These are the terms & conditions (AGB) for the subscription to the CInspector service on cinspector.com and the purchase of a CInspector license from Steffen Schilb, Riehler Strasse 43, 50668 Cologne (Germany). They regulate the contractual relationship between Steffen Schilb (owner) and those who register (customer). Please read the following sections carefully. Any person registering at cinspector.com agrees to and is bound by the following terms & conditions. The CInspector service is for B2B use only (companies, organizations). Private customers are not accepted. The contractual language is English.
To use the CInspector service, the customer has to register for the CInspector free trial version on cinspector.com first. After a successfull registration, the customer's personal & account information is stored. A customer subscribed to the free trial version did not conclude a contract. Claims deriving from this business relationship will not be valid. By upgrading or extending his subscription in his personal account, a customer can purchase a CInspector license. After a successful purchase of a CInspector license including the transaction of the license fee, the contract is concluded.
The following steps are necessary for a successful subscription:
(1) The user opens the registration page on cinspector.com.
(2) The user enters the following mandatory personal data: First name, last name, company/organization, country, email/user name, password, CInspector URL and accepts the terms & conditions. The user submits the registration form.
(3) A confirmation page is shown and an email is sent to the provided address. The customer can login with his email address and password from now on.
After a successfull registration, the customer's personal & account information is stored. For the trial version, some special conditions apply. By registering for the trial version the customer did not conclude a contract. Claims deriving from this business relationship will not be valid. In his personal account, the customer can upgrade to a licensed version of CInspector anytime.
The following steps are necessary for a successful conclusion of contract:
(1) The customer is registered to the CInspector service and logged in.
(2) The customer opens the subscription page in his personal account.
(3) From the offered options, the customer chooses a CInspector license (Single, 3 month, 1 year). If the customer has a voucher code he can enter it here and the license fees will be recalculated.
(4) The customer accepts the terms & condtions. Non-German EU-customers have to enter their VAT number.
(5) The customer checks the license conditions and fees again and clicks on the PayPal "Buy Now" button.
(6) The customer is redirected to the CInspector branded website of the payment handling provider PayPal. The customer follows the PayPal instructions and transfers the license fees. After a successful transaction, a confirmation email with the license details is sent to the provided customer email address and the contract is concluded. The customer holds a CInspector license for the selected license option from now on.
(7) The customer is redirected to his personal account. The subscription changes take effect immediately. Within the next 14 days, the customer will get his bill (PDF via email).
(1) The customer must provide correct payment information. If the payment does not correspond with the actual license fees for what reasons ever, the owner reserves the right to cancel the subscription.
(2) Payment by PayPal is preferred, but other payment modalities are accepted as well, e.g. direct bank transfer. To discuss other payment options, the customer can contact the owner directly via the contact form. Thus, the registration process differs from the standard purchase:
(1) License fees are subject to change.
(2) A customer can upgrade or extend his subscription anytime in his personal account.
(3) Based on the customer's current subscription, the offered options differ. These are the options:
Downgrading is not possible. For example, a customer with a 3 month license cannot purchase a single study license, he can only extend his license term for another 3 months or 1 year.
(4) Customers with a single study license can purchase additonal single study licenses, so called (study) credits. With these credits, they raise the limit of studies that can be created within their license ship. When creating a study, the system checks this value first. When the customer is allowed to create this study (because he has still enough credits), the study will be created and the number of credits will be decremented by 1 (When creating another study, the customer has 1 credit less). When deleting a study in work (not published), the customer will get this study credit back to start again from scratch: The number of study credits will be incremented by 1. When deleting a running or closed study, the purchased single study license is already "in use". In this case, the customer will not get back the study credit.
(5) Except for the single study license, the service is granted for the term of the chosen subscription. When the period is over, the Cinspector subscription expires.
(6) When the subscription has expired, costumers can still login and access running & closed studies for at least 1 year, but they cannot create new studies or modify unpublished studies. Test participants can access take part at runnung studies for another 30 days. Afterwards, the test link will not be active anymore.
(7) For the single study, the subscription term is not limited. However, the owner reserves the right to cancel the subscription after 3 years.
(8) If a user with a free trial subscription upgrades to a 3 month or 1 year license and his current subscription did not expire yet, the remaining days are added to the new subscription term as an extra.
(9) If a customer with a 3 month or 1 year subscription extends his license term for another 3 month or 1 year and his current subscription did not expire yet, the remaining days are added to the new subscription term.
(10) If a user upgrades his subscription or extends the license term and his current subscription already expired, the new subscription term starts with the current date.
The customer complies with all obligations set forth in these terms & conditions, especially the following.
(1) The CInspector service is for B2B use only (companies, organizations). Private customers are not accepted. Customers must register with their business data.
(2) Customers have to provide current, complete and accurate information in the registration process and their personal account. They will not send any transmission that attempts to hide their identity or represents them as someone else.
(3) After a sucessfull registration, the customer's account will be activated. From now on, he can login with his provided email address in combination with his password in order to use the CInspector service. The customer is fully responsible for maintaining the confidentiality of the password and his account data and for all activities that occur under his account. Passing the account information to third parties is not allowed. It is the registered costumer's responsibility to take care that he is the only one who can access his account. This includes his personal profile and all study and customerrelated data. The customer agrees to (a) immediately notify the site owner of any unauthorized use of his password or account data or any other breach of security, and (b) ensures that he exits the CInspector service with the logout functionality to destroy the current session. The site owner will not be liable for any loss or damage arising from the customer's failure to comply with this section.
(4) Customers can request a removal of all customerrelated data from the site owner any time, except the data that is necessary for the execution of the contract. By removing the customer from the CInspector service, all study and further customer data will be removed as well.
(5) The site owner is not responsible for any customer activities, contents, results, or other data, related to the use of the service. Customers are entirely responsible of the creation and maintenance of all content in their account and all activities associated with their use of the service. This includes content that the customer uploads, posts, emails, transmits or otherwise make available via the service. The site owner is not able to control the content posted via the service and, as such, does not guarantee the accuracy, integrity or quality of such content. The customer understands that by using the service, he may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the site owner be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the service. The customer is obligated to not use the service to:
(6) Study participants can request a removal from their test results from the study administrator (customer). It is the customer's responsibility to remove the corresponding data. The site owner is not responsible for the removal of study participant data and study related data.
(7) It is the customer's duty to inform prospective users (study participants) to take part at his study. It is his full responsibility how and where to call the user's attention (email etc.). The site owner is not resonsible for any claims deriving from the modality of sending out of the study link (e.g. spam, mailing lists).
(8) Violation of any of the terms & conditions relieves the site owner of any of its contractual or other legal obligations to the customer. In this case the owner is entitled at his sole discretion to terminate the contract immediately and to delete the customer's account. If the customer engages in any activity set forth in this section or violates these terms & conditions, his account will be terminated and use of the service prohibited. If the customer in any way interferes with the Cinspector service, the customer agrees to pay all damages incurred by the site owner, including any consequential damages, The site owner may report any unlawful conduct to the appropriate authorities and turn over any and all information regarding such activity to appropriate persons or entities.
(1) The customer expressly acknowledges and agrees that use of the service is at his sole risk. The entire risk of ascertaining suitability or risk arising out of the use or performance of the service remains with the customer, to the extent permitted by law.
(2) The service is provided on an "as is" and "as available" basis.
(3) The information and services included in or available through cinspector.com may include inaccuracies or typographical errors. Changes are periodically made. The site owner may make improvements of the service at any time.
(4) The site owner warrants that he owns the software used in the supply of the service and that the database and the system is running on a stable webhosting system of a reliable service provider.
(5) The site owner warrants that the software performs in accordance with the feature overview on cinspector.com and the documentation accessible in the customer's account. Where the service does not perform in accordance with this information, the site owner's liabilty is to resupply the service, or to refund the license fee on a prorata basis the customer paid for the current term.
(6) Other than those provided in this section, there are no warranties, claims or representations made by site owner, other than those expressly made in these terms & conditions, and whether implied or statutory with respect to the service, including but not limited to warranties of quality, performance, non infringement of copyright, merchantability, or fitness for a particular purpose, nor are there any warranties created by a course of dealing, course of performance or trade usage.
(7) The site owner does not warrant or make any representations regarding the reliability or accuracy of the registration information supplied to site owner nor the responses or information supplied by the users (study participants).
(8) The site owner does not warrant or make any representations regarding the use or the consequences of the use of any study, responses or results nor does the site owner warrant the correctness, usefulness, reliability, accuracy or otherwise of any study, responses or results. The site owner is not responsible for damages, including but not limited to lost profits, business interruption or other loss resulting from use of or reliance in any way on any study, responses or results created on or through the service. It is solely the customer's responsibility to evaluate the accuracy, reliability, completeness and usefulness of any study, study responses, study results or other information received while using the service.
(9) The site owner shall not be responsible for unauthorized access to or alteration of the customer's transmittions or data, any material or data sent or received or not sent of received or any transactions entered inro through a CInspector service. The customer specifically agrees that the site owner is not responsible or liable for any threatening, defamatory, obsence, offensice or illegal content of conduct of any other party or any infringement or another's rights, including intellectual property rights.
(10) The site owner shall not be responsible for any customer activities, contents, results, or other data, related to the use of the service. Customers are entirely responsible of the creation and maintenance of all content in their account and all activities associated with their use of the service. (See also Usage terms & customer responsibilities).
(11) The legal liability will remain unaffected.
(1) The owner takes the protection of the customer's personal data and the confidential study participant's data very seriously and follows the German/European data protections laws strictly. He collects only as much data as is required for contract use. The owner does not sell, rent or lease the data to third parties or use them for different purposes than the statistics or for contract use (See also privacy statement).
(2) When the customer is subscribed to the newsletter service, the site owner is authorized to use the customer's email address for sending out the newsletter.
(3) When a customer with an expired license remains inactive for a period of 2 years, the owner reserves the right to delete the customer's account without a notification. The customer acknowledges that the owner reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
(4) The site owner will make every effort to ensure that whatever information the customer collects or enter in his account will be maintained in a secure environment, including study details and study results.
(5) Study results are available online for at least 6 month from the date the customer closes a study. Afterwards, the site owner reserves the right to delete the result data from the database and to limit the data provision to the result spreadsheet (matrix).
(6) The site owner does not share the content of your study with any parties, and makes every effort to guard against unauthorized access to your study data.
(7) The site owner reserves the right to contact the customer regarding his account account status or any other matter that might affect the service to the customer and/or our records related to the customer's account.
(8) The site owner uses collected information, including personal information, for the following general purposes: contract use, identification and authentication, services improvement and contact.
(9) The site owner may collect any feedback you provide, including suggestions, observations, and problems regarding service improvement.
(1) The owner did his best efforts to provide the customer with a controlled, secure environment protected from unauthorised access, use or disclosure. However, the owner cannot guarantee that the system is completely protected from all potential security threats.
(2) The owner did his best efforts to enable the customer to work in a stable, usable and reliable enviroment. However, the owner cannot guarantee that the system is completely free from bugs, error, data loss, problems or other potential limitations.
(3) To make sure, sensitive data is processed in a secure environment the registration page and the study administration pages are provided with a secure SSL connection.
(4) By default, cinspector.com and the CInspector service are available 24 hours. For maintenance, updates or other issues that have impact on the operational reliabilty of the system, the service can be put offline and thus may not be available to the customer. Wherever possible the customer will be notified in advance by email.
(5) The customer agrees not to undertake, cause, permit or authorise the hacking of the service.
(1) Before contacting the site owner directly, the customer should be sure that his request is not addressed on www.cinspector.com, the documentation or the FAQ.
(2) Support is provided via email (email@example.com) or via the email form. Telephone calls are not accepted.
(3) Support is limited to applicationrelated issues, e.g. uploading a sitemap. Support in running a study, e.g. finding study participants is not provided. The site owner will not charge additional fees for the support provided. Support in studyrelated issues such as analysis, formatting the results is not part of the license support but can be negotiated seperatley.
(4) The site owner reserves the right to put replies to customer questions in the FAQ section of the CInspector service.
(1) The site owner owns all proprietary and intellectual property rights of cinspector.com and the CInspector service including graphics, logos, icons, names, text, software, page layout, design, processes, procedures or other material contained to the extent such content is provided and/or designed by the site owner. No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content. No one may copy, reproduce, transmit, post, distribute or create derivative works from the service without prior express authorization.
(2) Customers are permitted to use the service to create studies for use as an end product only. While an account is active, customers will have the right to access their study information, responses, results and related data, and assume the entire risk of disclosing such content to third parties. Any data entered by the customer using the service or collected through the service remains his property. The customer will be able to export aggregated study results from the service.
(1) The site owner may, at its discretion, update or revise the terms & conditions at any time. Any changes will take effect immediately once they are posted on the web site. The site owner will notify customers by email. Within the next 14 days, customers have the possibility to terminate their contract when not being satisfied with the changes. The license fee will be refund on a prorata basis. Use of services after the notice is sent shall be interpreted as an acceptance of the modifications.
(2) Modifications of the service may include, but are not limited to, the number of study participants that can be invited and the number of studies that may be created.
German law is appointed. Court of jurisdiction is Cologne.