using a method other than through the interfaces and instructions that we provide;
11. circumvent, or attempt to circumvent, any limitations that Attest imposes on your Survey Respondent Account (such as by opening up a new Survey Respondent Account to submit a Survey Response that we have closed for a Terms violation, or by attempting to abuse or circumvent the rules of any promotion);
12. unless authorised by Attest in writing, probe, scan, or test the vulnerability of any Attest system or network;
13. engage in abusive or excessive usage of the Attest Service, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Attest Service for other users;
14. use the Attest Service to infringe the Intellectual Property Rights (as defined in clause 7.1 below) of others, or to commit an unlawful activity;
15. resell or lease the Attest Service without the express written consent of Attest or entering into the “Attest Reseller Programme”;
16. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Attest Service;
17. build any product or service using any part of the Attest Service which is similar to, or competes with, the Attest Service;
18. license, sell, rent, transfer, assign, distribute, display, disclose or otherwise commercially exploit or otherwise make the Attest Service available to any third party; or
19. attempt to obtain, or assist third parties in obtaining, access to the Attest Service, other than as permitted in these Terms.

WHAT TO DO IF YOU NOTICE SOMETHING THAT YOU THINK SHOULD NOT BE ON OUR WEBSITE OR COMMUNICATED TO YOU?

If you become aware that any material uploaded to, stored in or transmitted via the Attest Service which you think may constitute Prohibited Material, we ask you to use the “Inappropriate” inputs contained within the Attest Service and/or to notify us immediately by email to support@enlightly.ly of the existence of such Prohibited Material. Please be aware that Attest may disable and/or remove any Prohibited Material from the Attest Service without notice to you.

Attest may disable and/or remove any Prohibited Material from the Attest Service without notice to you.

THE SECURITY OF YOUR ACCOUNT

Please help us and let us know if you suspect your account has been hacked. You must notify Attest immediately by email at support@enlightly.ly, if you become aware of any unauthorised access to the Attest Service.

In order to protect you, Attest and other users of the Attest Service, if Attest suspects, or the Attest Service detects, an attempt to access your Survey Respondent Account by someone else other than you, your Survey Respondent Account will be suspended immediately. In such circumstances, Attest reserves the right to determine, at its sole discretion and without liability, whether to:

1. reinstate your Survey Respondent Account; or
2. permanently disable your Survey Respondent Account and terminate these Terms immediately on written notice to you.

In order to ensure the integrity of our service we reserve the right, at our sole discretion, and without liability, to:

1. temporarily prevent access to your Survey Respondent Account;
2. remove any Survey Response you submit through the Attest Service;
3. permanently delete or disable your Survey Respondent Account;
4. take measures to prevent the further use of the Attest Service by you, including blocking your IP address; and/or
5. terminate these Terms,

and to do so without any further liability to you or paying any further payments to you in accordance with these Terms, if you are found to be in breach of any of these Terms.

HOW YOU USE THE ATTEST SERVICE

We ask you to keep your email address and, where applicable, your contact details and payment details associated with your Survey Respondent Account current, up- to-date and accurate. Survey Respondent Accounts are controlled by the entity whose email address is registered with the Survey Respondent Account.

If you require them, you are responsible for maintaining, protecting, and making backups of your Survey Responses. To the extent permitted by applicable law, Attest will not be liable for any failure to store, or for loss or corruption of, your Survey Responses.

Attest may suspend or terminate your Survey Respondent Account, and delete any content contained in it, if there is no account activity (such as a log in event or payment) for over 12 consecutive months. This may also involve deleting, or otherwise revoking your access to, any unwithdrawn funds in your Survey Respondent Account at the time of termination. However, we will attempt to warn you by email before doing so, to provide you with the opportunity to log in to your Survey Respondent Account so that it remains active and funds remain available to you.

Whenever you make use of any features of the Attest Service, including those that allow you to submit Survey Responses to the Attest Service, or make contact or interact with Survey Makers or other Survey Respondents, the following terms will apply:

1. we are under no obligation to oversee, monitor or moderate any interactive feature or service that we provide on the Attest Service, and we expressly exclude our liability for any loss or damage arising from the use of any interactive feature or service by a user in contravention of these Terms, whether the feature or service is moderated or not. However, you acknowledge that, in order to ensure compliance with legal obligations, Attest may be required to review certain content submitted to the Attest Service to determine whether it is illegal or whether it 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;
2. where required by law, and only as far as is required by law, we may disclose your identity to any third party who is claiming that any content in Survey Responses posted or uploaded by you, via the Attest Service, constitutes a violation of their Intellectual Property Rights (as defined in clause 7.1 below), or of their right to privacy, or is defamatory;
3. we will not be responsible, or liable to you or any third party, for any content of your Survey Responses (including the accuracy, completeness, reliability and fitness for purpose of such Survey Responses) or any other user of the Attest Service. You will remain responsible at all times for the accuracy and completeness of your Survey Responses, and for any errors in such Survey Responses. You must ensure that you have all the rights and permissions needed to submit your Survey Responses, and the content in those Survey Responses. Attest is not responsible for any actions you take with respect to your Survey Responses; and
4. we have the right to remove any Survey Responses that you post or upload to the Attest Service if, in our opinion, it does not comply with these Terms.

The views expressed by other Survey Respondents, or which you may imply from Survey Makers from any Survey you take on the Attest Service, do not necessarily represent our views or values.

Any and all Survey Responses that you contribute to the Attest Service, and to any interactive features or services associated with it, must:

1. be accurate (where they state facts);
2. be genuinely held (where they state opinions); and
3. comply with applicable law.

PAYMENTS TO YOUR SURVEY RESPONDENT ACCOUNT

Attest rewards you for the Survey Responses you submit through the Attest Service. The payments made to you for providing Survey Responses will be determined by Attest in its sole discretion and the payment amounts may vary from time to time. Subject to clause 6.2, you will receive funds available to your Survey Respondent Account each time you submit a Survey Response to a Survey Opportunity. You can withdraw these funds at any time, provided that the value of the withdrawal exceeds the minimum transfer amount stated on the Attest Service. Processes for withdrawing funds are explained on the Attest Service where you can also select your preferred payment method. We allow you to have the choice of receiving payment via a range of third parties. By receiving payments through third parties, you also agree to be bound by their respective terms of service.

We reserve the right to withhold any payment for a Response, or to a Survey Respondent Account, which is in violation of any of these Terms.

You are responsible for paying any taxes (other than Attest's income tax) or duties arising out of or associated with any payments you receive via the Attest Service, including any related penalties or interest.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all copyright, trade mark, patent, database, design and other intellectual property rights that subsist anywhere in the world (“Intellectual Property Rights”) in the Attest Service belong to Attest and its third party licensors and that you have no rights in, or to, the Attest Service or the content you access through the Attest Service (other than your content) other than the right to access and use the Attest Service in accordance with the terms and conditions of these Terms.

These Terms do not grant you any right to use Attest's trade marks or other brand elements, so please do not use them without our express permission.

You acknowledge that all Intellectual Property Rights in:

1. anonymous data gathered by Attest from you visiting or using the Attest Service (including, without limitation, data and aggregated data that we derive from your Survey Responses) (“Survey Result Responses”); and
2. the content of your Survey Responses,

belong to, and shall belong to, vest in and remain vested in, Attest, and that you have no rights in, or to, Survey Result Responses or the content of your Survey Responses (other than the licence granted to you to use the Attest Service in clause 1 of these Terms). You shall, if requested by Attest, enter into such assignments or other formal documentation as may be necessary or desirable to record or effect the vesting of the ownership of the Survey Result Responses and content of your Survey Responses, in Attest.

CONFIDENTIALITY: YOUR OBLIGATIONS TO US

You acknowledge that, when you use the Attest Service, you may receive or have access to Confidential Information. “Confidential Information” means any information in any form (whether written, electronic, graphic, oral or otherwise) relating to Attest, a Survey Maker or a Survey Respondent, or the customers, finances, sales, marketing, products, suppliers business, employees, business operations, projections, forecasts, management, prospective business, operations, strategies, technical processes, software, computer systems, source code, design documents, API, staff, Intellectual Property Rights or finances of Attest, a Survey Maker, or a Survey Respondent which comes into a party's possession by virtue of these Terms and which has been marked (or provided a similar designation) to be confidential at the time of disclosure, or could reasonably be expected to be regarded confidential or proprietary to Attest, a Survey Maker or the Survey Respondent.

You will keep all Confidential Information strictly confidential.

During your use of the Attest Service and for an indefinite period following the end of use of the Attest Service, you will not use or disclose to any third party (and will use your best endeavours to prevent the publication or disclosure of) any Confidential Information. This restriction does not apply to:

1. any use or disclosure authorised by us or required by applicable law; or
2. any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.

CONFIDENTIALITY: OUR OBLIGATIONS TO YOU

We will treat your content as Confidential Information and only use and disclose it in accordance with these Terms and our Privacy Policy. However, your content is not regarded as Confidential Information if such content or Survey Responses:

1. is or becomes public (other than through breach of these Terms by Attest);
2. was lawfully known to Attest before receiving it from you;
3. is received by Attest from a third party without knowledge of breach of any obligation owed to you; or
4. was independently developed by Attest without reference to your Survey Responses.

AVAILABILITY OF THE ATTEST SERVICE

We will endeavour to keep the Attest Service available, but the Attest Service may be unavailable from time to time for various reasons. The Attest Service is made available to you on an “as is” and “as available” basis.

Attest will not be liable to you for any failure or inability to provide continuous, error free, uninterrupted services via the Attest Service caused by any circumstances beyond our control.

WARRANTIES

You warrant to Attest that you have the authority, capacity and ability to enter into these Terms, and to perform your obligations under these Terms.

You warrant that:

1. you own or have permissions to use all Intellectual Property Rights in the content of your Survey Responses;
2. the possession and use by Attest of the content of your Survey Responses for the purpose of providing the Attest Service will not infringe the Intellectual Property Rights of any person or contravene applicable law; and
3. any content that is uploaded to, stored in or transmitted to the Attest Service by you will not be Prohibited Material.

INDEMNITY

This is an important clause so please read it carefully. In order to protect us, you will indemnify and undertake to keep Attest, its officers, servants and agents indemnified against any costs or expenses (including reasonable legal costs and the cost of any settlement) arising out of any claim, action, proceeding or demand that may be brought, made or prosecuted against Attest arising out of or as a consequence of a breach of these Terms by you, or an unlawful or negligent act or omission by you, or an infringement of any third party rights (including, without limitation, Intellectual Property Rights) which arise out of or are connected in any way with these Terms.

LIMITATION OF LIABILITY

This is an important clause so please read it carefully. You acknowledge that the Attest Service has not been developed to meet your individual requirements. You acknowledge that the Attest Service is provided on an ?as is' and ?as available' basis. Attest gives no condition, warranty, undertaking or representation to you, whether express or implied, in respect of the suitability, or fitness for purpose, of the Attest Service. This does not affect any statutory or other rights available to you.

Nothing in this Agreement excludes or limits the liability of Attest for death or personal injury caused by Attest's negligence or for fraudulent misrepresentation or other liability that cannot be excluded or limited by applicable law.

Attest's total liability to you in contract, tort, (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of Attest's obligations under these Terms, the lesser of the aggregate of your total receipts from Attest during the 3 months prior to the event giving rise to the liability or £10,000.

Attest shall not be liable for defects resulting from the improper use of the Attest Service by you, other Survey Respondents or Survey Makers, or by any other third party.

Attest shall not be liable to you whether arising under these Terms or in tort (including negligence or breach of statutory duty), misrepresentation or however arising, for any Consequential Loss. “Consequential Loss” shall for these purposes mean: pure economic loss; loss of profits (whether categorised as direct or indirect, actual or anticipated); losses arising from business interruption; loss of business revenue, loss of income, loss of goodwill or reputation, anticipated savings; losses whether or not occurring in the normal course of business, wasted management or staff time; and loss or corruption of data.

These Terms, together with our Privacy Policy, set out the full extent of our obligations and liabilities in respect of your access to the Attest Service. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Attest Service which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by applicable law.

TERMINATION

Attest may terminate these Terms immediately on written notice to you (which includes email) at any time if you breach any of these Terms.

Upon termination for any reason:

1. all rights and licences granted to you under these Terms shall cease;
2. you must cease all activities authorised by these Terms;
3. you shall have no right to use, reproduce, perform, display, distribute, install or test the Attest Service, or any other items provided by Attest to you in relation to the use of the Attest Service.

The following clauses will survive termination of these Terms together with any other terms of these Terms or this Agreement that contemplate performance or obligations after termination: 7 (INTELLECTUAL PROPERTY RIGHTS), clause 9.1 (CONFIDENTIAL INFORMATION), clause 12 (INDEMNITY), clause 13 (LIMITATION OF LIABILITY), and 16 (OTHER IMPORTANT TERMS).

ACTS BEYOND OUR CONTROL: FORCE MAJEURE

Sometimes the Attest Service may be impacted by events beyond our reasonable control, known as “Force Majeure” events. “Force Majeure” means anything outside the reasonable control of a party (other than in respect of payment obligations), including, but not limited to, acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, sabotage, epidemic, labour dispute, power shortage, network failure, server crashes, deletion, corruption, loss or removal of data, including, without limitation, where a party ceases to be entitled to access the Internet or ceases to have access to the Internet, for whatever reason, any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency.

If Attest is wholly or partially precluded from complying with its obligations under these Terms by Force Majeure, then Attest's obligation to perform in accordance with these Terms will be suspended for the duration of the Force Majeure.

OTHER IMPORTANT TERMS

Attest may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to the Attest Service, and to account for new services or functionality. Any changes will be posted on this page. Attest may also provide notification of changes via email or on the Attest Service. Changes will be effective as soon as they are publicly posted.

In order for certain changes to become effective, applicable law may require Attest 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 these Terms, you should stop using the Attest Service, because by continuing to use the Attest Services you indicate your agreement to be bound by the updated terms.

Attest is looking to constantly change and improve the Attest Service. Attest may add, alter, or remove functionality from the Attest Service at any time without prior notice to you.

We may remove content from the Attest Service at any time in our sole discretion, although we will endeavour to notify you before we do that if it materially impacts you, and if practicable under the circumstances.

You may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Terms, without our prior written consent.

We may at any time assign, transfer, charge, subcontract, or deal in any other manner with all or any of our rights under these Terms, and we may subcontract or delegate in any manner any or all of its obligations under these Terms to any third party or agent.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

If a court or any other competent authority finds that any provision (or part of any provision) of the Agreement is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.

Nothing in the Agreement is intended to, or will be deemed to, constitute a partnership or joint venture of any kind between the parties, or constitute any party the agent of the other party for any purpose. No party will have authority to act as agent for, or to bind, the other party in any way.

A person who is not a party to the Agreement will not have any rights under or in connection with it.

Nothing in the Agreement will render you an employee, worker, agent, joint venture or partner of Attest, and you will not represent or hold yourself out as such.

The Agreement constitutes the entire agreement between you and us in relation to your access to the Attest Service. You acknowledge and agree that you have not relied on any statement, promise or representation made, or given, by or on behalf of, Attest which is not set out in these Terms. Nothing in this clause shall limit or exclude any pre-contractual liability for fraud.

These Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law and you and Attest irrevocably submit to the exclusive jurisdiction of the courts of England and Wales over any action, claim or matter arising pursuant to, or in connection with these Terms.